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Applicant Response 092209APPLICANT RESPONSE TO STAFF RECOMMENDATION Bainbridge Church Subdivision (FP-09-006) September 22, 2009 Conditions in dispute are highlighted in blue; applicant comments and requested actions are highlighted in red. Conditions not in dispute are denoted by [C] for "concurrence." SITE SPECIFIC CONDITIONS 1. Applicant is to meet all temts of the approved annexation (AZ-OS-001), development agreement (Instrument #109061598), preliminary plat (PP-OS-002), and conditional use permit/planned development (CUP-OS-002) applications for this subdivision. [C] 2. If the City Engineer's signature has not been obtained on this final plat by October 19, 2010, the preliminary plat shall become null and void unless a time extension is obtained in accordance with UDC 11-6B-7C. [C] 3. Prior to submittal for the City Engineer's signature, the Certificate of Owners and the accompanying acknowledgement shall be signed and notarized. [C] 4. Revise the notes on the face of the plat prepazed by James R.Washbum, stamped on August 24, 2009, prior to signature of the final plat by the City Engineer, as follows: a. Add a note prohibiting direct lot access to N. Ten Mile Road (per UDC 11-3A-3A) Applicant Comment This staff-recommended condition is in direct conflict with the Planning and Zoning Commission's rezone application recommendation [11.bJ to delete staff's proposal to prohibit access to Ten Mile Road. Requested Action: Delete Condition 4. a. b. Include the recorded instrument number for the license agreement with ACHD. [C] 5. The subject property shall be subdivided prior to issuance of any building permits. [C] 6. Revise the landscape plan prepazed by The Land Group, dated August 11, 2009, submitted with this application, as follows: a. A 35-toot wide landscape street buffer is required to be constructed on the property along N. Ten Mile Road, an arterial street and entryway corridor, per UDC Table 11-2A-6 and preliminary plat condition of approval #5 as modified by UDC 1 1-3B-7.C.1.a.2. ~t{re Request Action: Modem as noted by the underline/strike-out to conform to UDC Section 11-3B-7. C. 1.a.2, to measure the buffer from the back of the ultimate curb location. b. Direct lot access to N. Ten Mile Road is prohibited; revise landscape plan accordingly. Requested Action: Based nn the comment for Condition 4. a, above, delete Condition 6. b. c. A minimum 5-foot wide detached sidewalk is required along N. Ten Mile Road; revised plan accordingly. [C] Bainbridge Church Final Plat d. Include a pedestrian pathway/access at the west and south boundaries for future intereonnectivitywifh the residential neighborhood, per requirement of the development agreement approved with RZ-09-003. Applicant Comment: The rest and south boundaries will befully-landscaped and /enced. The church is concerned that the requested micro-path connections will impact its control of the sate, decrease safety, and increase liability. The sidewalks along Broadbent Drive and "l'en Mile Road rill provide for safe and secure pedestrian access to the building. Requested Action: Delete Condition h. d. ~- A 35-foot wide landscape street buffer is required along N. Ten Mile Road, an arterial street and entryway corridor per UDC Table 11-2A-6 and preliminary plat condition of approval #S~s modified by UDC 11-3B-7.C.1.a.2., 'a r ' °' ' ' a '' '- "°' °-"°"'°°' "''"°'" "' `" Request Action: This is the same issue cited in Condition 6.a, above. Therefore, modiFy as noted by the underline/strike-out to conform to UDC Section 11-3B-7. C. 1.a.2, to measure the buF/er from the back of the ultimate curb location. 8. A minimum 5-foot wide detached sidewalk shall be constructed along N. Ten Mile Road and E. Broadbent Drive in accordance with the standazds listed in UDC 11-3A-17. If the sidewalk is placed within the street buffer, a permanent public pedestrian easement shall be noted on the plat. [C] 9. A minimum 20-foot wide landscape street buffer, including a minimum 5-foot wide detached sidewalk, is required on the north side of E. Broadbent Drive, a collector street, per preliminary plat condition of approval #5. If there is not adequate space for it to be provided in a future final plat within the area preliminary platted as Bainbridge Subdivision, the buffer shall be provided upon future development of the property to the north. [C] 10. If permanent perimeter fencing is not installed around the perimeter of the site, temporary construction fencing is required to be installed to contain debris during construction prior to issuance of building permits. [C] 11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. [C] 12. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-I ], then the applicant shall relocate [he facility. This may require losing a developable lot or developable azea. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. [C] 13. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. [C] The applicant has no comment on "General Requirements" items 1-18 Bainbridge Church Final Plat