Applicant must provide this information for approval. The Applicant needs to outline the effect <br />of construction on the natural features, and the Hearings Official fails to stipulate that such <br />details be made a condition of approval. <br />The Hearings Official states (p. 34) that "the areas included in the Tract A common open space <br />and within individual lot preservation areas comprise the majority of significant trees, <br />vegetation, and other natural features that are suitable for preservation; while also <br />accommodating street extensions, utilities, and other infrastructure in a compact manner to <br />serve a reasonable level of low-density residential development. " On the contrary, the PUD does <br />not preserve the most significant trees that are suitable for preservation. Of the largest trees <br />above 901', important to slope stability and the prevention of soil erosion and windthrow in <br />adjacent Hendricks Park, only two are preserved. <br />Appeal Issue #12: The Hearings Official erred by stating (p. 35) that the evidence suggests there <br />is minimal threat of windthrow threatening trees on-site and within adjacent Hendricks Park. <br />The Hearings Official states (p. 34-35): "While Mr. Mehrwein and surrounding neighbors would <br />conclude that the applicant could do more to preserve trees and further reduce (or eliminate) the <br />potential for windthrow, the applicant's plan to remove trees necessary for the proposed <br />development demonstrates that is has satisfied its obligation to avoid unnecessary disruption or <br />removal of those trees " and quotes the comments of Kyle King during the first open record <br />period that "Prevailing winds are typically out of the west to southwest and will be deflected <br />over and above the preservation area. The remaining trees will be well protected on the north, <br />south and east * * " <br />The windthrow concerns raised by Mr. Mehrwein regard the trees on the ridgeline, and not, as <br />the Hearings Official indicates, the trees in the preservation area. In other words, as trees are cut <br />down above 901', surrounding trees on the site and in the adjacent park on the ridgeline will <br />become vulnerable to windthrow. Given the significant concerns raised by Mr. Mehrwein and <br />the inadequate analysis provided by the Hearings Official above, it is false to conclude that the <br />Applicant has "satisfied its obligation to avoid unnecessary disruption or removal of those trees" <br />because the Hearings Official cited incorrect evidence to support her finding and because she <br />fails to apply the danger of windthrow to the trees on the ridgeline. The Hearings Official fails in <br />this regard to enforce (4)(b)(5), (6), (7),.and (8). Because the Applicant's plan allows for a <br />clearcut along the ridgeline above 901', trees "along the perimeter of the lots and within setback <br />areas" (5), "trees and stands of trees located along ridgeline and within corridors" (6), "Trees <br />with significant habitat value" (large trees important to protecting the forest against windthrow) <br />(7), and "Trees adjacent to public parks, open space and streets" are all under threat of <br />destruction. <br />Appeal Issue #13: The Hearings Official has made errors regarding Condition 8 (DHO, p. 2 and <br />pp. 38-39) in approving that "the applicant's Tree Preservation Plan complies" with Criterion <br />E9.8320 (4)(b). This Condition would not satisfactorily protect the proposed preservation and <br />15 <br />