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Home My WebLink About150-07 RESOLUTIONRESOLUTION NO. 150-07 A RESOLUTION TO GRANT THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF LARGE SCALE DEVELOPMENT 07-2574 FOR LIBERTY BANK BY MODIFYING CONDITION #3 AND ALLOWING THE BANKS REQUESTED CURB CUT ON JOYCE BLVD. WHEREAS, on July 23rd, 2007, the Fayetteville Planning Commission approved LSD 07-2574 (Liberty Bank) after denying the bank's request for a curb cut on Joyce Blvd.; and WHEREAS, on July 24, 2007, the property owner/developer properly appealed this decision to the Fayetteville City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS' Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the Liberty Bank's appeal of the Planning Commission's denial of the bank's request (by a 4 to 4 vote) for a curb cut on Joyce Blvd. should be granted such that LSD 07-2574 (Liberty Bank) is amended by modifying Condition of Approval #3 to allow a two way in and right turn only exit curb cut on Joyce Blvd. as shown on Exhibit A attached hereto. LSD 07-2574 remains fully approved with this one modification. PASSED and APPROVED this 7th day of August, 2007. APPROVED. By: DA COODY, Mayor ATTEST: By: U-• G\S Y O c • � • • :FAYETTEVILLE; 2. %9J'9 MNs: Jam'`:evsNixtu SONDRA E. SMITH, City Clerk/Treasurer Added aI 7/30ri J July 24, 2007 City Clerk City of Fayetteville City Administration Building 113 West Mountain Street Room 308 Fayetteville, Arkansas 72701 RE: Liberty Bank of Fayetteville CTS Job No. 071019-00 Dear Sir or Madam: x/7/07 0 479.636.48381 479 631 6224 4265 W7167 ISO 1-1/45.1)5 79i Crofton Tull Sparks L1berty www.craftontullsparks.com architecture 1 engineering Birmingham Connay Little Rock Oklahema City Rogers Russellville Tusa Wichita I am writing this letter on behalf of my client Liberty Bank to appeal the decision by the Planning Commission on July 23, 2007 for project LSD 07-2574 condition of approval number 3. The Planning Commission did not approve item 3 (which was to allow a curb cut onto Joyce Boulevard) on a 4 to 4 split vote. The decision to deny this access was based on the opinion that adequate access was being provided for and per city code item 166.05, 7, d, iv which states a development can be denied based on The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. We demonstrated with empirical sight specific data that this was not the case and that in fact the turning movements for this drive off of Joyce would be as safe as the proposed signalized intersection at Joyce and Vantage. It should be noted that neither the staff nor the planning commissioners had any data to contradict our findings. Secondly it was the commission's position that adequate access was being provided by a dedicated drive off of Vantage Drive and a private drive directly north of our site. In actuality, this is incorrect. After analyzing these drives it was determined that during the peak pm hour, when most of the customers will be visiting the bank, Vantage Drive southbound traffic will back up so far that both drives will be blocked by waiting traffic and it will be nearly impossible to enter the bank site except at the mercy of the opposing traffic. It should also be noted that our curb cut request onto Joyce Boulevard does not require any waivers or variances and fully complies with the City of Fayetteville codes and ordinances. I have attached a drawing showing the curb cut that we are asking for as well as the numerical data showing the operation of the curb cut on Joyce Street. We also showed in our opinion what will happen to the drive off Vantage Drive during the pm peak hour. In addition I will show two videos to model at the council meeting the traffic patterns with and without the curb cut onto Joyce Boulevard. If you should have any questions concerning this request please feel free to contact me at 479- 636-4838. Respectfully, Grafton, Tull, Sparks &�Assoociates, Inc. eW/ Cede: L• Daniel P. Ellis, P.E., CPESC Vice President iruiVrdl 111 I r I I I 1 1 RECEIVED JUL 262007 CITY OF FAYETTFVI-Lk CRY CLERK'S Of Fier z cn0 s o z U O U • ul • K ti w 0 W � � w G O K a i Q a wossiodsllNuoial mmm P&9' 1£9'6L/:%V4 8t9t 9C9'6LI 9SLZL W &Lebo?' OW 0410S'lae4S %L4 106 s pods Ilnj uoyoio utitcbS Jia 1 hJ RESOLUTION NO. A RESOLUTION TO GRANT THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF LARGE SCALE DEVELOPMENT 07-2574 FOR LIBERTY BANK BY MODIFYING CONDITION #3 AND ALLOWING THE BANK'S REQUESTED CURB CUT ON JOYCE BLVD. WHEREAS, on July 23rd, 2007, the Fayetteville Planning Commission approved LSD 07-2574 (Liberty Bank) after denying the bank's request for a curb cut on Joyce Blvd.; and WHEREAS, on July 24, 2007, the property owner/developer properly appealed this decision to the Fayetteville City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the Liberty Bank's appeal of the Planning Commission's denial of the bank's request (by a 4 to 4 vote) for a curb cut on Joyce Blvd. should be granted such that LSD 07-2574 (Liberty Bank) is amended by modifying Condition of Approval #3 to allow a two way in and right turn only exit curb cut on Joyce Blvd. as shown on Exhibit A attached hereto. LSD 07-2574 remains fully approved with this one modification. PASSED and APPROVED this 7`h day of August, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer a a LIBERTY BANK FAYETTEVILLE, AR bW ------------ _ spy Crofton Tull Sparks e 901 N. 0• Street Suite 200 Rogers. AR 22756 4]9.636.1838 F?az 09.6314221 www.crofontulsporkscom architecture 1 engineering EXHIBIT I A 0o(44 RR4 6( w Sea ms.. 7///n ALDERMAN AGENDA REQUEST FORM ez 8/7/g7 FOR: COUNCIL MEETING OF August 07, 2007 :64.1Zcl 3(SD 07 -esi57i/ FROM: Bobby Ferrell ORDINANCE OR RESOLUTION TITLE AND SUBJECT: LSD 07-2574 Liberty Bank Large Scale Development - Appeal for a curb cut An appeal filed by the property owner's representative to contest the decision by the Planning Commission on July 23, 2007 to affirm a condition of approval of the subject large scale development requiring the removal of a curb cut from Joyce Blvd. APPROVED FOR AGENDA: Alderman Bobby Ferrell 4/Z7 Date p�. sl.o3 Date • City Council Meeting of August 07, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning8 Date: July 30, 2007 Subject: Large Scale Development for Liberty Bank (LSD 07-2574) RECOMMENDATION Staff recommends denial of the applicant's appeal of the condition of approval #3 for LSD 07-2574 Liberty Bank, approved by the Planning Commission on July 23, 2007, and recommends the large scale develoment approval be affirmed as approved, with all conditions. BACKGROUND The subject property contains approximately 2.68 acres and is located at the northwest corner of Joyce Boulevard and Vantage Drive, just east and south of the Bellafont development. The applicant proposes to construct a two-story bank building containing a total 21,613 square feet with 76 parking spaces. The Planning Commission approved the large scale development subject to conditions of approval. The applicant is appealing condition of approval #3, which reads as follows: #3: Planning Commission determination of curb -cuts and appropriate locations. Staff is not supportive of the proposed curb -cut onto Joyce Boulevard, finding that the additional turning movements created by the requested curb -cut will increase the potential for traffic conflicts on a highly traveled and high speed principal arterial street. As noted in Figure No. 8 in the submitted traffic study, a high number of vehicle turning movements will be created by the proposed curb -cut that will likely conflict with through traffic on Joyce and east bound traffic attempting to utilize the turning lane to access Vantage Drive. Sufcient access to serve the proposed development was planned and is available to the property via Vantage Drive (a Collector Street), which is signalized, and a private drive that connects from Vantage Drive to another signalized intersection at the entrance to Bellafont at Joyce Blvd. Please reference additional information submitted by the Engineering Division (memo dated July 19, 2007), along with the articles of reference. The Planning Commission determined in favor of staff's recommendation. Staff recommended approval of the subject development proposal, however recommended denial of a direct curb -cut onto Joyce Boulevard. Staff finds that safe and adequate access is being provided to the property at three other points, and that the proposed 2 -lane access to Joyce Blvd. would create a dangerous traffic condition in proximity to two planned and funded traffic signals, one of which is now operational. City Council Meeting of August 07, 2007 Agenda Item Number The proximity of the signals, with multiple turning movements, a vertical and horizontal curve in the road that reduces visibility, and traffic on Joyce Blvd. lead staff to the conclusion that the direct access to the Vantage/Joyce signal and indirect access to the Bellafont drive/Joyce signal achieves a high level of access to the subject property, and recommends removal of the access point to Joyce Blvd. The property has direct access to Vantage Drive to the east and to a private drive to the north, which was planned for shared access to this bank when the Bellafont development was approved. It is staffs opinion that an additional curb -cut in this location will contribute to a decrease in traffic safety for motorists and pedestrians in the area and will contribute to the degradation of the function of the principal arterial. It has been substantiated that poor access management results in a greater increase in traffic congestion and traffic accidents, as has recently been discussed pertaining to College Avenue. Please reference the attached supplemental materials within the staff report for more information. DISCUSSION The Planning Commission voted 8-0-0 in favor of this project, with all conditions as recommended by staff, including the removal of the curb -cut to Joyce Blvd. Commissioners cited traffic safety as the primary reason for denying the curb cut. A previous vote to retain the curb -cut failed with a 4-4-0 vote. BUDGET IMPACT None. July 24, 2007 City Clerk City of Fayetteville City Administration Building 113 West Mountain Street Room 308 Fayetteville, Arkansas 72701 RE: Liberty Bank of Fayetteville CTS Job No. 071019-00 Dear Sir or Madam: I*0 Grafton Tull Sparks achiledure 1 engineering farmingliam Canny Lille Rod Mauna Gay Fluters Russellville TUG Wichita I am writing this letter on behalf of my client Liberty Bank to appeal the decision by the Planning Commission on July 23, 2007 for project LSD 07-2574 condition of approval number 3. The Planning Commission did not approve item 3 (which was to allow a curb cut onto Joyce Boulevard) on a 4 to 4 split vote. The decision to deny this access was based on the opinion that adequate access was being provided for and per city code item 166.05, 7, d, iv which states a development can be denied based on "The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. We demonstrated with empirical sight specific data that this was not the case and that in fact the turning movements for this drive off of Joyce would be as safe as the proposed signalized intersection at Joyce and Vantage. It should be noted that neither the staff nor the planning commissioners had any data to contradict our findings. Secondly it was the commission's position that adequate access was being provided by a dedicated drive off of Vantage Drive and a private drive directly north of our site. In actuality, this is incorrect. After analyzing these drives it was determined that during the peak pm hour, when most of the customers will be visiting the bank, Vantage Drive southbound traffic will back up so far that both drives will be blocked by waiting traffic and it will be nearly impossible to enter the bank site except at the mercy of the opposing traffic. It should also be noted that our curb cut request onto Joyce Boulevard does not require any waivers or variances and fully complies with the City of Fayetteville codes and ordinances. I have attached a drawing showing the curb cut that we are asking for as well as the numerical data showing the operation of the curb cut on Joyce Street. We also showed in our opinion what will happen to the drive off Vantage Drive during the pm peak hour. In addition I will show two videos to model at the council meeting the traffic patterns with and without the curb cut onto Joyce Boulevard. If you should have any questions concerning this request please feel free to contact me at 479- 636-4838. Respectfully, (Grafton, Tull, Sparks & Associates, Inc. Daniel P. Ellis, P.E., CPESC Vice President RECEIVED JUL 26MT CITY OF FAYc1'YLt CRY CLERK'S Off iCr rnllio111111r1111 LIiliLill11111ii11i ill .1111.1111111;1H11tii 11111111111.1.1.11! ililil11il1 il:llli Id] 1.11.1 Iill ill i!iIll! 11111III! 11111 wo>andsyyuoHornen.., Mir IE9'6L9:%Y3 13C9S, Wirjai 9SE% 'CMD0a (I� OIWS'1661S.L/'N 196 s)Iiodg pnl uo}JDJ3 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 479-575-8206 ENGINEERING DIVISION CORRESPONDENCE TO: FROM: DATE: SUBJECT: Planning Commission Members Glenn E. Newman, Jr., P.E., Staff Engineer July 19, 2007 Liberty Bank Access Management At the June 25th Planning Commission Meeting, engineering staff was asked to evaluate the "safety" of allowing a direct driveway access to Joyce Street for the Liberty Bank Project. Addresses Left Turn Movements: Based on research, left -turns are involved in a high proportion of crashes for access drives (47% ingress & 27% egress) as shown on the attached exhibit. The left turn maneuvers involve a heavier driver work Load which increases the decision making process and possible driver error. Therefore, minimizing left -tum movements or reducing the driver work load can be effective in improving safety. This can be accomplished at a signalized intersection with a protected left tum arrow which is available at the comer of the property at Vantage and Joyce Street and/or at the intersection of Bellafont and Joyce Street (which provides internal connectivity to this site.) With the two signalized intersections within immediate proximity of this development, we recommend that the access point be denied for reasons stated above. Addresses Access onto Arterial Roadways: Access Management is the second reason for recommendation for denial of the driveway request. According to research, the cumulative affect of commercial driveways on to a roadway decreases the volume capacity and increases accidents on the thoroughfare. The lack of adequate access management and the proliferation of driveways is the greatest single factor behind the functional deterioration of arterial roadways. Joyce Street is classified as a principle arterial which primary purpose is to facilitate the movement of traffic, not access. With the anticipation of future development in the area and increase traffic volume on Joyce Street, we recommend that the three other points of access be used to service the site rather than contributing to decreasing the capacity of the principle arterial with another driveway when adequate safe access is readily available. Addresses the Traffic Study Provided: We have reviewed the latest Addendum to the traffic study prepared by Peters and Associates and acknowledge they have increased the traffic volumes to reflect the 2006 Bellefont Traffic Study prepared by Carter and Burgess. The report only includes trip generation numbers and level of service for the proposed access points. The report does NOT address the specific question asked by the planning commissioners regarding safety. Therefore for reasons stated above, the Engineering Division does not support the proposed direct access to Joyce Boulevard. As a side note. The Bellafont Site Access Study recommends improving traffic flow along Joyce by relieving existing congestion and delays: One recommendation is to Realign/Combine/Eliminate drives and streets near the intersection of the frontage road to help eliminate conflicts. 16% 27% 10% CZ% a—an 47% Percentage of Driveway Crashes by Movement Source. Reference (2) Figure 2 er 1998 19 ACCESS MANAGEMENT MATERIALS SUPPLEMENT ACCESS 111ANAGEMF.NT WORKSHOP Little RocA.:I rhuusuc 1'R11.1 N TR.4A'.S'PORT 1 TIO,S' RESE I RC!/ CENTER FOR 4. PRESERVING THE FUNCTIONAL INTEGRITY OF THE CIRCULATION SYSTEM The link between an efficient transportation system and economic activity and land use is greatly recognized even though the linkage may not be well understood- The roadway system must provide both access to property and movement of goods and people. Traffic engineers have long recognized that the elimination of unexpected events, slmnlifiratnn f rnnflirt arms and the se .aration of decision • s ints /I 11- • • • • 0 k Since access management reduces the complexity of traffic conflicts as well as increases the spacing of events to which the driver must respond, it will result in improved traffic operations and reduced accident expenence. Various research efforts have explored the general relationships between accidents and medial and marginal access control. 4.1 The Failure to Manage Access Results in High Crash Rates and Highway Obsolescence The Failure to Manage Access is the Major Cause of Highway Obsolescence With a notable exception of freeways, urban arterials and lughways m the developing urban fringe commonly experience a deterioration in their ability to accommodate traffic in a safe and efficient manner as travel demand increases. This problem results from the requirement that the facility must serve the conflicting functions of providing for land access and vehicular movements. Solomon (2) reflected the observations of many engineers and planners when he stated: "When conventional highways are constricted on new rights-of-way, initially there are few commercial driveways and the safety record is good. As the highways get older, the traffic volume builds up, roadside businesses develop, more and more commercial dnveways are cut, and the accident rate gradually increases." Solomon concludes: "This demonstrates the importance of maintaining control of access when either two-lane or multi -lane highways are ether intersections or driveways alone will also increase the accident rate. Intersections should be restricted to those November 1998 16 ACCESS MANAGEMENT WORKSHOP CENTER FOR Little Rod', : Irl.mrun URBAN TRANSPORTATION RESEARCH RCN essential for the highway, and the right (direct) access from abutting businesses should be severely limited." McGuirk (3) further established the fact that accidents at access drives increase as both through -lane traffic volumes and driveway volumes increase. The problem has also been recognized in the following quote from the State Highway Access Code of Colorado (4): The tack of adequate access management on the highway system and the proliferation of driveways and other access approaches is a major contributor to highway accidents and the greatest single factor behind the functional deterioration of highways in the state As new access approaches are constructed and traffic signals erected, the speeds and capacity of the highway decrease, and congestion hazards to the traveling motorist increase." Effective Access Management • Reduces crashes by as much as 50% • Increases capacity 23-45% • Extends life of the highway • Consistent treatment of applicants for access permits • Protects investment in abutting property • Reduces travel time and delay by 40-60% • Decreases fuel consumption by 35% • Reduces vehicular emissions • Reduces transportation costs Effective management of access location, control and design can result in : Improvement of the safety, public health and welfare — 50% or more of the traffic crashes on urban arterials are access related. Ng • Increase of capacity and reduction in congestion by controlling left and right turns, lateral friction, and speed of access and egress. Capacity can be increased by 25 - 45% with access control. 17 November 1998 ACCESS N1ANACE11ENT ROItKSHOP CENTER 1118 Little Roct.: I rbmnm CRR: f % TR.I:''SPORT.1 TIU.\' RESE:1 Rt it • Extension of the functional life of existing highways, by preserving or increasing their capacity, reducing the need for new capital construction to meet increasing system demands. • Assurance of consistent and equitable treatment for all applicants for access permits. • Protection of the economic viability of abutting properties and private investments in arterial comdors — congestion, delays and unsafe conditions will drive prospective clients and shoppers to other less congested locations. • Reduction of travel time and delay, by 40-60% as a result of fewer stops, and smoother traffic flow. • Decrease in the amount of energy consumption by 35-50%, due to reduced stops and fewer deceleration and acceleration cycles. • Reduction of the amount of vehicle emissions by reducing stops, deceleration and acceleration. • Reduced costs of travelers, commercial shipments and services. November 1998 18 ACCESS $]AN.AGEMENT WORKSHOP CENTER FOR Little Rock,ArAmssas URBAN T24 SPORT.AT(O.YRESEARCH 4.2 Left -Turns are Involved in a High Proportion of Crashes Nearly three-fourths of the crashes which are access dnve related involve left -turns. As illustrated in Figure 2, nearly one-half (47%) involve left - turn ingress maneuvers. Another 27% involve the left -turn egress maneuver. The left -tum maneuvers, especially left -tum ingress, involve a heavy driver work load which increases the difficulty of a driver seemg a pedestrian or bicyclist about to cross the access drive. Consequently, those access management techniques which mtnimi7e left -turns or reduce the driver work load can be expected to be especially effective m improving safety. Percentage of Driveway Crashes by Movement Source: Reference (2) Fi r November 1998 19 ACCESS MANAGEMENT \1'ORKSHOP CENTER FOR Little Ruch.: 11/1 ama s 1 RB I;'V TR I N'SPORTI TIO.\' RE.tiE: I RC11 5. WHO BENEFITS FROM ACCESS MANAGEMENT? Who Benefits from Access Management? • Motorists • Pedestrians and Bicyclists • Bus Riders • Property Owners • General Public Motorists • Fewer crashes • Reduce travel time • Reduce travel delay • Lower fuel consumption Pedestrians and Bicyclists • Fewer driveways mean fewer conflicts with vehicles • Pedestrian refuge in median • Fewer pedestrian and cyclist deaths and injuries Bus Riders • Reduce travel time • Improved schedule reliability Property Owners • Preserves pnvate investment • Limits through traffic in residential areas November 1998 20