File Memorandum: References to Tree Felling and Preservation in Rest-Haven CUP (CU 95-2) <br />August 28, 2002 <br />Page 6 of 17 <br />d. Consistency With the Metropolitan Area General Plan: EC 9.702(dl <br />In evaluating this criterion, the Hearings Official looked at several policies contained in <br />the Metro Plan. For one policy he explained: <br />"There is language in the Metro Plan concerning forest vegetation within <br />the Parks and Open Sapce designation. That language generally values open <br />space more highly than commercial forest uses, I do not find that language to be <br />particularly applicable to the issue at hand." Rec. 187. <br />For Policy 2, which addresses natural vegetation and the protection of natural water <br />features and drainage ways, the Hearings Official explained: <br />"There are drainageways in the southern portion of the site that are <br />proposed for protection and retention. Their preservation and their relationship to <br />the buffer zone in that area can only be determined with more specific <br />information. Similarly, an inventory of the trees on the southern portion of the <br />site will allow a better evaluation of those to be retained and the effectiveness of <br />all vegetation to be retained in providing a buffering to the properties to the <br />south." Rec. 187. <br />Here the Hearings Official is discussing the portion of the property that lies to the south <br />of the proposed roads, where the CUP did not authorize any development. Again, the Hearings <br />Official expressly noted when there was insufficient information in the proposal to properly <br />evaluate the applicable criteria, and in this instance, explained what would likely be necessary <br />for future development to be approved. <br />3. Conditions of Approval <br />The Hearings Official granted the Conditional Use Permit subject to the satisfaction of <br />several conditions of approval. The conditions of approval were generally divided into those <br />that were to be met rip or to completion of the CUP agreement and those to be met following the <br />CUP Agreement. Those conditions require to be met prior to the Agreement were met, as is <br />indicated in the CUP Agreement. The conditions of approval relevant to the issues here are <br />addressed below. <br />a. Condition 4: Time Frames <br />Conditions 4(d) through (g) addressed tree removal issues, and provided: <br />"4. The applicant shall provide specific plans and time frames for each of the <br />following development activities. These time frames shall be as specific <br />as possible, and at least in 5 year increments. <br />