HomeMy WebLinkAboutComments Miscellaneous 4/18/2004
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Willamalane
Park & Recreation District
MEMORANDUM
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. To: Jim Donovan
From: Greg Hyde
Date: April 15, 2004
Subject: Application for Discretionary Use Pumit
MountainGate Quarry I
Jo. No. ZON2004-00006
Willamalane offers the following comments for yoJr consideration.
I. Willamalane does not oppose the applicant'~ reLest for Discretionary Use approval. We have
concerns, however, about several aspects of the applicant's submittal, regarding which concerns we
would like the record to be clear. .
2. Willamalane has not, in any way, directed or re\luested the applicant to use the methods proposed in
this application (blasting and rock crushing). The proposed methods are entirely of the applicant's
choosing. Notwithstanding our interest in haviAg a clear record on this point, we also want to be clear
that we do not object to the proposed methoqs.1
3. We disagree with the applicant's assertion that MountainGate Master Plan Condition of Approval 53b
has been met by this application.
Condition 53 establishes that the Master Plan approval is founded on the assumption that park and
recreation resources adequate to serve the devel'opment will be transferred to public ownership. In the
interests of ensuring that outcome, section "lJ" ~fthe Condition requires two things.
First, Condition 53b requires that "an agreemJt between the applicant and the Willamalane Park &
Recreation District for the transfer of the School/Park (Quarry Park) into public ownership shall be
executed prior to platting of the subject property south of the intersection of MountainGate Drive and
Street "C"." That part of Condition 53b caim~t be met througl) this l!iscretionary Use approval
process. It can only be met by the executionoflan agreement between the two parties, Negotiations
are ongoing, but as yet no such agreement exists.
Second, Condition 53b requires that, "withi~ tJis timeline, the applicant shall submit to the District a
reclamation plan for the quarry that will demonktrate that the proposed rehabilitation ofthe quarry will
result in a site suitable for its intended purpose; i.e., a neighborhood park."
WILLAMALANE COMMENTS
MG QUARRY DU APP
The record shows that this requirement stemmeo from the applicant's reliance on the parks and open
space aspects of the Master Plan to demonstratd that various criteria of approval, Metro Plan policies,
and Goal 5 directives were met. Willamalane arid City staff testimony and reports also supported the
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requirement. In his suppOlting findings, the Hearings Official cites Willamalane staff testimony
recommending that his decision "require that the applicant provide a detailed reclamation plan for the
conversion of the quarry into a neighborhood p~rk" [emphasis added]. The Hearings Official
concludes that, "In order to ensure that this areJ serves the open space purpose for which it is to be
designated, it follows that a reclamation plan mhst be developed." .
The Hearings Official was referring to written tlstimOny from Willamalane staff, dated February IS,
1995, and April I?, 1995. In the February IS t~stimony, Willamalane argued that, "... in order to
ensure the usability of the quarry site as a neighborhood park, the reclamation plan should be required
to: I) be prepared by a team of qualified profes~ionals; 2) include a post-reclamation grading and
drainage plan; 3) specifY the depth and charact~ristics of the soil to be deposited at the site (adequate
to support park plantings and to provide for utility trenching and foundations); and 4) include
geotechnical certification of the post-reclamatidn stability of the side slopes." Our April I? testimony
included the following additional information.
The most pressing issue here has to do with thefeasibility of converting the quan)! site to a
neighborhood park. This is.a vel)! ambitiou,s proposal. In orderfor it to be developed as a
neighborhood park, substantial amountN>fgood topsoil will have to be deposited at the site. The
topsoil will need to be deep enough to allow for trenchingfor utilities and of the planting and
growing of park trees. SubsUlface drainagJ may have to be provided. ... The problem is that the
Master Plan provides Vel)! little specificity Ifegarding this proposed reclamation. Without
additional details it cannot be demonstrated that the proposal is feasible, and that adequate public
park and recreation services will be providJd. .
The logic then, of requiring the applicant J prepare a,detailed plan for a publicfacility ofwhich
he 'will not be the ultimate user, is the sa;ne!logic by which he is required to prepare plans for
proposed storm water management systims, streets, and sewers. It is to ensure that the public will
not end up accepting perpetual responsibilityfor systems andfacilities that may not work
proper(y, or worse, may result in the los~ ofllife or limb. It is the same logic, in fact, by which he
is required to prepare the Master Plan itself
This part of the condition has not been met BecLse the submittal does not include enough information
to demonstrate that the proposed activities will \-esult in a site that is suitable for a park. The level of
detail described in our earlier testimony is the Ibvel that we believe is required to meet the Condition.
Specifically, we offer the following observaiiorls.
. The submittal does not include a certificatidn by qualified professionals such as a landscape
architect, soils engineer, or hydrologist thatlthe post-reclamation condition will be adequate to
support park plantings and to provide for utility trenching and foundations.
. The submittal does not include a post-reclarhation grading and drainage plan with enough detail to
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demonstrate that provision has been made for placement of an adequate amount of topsoil.
. The submittal does not demonstrate that thel proposed depth and characteristics of soil to be placed
is adequate to support park plantings and to [provide for utility trenching and foundations. It states
that one foot of soil will be placed at the wetland mitigation site and at the detention basin.
Elsewhere, it says that "clayey" soil will bJ placed. ~layey soil is not conducive to supporting
park plantings that would typically include turf and trees. As stated in our earlier testimony, good
topsoil will be required. In our opinion, onb foot of soil is not adequate to support park trees or to
provide for utility trenching. The submittal!is silent on the quantity or quality of soil to be placed
on side slopes. The submittal offers no info,nnation to demonstrate that the soil to be placed will
be adequately drained. Soil that is saturated with water will not support park plantings, park
development, or park use.
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4. Willamalane has serious concerns regarding suggestions in the submittal that details of the quarry
reclamation, detention basin design, and/or wetland mitigation site design should be resolved through
a future Site Plan Review process, particularly ifthe expectation is that Willamalane would be
responsible for preparing such a Site Plan.] Th6se details must be resolved by the applicant in order to
determine compliance with the Master Plan cortditions and with subdivision approval requirements.
Willamalane does not accept responsibility for j.esolving those issues. .
5. Willamalane supports the applicant's argumentl in the last paragraph on ~age 2 ofth.e narrative, that
the detention basin design should be designed to direct storm water to specified areas (such as the
proposed "low-flow" stream and pools) during most stonn events, in order to optimize the amount of
time that the remainder of the area would be well drained and thus suitable for recreation use.
I In the last paragraph on page 5, the applicant's narrative states, "a site plan will be developed by Willamalane." In the third paragraph on
page 6, it states that, ""A future site plan required for park developrhent will incorporate specific final details for the detention pond, wetland
mitigntion areas, associated trails, and vegetation." I
WILLAMALANE COMMENTS
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