Attachment B <br />that, if there were a setback, it would collect weeds and trash because it would be an unused <br />portion of the site that serves no one. Staff understands that the design attempts to load most <br />of the development on the western portion of the site because the eastern portion is in the <br />floodplain and abuts a natural resource area. Staff's main concern is the potential impacts on <br />the adjacent lands to the west. <br />In addition to aesthetics (i.e. screening and softening of the bulk and scale of the development <br />along the property boundaries), the setback is intended to provide adequate separation <br />between structures to meet fire code regulations. The setback regulation is five feet from <br />property lines and ten feet between structures, which means that the abutting property would <br />need to setback future structures ten feet from the common property line. The applicant <br />proposes an eight-foot tall concrete wall along the west property line, not only to fulfill the <br />screening function of the setback, but to fire-rate the wall as well, to meet fire code <br />requirements. Staff notes that the appropriate fire rating cannot be determined at this time <br />because the abutting property owners are not proposing to build abutting structures; rating <br />depends on materials and the regulations change over time. Because the wall exceeds six feet, <br />it too is considered a structure subject to setback requirements. <br />Staff believes the final determination as to acceptability of the concrete wall must include the <br />participation of the affected property owners (Tax Lots 5700, 10100, and 5600). Even if the <br />setback modification is granted, EC 9.2751(7) requires the developer to obtain an easement <br />from the abutting property owners. Staff recommends the easement as a condition of PUD <br />approval, which will ultimately determine whether the wall is acceptable to the abutting <br />property owners. If the applicant is unable to obtain the off-site easements, then staff <br />recommends an alternative condition that the final PUD plans show the structures setback five <br />feet from the west property line. These conditions also apply to Building 6 and Tax Lot 500. The <br />recommended condition of approval is as follows: <br />■ Prior to final PUD approval, the applicant shall obtain from the property owners of Tax <br />Lots 500, 5600, 5700, and 10100, an easement abutting the proposed structures on the <br />subject property that are located less than five feet from the interior property lines (i.e. <br />the garages, carports, and wall along the west property line, and the portion of the wall <br />and Building 6 abutting the south property line). The easement shall establish a 10-foot <br />no-build zone, for fire code purposes, and, for at least the first five feet abutting the <br />common property line, rights for the development to access and maintain the backside <br />of their buildings. Alternatively, if the applicant is unable to obtain these off-site private <br />easements from the adjacent property owners, then the final PUD plans shall show all <br />structures setback at least five feet from the property lines. <br />Staff notes that a five-foot shift of the development plans to the east should not significantly <br />affect other site features, as there is sufficient area within the common areas and along the <br />east property line to accommodate the adjustment. With regard to the PUD purpose <br />statements, the overall development achieves those; in regards to these specific setback issues, <br />the PUD purpose statements are met, to the degree the proposed design is critical to the <br />Hearings Official Decision (PDT 13-1, WG 13-1) 45 <br />