appealed under this assignment of error. <br />The PC finds, however, that the allowance for a substandard setback along the north property line <br />should be modified in order to ensure the development will be reasonably compatible and harmonious <br />with adjacent and nearby land uses. The PC also finds that additional screening is necessary between <br />the development and surrounding properties. To address these concerns, the PC modifies the HO's <br />approval to add the following condition: <br />The final PUD plans shall show a building setback of 5 feet from the front property line along <br />the newly dedicated right-of-way boundary for Oakleigh Lane. A 10 foot setback shall be shown <br />along the remainder of the north property line, along the newly dedicated right-of-way for a <br />bike/pedestrian path. (See related Condition #3.) <br />The PC finds that the applicant's proposed landscape plan (Sheet L2 of Exhibit PH-69) cannot be <br />accomplished with the required right-of-way dedication, as there is no future guarantee that it would <br />not be removed upon future street improvements. The HO did not specifically address this conflict in <br />finding that the screening along the north property line would be sufficient to meet the approval <br />criteria. Further, the right-of-way dedications along the north line result in the abutting buildings being <br />too close to the future street, hammerhead, and access way improvements. For compatibility and <br />safety purposes, the PC finds that adequate screening should be provided within the expanded setback <br />areas along the north property line, therefore ensuring the continued existence of the required <br />screening regardless of the timing for future street improvements. <br />With the additional setbacks afforded by the added condition of approval above, PC finds that <br />adequate landscape screening can be accomplished with some relatively minor, additional changes to <br />the applicant's site plans. Specifically, the applicant's proposal for screening vegetation and trees <br />along the western portion of the north property line is acceptable if moved south, outside of the <br />dedicated right-of-way, essentially implementing a modified version of the City's standard L-2 <br />landscaping requirements at EC 9.6210(2). The applicant's proposal for 4 trees in this area, including <br />one on either side of the entrance, with a low screen (hedge) to mitigate the impact of traffic and <br />headlights and create separation between the building and right-of-way, will provide adequate <br />screening and therefore ensure compatibility if implemented on the development site within the <br />expanded 5-foot setback along the newly dedicated right-of-way for Oakleigh Lane. In addition, the <br />requirement for landscaping should extend along the remainder of the north property line, rather than <br />reliance only on the existing row of trees which are not on the development site, nor under the <br />applicant's control. To address this concern, the PC modifies the HO's approval to add the following <br />condition of approval: <br />The final PUD plans shall show landscaping along the north property line consistent with the <br />applicant's proposed landscape plan (Sheet L2 of Exhibit PH-69), but moved south within the <br />required 5-foot setback outside of the newly dedicated right-of-way for Oakleigh Lane. The <br />applicant shall also revise the site plans to show landscaping that meets the City's L-2 standard <br />at EC 9.6210, within the required 10-foot setback along the remainder of the north property <br />{00109077;1 } DRAFT Final Order Page 7 <br />