PZ - Applicant's Response to Staff Report 1-16APPLICANT’S RESPONSE TO STAFF REPORT
FOR SHELBURNE SOUTH (H-2019-0106)
January, 15, 2020
Nine Mile Creek: City Parks and Recreation commented that a 10-foot wide multi-use
pathway in a 14-foot wide public access easement should be provided on the southwest
side of Nine Mile Creek from the east to the northwest boundary of the property. A 10-foot
wide pathway is excessive because the proposed open waterway feature is a local amenity
that does not have planned or available connectivity outside of the proposed subdivision
and the Nine Mile Creek pathway is not a designated pathway on the City’s master pathway
map. Requiring a 10-foot wide multi-use pathway in this location will decrease the green
space provided in the open space waterway feature. The City has planned for a regional
pathway just to the north on Ten Mile Creek where future connections are available and
under construction and has required Applicant to provide a 14-foot easement for this future
path. Applicant understands the City’s desire for pedestrian connectivity and will construct
a 5-foot wide multi-use pathway within an 8-foot wide public easement on the southwest
side of Nine Mile Creek from the east to the northwest boundary of the property.
Freeman Parcel Access: The Staff Report recommends a 20-foot wide easement over Lot
1 of Block 4 to ensure access to the Freeman Parcel. The Applicant has worked with
Freeman to provide access to the Freeman Parcel from the north through Shelburne East.
Applicant agrees access will be via a 20-foot easement to South Selatir Way.
Fencing: Applicant will update the landscape plan detail sheet (L6) to include a design for
a 5-foot open vision lattice top vinyl fence along the common areas. This type of fence will
be more harmonious with the fencing throughout the project.
Common Lot -Lot 1, Block 8: Lot 1, Block 8 may be used in the future as regional open
space with amenities such as a dog park with access from a future regional pathway.
Accordingly, Applicant proposed not limiting and restricting this lot as “non-buildable.”
Conditions of Approval: The revisions Applicant seeks to the Staff Report’s proposed
conditions of approval are shown in redline on Exhibit A below.
Exhibit A
Applicant’s Comments on Proposed Conditions of Approval
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
….
2. The final plat shall include the following changes from the preliminary plat
included in Section VII.B, dated 9/5/19, as follows:
a.A note shall be placed on the face of the plat restricting Lot 1, Block 8 as a
non-buildable lot.
b.Add a note stating direct lot access via E. Amity Rd. is prohibited.
c.Graphically depict a minimum 20-foot wide access easement from S. Selatir
Way across Lot 1, Block 4 to the Freeman property (Parcel #S1128438580);
the final plat should include a note referencing the recorded instrument
number of this easement.
3. The landscape plan included in Section VII.C, dated 9/6/19, shall be revised with
submittal of the final plat application as follows:
….
d.Add a detailed design for 5-foot open vision lattice top vinyl fence to the
Landscape Plan’s detail sheet (L6).Correct the description of the 5' open vision
lattice top vinyl fence along common areas noted in the Plant Palette table to
reflect that depicted on the detail on Sheet L6 (i.e. 5' open vision lattice top vinyl
wrought iron fence).
e.Widen Extend the pathway depicted in Lot 23, Block 4 from 5 to 10 feet and
extend it to the north and east (through Lot 3, Block 2) boundaries of the
subdivision for future extension and interconnectivity between
neighborhoods.
….
8.An 8-foot public pedestrian easement shall be submitted to the Planning
Division for recording as required by the Park's Department prior to signature
on the final plat(s) by the City Engineer for the 5-foot multiuse pathway along
the southwest side of the Nine Mile Creek from the east to the northwest (along
the creek to the north boundary and along the access road to the west boundary)
perimeter boundaries of the subdivision and a 14-foot public pedestrian easement
along the northeast side of the Ten Mile Feeder Canal on the subject property
shall be submitted to the Planning Division for recording prior to signature on
the final plat(s) by the City Engineer.
9. To ensure access is still provided to the Freeman property (Parcel
#S1128438580) once Shelburne East develops to the north and S. Selatir Ln. is removed, a
cross-access easement for a minimum 20-foot wide driveway shall be required to
connecting that property to S. Selatir across Lot 1, Block 4. The preliminary plat shall be
revised prior to the Council meeting to graphically reflect this easement. A copy of the
recorded easement shall be submitted prior to signature on the final plat by the City
Engineer