"This preserved area provides a visual screen of the development for those who use the <br />Ribbon Trail for recreation purposes and a significant wildlife habitat and corridor, helping to <br />ensure a more harmonious environment.... <br />"Neighbors also argue that the residential development is somehow incompatible or <br />inharmonious with the adjacent public park and trail. However, as is evident in the existing <br />neighborhood, residential uses are generally compatible and harmonious with natural, <br />preserved vegetated areas. When, as in this instance, the low-density residential use retains a <br />significant vegetative' buffer between the residences and adjacent public spaces, that <br />compatibility and harmony is enhanced" (DHO, 78). - <br />The Hearings Officer makes an erroneous decision to approve Criterion 12. <br />Appeal Issue #30: The Hearings Official postponed determining whether several approval <br />criteria had been met until a future process, and that process lacks public notice or a public <br />hearing. These are listed in order below. <br />1. Criterion 2 <br />a. Page 30, Condition 1: The final PUD plans shall note that each single-family <br />structure within the PUD shall provide for a minimum of two off-street parking <br />spaces. <br />2. Criterion 3 <br />a. Page 31: The PUD will provide adequate screening from surrounding properties <br />including, but not limited to, anticipated building locations, bulk and height: At <br />the time residential dwellings are proposed for any of the approved lots, they must <br />be evaluated for compliance with the R-1 zone development standards, and the <br />bulk and height must be consistent with those development standards. To the <br />extent the developer requests any deviations or modifications to those standards, <br />those requests would be subject to the city's review process. Thus, compliance <br />with this criterion does not rely on any specifications that may be included in <br />future CC&R's. <br />3. Criterion 4 <br />a. Page 37, Tree Preservation, Condition 2: On the final plans, replace "Notes" #2 <br />on sheet L3.0 with the following: Protective fencing for trees identified to be <br />preserved shall be installed under the direction of a certified arborist and <br />inspected and approved by the City prior to beginning any construction related <br />activities All protective tree fencing shall remain in place until completion of all <br />construction activities; any relocation or removal of the protective fencing shall <br />also occur under the direction of a certified arborist, with approval by the City. <br />b. Page 37, Tree Preservation, Condition 3: On the final plans, replace "Notes" #8 <br />on sheet L3.0 with the following: In the event a preservation tree must be <br />removed, justification of the removal must be documented by a certified arborist. <br />Documentation must be provided to the City for review prior to tree removal <br />35 <br />