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Comment 2: The portion of the second sentence of the first paragraph of R-7.280- <br />A that states "Street 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 />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 <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 />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 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 Ptan Agreement -City Plants Alternate - 7 of 25 ~ 9 8 - O V ~ 2 8 <br />