| In addition to the report, Ms. Goodwin indicated that there are twelve trees |
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| being removed on the revised plans. This includes trees in the hedgerow |
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| along the south side of the detention basin and a tree on the north side of |
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| the detention basin. One dead tree is being removed in the parking area. |
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| The applicant has provided more than the required replacement trees and |
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| they are located in the area where they were removed, south of the |
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| detention basin on adjacent property. A total of nine existing trees will be |
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| saved. Ms. Goodwin noted that the off-street parking landscaped islands, |
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| as well as the buffer improvement, will be irrigated by means of a hose. If |
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| there is a motion to approve, the Planning Commission should include a |
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| condition requiring that a bond, surety or letter of credit in the amount of |
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| $20,000.00 be posted for landscaping costs and tree replacement. |
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| Member Nowicki expressed concern that in 1991 and 1992, he hadn't seen |
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| any documentation showing any agreements regarding the proposed |
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| screening which will be offsite, occurring 25' on someone else's property. |
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| His concern is that there is an encumbrance on that property that has been |
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| acquired for this screening and landscaping and that cannot be used for |
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| anything else except the screening for the proposed parking lot. He said |
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| that he hasn't seen an agreement signed by the residents other than a |
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| landscaped plan that the residents signed, which he doesn't consider a |
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| legal agreement. Under Section 1812 of the Zoning Ordinance it states |
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| that whenever a site plan requires landscaped berms or planted or natural |
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| vegetation screening, that such areas shall be provided with an irrigation |
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| system or readily available or acceptable water supply as approved by the |
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| City Engineer and Forestry Department. He didn't recall seeing any |
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| approval from either of these departments, other than a representation that |
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| the trees or landscaping would be possibly watered by hose. He didn't |
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| know what guarantees there were when there are no agreements that |
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| someone can go on someone else's property to manage or control the |
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| landscaping. He also expressed concern that at some time in the future, if |
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| the property is sold, there is no documentation that this 25' will remain as a |
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| buffer zone and there is an encumbrance on the property. |
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| Mr. Olsen said that it's his understanding that the proposal to provide the |
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| buffer zone does not include a requirement that anyone in particular |
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| maintain it. The buffer zone, as proposed, was to protect each of the |
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| adjoining property owners so that the view of the wall would be obscured. |
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| When it comes to building, all the restrictions having to do with setbacks |
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| and zoning will remain. The trees are placed on the adjoining property for |
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| the benefit of the property owner. They assumed that the property owner |
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| would maintain them as they would the rest of their property. |
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