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Hearings Officer Packet - 07/13/1998CITY OF TIGARD Community Development Skaping A Better Community CITY OF TIGARD HEARINGS OFFICER JULY 13,1998 - 7:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 WILDFLOWER PROPERTIES TOWNHOMES Conditional Use Permit (CUP) 98-0002 Minor Land Partition (MLP) 98-0007 Variance (VAR) 98-0005 & 98-0006 LOCATION: 9510 SW McDonald Street; WCTM 25111 BA, Tax Lot 00103. PROPOSAL: The applicant has requested the following development applications to allow the development of two (2) townhomes on two (2) lots: 1. Conditional Use Permit to develop attached residences; 2. Minor Land Partition to split the existing 27,495 square foot property into two (2) parcels of 5,603 and 5,605 square feet and an additional tract for existing wetland areas; and 3. Variances have been requested to the 7,500 square foot lot minimum standard and to the 15-foot rear yard setbacks. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 4.5 Dwelling Units Per Acre. ZONING DESIGNATION: R-4.5; Residential, 4.5 Units Per Acre; R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.32, 18.50, 18.85, 18.96, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. 3. OTHER BUSINESS 4. ADJOURNMENT CITY OF TIGARD HEARING's OFFICER PAGE 2 OF 2 7/13/98 PUBLIC HEARING AGENDA 0 • CITY OF TIGARD HEARING'S OFFICER JULY 13,1998 - 7:00 P.M. TOWN HALL TIGARD CITY HALL, 13125 SW HALL BOULEVARD TIGARD, OR 97223 0.40' cAngone wishing to speak on an agenda item should sign on the appropriate sign-in sheet(s). PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon, on the Monday prior to the meeting. Please call (503) 639-4171, Ext. 320 (voice) or (503) 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: ? Qualified sign language interpreters for persons with speech or hearing impairments; and ? Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above if you are requesting such services. (OVER FOR HEARING AGENDA ITEM(S) CITY OF TIGARD HEARINGS OFFICER PAGE 1 OF 2 7/13/98 PUBLIC HEARING AGENDA AGENDA ITEM N0. 2.1 (PAGE__*F/---) 0 DATE: JULY 13,1998 PLEASE PRINT YOUR NAME AND ADDRESS AND INCLUDE YOUR ZIP CODE Proponent - (Speaking In Favor) Opponent - (Speaking Against) Name, Address and Pho e N Name, Address and Phone No. 7 ?5 `?? , q -1 S M OX Nam , Address and Phon No. Tf G, pgA7 , p Name, Address and Phone No. ?C" 5y®-- aVjL I C- te c4 Wt1DrCOU)C ? _ ('-l u.O . rr,?AC(frpv-& e, Address and Phone No. Nam Z-//V/O# /?f Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON, OREGON 97075 Legal Notice Advertising ' • ? Tearsheet Notice City of Tigard 13125 SW Hall Blvd. Tigard,Oregon 97223 ' ? Duplicate Affidavit • Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss' h Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTigard-Tra l at-in--Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the Public Hearina-Wilrl Flnwmr Prn„nr?;e? a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: July 2,1998 Subscribed and sworn to before me this 2nd dAV of T„ 13Zj'1998 Legal Notice TT 9173 The following will be considered by the Tigard Hearings Officer on Monday, July 13, 1998, at 7• P.M., at Tigard Civic Center - Town Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Both public, oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the Hearings Officer. Failure to raise an issue in person or by letter accompanied by statements or evidence suffi- cient to allow the hearings authority and all parties to respond precludes an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division at 13125 SW Hall Boulevard, Tigard, Oregon 97223, or by calling (503) 639-4171. PUBLIC HEARING: CONDITIONAL USE PERMIT (CUP) 98.0002/MINOR LAND PARTITION (MLP) 98-0007/VARIANCES (VAR) 98.0005 & 6 > WILDFLOWER PROPERTIES TOWNHOMES < The applicant has requested approval of the following development ap- plications to allow the development of two (2) townhomes on two (2) lots: 1. Conditional Use Permit to develop attached residences; 2. Minor Land Partition to split the existing 27,495 square foot property into two (2) par- cels of 5,603 and 5,605 square feet and an additional tract for existing wetland areas; and 3. Variances have been requested to the 7,500 square foot lot minimum standard and to reduce the 15-foot rear yard setback by seven (7)1/3 feet. LOCATION: 9510 SW McDonald Street; WCTM 2SI I IBA, Tax Lot 00103. ZONE: R-4.5; Single-Family Residential, 4.5 Units Per Acre. The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.32, 18.50, 18.96, 18.100, 18.102, 18.106, 18.108, 18.120, 18.1 ;J, 18.150, 18.162 and 18.164. Not Public for Oregon NOTARY PUBLIC-OREGON My Commission Expires: COMMIGGION NO. 062071 My 99MMISSION EXPIAlig MAY 16, 2001 AFFIDAVIT 0 TI'9173 - Publish July 2, 1998. AW PUBLIC HEARING NOTICE CITY OF TIGARD Community Development Shaping A Better Community NOTICE IS HEREBY GIVEN THAT THE TIGARD BEARINGS OFFICER, AT A MEETING ON MONDAY, JULY 13,1998 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO: CONDITIONAL USE PERMIT [CUP] 98-0002 MINOR LAND PARTITION IMLPI 98-0007 VARIANCE[S] [VAR] 98-0005 a 6 FILE TITLE: WILDFLOWER PROPERTIES TOWNNOMES APPLICANT(S): Wildflower Properties, Inc. OWNER(S): City of Tigard 15491 SW Peachtree Drive 13125 SW Hall Boulevard Tigard, OR 97224 Tigard, OR 97223 REQUEST: The applicant has requested approval of the following development applications to allow the development of two (2) townhomes on two (2) lots: 1. Conditional Use Permit to develop attached residences; 2. Minor Land Partition to split the existing 27,495 square foot property into two (2) parcels of 5,603 and 5,605 square feet and an additional tract for existing wetland areas; and 3. Variances have been requested to the 7,500 square foot lot minimum standard and to reduce the 15-foot rear yard setback to seven (7)%1 feet. LOCATION: 9510 SW McDonald Street; WCTM 2S111 BA, Tax Lot 00103. ZONE: R-4.5; Single-Family Residential, 4.5 Units Per Acre. The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.32, 18.50, 18.96, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. CUP 98-0002/MLP 98.0007NAR 98-0005 & 6 WILDFLOWER PROPERTIES TOWNHOMES NOTICE OF 7/13/98 HEARINGS OFFICER PUBLIC HEARING ANYONE WISHING TO PRESENT W&TEN TESTIMONY ON THIS PROPOSIACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEAFW ORAL TESTIMONY MAY BE PRES ED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER JUNE 22, 1998, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER- INFORMATION PLEASE CONTACT THE STAFF PLANNER MARK ROBERTS, ASSOCIATE PLANNER AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. N CUP 98.0002/MLP 98-0007NAR 98-0005 & 6 WILDFLOWER PROPERTIES TOWNHOMES NOTICE OF 7/13/98 HEARINGS OFFICER PUBLIC HEARING 0 • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Wildflower Properties for approval) FINAL O R D E R approval of a preliminary plan to divide 0.63 acres into 2 lots, ) MLP 98-0007 a conditional use permit for an attached dwelling, and variances ) CUP 98-0002 to lot size and rear yard setback standards for land at ) VAR 98-0005 & -0006 9510 SW McDonald Street in the City of Tigard, Oregon ) (Wildflower) 1. SUMMARY A. This final order concerns an application by Wildflower Properties, Inc. (the "applicant") to partition property located on the west side of McDonald Street between 93rd and 97th Avenues (9510 SW McDonald Street, the "site"). The applicant proposes to divide the 0.63-acre site into 2 lots and a tract. The proposed tract contains roughly 16,287 square feet, including 11,282 square feet of wetlands. The proposed lots comply with dimensional requirements of the R-4.5 zone except the minimum lot size standard. 1. The minimum lot size in the zone is 7500 square feet. The applicant proposes to create two lots each containing about 5600 square feet; therefore the applicant requests a variance to the minimum lot size standard. 2. The site is not developed with structures. The applicant proposes to build attached single-family dwellings on the site. The two dwellings will share a common side wall and a common driveway and vehicle maneuvering area. The applicant requests approval of a conditional use permit for the attached dwellings as required by the Tigard Community Development Code ("CDC"). 3. The proposed dwellings will be situated about 7.5 feet from the rear lot line of the proposed lots. The CDC requires a minimum rear yard setback of 20 feet. Therefore the applicant requests a variance to that standard. 4. The applicant will extend public sewer and water to each lot. The applicant will construct a sidewalk and will plant street trees along the site's McDonald Street frontage. . 5. The applicant proposes to collect storm water runoff from roofs and to direct it to the wetland on the site. The applicant will direct water from the proposed common driveway to the drainage facilities in the McDonald Street right of way. B. At the public hearing in this matter, City staff recommended approval, subject to conditions. See the Staff Report dated July 6, 1998 (the Staff Report). The applicant accepted the staff recommendations without exceptions. Three neighbors testified orally; one in support and two with objections or concerns. The hearings officer closed the record at the conclusion of the hearing. The principal issues in this case include the following: 1. Whether the proposed development will adversely affect drainage; and 2. Whether attached dwellings should be permitted on the site, particularly given the steep slope and wetlands on portions of the site and its relationship to McDonald Street. E. For the reasons provided and referenced in this final order, the hearings officer approves the preliminary plan for the partition, the conditional use permit for the attached dwellings, and the variances to minimum lot size and minimum rear yard setback, subject to the conditions recommended by City staff with certain changes described more herein. II. HEARING AND RECORD A. Tigard Hearings Officer Lang Epstein (the hearings officer) held a duly noticed public hearing on July 13, 1998 to receive and consider public testimony in this matter. The record closed at the conclusion of the hearing. The record includes a witness list, materials in the casefile as of the close of the hearing, and an audio record of the hearing. At the beginning of the hearing, the hearings officer announced the rights of persons with an interest in the matter, including the right to request that the hearings officer continue the hearing or hold open the public record, the duty of those persons to testify and to raise all issues to preserve appeal rights and the manner in which the hearing will be conducted. The hearings officer also disclaimed any ex parte contacts, bias or conflicts of interest. B. The following testimony was offered at the hearing in relevant part. 1. City planner Mark Roberts summarized the applicable approval standards, the Staff Report and the proposed development. He highlighted the reasons for the variances. 2. Ron Bohart testified for the applicant. He described the proposed development, explained why the variances are needed, and accepted the Staff Report without exceptions or corrections. 3. A neighbor to the south, Irene Mawhirtir, testified in favor of the application. 4. Linda Parker, a neighbor to the west, testified with concerns about drainage and whether proposed fencing or additional storm water could impede downstream flows or cause water to back-up onto the site and adjoining properties. In response, Mr. Roberts testified that the roof water can be discharged to the wetland and that the applicant will pay a fee in lieu of on-site water quality treatment, because of the relatively small size of the site. He testified the applicant could ask the city to accept a donation of the open space tract, but the city cannot require the dedication, also because of the relatively small size of the site. Also in response, Mr. Bohart testified about his drainage plans and a 6-foot high fence he will install around the tract, noting that USA rules require him to install the fence. 5. Reid Myers, a neighbor to the west, testified against the application. He argued the site is not large enough to accommodate two dwellings, due to the impact of the steep slope along McDonald Street and the sensitive wetlands on the west part of the site. He raised concerns about the safety of access from the site to McDonald Street, noting that cars parked along the street obstruct views. III. DISCUSSION A. City staff recommended approval of the application based on findings and conclusions and subject to conditions of approval recommended in the Staff Report. The applicant accepted those conditions without exceptions. The hearings officer agrees generally with those findings, conclusions and conditions, and adopts the affirmative findings in the Staff Report as support for this Final Order except as expressly provided to the contrary in this Final Order. B. There is a dispute about whether the proposed development will adversely affect drainage. This issue is relevant to the conditional use permit (CDC section 18.130.040) and to the partition (CDC section 18.162.040 and 18,164.100). The hearings officer finds that the proposed drainage measures can comply with the applicable standards as follows: Hearings Officer Final Order MLP 98-00071CUP 98-00021VAR 98-0005 and -0006 (Wildflower) Page 2 • • 1. The characteristics of the site, particularly its size, topography and hydrology, are suitable for the proposed use and associated drainage, because the wetland and a buffer around the wetland will be preserved in a largely undeveloped condition, and will continue to provide for storm water detention, enhancement and transport. The topography of the site is such that water from roof drains can be directed by gravity to the wetland. Drainage from the driveways can be directed by gravity to the public storm facilities along McDonald Street. Fencing around the wetland will reduce the chance that activities by people or domestic animals in the wetland area may disrupt its proper functioning. 2. Erosion could adversely affect storm water drainage by impeding or diverting the flow of water or by clogging drains, inlets or pipelines. The hearings officer finds that such effects can be prevented in the long-term by revegetating areas of the site that are disturbed by development. Revegetation of disturbed areas should be required. Such effects can be prevented during construction by employing soil stabilization and erosion control measures required by USA. Condition of approval 10 addresses the fee in lieu of on-site water quality treatment, but does not explicitly reference USA erosion control requirements or revegetation. The condition should be amended to do so. 3. The applicant may offer to dedicate the wetland and buffer tract to the City, and the City may or may not accept that offer. If the City does not accept such an offer, the applicant should be required to provide for the common ownership and maintenance of the tract. A condition of approval should be added to this effect to help ensure the carrying capacity and function of the wetland is preserved and maintained. C. There is a dispute about whether attached dwellings should be permitted in the site. The issue is relevant to the conditional use permit (CDC section 18.130.040). The hearings officer finds the applicant made a prima facie showing that the conditional use permit complies with the applicable standards, based on the findings in the Staff Report. Although there was testimony to the contrary by Mr. Reid, he did not introduce substantial evidence to support his opinions. 1. Two homes will have more impact than would one home, but that is not reason enough to deny the conditional use application. Because the homes will be situated on the site in a manner that protects the wetland and wetland buffer and allows a single common access to McDonald Street, it addresses natural features and access consistent with CDC 18.130.040. The same area of the site is likely to be affected by development whether the site is developed for one home or two. There is no evidence that conditions along McDonald Street are hazardous. Two homes will have an incrementally small impact on street traffic. The applicant proposes a common drive to minimize the potential for safety hazards due to multiple turning movements or traffic backing out into McDonald Street. 2. The variance applications also are not enough to show the site is unsuitable for the proposed use. Rather they show the structures will be sited thoughtfully to protect natural resources and to reduce the potential for adverse land use or traffic effects. The variances comply with applicable standards (CDC section 18.134.050), including a standard that prohibits variances from being materially detrimental, based on the findings in the Staff Report. 3. More development (i.e., two homes instead of one) is not inherently adverse provided it can be accommodated on the site. In this case the hearings officer finds it can. In fact it is more consistent with the underlying zoning to allow two homes than to allow only one home, because it better fulfills the need recognized in the City Comprehensive Plan and in the CDC for more in-fill housing in the city. Although Mr. Reid argued the attached homes will be occupied by renters, and renters do not care about the community, Hearings Officer Final Order MLP 98-00071CUP 98-00021VAR 98-0005 and -0006 (Wildflower) Page 3 there is no evidence to support his opinions. By creating a separate lot for each home, the proposal facilitates home ownership. But whether the homes are owner occupied or not is irrelevant to any applicable city standard. The hearings officer cannot assume the form of the development will lead to adverse behavior by residents of the homes. Such an assumption would be unsupported, arbitrary and capricious and would deny equal protection of the law to the people who might benefit from additional housing opportunity. IV. CONCLUSION The hearings officer concludes that the partition, conditional use and variance applications do or can comply with the relevant standards and criteria of the Tigard Community Development Code (CDC) as provided in this Final Order, provided the application is subject to conditions of approval that ensure the final subdivision plat and subsequent development will comply with applicable CDC standards and criteria. Therefore those applications should be approved subject to such conditions. V. DECISION Based on the fmdings and conclusions provided or referenced in this Final Order, the hearings officer hereby approves MLP 98-0007, CUP 98-0002 and VAR 98-0005 and 98- 0006) subject to the conditions of approval in the Staff Report with the following changes: A. Condition of approval 6.1) is hereby added to read as follows: D. If the applicant does not offer or the City does not accept an offer to dedicate the wetland and buffer tract or a maintenance easement over that tract, the applicant shall submit to the City for review and approval articles of incorporation and bylaws of a homeowners association which shall provide that the homeowners association shall own and continuously maintain the wetland and buffer tract in good condition; that association members and other members of the general public shall not enter into or remove healthy vegetation from the tract except as needed for maintenance purposes; and that the association members shall maintain the flow of the water through the tract or shall cooperate with USA or the City of Tigard for that purpose. B. Condition of approval 10 is hereby amended to read as follows: 10. Prior to undertaking any development on the site or the issuance of grading permits for either parcel, the applicant shall submit an erosion control plan to and receive approval of an appropriate plan from the USA. Such plan shall provide for timely soil stabilization of any area from which vegetation is removed and shall result in timely revegetation of all disturbed areas that are not developed with structures or impervious surfaces. Prior to issuance of building permits for either parcel, the applicant shall pay the standard water quality fee per lot (fee amount will be the latest approved by USA). I}ATEI? this 22nd July, 1998. Larry E WWi City of H ngs Officer Hearings Oricer Final Order MLP 98-00071CUP 98-00021VAR 98-0005 and -0006 (Wildflower) Page 4 0 • "EXHIBIT A" -- PARTIES OF RECORD (Written Public Testimony received at the hearing) NONE RECEIVED • • "EXHIBIT B" -- TAPED PROCEEDINGS (Verbal recording of hearing including public, staff and Hearings Officer communications.) NOTE: Tapes are located in the Records Vault, Planning Section. J • • "EXHIBIT C" -- WRITTEN TESTIMONY (Applicant's materials and pertinent correspondence filed with Hearings Officer prior to Public Hearing.)