YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE Page 67 e. Individual lots, buildings and other structures are compatible with surrounding properties. f. Individual buildings have been designed to complement the natural features of the site. g. Conservation and sustainable design elements required by Section 441.D. are provided at a level and in a manner consistent with the intent and purpose of this Section and advance the County’s interests in promoting sustainable and environmentally compatible development. h. The Open Space and Sustainable Development Option advances the purpose of this Ordinance as stated in Section 441.A. above. 8. The Development Services Department may approve, approve with conditions or deny the application for the Open Space and Sustainable Development Option. If the Development Services Department denies the application, the denial shall be in writing and shall identify the deficiencies of the proposed plan in relation to the required findings identified in Section 441.H.7. 9. Notice of Decision: The Development Services Department shall mail a Notice of Decision within ten (10) working days of the decision date to each owner of property, as last disclosed by County real estate tax records, situated wholly or partially within one thousand feet (1,000’) of the subject property. 10. Appeals. The Planning and Zoning Commission shall hear and make recommendation on appeals of a decision to approve or deny the Open Space and Sustainable Development Option. Such appeal may be filed by the applicant or any notified property owner pursuant to Section 441.H.9 within thirty (30) calendar days of the Notice of Decision. In order to constitute a formal appeal and have the case heard by the Planning and Zoning Commission and decided by the Board of Supervisors, the applicant or twenty percent (20%) by number of the notified property owners pursuant to Section 441.H.9 must file an appeal within thirty (30) calendar days of the Notice of Decision. The request shall include the reasons for the appeal and be filed in writing. If a formal appeal is not filed within thirty (30) calendar days of the Notice of Decision, the decision of the Development Services Department shall be final. The Planning and Zoning Commission shall hear all evidence and testimony from staff, the applicant and the public in regard to the appeal. 11. Board of Supervisors: The Board of Supervisors shall provide final decision on all appeals. The Board shall hear all evidence and testimony from staff, the applicant and the public in regard to the appeal. The Board may uphold, modify or overturn the Commission recommendation. 12. Waivers: In order to ensure that the strict application of conservation and sustainable design requirements provided for under Section 440 and 441 do not unduly inhibit reasonable development, this Section provides waiver procedures in which staff, the Commission or the Board may grant relief. a. When an Open Space and Sustainable Development Option application proposes to deviate from the requirements in Section 441 of this Ordinance, the applicant shall provide the County staff with a written request with justification for such modification.