HomeMy WebLinkAboutStaff Comments
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
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FROM:
SUBJECT:
Mayor and City Council
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City Council Hearing Date: August 22, 2006
STAFF REPORT
Amanda Hess, Associate City Planner
City Of Meridian
Bienville Square Access Variance City Clerk Office
. File No. V AR-06-018 - Variance request to allow full access from / to Bienville
Square Subdivision from Eagle Road, by Red Cliff Development
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant is requesting a variance from Section 11-3H-4 of the Unified Development Code (UDC)
that prohibits new vehicle approaches to state highways. The Variance application proposes one new full
access from / to Eagle Road, SH 55. Specifically, the new approach is to be located approximately 1;.:1 mile
south of the Ustick Road / Eagle Road intersection. Upon completion of the Eagle Road Corridor plan,
the access will be reduced to a left-in / right-in / right-out access. Deceleration and acceleration lanes will
be dedicated and constructed to ITD standards.
The Idaho Transportation Department (ITD) has provided conditional permit approval contingent on
obtaining a variance to UDC 11.3H. Sadie Creek Promenade is willing to provide cross access to the
Bienville Square at the time of development of their property.
2. SUMMARY RECOMMENDATION
Staff is recommending denial of the subject Variance application (V AR-05-018). Staff fmds that the
application does not meet all of the fmdings required in the UDC in order for the City Council to grant a
variance (See Exhibit E). Section 11-3H-3 of the UDC does states that City Council may consider and
apply modifications to the standards of Article H upon specific recommendation of the lTD. (See Section
9, Page 3, for details.)
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
SW Corner of Us tick Road and Eagle Road / SH55
Township 3N, Range IE, Section 5
b. Owner
Red Cliff Development
787 E. State Street, Suite 125
Eagle, ill 83616
John Ewing
1500 E1 Dorado Street, Suite 4
Boise, ill 83704
c. Applicant:
Red Cliff Development
787 E. State Street, Suite 125
Eagle, ill 83616
d. Representative: Bob Unger, Red Cliff Development
e. Present Zoning: General Retail and Commercial (C-G)
f. Present Comprehensive Plan Designation: Mixed Use-Regional
Bienville Square Access Variance
V AR-06-018
PAGE 1
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
g. Applicant's Statement/Justification:
There is no public street access other than the proposed access to Eagle Road / SH 55. Access via
Ustick Road and Sadie Creek Promenade is not a viable option at this time, as the current owners
have indicated that they are not in a position to provide access until the time of development of
their property. ITD has provided conditional approval for a full access on Eagle Road. (See Exhibit
C)
4. PROCESS FACTS
a. The subject application will in fact constitute a variance as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-5A-l),
a public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: July 31 S\ 2006, and August 14th, 2005
c. Radius notices mailed to properties within 300 feet on: July 28th, 2006
d. Applicant posted notice on site by: August 12th, 2006
5. LAND USE
a. Existing Land U se( s): Vacant
b. Description of Character of Surrounding Area: Residential, Commercial
c. Adjacent Land Use and Zoning:
1. North: Sadie Creek Promenade Commercial Subdivision, zoned C-G
2. West: Residential, zoned R.2 (Meridian) and Rl (Ada County)
3. South: Residential, zoned R-2 (Meridian) and Rl (Ada County)
4. East: Gateway Marketplace Commercial Subdivision, zoned C-G
d. History of Previous Actions:
On February April 18, 2006, Bienville Square Subdivision was granted Annexation and Zoning
(AZ-05-057) approval for 18.43 acres from RUT and R1 (Ada County) to R-8 (Medium Density
Residential), R-15 (Medium High Density Residential) and C-G (General Retail and Service
Commercial). Council also approved the rezoning of 10.05 acres of C-G to R-8 and R-15 (RZ-05-
019).
Preliminary Plat (PP-05-053) approval was also granted for 54 single family residential lots, 22
multi-family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres. And a
Conditional Use Permit was approved for a mixed-use development to be located within 300-feet of
a residential district.
A final plat application has not been submitted to the Planning & Zoning Department to-date.
Additionally, a Development Agreement has not been entered into between the applicant and the
City at this time.
This matter is before the City Council based upon a stipulation to remand this action from the
District Court. The applicant originally filed suit for damages against the City of Meridian and
dismissed that action voluntarily. The matter was petitioned for review before the District Court,
timely, and has now been remanded by agreement between the applicant and the City.
e. Description of Use of Property:
Office uses and commercial uses, including retail and restaurant, and residential, including attached
townhouses and single family dwellings.
Bienville Square Access Variance
V AR-06-018
PAGE 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
6. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject site is designated 'Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of the
Comprehensive Plan, this designation is defined in part as an area that is situated in higWy visible or
transitioning parts of the City where innovative and flexible design opportunities are encouraged. The
MU-R has no upper limit on the square footage of non-residential uses and is intended to allow a broad
range of uses.
Staff also finds the following Comprehensive Plan policies to be applicable to this application:
· "Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be
protected by minimizing the number and location of private driveway access connections to this
important roadway. The City should recognize, adopt, and help implement the Eagle Road Access
Control Study, prepared by ACHD in 1997." (Chapter VI, Page 71)
· "The capacity of arterial. .. roadways can be greatly diminished by excessive driveway connections
to the roadways. The City should cooperate with ACHD to minimize access points on arteriaL..
roadways as development applications are reviewed." (Chapter VI, Page 72)
· "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of
existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, Page 79).
· "Consider the Eagle Road Corridor Study in all land-use decisions." (Chapter VI, Goal II, Obj. A,
#15, Page 79).
· "Restrict curb cuts and access points on... arterial streets." (Chapter VII, Goal IV, Obj. D, #5, Page
107)
7. UNIFIED DEVELOPMENT CODE
The following UDC sections are pertinent to this application:
a. Development alonll Federal and State Hicl1wavs: UDC 11-3H-I, Purpose Statement. One of the
three purpose statements is to "limit access points to state highways in order to maintain traffic flow
and provide better circulation and safety within the community and for the traveling public."
b. UDC 11-3H-4B-l Standards: Access to State Highway 55 - "Use of existing approaches shall be
allowed to continue provided that the following conditions are met:
1. The existing use is lawful and property permitted effective September 15, 2005.
2. The nature ofthe use does not change (for example, a residential use to a commercial use).
3. The intensity of the use does not increase (for example, an increase in the number of
residential dwelling units or an increase in the square footage of commercial space)."
c. UDC 11-3H-4B-2. Standards: "If an applicant proposes a change or increase in intensity of use, the
owner shall develop or otherwise access to a street other than the state highway. The use of the
existing approach shall cease and the approach shall be abandoned and removed.
1. No new approaches directly accessing a state highway shall be allowed.
2. Public street connections to the state highway shall only be allowed at:
a. The section line road; and
b. The half-mile mark between section line roads. These half-mile connecting streets shall
be collector roads."
d. UDC 11-3H-4B-3. Standards: "The applicant shall construct a street, generally paralleling the state
highway, be designed to accommodate future connectivity and access to all properties fronting the
state highway that lie between the applicant's property and the nearest section line road and/or half
mile collector road."
Bienville Square Access Variance
V AR-06-018
PAGE 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation for Denial
Listed below are various documents in the public record pertaining to this application. The relevant
points within each document and an analysis of those points follows (Staff's analysis in italics). For
additional analysis, see the Variance Findings in Exhibit E.
. Development AlITeement
There is no recorded development agreement on file pertaining to this site which specifically
addresses access to Eagle Road / SH 55 at this time.
. Eagle Road Arterial Study - Final Reoort (April 2004)
This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of the
Comprehensive Plan) was endorsed by the City Council in a January 2005 letter to Eric
Shannon, ITD District Engineer, and was also endorsed by the ACHD Commission. The study
includes the following recommendations:
- Para. 3.2.5, pg. 4: "ITD and ACHD should work together with the municipalities to identify
the specific public streets and private approaches on Eagle Road to be closed, over time, via
access consolidation, provision of secondary access, etc. . ."
ACHD has provided three access points to the site from Ustick Road to the Sadie Creek
Promenade Subdivision. A formal letter, dated June 30,2006, was sent to Rob Haggett of Red
CliffDevelopmentfrom Tamara Thompson, representative for Sadie Creek Promenade which
clearly indicates that cross-access will be provided to Bienville Subdivision at a future date.
(See Exhibit C) Staff believes the three access points to Ustick Road eliminates the need for
any access to orfrom Eagle Road to this subdivision.
- Para. 3.2.6, pg. 4: "The existing circulation network within and between existing developed
parcels should be reconfigured to reduce the number of access points to Eagle Road and to
allow more local trips to be made without the need to travel on Eagle Road. This concept
should be incorporated into municipal planning and zoning policies..."
This statement emphasizes the need for consolidating access points and encouraging shared
driveways on properties that front major roads such as highways. Cross-access between
developments eliminates the need for individual accesses to / from said roads. Additionally,
Meridian's adoption of the UDC, Article H, demonstrates the City's commitment to reducing
the number of trips and, thus, potential accidents on Eagle Road
. ITD Open & Reauested Permits at the Ustick Road / SH 55 Intersection
There are nine legal access permits on Eagle Road / SH55 between the four commercial
developments (Gateway Marketplace, Centre Pointe Subdivision, Sadie Creek Promenade /
Bienville Square, Smitchger Subdivision) located at the comer of Us tick Road and Eagle Road.
In addition, a request for one access by the Bienville development has been granted conditional
approval from LTD. Sadie Creek Promenade has also requested access from Eagle Road. This
totals at least 11 new access permits that are either open or being proposed within a Y2 mile
segment of highway. While each case will be reviewed on its own merits, there is a cumulative
impact on the state highway's overall capacity that needs to be considered with each and every
variance application.
. Traffic Accident Data
To conclude staffs analysis, we obtained accident data from the Meridian Police Department for
the Eagle Road corridor for the years 2005 and 2006, to-date. Of the top 10 intersections in
Bienville Square Access Variance
V AR-06-018
PAGE 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
Meridian for total number of accidents, six of those intersections were along Eagle Road / SH55
(Fairview, Ustick, Franklin, St. Luke's, Magic View, and Overland).
2005 TOP 10 MERIDIAN ACCIDENT LOCATIONS
INTERSECTION TOTAL # ACCIDENTS
EAGLE / FAIRVIEW 78
MERIDIAN / OVERLAND 63
FAIRVIEW I LOCUST GROVE 36
EAGLE / FRANKLIN 33
MERIDIAN / FAIRVIEW 29
EAGLE / ST LUKE'S LN 26
EAGLE / MAGIC VIEW 22
MAIN / FRANKLIN 19
EAGLE / OVERLAND 18
2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS
INTERSECTION TOTAL # ACCIDENTS
EAGLE / FAIRVIEW 37
EAGLE / 1-84 ON I OFF RAMP 34
FAIRVIEW / LOCUST GROVE 33
MERIDIAN / OVERLAND 33
MAIN / FRANKLIN 21
EAGLE / FRANKLIN 21
MAIN / FAIRVIEW 19
EAGLE/FLORENCE 19
EAGLE / MAGIC VIEW 15
NOTE: The Eagle Road / Ustick Road intersection
was not on the list of top ten intersections for traffic accidents
in the City of Meridian for the year 2004.
There is a direct correlation between the number of access points/intersections along a roadway
and the potential for accidents. The higher the accessibility, the lower the mobility. While staff is
not arguing that every new driveway or public street access to Eagle Road will cause or be
directly responsible for accidents, we do believe restricting the number of new accesses helps to
ensure a safer roadway.
b. Staff Recommendation: Based on the Comprehensive Plan and UDC policies listed under Section
8 of this report, as well as the analysis of findings shown in Exhibit C, staff finds there is a lack of
evidence and grounds to grant a new vehicular access point to Eagle Road / SH 55. Staff does not
believe the applicant's arguments meet the "findings test" for granting a variance. Therefore, staff
recommends denial of the subiect application.
10. EXHmITS
A. Vicinity Map
B. Site Plan Depicting Full Access
C. Letter from Tamara Thompson, Sadie Creek Promenade Representative
Bienville Square Access Variance
V AR-06-018
PAGE 5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
D. Letter from the Idaho Department of Transportation
E. Required Variance Findings from UDC
Bienville Square Access Variance
V AR-06-018
PAGE 6
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
Exhibit A: Vicinity Map
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Bienville Square Access Variance
Exhibit A, Page I
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Exhibit B: Site Plan Depicting Full Access
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Bienville Square Access Variance
Exhibit B, Page 1
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
Exhibit C: Letter from Tamara Thompson, Sadie Creek Promenade Representative
landmark
development group, LLC
J.une 30. 2006
ItObHaggeu
RcdCliIT Development
781 East State Street. suite 125
k~tt>-hawk PI81.ll
EaIIe.1O 83616
RE: SWc tJstic.k and 1~le (Sadie (~reck Promenade)
Deat Rob:
The following is to elarify our development intentions and timing on the SWC of l'stick
.~ Eaelc.
MiY Qlicnl$ are not s~ulati\'e developt"fS so we are VW)' mu.;;h at the mercy of lenant
uuorest and leasing. We are.w.:dvely marketing the property but at this time we do not
lutvcany tenants. Frankly, the laek of access to and &om Jiaglc ROJld has brought leasing
aetMtles to a llumd stilL .
As t: dc:velopment condhiQfl Qf "PProval. the City of Meridi3n requires that we provide
CJ'OJll acCO$S to your prol*b' ~ (tur project 10 USJk:kRoad. In the event we proceed
with doveiopmtDt \W will ~rRpIy with those tenns at .... dru. We are not in a position
to. provide thl& cross 1l(:Ce1l5. any earlier than with the dewl.....t of the properly.
Sinc<<ely.
t"~J...' 81...,.10 13112 -OfflOIl 28'.34M011 !!~1_~1i . w.w '1l,t\;:I~fllh:qIPlJP ClIfli
Bienville Square Access Variance
Exhibit C, Page I
IDAHO TRANSPORTATION DEPARTMENT
P.O. Box 8028
Boise. 10 83707.2028
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
Exhibit D: Letters from the Idaho Transportation Department
TIIIoNSPOR1'llTlON IlGWID
Charles Winder
Chairman
John X, Coolbo
VicEl Chairman
District 6
John McHugh
District 1
Bruce Sweeney
Dlalr\(:t2
Monte MCClure
District 3
Gary Blick
Di!l1r\(:t4
Nell Miller
District 5
DaVid Ekern. P.E.
DIrector
Sue Higgins
Board Secretary
(208) 334-8300
itd.idaho.gov
April 4. 2006
Bob Unger
Falla Inc.
2076 S. Eagle Rd.
Meridian, Idaho 83642
Re: Access Permit Application, 3-05-066
Mr. Unger:
In regards to the installation of raised medians, one of the conditions for access approval
provided in our letter dated March 28, 2006; it has been determined this will not be a
requirement of your application. The installation of medians on Eagle Road will be
addressed through our future Improvement project for- the corridor. As a result. raised
medians are not one of the mitigating measures for acCess approval. All other conditions
mentioned in our 3/2812006 letter are still required. If those conditions are acceptable.
please notify us in writing so that approval of your appHoation can go forth; include a set of
your construotion plans for Department review & approval prior to permit issuance.
Additionally, prior to final approval of your application. written assurance must be prOVided
to the Department on the participation with theE.g1e Road & Ustlck Road intersection
Improvementa currenUy under development with the W.H. Moore Company.
"-".~-<- Jon Ogden, . .
Assistant Dlstrld Traffic Engineer
Bienville Square Access Variance
Exhibit D, Page I
CITY OF MERIDIAN PLANNING AND ZONrNG DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
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IMHo TRANS~TATION DEPARTMI!lNT
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March 28. 2006
Bob Unger
Fofio Ine.
2076 S. Eagle Ret
Meridian, Idaho 83642
Re: Access Permit Application, 3-05-066
Mr. Unger:
Your permit application WS8 presented to the Idaho Transportation Department (ITO)
exucutNe permits meeting on 3122106.
The executIw committee concure With District Three Tl'8fftc assessment with regard to
the referenced development and 18 agreeable to approval of the access permit appllca~
with the condition that the mitigatlFJg measures and consideratJOflS 8S outlined In this .er
are provided. ,
MItlgaUng rT1ea5UI'88:
· Partlc:ipate In the lmpmvement 01 the Eagle Road and UlStlck Road interSection JO
provide double left turn Iane& and right turn Ianet ,on all approaches.
· Construct auxiliary lanes at propose secesses on Ustick and Eagle Roads.
· ReconfIgure plll'tdng ~ to provide a protected drive aisle at all approaches.
· Construct backage ruads as requlntd by the Ada County HJghway 0IstrIct & City of
MerIdian.
· Any change to pavement marking shall be with durabf8 pawrnent marking.
· Jnstalation of median on Eagle Road,
· Rellnqulstvnent of other properly accass rights to Eagle Road.
If the considerations outlined IiU"8 acceptable, please submlt wrilfClfl agreement to
providing the f\8tW$sary mitigation contributJons. Prior to issuing tfle aacess wrm~ ~
need . copy d your construction plans for review. '.
If Ihe outlined considenItions are not agreeable. the option to appeal Is available thtough
our Lege1 S8cti0n. 1f)'aU wJ8h to file an appeel. please 8Ubmit wr1tten nolificadon; once
teC8ived your appllcalfon wltl be torwerdecllD our Legal SecIdon for consldetation.
Bienville Square Access Variance
Exhibit D, Page 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 8/22/2006
Exhibit E: Required Findings from UDC (Variance)
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in
Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council
shall make thefollowingfindings:
A. The variance shall not grant a right or special privilege that is not otherwise allowed in the
district:
If the City Council grants the access form Eagle Road / SH55, it would grant a right that is currently
prohibited not only in the C-G zone but for all new development adjacent to state highways.
Additionally, a full movement access does not comply with the Eagle Road Corridor study.
Sadie Creek Promenade Commercial Subdivision, just north of the subject site has been granted three
accesses from Ustick. A cross-access agreement has been established which allows patrons of
Bienville Square to travel through Sadie Creek Promenade via Ustick Road. Therefore, Council does
not find that the request is consistent with UDC 11-5B-4E-l.
B. The variance relieves an undue hardship because of characteristics of the site;
Granting access from Eagle Road may relieve some traffic congestion within the site because
southbound traffic on Eagle Road / SH55 would not be forced to use Ustick Road to get through the
Ustick / Eagle intersection. Drivers could turn to and from Eagle Road and avoid accessing the site
from Ustick Road. However, this is not tied to a physical characteristic of the site, which is what this
finding requires.
In addition, upon construction of a new traffic signal at the intersection of Ustick Road and Sadie
Creek Avenue, the left-hand turn from Ustick Road should be relatively simple. It may require more
time than a direct access to / from Eagle Road, but is still better than making non-signaled left-handed
turns from Us tick Road.
Council finds that no physical characteristics of the site exist which demand an access point be
constructed on Eagle Road / SH55. As previously stated, the applicant has an established cross-access
agreement with Sadie Creek Promenade with which to take public street access.
C. The variance shall not be detrimental to the public health, safety, and welfare.
According to Philip Demosthenes, Parametrix Consulting, for a vehicle traveling at 45 miles per hour,
an 850 to 950 foot deceleration lane should be provided in order to safely accommodate the slowing
traffic. For a vehicle traveling at 55 miles per hour, a 920 to 1140 foot deceleration lane is necessary.
Said traffic should not be decelerating in the roadway. On the same note, an acceleration lane of
appropriate length should also be constructed to safely accommodate the merging traffic. This clearly
indicates that access points should be located a safe distance from signalized intersections.
It is important to limit access points on major roads such as highways, as their main function is to
move traffic over longer distances at higher speeds. This means separating access points on said roads
so that turning movements occur at few locations. Frequent access points do increase congestion. And
as traffic congestion increases, so does the likelihood of traffic conflict and the potential for accidents.
Council finds that granting a full access point does contribute to unsafe and congested conditions on
Eagle Road / SH55.
Bienville Square Access Variance
Exhibit D, Page 1