Deviation from access spacing standards may be permitted as follows:
(a) Minor Deviation Request. Minor deviations of 10% or less of the allowable connection spacing standard may be authorized by the Planning Commission where a property is otherwise unable to meet the minimum connection spacing standards and where this deviation would not create a safety problem on the public roadway. The Planning Commission may consider the request and may approve, approve with conditions, or deny the minor deviation request.
(b) Major Deviation Request. Requests for major deviations of greater than 10% shall be reviewed by the Planning Commission. The Planning Commission shall request a review and technical recommendation from the City Engineer relative to the deviation request to assist in the evaluation on the merits of the request. The Planning Commission shall consider the request and may approve, approve with conditions, or deny the major deviation request based on a showing of the standard of review in Section 1270.10(B)(2) herein.
(1) Application Requirements. Applicants requesting a major deviation from these access spacing standards must submit an access management plan to the Planning Commission for consideration and a traffic impact study shall be required at the expense of the applicant to assist in these determinations. At a minimum, the access management plan must:
A. Encompass a study area defined by the length of the site's frontage plus the distance of the applicable connection spacing standard, measured from the property lines.
B. Include a review of both existing and future access for all properties within the study area.
C. Include a justification for the requested deviation. The justification must address how the proposed plan advances the principles of access management consistent with the stated goals and intent of these access management regulations and, where a major deviation is being sought, the justification must clarify why development of a unified or shared access and circulation system is impractical.
(2) Access Spacing Modification Requirements. After a review of the applicant's request for a Major Deviation Request, the Planning Commission may modify access spacing requirement if all of the following conditions have been met:
A. A shared use driveway will be constructed to serve 2 or more abutting building sites;
B. The building site is designed to provide cross access and unified circulation with abutting sites with cross access easements provided in accordance with Section 1270.04; and
C. The property owner executes an agreement to close any pre-existing curb-cuts that do not meet the requirements of these access management regulations after the construction of both sides of the shared use driveway, and agrees to enter into a joint maintenance agreement defining maintenance responsibilities of property owners that share the joint use driveway and cross access system.
(Ord. 01-2018. Passed 1-18-18.)