Hearings Official Decision - Laserfiche WebLink

Following the introductory explanation, Associate Planner Nicholas Gioello and Senior Planner Gabe Flock presented the planning staff's summary of the application. Following the staff presentation, the applicant's representative, Carol Schirmer, and the applicant's attorney, Bill Kloss, presented testimony on behalf of the applicants. Two individuals presented oral testimony in favor of the application. Four individuals then presented `neutral' testimony that was neither in support of or in opposition to the application.' Following the Joint Response Committee (Response Committee) consolidated testimony, which included evidence and testimony from five representatives of that committee. Because of the volume of evidence and testimony committee members wished to present, the hearings official granted the Response Committee additional time beyond the allowed 30-minutes. Following the Response Committee presentation, 22 individuals testified in opposition to the proposed PUD.3 An additional `neutral' comment was then also permitted. The applicant then presented rebuttal testimony. At the close of the public testimony, the record was left open for a period of 14 days, until 5:00 pm on March 21, 2018, for additional testimony and evidence; until 5:00 pm March 30, 2018 for evidence and testimony responding to the additional testimony and evidence submitted during the initial open record period; and until 5:00 pm April 6, 2018 for the applicant's rebuttal argument related to the new testimony and evidence. B. Site Characteristics The subject property includes 13.63 acres located at the end of Capital Hill Drive, in both the Laurel Hill Valley and Fairmount neighborhoods. The surrounding residential neighborhoods are developed with primarily single-family homes, primarily to the west and south, many located on steep slopes. Hendricks Park, an 80+ acre public park abuts the subject property to the northeast. The publicly-owned Ribbon Trail abuts the property to the east. Portions of the subject property are steeply sloped, with slopes exceeding 40% of the eastern portion of the property abutting the Ribbon Trail. The site currently consists of five tax lots, which are developed with six residential units (three single family dwellings and one three-unit dwelling.) The site characteristics are more fully described below within the context of the applicable approval criteria. C. Description of Request The applicant requests approval for a tentative residential Planned Unit Development (PUD). The applicant requests review of the proposed development based on the city's general approval criteria (EC 9.8320 et seq) rather than the needed housing approval criteria (EC 9.8325). The proposed PUD includes the existing five tax lots, three of which are developed with existing z The hearing official notes that one of the individuals who stated she was presenting neutral testimony was actually presenting a single issue on which she considered her position neutral, and also later testified in opposition to the proposed PUD itself. 3 The names of the individuals who presented oral testimony and who presented written testimony, before, during or after the public hearing are on file in the City's planning records for this application. Hearings Official Decision (PDT 17-1)