Additionally, the PC finds no evidence in the record as to how the HO cot*IB46hat <br />using the square measuring tool could "miss areas that are 20 percent slope or <br />greater." The PC finds this to be an incorrect factual conclusion. Furthermore, while <br />the PC agrees with the HO to the extent that using the square measuring tool may <br />"capture areas that are less than 20 percent slope," this approach ensures <br />compliance with the applicable criterion. Therefore, the PC finds that using the <br />square measuring tool is appropriate for purposes of determining slope. <br />The PC believes the most convincing and credible evidence of map accuracy is Sheet <br />L2.0 of the Applicant's August 22, 2012 plans (the Applicant's illustrative 47-lot <br />plan), which was provided to-scale and stamped and signed by the Applicant's <br />design professional, Carol Schirmer. <br />PC Decision: The PC accepts these arguments and determines that the HO erred in relying on the <br />Matthews Map. The PC reverses the HO's decision by confirming that Sheet L2.0 of <br />the Applicant's plan dated August 22, 2012 is the correct map for determining <br />compliance with the approval criterion at EC 9.8325(5). Approval condition #3, <br />.which is listed at the end of this Final Order, ensures compliance with this criterion. <br />Applicant/HBA Appeal issue #2: Improvements in West Amazon Drive Right-of-Way <br />"The Ho erred in failing to find that West Amazon Blvd. improvements can be constructed within the <br />60 foot right-of-way in compliance with the 20% slope grading limitation of EC 9.8325(5)." <br />PC Findings: The source of this assignment of error cannot be specifically found in the HO <br />decision; it is not clear how this "failure to find" would have changed the HO <br />decision. With regard to West Amazon Drive, the HO correctly begins his evaluation <br />of EC 9.8325(5) as follows: <br />To start, the existing West Amazon Drive is not included in the "development <br />site," which is a term defined in EC 9.0500 as follows: "A tract of land under <br />common ownership or control, either undivided or consisting of two or more <br />contiguous lots of record. For the purpose of land use applications, development <br />site shall also include property under common ownership or control that is <br />bisected by a street or alley." As such, the existing West Amazon Drive right-of- <br />way is not subject to this approval criterion. (See page 12 of HO Decision.) <br />There is nothing in the HO's evaluation of EC 9.8325(5) that critiques West Amazon <br />Drive. It does not appear that the HO was concerned about the construction of <br />West Amazon Drive occurring outside of the existing right-of-way, and therefore <br />being subject to the 20% slope grading prohibition; conversely, the HO endorsed the <br />conditions of approval recommended by staff regarding the establishment of slope <br />easements and the delineation of 20% sloped areas that shall not be graded, as an <br />additional precautionary measure to ensure compliance. <br />Further, the Applicant/HBA does not appear to be contesting the related approval <br />conditions by offering the following, additional condition of approval: <br />Final Order - Deerbrook PUD (PDT 12-1) December 17, 2012 Page 15 <br />18 <br />