APP-8 <br />Applicant/HBA: <br />Mr. Kloos requested that the PC reject this as "new evidence." (See Hearing Exhibit E.) <br />PC Determination: <br />The PC rejects and does not consider the "Google Map" transparency because it is new evidence that is <br />not in the record and was not considered by the HO in rendering his decision. <br />Request to Reject the SEN "Demonstrative Exhibit" <br />SEN: <br />At the November 14, 2012 hearing, Mr. Snyder posted the Applicant's full-size contour map and then <br />called Mr. Matthews, with ruler and marker in hand, to measure and mark on that map. <br />Applicant/HBA: <br />Mr. Kloos requests that the PC not accept this map because the markings on the map are new <br />evidence. <br />PC,Determination: <br />The PC rejects and does not consider the map prepared by Mr. Matthews at the hearing because the <br />markings on the map are new evidence. <br />Request to Reject Appellants' Testimony Received After November 14, 2012 <br />Both Parties: <br />Staff received an email with an attached letter from Dan Snyder on November 16, 2012, and emails <br />with attached letters from Bill Kloos on November 15 and November 19, 2012. Staff also received a <br />letter from Dan Snyder, dated November 30; 2012. <br />PC Determination: <br />The time for submitting material into the record closed on November 14, 2012. Therefore, all the <br />materials submitted after close of the record are excluded and not considered. <br />W. FINDINGS OF FACT AND CONCLUSIONS OF LAIN <br />The PC's findings and conclusion regarding each appeal issue are provided below. After consideration <br />of the applicable law and all argument and evidence in the record, the PC finds that the subject <br />application meets all applicable PUD approval criteria from EC 9.8325, with additional findings and <br />conditions of approval as described below. The HO's initial decision to deny the application is therefore <br />reversed. As a result of the PC's determinations on the appeal issues below, tentative PUD approval is <br />only granted for development of the western portion of the subject site. This approval specifically <br />excludes the development proposed on the eastern portion of the site as shown on the applicant's <br />original 75-lot plans (i.e. the proposed development shown on Tax Lot 101 of Assessor's Map 18-03- <br />20-21, including Canyon Drive, Starwood Loop, Lots 50 through 75, and all related utilities and <br />infrastructure). In the event of any conflict between the HO's decision and this Final Order, this Final <br />Order shall prevail. <br />Final Order- Deerbrook PUD (PDT 12-1) December 17, 2012 Page 7 <br />10 <br />