09-28-2005 Council Agenda - Laserfiche WebLink

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acceptability of this agreement. However, if the "triangular area" does not raise concerns for the City's right of way, and the pipeline company executes the release as indicated in the letter, this condition would be met. 2. Redesign of the plat to accommodate the relocated right of way. As noted in the comment to item 1 above, the applicants propose to gain a release of the easement, rather than redesign the plat. This condition would be satisfied (that is, no redesign would be necessary) if the conditions in item 1 were met. 3. Landscape plantings not occur upon the pipeline right of way, but that trees are planted within the boulevard area along Preserve Court for buffering purposes. By gaining a release of the easement, the right of way, including the boulevard portion, of Preserve Court will be unencumbered by the pipeline company's restrictions on planting. The plan accommodates approximately 10 feet of "boulevard" space on either side of the constructed Preserve Court street. The applicants have proposed a planting of 2 -3 trees per lot along the north side of the street, and relatively full planting along the south side. A portion of the south right of way, west of Preserve Trail, includes shrub plantings between tiered retaining walls. Because these walls face away from the abutting lands to the south, buffering in this section is accomplished largely by grade, rather than vegetation, meeting the intent of the condition. The only major concern with the proposed plan relates to the evergreen trees (Black Hills Spruce and Austrian Pine) proposed for boulevard use. Planting location for these trees should be no closer to the curb than nine feet to ensure that the spread of lower branches does not encroach too closely to the curb line to allow for street maintenance and snow plowing operations. In addition, no evergreen tree plantings should occur near the corner of Preserve Court and Preserve Trail. The plan graphics used are not clear in this area. All trees near within 60 feet of the comer should be deciduous species. 4. Lot 1, Block 3 is eliminated and Preserve Trail be centered upon the parcel so as to not render the two properties to the east along Viking Drive non- conforming. The proposed plat shows Preserve Trail centered along Viking Drive, then curving slightly to its intersection with Preserve Court. Adequate space is provided along both sides of the new street to avoid conflicts with existing property and improvements. The proposed plat complies with this condition.