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Finding: It is agreed that the ability to obtain an exemption from planting <br /> street trees is needed for those cases where the terrain will not allow proper planting <br /> and for cases where existing properly located trees can be preserved within the <br /> right -of -way. Rule R- 7.280 -C has been revised to incorporate such an exemption. <br /> Comment 2: The portion of the second sentence of the first paragraph of R- <br /> 7.280-A that states "Street trees shall be . . . required on streets that abut the <br /> development . . ." should be more clearly defined. <br /> Finding: The dictionary defines "abut" as "having a common boundary or <br /> to border upon". In order to clarify the intent of this section, it has been modified <br /> to provide that "Street trees shall be ... required on that portion of street right -of- <br /> way that abuts lots within the development." <br /> Comment 3: With respect to the location requirements of R- 7.280 -C.5, it <br /> is impossible to know whether a customer would prefer a left hand driveway or a <br /> right hand driveway until a particular lot is chosen and sold. Locations of all <br /> utilities at the time of plan approval can only be estimated. There should be a <br /> variance provision subject to relocation based on actual construction working <br /> drawings, which are not completed until the developer is ready to begin street <br /> construction. <br /> Finding: The Local Street Plan establishes that the primary location for <br /> utilities shall be within the public utility easement immediately outside the right of <br /> way. If that location is infeasible, then the utilities may be located under the <br /> sidewalk, or within the street. Only as a last resort may utilities be placed within <br /> the area reserved for trees. However, R- 7.280 -C.5 has been revised and language <br /> added to allow review and conditional approval of estimated locations of utilities <br /> and driveways in some cases. <br /> Comment 4: Under R- 7.280 -B.1, there is no mention of developmental <br /> phases. Most large developments are completed in phases. The Street Tree Plan <br /> should be tied to these phases. <br /> Finding:. The land use development process currently allows various ways <br /> this can be accomplished. The Code requires the approval of the developer's Street <br /> Tree Plan prior to final approval of the development. Most developers approach <br /> a large development by requesting approval for each phase as they are ready to <br /> proceed. In doing so these street tree provisions would only apply to the phase of <br /> development ready to proceed. <br /> A Planned Unit Development (PUD) final approval is good for a maximum <br /> Exhibit B to Street Tree Plan Agreement <br />