3. The Hearings Official states (p. 24): "With the additional protections provided through <br />private preservation areas on the eastern lots, common open space (Tract A), and the <br />clustering of the proposed homesites, the applicant has demonstrated that the proposed <br />development will blend with, rather than dominate, the natural characteristics of the <br />area. In combination with configuration of the proposed development and the clustered <br />open space, the applicable residential development standards for the R-1 zone will <br />ensure general compatibility with the surrounding residential area and consistency with <br />the policy language above. " EC 9.9630(3)(e) concerns the effect of the PUD on the <br />"natural characteristics" of the South Hills area and does not concern compatibility with <br />the residential area at lower elevations. With approximately 1100 sq ft and two large trees <br />preserved above 901', it is impossible to claim that a denuded and clear cut ridgeline will <br />blend in with the natural characteristics of the south hills area. <br />The Hearings Official (p. 24) states that the response committee's argument with regard to <br />building heights on steep slopes being permitted to reach as high as 47 feet "misconstrues the <br />height limitation" code. As she then admits, the current code allows building heights up to 47 <br />feet based on slope and roof pitch. This is the measurement that matters, because hikers on the <br />Ribbon Trail will be looking up at the 47-foot side of the building, not one that blends with <br />rather than dominates the natural characteristics of the south hills area. <br />Therefore, the Hearings Official in incorrect in stating that the Applicant has provided adequate <br />review of the bulk and height of potential construction in the proposed Capital Hill PUD. <br />EC 9.9630(3)(g): That planned unit development review shall be based upon a recognition of <br />both public and private interest. In areas of significant conflict (e.g., locating development in a <br />highly visible area as opposed to a less visible area or in an area of significant vegetation as <br />opposed to a relatively open area) which could be resolved through the use of an alternative <br />development plan, primacy shall be given to the public interest in any determinations. <br />Appeal Issue #8: The Hearings Official erred in determining compliance with this standard, <br />failing to evaluate evidence in the record contradicting this finding. <br />She states (p. 27): "This South Hills Study development standard does not require (or permit) the <br />"public interest" in preservation of the undeveloped private property within its boundaries to <br />disregard the private property owner's interests. As the Response Committee recognizes, as it is <br />worded, this standard requires that in the areas where there is a significant conflict, and where <br />an alternative plan that would resolve those conflicts is available, the public interest - i. e., the <br />alternative plan that would resolve the conflict by reducing the impact - shall be given primacy. <br />The proposed site plan furthers this standard. The proposed site plan has considered alternatives <br />and locates residential development the less visible area as opposed to the highly visible areas, <br />and in areas of relatively open space rather than in areas of significant vegetation. It also <br />clusters both the open space and the residential development in a way that minimizes the impacts <br />of development and maximizes the preservation of site's vegetative cover. " <br />10 <br />