South Hills Study is the applicable refinement plan, which refines the density to a maximum of 5 <br />units per gross acre for the subject area. The applicant's proposal for 75 lots for single-family <br />development on 26.22 acres of land would result in a density of 2.86 units per acre, which is <br />well within the parameters of the above approval criterion. <br />The applicant's "Alternative Site Plan" shows 47 lots on 23.37 acres, which is slightly more than <br />2 units per acre. <br />Both the originally proposed and the alternative site plans comply with EC 9.8325(2). <br />EC 9.8325131: The PUD provides a buffer area between the proposed development and <br />surrounding properties by providing at least a 30 foot wide landscape area along the <br />perimeter of the PUD according to EC 9.6210(7). <br />The applicant's plans show the required 30-foot wide buffer around the perimeter of the <br />property. The applicable landscape standard at EC 9.6210(7)(a)(5) Massed Landscape Standard <br />L-7 requires 70 percent of the 30-foot perimeter buffer to be covered by living plant material. <br />The applicant asserts that this standard is met by existing vegetation along the perimeter of the <br />subject property. The hearings official concurs that the applicant may rely on existing <br />landscaping provided that the existing landscaping meets the requirements of EC <br />9.6710(7)(a)(1) through (5). To ensure that the existing vegetation (and any added landscaping) <br />meets the 70 percent rule noted above, staff recommended the following condition of <br />approval: <br />The final PUD plans shall note the following: "At least 70 percent of the 30-foot <br />perimeter buffer shall be covered by living plant material in accordance with EC <br />9.6210(7)(a)(5)." <br />This recommended condition addresses only one of the five criteria. The hearings official will <br />modify this condition of approval to be clear that the buffer must meet all of the requirements <br />of EC 9.6710(7)(a)(1) through (5): <br />The final PUD plans shall note the following: "The 30-foot perimeter buffer shall comply <br />with EC 9.6210(7)(a)(1) through (5). The applicant may use existing vegetation to meet <br />these requirements. The applicant shall show on its landscaping plan existing <br />vegetation that it intends to reply on to comply with these requirements and proposed <br />new landscaping that it intends to add to comply with these requirements." <br />Mr. Williamson and Southeast Neighbors both argue that EC 9.6710(7) does not permit a fence <br />along the perimeter of the subject property. Essentially, they argue that this criterion required <br />a buffer area between the proposed development and surrounding properties, and that a <br />perimeter fence, which is not one of the required materials listed in EC 9.6710(7)(a), would by <br />its very nature, not allow the buffer zone to exist between the development and surrounding <br />properties because the fence would exist between the buffer area and the surrounding <br />Hearing Official Decision (PDT 10-2, CU 11-1) 10 <br />