Public Comment (8) - Laserfiche WebLink

The SEN disagree with the HO findings of compliance, stating that "a fenvj negate that perimeter buffer and cause that property to become included in the PUD property." The PC does not agree that a fence would negate the required buffer or cause property to become part of the PUD that is not already, but finds that a fence is not expressly allowed under the provisions of EC 9.6210(7), and therefore is not allowed as proposed. PC Decision: The PC finds that the HO erred in allowing the applicant's proposed fence in violation EC 9.8325(3), but this is not a sufficient basis for denial. To ensure compliance, the following condition is imposed: The final PUD plans shall be revised to note that fencing is not allowed on the perimeter of the PUD or within the required 30' landscape buffer under the provisions of EC 9.8325(3) and EC 9.6210(7). " The PC therefore modifies the HO's decision to find that the applicant's proposed fence does not comply with EC 9.8325(3), and adds the condition of approval noted above to ensure compliance. (The condition is added as #19 at the end of this Final Order). SEN Appeal Issue #11; 19-Lot Rule "Because both the 75-lot and 47-lot Applications propose to use West Amazon Drive as the only public road, the Hearings Official erred in his interpretation of the Lode requirement." PC Findings: The code requirement in question is under approval criterion EC 9.8325(6), "The PUD provides safe and adequate transportation systems through compliance with all of the following..." Subsection (c) of this criterion is known as the "19-lot rule," which requires the following: The street layout of the proposed PUD shall disperse motor vehicle traffic onto more than one public local street when the PUD exceeds 19 lots or when the sum of proposed PUD lots and existing lots utilizing a local street as the single means of ingress and egress exceeds 19. HO found compliance with this standard based on the interconnectivity of West Amazon Drive, as follows: The street layout disperses motor vehicle traffic onto more than one public local street, as all streets proposed within the development connect with West Amazon Drive, which extends beyond the development site to the north (connecting with Martin Street) and south (connecting with Fox Hollow Road). The applicant proposes to improve West Amazon Drive to provide this traffic dispersal; the PUD proposes no phasing of the development, which means that the street improvements will be in place prior to development of the lots, rather than on an incremental basis that would bring the 19-lot rule above into question. Final Order - Deerbrook PUD (PDT 12-1) December 17, 2012 Page 31 34