SAFETY ADVISORY AND TRANSPORTATION COMMITTEE

The Safety Advisory and Transportation Committee Meeting was held on October 28, 2008, at 6:00 p.m. with Councilman Slavin presiding in the absence of Chairman Leary. Mr. Link and Mr. Davis were present. Mrs. Russell was absent.

AGENDA ADDITIONS/DELETIONS

Mr. Link moved for approval of the agenda, seconded by Mr. Davis and unanimously carried.

Review of Requested Waivers, Land Subdivision Regulations, Streets: Right-of-Way Width and Length of Dead-End Street for College Road Professional Park (SB-08-01C)

Due to the lack of a quorum, during their meeting of September 23, 2008, members deferred the review of requested waivers for the right-of-way width and length of a dead-end street for College Road Professional Park.

Members considered waiver requests for the reduction of street width right-of-way and maximum length of a dead-end street for College Road Professional Park. The subject property is located on the north side of College Road, east of the railroad corridor, consisting of 30.78^+/- acres. The owners of the property are: College Road Management, Inc., Kent Storage Facilities, Inc., and Laralex Company LLC.

Ms. Cornwell, Planner II, advised members that the Conceptual Subdivision Plan proposes for the subdivision of the land into four (4) parcels as a manufacturing subdivision. In accordance with Article VI §A13.1 of the Land Subdivision Regulations, the minimum street width right-of-way for dedication is 60 feet. The applicant is requesting a reduction in the width to 35 feet. Ms. Cornwell explained that the applicant is requesting the reduction in the right-of-way based on the railroad to the west of the site and for consistency with the other streets in the area. The paved width would meet the required 26 feet with no parking permitted on the street. She noted that this waiver request is for both Railroad Avenue and the unnamed dead-end street. Both streets are proposed for dedication to the City.

In addition, Ms. Cornwell stated that the applicant is requesting to exceed the permitted length of a dead-end street to 450 feet. In accordance with Article VI §A15 of the Land Subdivision Regulations, the maximum length of a dead-end street is 400 feet. She noted that the size of the property and the layout of the lots support the need to extend beyond 400 feet in length.

Ms. Cornwell advised members that the Planning Commission recommended approval of the waiver to allow the reduction in the minimum street right-of-way from 60 feet to 35 feet for both road segments and the waiver to exceed the maximum length of a dead-end street. Members were provided a summary of the requested waivers as follows (it was noted that the packet material provided to members incorrectly indicated a 10 feet waiver for the minimum street right-of-way):

            Street Design Standard                                         Required           Proposed           Waiver

             Minimum Street Right-of-Way                              60 feet              35 feet              25 feet

             Maximum Length of a Dead-End Street                400 feet             450^+/- feet         50^+/- feet

Responding to Mr. Link, Deputy Fire Chief Christiansen indicated that there are no concerns with the requested waivers, with the stipulation that there would be no parking permitted on the street.

Mr. Link moved to recommend approval of the requested waivers as recommended by the Planning Commission, seconded by Mr. Davis and unanimously carried.

Request for Subdivision Street Waiver - Parking on One Side - Persimmon Park Place

During their meeting of July 29, 2008, members were advised that Mr. Fred Tolbert, on behalf of the Condominium Association, had requested that the City allow parking on one side of the street for the convenience of the home owners and their guests. Since the street widths in the development are between 20 and 24 feet wide and, in accordance with the City’s Land Subdivision Regulations, “on street parking on one side of the street” requires a 30-foot pavement width or greater, approval of anything less than 30 feet would require a variance and waiver by City Council under Article VII, Section A “Variance and Waiver” of the Land Subdivision Regulations. It was noted that the “Variance and Waiver” section implies a finding and recommendation from the Planning Commission; therefore, the committee recommended referral of the request to the Planning Commission, and requested that they hold a public hearing on the matter.

Members were advised that Persimmon Park Place is located on the south side of Persimmon Tree Lane, east of State Route 1, and that the street waiver request would involve a portion of Persimmon Circle, Carolyn Court, Gordon Drive, Gordon Place, Beth Place, Susan Place, Karen Place, Primrose Drive, and Welch Drive.

Staff provided members with a summary of the Code requirements regarding street widths and how they relate to waivers and variances from the Subdivision Regulations, as well as the report of the Planning Commission, which included comments of the Development Advisory Committee (DAC). Ms. Cornwell, Planner II, advised members that the Planning Commission recommended denial of the waiver request for on-street parking for Persimmon Park Place.

Deputy Fire Chief Christiansen relayed the Fire Department’s opposition to the request, explaining that the issue to be considered is whether public safety should be jeopardized to provide a convenience. He advised members that providing parking on these streets would restrict the movement of emergency vehicles, which could substantially delay their response to an incident that may involve the treatment of a patient. He also relayed his fear that approval of the request would set a precedent in the City.

Mr. Link noted that there is land in the rear of the development that it is on the market and questioned if the City could consider submitting a request to the owner regarding the possibility of making improvements upon one of the lots to provide additional parking. Responding, Mr. DePrima stated that the current owner of the lots is not the original developer of Persimmon Park Place and felt that it would be unfair to request that he consider providing parking to resolve a problem he had no involvement in.

Mr. Slavin advised members that an alternative solution to the parking problem, which was discussed with the residents, was the possibility of allowing them to provide additional off-street parking on their property. Any associated costs would be borne by the residents.

Mr. Davis moved to recommend acceptance of the Planning Commission’s recommendation to deny the requested waiver for Persimmon Park Place, seconded by Mr. Link and unanimously carried.

There being no objections, due to the absence of Chairman Leary, Mr. Slavin stated that item #3 - Update on State Council Transportation Hearing of 9/16/2008 would be deferred.

Mr. Davis moved for adjournment, seconded by Mr. Link and unanimously carried.

Meeting Adjourned at 6:18 P.M.

                                                                                    Respectfully submitted,

                                                                                    Timothy A. Slavin

                                                                                    Acting Chairman

TAS/RMR/TAM/jg

S:ClerksOfficePACKETS2008Council11-10-200810-28-2008 SA&T.wpd