The above statements are incorrect. The Response Committee has reviewed plans proposed in <br />2008 and 2014 by the applicant. In 2013 (and in a Register Guard article on 2/6/14), the <br />Applicant proposed to develop 20 large lots (instead of the current 34), which would have <br />preserved more vegetation at the highest elevations, lessened impact on the Ribbon Trail, and <br />reduced safety and traffic concerns. On 2/16/14 the Applicant used a Neighborhood/Applicant <br />meeting to announce that there would be 21 lots. A Register Guard article on 9/11/14 <br />"Annexation Sought for Homes" proposed 20 lots. At the Neighborhood/Applicant Meeting on <br />5/6/15, the Applicant discussed a plan with 30 lots. <br />The point here is that all previous plans proposed by the Applicant did a better job of meeting the <br />public interest. Here the code states "In areas of significant conflict (e.g., locating development <br />in a 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 use of an alternative <br />development plan, primacy shall be given to the public interest in any determinations." The <br />Hearings Official is giving primacy to the plan that poses more of a threat to the public interest. <br />Assignments of Error, Criterion 3 <br />Appeal Issue #9: <br />EC 9.8320(3): The PUD will provide adequate screening from surrounding properties including, <br />but not limited to, anticipated building locations, bulk, and height. <br />The Hearings Official made multiple errors in regard to compliance with Criterion 3. <br />Specifically, in order of the errors, the Response Committee notes the following: <br />The Hearings Official erred on Page 31 in the initial paragraph of her Decision when she stated <br />(p.31) "The proposed site plan provides, for significant continuous preservation areas along the <br />eastern boundary, adjacent to the Ribbon Trail... " The preservation area along the eastern <br />boundary of the property is bordered by a 6 foot fence along the entire length of the eastern <br />property line. Neither the Applicant nor the Hearings Official acknowledge anywhere in their <br />narratives that this fence is proposed for construction, even though the Response Committee <br />raised the issue of this proposed fence at the 3/7/18 Public Hearing and on pp. 133-137 [Criterion <br />9.8320(10)] in the Committee's 3/7/18 written response. This 1870 foot (approx.) linear fence <br />(proposed running the full length of the eastern property boundary and perhaps along the entire <br />northern boundary of the project adjacent to Hendricks Park and a portion of the southern <br />boundary) directly counters the Hearings Official's statement (p. 18) that a beneficial <br />characteristic of the eastern lots is that they "act as an uninterrupted natural wildlife corridor." <br />The Hearings Official again uses similar erroneous language at the bottom of Page 18 <br />("continuous buffer"), on Page 31 ("continuous preservation area"), and on page 78 <br />("continuous wildlife habitat and corridor'). <br />The Hearings Official erred on Page 31 of her Decision when, in discussing screening, she stated <br />that "The site is currently mostly obscured from view and difficult to observe from flatter <br />11 <br />