CC - Applicant Response to Staff ReportApplicant's Comments to Staff Report on Shelburne East (H-2018-0112)
City Council Hearing Date: December 18, 2018
The Applicant has reviewed City Staff's report to the Council for Shelburne East. The Applicant
requests the following changes.
Condition 1.1 G — Offsite Bott Lane Improvements. We ask the Council to reject the
Commission's recommended condition requiring off-site improvements (curb, gutter and
sidewalk) for approximately one quarter -mile along Bott Lane to Cloverdale Road. Bott Lane is
an ACHD roadway, outside of the control of the Applicant. ACHD did not require a traffic impact
study for this project. ACHD's updated staff report does not require the improvements
recommended by the Commission. Existing power poles and irrigation structures along Bott Lane
make it cost -prohibitive to widen and improve Bott Lane. ACHD has determined the existing
roadway (minimum 24 -feet paved), is sufficient to handle future trips associated with this project,
and the gravel shoulders on each side provide adequate pedestrian pathways. The applicant will
repair and replace the gravel shoulders as needed to ensure pedestrian connectivity to Cloverdale
Road to the east. The offsite improvements recommended by the Commission are not proportional
to the project's impact and no nexus between the project's impacts and the Commission's
recommendation has been established. Bott Lane will be improved between the project site and
Cloverdale Road as those adjacent properties are developed and each owner is required to improve
their frontage. The project is improving all roads within its boundaries and no offsite improvements
are needed to mitigate impacts from the development.
Condition 1.10 — Bott Lane Bridge. The Applicant requests that Condition 1.10 be modified to
state: "The Existing bridge over the Ten Mile Feeder Canal is capable of all single rear axle fire
trucks, except an aerial ladder truck that has a maximum rear axle load of 33,500; no double rear
axle fire trucks are be allowed until the bridge over the Ten Mile Feeder Canal is improved with
Phase 3 of the project, at which time, the bridge shall be improved to safely support a fire truck
(80,000 lbs.) so that a secondary access is available to the site for emergency purposes."
Additionally, in Condition 1.2(a) the applicant requests the Council approve a 15 -foot wide
irrigation easement along the southern boundary of Lots 2-9, Block 4 and along the north boundary
of Lot 9, Block 3. UDC § 11 -3A -6D requires easements over 10 feet wide to be place in common
lots unless approved by the Council. In this case, we have intentionally designed these lots with
extra depth (130 feet) to accommodate the requested easement without encroaching on the lots'
building envelope. The easement is preferable for homeowners so that their HOA is not required
to maintain an additional common lot. If the Council is not inclined to approve this 15 -foot
easement, our preference is to try to fit the irrigation improvements in a 10 -foot easement rather
that create a narrow common lot. A 15 -foot easement is preferable for maintenance purposes.