existing development have diminished, thus implying that impacts from proposed CHPUD <br />would have similar effect. The Hearings Officer alleged that "the ridgeline has been slightly <br />modified," and that "Over time the impacts have been mitigated" (DHO, p. 39). <br />Assignments of Error, Criteria 5: <br />Appeal Issue #17: The Hearings Official erred in allowing the final 125 feet of Capital Drive to <br />remain unimproved, causing unsafe conditions. <br />In allowing the exception to EC 9.6820 Cut-de-Sacs and Turnarounds on page 43 of the <br />CHPUD decision, this created a situation where the final portion of Capital Drive remains <br />unimproved. The Hearings Official states (p. 42): "EC 9.6815(2)69 requires that barriers be <br />installed at the end of a required improved street when it terminates at an existing street that <br />is not improved to City standards. The applicant has proposed to end the full width <br />improvements of Capital Drive approximately 125 feet south of the property's northern edge. <br />This will leave the remaining 125 feet in its current, unimproved condition. The installation <br />of a street end barricade will be required north of any Capital Drive access points, south of <br />Hendricks Park, during the PEPI process, consistent with this standard. " By installing a <br />barrier at the end of the improved portion of Capital Drive, two existing homes beyond the <br />proposed barrier will lose their access to the road. This creates a patently unsafe and unjust <br />situation. These existing residents will no longer have emergency access and will no longer <br />be able to access their homes by car. <br />2. In addition, by allowing the section of Capital Drive to remain unimproved, the Hearings <br />Official erred in determining compliance with EC 9.8320(5)(b), concerning the provision of <br />safe and adequate transportation systems. The Hearings Official stated (p. 46): "As explained <br />in the Staff Report, the proposed PUD includes major street improvements to Capital Drive <br />adjacent to Lot 20 and northward to Lot 2...The improvements to Capital Drive, and the <br />addition of Cupola Drive, will facilitate the safe and adequate vehicular, pedestrian and <br />bicycle transit circulation within the development, and will allow drivers to navigate through <br />the development in a continuous manner... " Improvements to Capital Drive do extend <br />northward to Lot 2, but this does not include safe and adequate transportation to Lot 1, nor <br />does it allow for emergency access to Lot 1. As well, the PUD does not provide safe and <br />adequate pedestrian access to Lots 1 and 2, since there is no sidewalk on Capital Drive that <br />extends to Lots 1, 2, 18 and 19. Pedestrian access cannot be safe unless they are separated <br />from the traffic lane. <br /> <br />Appeal Issue #18: <br />EC 9.8320(5)(b): The Hearings Official erred in finding that the CHPUD will provide safe and <br />adequate transportation systems for pedestrians ('/4 mile) and bikes (2 miles). <br />19 <br />