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Hearings Official Decision
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Last modified
8/8/2018 2:30:53 PM
Creation date
8/8/2018 2:30:49 PM
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Template:
PDD_Planning_Development
File Type
WG
File Year
18
File Sequence Number
3
Application Name
Lombard Apartments
Document Type
Hearings Official Decision
Document_Date
8/7/2018
External View
Yes
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EC 9.8445(4)(f)(2) requires that access from a public street to a development shall be <br />located in accordance with EC 7.420 Access Connections. EC 7.420(3)(i) provides that the <br />proposal must comply with EC 9.6780, which provides: <br />“Vision Clearance Area.Development sites shall have triangular vision <br />clearance areas on all street corners to provide for unobstructed vision consistent <br />with American Association of State Highway and Transportation Officials <br />(AASHTO) standards. (See Figure 9.0500 Vision Clearance Area). Vision <br />clearance areas shall be kept free of all visual obstructions from 2 ½ feet to 9 <br />feet above the curb line. Where curbs are absent, the crown of adjacent streets <br />shall be used as the reference point. These vision clearance requirements may <br />be adjusted if consistent with the criteria of EC 9.8030(11) of this land use code.” <br />(Emphasis added). <br />Opponents argue that the triangular vision clearance areas on the corners of Lombard Street <br />and Fir Lane are inadequate. The intersections opponents complain about are not part of or adjacent <br />to the subject property – they are a block or more away from the property. EC 9.0500 defines <br />“development site” as: <br />“A tract of land under common ownership or control, either undivided or <br />consisting of two or more contiguous lots of record. For the purpose of land use <br />applications, development site shall also include property under common <br />ownership or control that is bisected by a street or alley.” <br /> As the applicant’s traffic engineer explains, “development site” does not include off-site <br />intersections. As the July 12, 2018 memorandum form Public Works further explains, EC 9.0500 <br />defines “vision clearance area” as: <br />“A triangular area within a lot immediately adjacent to the intersection of streets <br />to provide a clear area for viewing approaching traffic for public safety purposes. <br />For the intersection of 2 improved public rights-of-way, the vision clearance <br />area is the triangular area of the lot at the intersection of two lot lines. At the <br />intersection of a public street and a private street, the vision clearance area is the <br />triangular area of the lot at the intersection of the lot line and each edge of the <br />street. For all vision clearance areas, the apex is located at the intersection of the <br />two 35 foot legs, extended if necessary. The base of the triangle extends <br />diagonally across the lot intersecting the two legs an equal distance from the <br />apex.” <br /> The development will be creating an access point on River Road and the Lombard Street <br />extension, but it will not be creating any new intersections. Therefore, EC 9.8670 is not applicable <br />to the application. The applicant will provide adequate vision clearance area for the access points <br />Hearings Official Decision (WG 18-3/SR 18-3/ARA 18-8) 16 <br /> <br />
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