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Resolution No. 98-57 CITY OF TIGARD,OREGON RESOLUTION NO.98--fl db RESOLUTION BY THE CITY COUNCIL DENYING AN APPEA- OF THE PLANNING OMMISSION'S DECISION TO APPROVE, SUBJECT TO CONDITIONS, HILLSHIRE CREEK ESTATES#4 SUBDIVISION(SUB 98-0003/PDR 98-0004/MIS 98-0006/VAR 98-0004/SLR 98-0005). WHEREAS,the applicant requested preliminary plat approval to subdivide an approximately 14.03 acre site for the creation of a 64 lot single-family attached Planned Development Subdivision. The Planned Development is proposed in order to maximize the preservation of significant natural resources on the site which include a natural wetlands area,numerous trees,and terrain with slopes exceeding 25%. The application also involved a request rbr approval of a Variance to the City of Tigard cul-de-sac design standards for length and the number of lois taking access from a cul-de-sac, and to allow a street grade of 15%. Sensitive Lands Review was requested for mitigation of any impacts to the wetland areas and Lot Line Adjustment approval was requested to transfer approximately 1.31 acres from Tax Lets 00400 and 00500 to Tax Lot 00300(Tract"L"); and WHF,REAS,on August 17, 1995 the Planning Commission conducted a Public Hearing concerning the proposed subdivision and at the close of the public hearing and subsequent discussion,voted to approve the subdivision, subject to conditions of approval; and WHEREAS,on August 31, 1998 the appellants filed an appeal of the Planning Commission's decision claiming that the wetlands depicted on the city's wetlands map are inaccurate,some streams are not shown in the correct location or are not shown at all, co,.cems of steep slopes resulting in slides, and the appellant stated that the previous owner altered the flow of water on uie property. Although not applicable review criteria,the appellants raised concerns about school size.and additional volume on the roads; and WHEREAS,the issues raised by the appellants are not substantiated and the applicant has provided evidence in the form of professional reports from a wetland scientist and geotechnical engineer that substantiate the fact that e issues raised are not accurate; and WHEREAS,findings contained within the Planning Commission's decision(Final Order No. 98-08 PC)and the conditions of approval will insure that all required permits and engineering review is obtained for this project prior to the beginning of any constiuction. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION I- The City of Tigard hereby iete-mines that the Planning Commission's decision for approval is appropriate based on findings in the Planning Commission Final Order, the October 13, 1998 memorandum from staff and testimony provided at the October 27, 1998 City Council meeting and hereby denies the appeal of Hillshire Creek Estates#4 Subdivision(SUB 98-0003/PDR 98- 0004/M1S 98-0006NAR 98-0004/SLR 98-0005). PASSED: This day of �i 1 U l 1998. i y -City of Tigard ATTEST- 6-4 puty City Recorder_— C:Lty_fy Tigard RESOLUTION NO.98- is\citywide\res\hillshire.res Page I of 1 Julia P H 28-Oct-98 9:00 AM