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BOOK 99 PnE 375 7 • The applicant's attorney has researched the applicant's legal ability to construct a water line within the 46th Avenue private road right-of-way, and has coordinated with the Deputy County Attorney. Prior to the issuance of an LDP, the applicant will need to document to the satisfaction of the County Attorney's Office the ability to construct a water line in the private road right -of- way - 1S. Tree Preservation: Tree preservation is an integral element of the applicant's proposal and is the primary justification for the applicant's PD waiver request. The request for reduced right-of-way width and pavement width will ensure that no road widening will take place which could destroy trees that line the existing street. Staff has been working with the applicant so that construction of required utility and stormwater improvements necessary to serve the project will have a limited impact on the existing trees that line the street. Staff's analysis is that, to preserve trees along 46th Avenue, the following conditions should be applied: A. The utility line should be located to minimize impact on existing vegetation along 46th Avenue. Accordingly, the utility line should be installed under the pavement of 46th Avenue from 16th Street to a point far enough south where the line can be installed just outside the pavement without destruction of native trees (see attachment #3). B. The stormwater management improvements and swales should be relocated to 30' to 40' off the eastern edge of the road pavement to preserve trees along the road (see attachment #3). C. To preserve trees along the east boundary of the PD, the swale should be meandered 0' to 39' off of the east property line (see attachment #3). In addition, prior to any clearing, tree removal, or digging on site or within the road easement, the developer should be required to stake -out all clearing and digging areas and hold an on-site meeting with staff and the appropriate construction contractors. 16. Utilities: The proposed lots will be served by county water and on-site septic systems. These utility provisions have been approved by the county Department of Utility Services and the Environmental Health Department. 17. Buffer and Setbacks: Based upon the compatibility matrix in section 915.16, no buffers are required. At the perimeter, the required 25' PD setback shall control and the above referenced tree preservation conditions will apply if approved by the Board. RECOMMMNDATION: Based on the above analysis, staff recommends that the Board of County Commissioners approve the PD special exception use request and requested waivers, with the following conditions: 1. That prior to the issuance of an LDP or LDP waiver, the applicant shall demonstrate to the satisfaction of the county attorney's office the legal ability of the developer to use the 46th Avenue easement as proposed. 2. That prior to the issuance of an LDP or waiver, the applicant shall submit utility and stormwater construction drawings to the planning division which depict the stormwater modifications referenced in section 10 of this staff report and the tree preservation conditions discussed in section 15 of the this report. 3. That prior to any clearing, tree removal, or digging on site or within the road easement, the developer shall stake -out all clearing and digging areas and hold an on-site meeting with staff and the appropriate construction contractors, to_emMure compliance with the revised plans. OCTOBER 8, 1996 46 M M M