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Comment 2: T h e p o r t i o n of t h e s e c o n d s e n t e n c e of the first paragraph of R- 7.280- <br /> A that s t a t e s " S t r e e t trees shall be ... required on streets that abut the development ..." <br /> should be more clearly defined. <br /> Finding: The dictionary defines "abut" as "having a common boundary or to <br /> border upon ". In order to clarify the intent of this section, it has been modified to provide <br /> that "Street trees shall be ... required on that portion of street right -of -way that abuts lots <br /> within the development." <br /> Comment 3: With respect to the location requirements of R- 7.280 -C.5, it is <br /> impossible to know whether a customer would prefer a left hand driveway or a right hand <br /> driveway until a particular lot is chosen and sold. Locations of all utilities at the time of <br /> plan approval can only be estimated. There should be a variance provision subject to <br /> relocation based on actual construction working drawings, which are not completed until <br /> the developer is ready to begin street construction. <br /> Finding: The Local Street Plan establishes that the primary location for utilities <br /> shall be within the public utility easement immediately outside the right of way. If that <br /> location is infeasible, then the utilities may be located under the sidewalk, or within the <br /> street. Only as a last resort may utilities be placed within the area reserved for trees. <br /> However, R- 7.280 -C.5 has been revised and language added to allow review and <br /> conditional approval of estimated locations of utilities and driveways in some cases. <br /> Comment 4: Under R- 7.280 -B.1, there is no mention of developmental phases. <br /> Most large developments are completed in phases. The Street Tree Plan should be tied to <br /> these phases. <br /> Finding:. The land use development process currently allows various ways this <br /> can be accomplished. The Code requires the approval of the developer's Street Tree Plan <br /> prior to final approval of the development. Most developers approach a large development <br /> by requesting approval for each phase as they are ready to proceed. In doing so these <br /> street tree provisions would only apply to the phase of development ready to proceed. <br /> A Planned Unit Development (PUD) final approval is good for a maximum of three <br /> years, so at most, a developer could only phase construction within that approved PUD <br /> which could be completed within that time frame without returning for another approval. <br /> } <br /> Another alternative would be for a developer to bring in a large PUD and receive tentative <br /> approval on the larger development but then bring in each phase separately for final <br /> approval. Therefore, the development process already has mechanisms in place to allow <br /> fmal approval to be based on development phases, and no modification of the rules is <br /> necessary. <br /> Comment 5: The location standards of R- 7.280 -C.1 should read "shall average as <br /> closely as possible to 30 curb feet on center with consideration for driveways and credits <br /> or waiver granted by the City Manager, Urban Forester, or Public Works.' <br /> Finding The rules identify the desired spacing of trees to be on an average of 30 <br /> Street Tree Plan Agreement - City Plants Alternate - 7 of 25 - C <br />