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Comment 2: The portion of the second sentence of the first paragraph of R-7.280-A <br />that states "Street trees shall be ... required on streets that abut the development ..." should <br />be more clearly defined. <br />Findin :The dictionary defines "abut" as "having a common boundary or to border <br />upon". In order to clarify the intent of this section, it has been modified to provide that <br />"Street trees shall be ... required on that portion ofstreetright-of-way that abuts lots within <br />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 plan <br />approval can only be estimated. There should be a variance provision subj ect to relocation <br />based on actual constructian working drawings, which are not completed until the developer <br />is ready to begin street construction. <br />Findin : 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 conditional <br />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. Most <br />large developments are completed in phases. The Street Tree Plan should be tied to these <br />phases. <br />Fi_ n~:. The land use development process currently allows various ways this can <br />be accomplished. The Code requires the approval of the developer's Street Tree Plan prior <br />to final approval of the development. Most developers approach a large development by <br />requesting approval for each phase as they are ready to proceed. In doing so these street tree <br />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 />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 />final 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 far driveways and credits or <br />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 />Exhibit B to Street Tree Plan Agreement <br />97-00421 <br />