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Last modified
9/6/2017 2:41:35 PM
Creation date
8/12/2016 9:57:08 AM
Metadata
Fields
Template:
PDD_Planning_Development
File Type
CU
File Year
2
File Sequence Number
4
Application Name
Cathedral Park
Document Type
Appeal Materials
Document_Date
8/11/2016
External View
Yes
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Creek". Id. p.2. (Emphasis added). There was no mention by Public Works that piping the <br />creek was involved, let alone 340 feet of pipe. <br />Third, there is no evidence that piping 340 feet of the creek is necessary for stormwater <br />management for the housing development. The applicant has not provided any expert <br />evidence that piping the creek is necessary to handle the surface and stormwater runoff from <br />the housing development. His only stated intent is to pipe the creek so he can pump water <br />from his property and apparently from the creek to a reservoir to irrigate other parts of the <br />cemetery. <br />The staff report indicated that there are other ways of dealing with stormwater runoff that <br />would not involve piping the creek. In discussing the possibility of a future denial of the <br />proposed piping under the Water Resources Overlay, the staff noted "there would be other <br />means of providing stormwater infrastructure necessary for the CIR housing without fully <br />enclosing the stream corridor in a pipe". Staff Report of Gabe Flock, Senior Planner, July 8, <br />2016, p. 6. <br />In addition, the Public Works Referral Response states that the proposed piping of the creek <br />to the proposed pond should not be addressed through the CIR approval process. Public <br />Works, at the end of its Response in a section entitled Informational Items, notes that "[t]he <br />site plan shows piping an on-site creek, and diverting the water to a proposed pond. This <br />proposal is not addressed through the CIR/CUP criteria and is not evaluated or approved <br />through this process". Public Works Referral Response, P. 5. (Emphasis added). <br />In sum, the piping of the creek is not necessary to get sanitary lines under the creek and is <br />not necessary for management of the stormwater services for the housing development. <br />Since the piping will be installed in order to pump water to irrigate other parts of the <br />cemetery, and is not necessary for the housing development, piping the 340 feet of the creek <br />that go across the applicant's property will unnecessarily remove attractive natural vegetation <br />alongside the creek as well as downstream in violation of EC 9.724(2)(6)(1). <br />The trail alongside the portion of the creek where the piping would be installed is part of a <br />longer trail system that runs beside the creek. As the testimony of Ingrid Wendt shows, <br />wildflowers bloom in abundance in the springtime on the banks of the creek. A large <br />number of trees grow alongside the creek throughout the year. <br />The construction of the piping will remove attractive natural vegetation. The pipe itself, in <br />the area where it is located, will also deprive flowers and trees of water, resulting in the <br />removal of more attractive vegetation. <br />The pumping of water from the creek once the reservoir is completed will diminish the <br />amount of downstream flow causing the loss of additional vegetation. And in the interim <br />before the reservoir is completed, there will be an increase in the volume and velocity of the <br />water caused by channeling the water into the pipe. This additional volume of water will <br />also adversely affect wildflowers and trees causing their demise. <br />12 <br />
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