_____________________________________________________________________________________ <br /> <br />Staff Report | Braewood Hills 3rd Addition (PDT 24-1 & ST 24-3) <br />the Oregon Department of State Lands (ODSL). At the time of this review, a Wetland Removal- <br />Fill permit has not been issued by ODSL. A previous attempt to re-route the existing outfall in <br />2022 resulted in a Code Compliance enforcement action (Case No. 22-00839) for trenching and <br />drainage work diverting spring water away from wetlands on the subject site without any <br />permits. It was noted at the time that trenching was done within the critical root zones of <br />existing trees on the site. The City’s Erosion Control team monitored and confirmed the <br />restoration of the site to its previous condition in December 2022. <br /> <br />Based on the history of work done without permits on the site, possible negative impact to <br />existing trees, the existence of a Goal 5 protected stream on site, and multiple identified <br />wetlands on site requiring Wetland Removal-Fill approval from the Oregon Department of State <br />Lands, staff does not recommend approving the proposed site alterations prior to final PUD <br />approval. Rather, the proposed drainage improvements and any related site work should be <br />undertaken subject to appropriate permitting processes and review, following final PUD <br />approval. To ensure compliance, the following condition of approval is also recommended: <br /> <br />21. The final PUD plans shall include the following note: “No site alteration is allowed prior <br />to final PUD approval. This prohibition includes site grading and the removal of trees <br />and other vegetation, as well as any impacts to wetlands and the protected stream on <br />the subject property including changes to the existing drainage pattern. Any such <br />alterations shall only be allowed subject to permit review and approval, and erosion <br />control measures as required for the proposed work.” <br /> <br />With this condition of approval, early site alteration would be precluded. This type of site work is <br />best addressed in conjunction with the overall infrastructure design and more comprehensive <br />plans, as well as with erosion control in place at the time of construction. <br /> <br />SECTION 2 –TENTATIVE SUBDIVISION EVALUATION <br />EC 9.8505 Applicability of Subdivision, Tentative Plan Applications – confirms at EC 9.8505(4) <br />that a tentative plan application to subdivide land may be submitted and reviewed concurrently <br />with a Tentative PUD application following a Type III application procedure. In this case the <br />applicant submitted a concurrent Tentative Subdivision application along with the Tentative <br />PUD, to follow a Type III application procedure. Accordingly, an evaluation of the Tentative <br />Subdivision approval criteria is provided below for this concurrent application. <br /> <br />EC 9.8520(1): The proposed land uses and densities within the PUD are consistent <br />with the land use designation(s) shown on the comprehensive plan diagram, as <br />refined in any applicable refinement plan. <br /> <br />As discussed in Section 1 – Planned Unit Development Evaluation at EC 9.8325(2) and <br />incorporated herein by reference, the proposed land use is consistent with the Metro Plan and <br />the South Hills Study. The proposal at 15.47 acres and 38 lots, has a density of 2.45 units per <br />gross acre, well below the density recommendation of the South Hills Study of 8 units per gross <br />Page 29 of 87