HomeMy WebLinkAboutR-93-0215J+93--�9(b)
1J12�93
RESOLUTION NO . `} 3 — 215
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD AND DENYING THE VARIANCE FROM
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401r SCHEDULE OF DISTRICT
REGULATIONS, C-1 RESTRICTED COMMERCIAL,
PERMITTED PRINCIPAL USES, TO ALLOW 6% OR
4,214 SQUARE FEET OF GREEN SPACE (10% OR
6,958.2 SQUARE FEET MINIMUM REQUIRED) FOR THE
CONSTRUCTION OF A FAST FOOD RESTAURANT
(BURGER KING) FOR THE PROPERTY LOCATED AT
1101 SOUTHWEST 22ND STREET, MIAMI, FLORIDA,
ALSO DESCRIBED AS LOTS 1, 2, 3, 4, AND 5,
BLOCK 62, EAST SHENANDOAH SUBDIVISION, AS
RECORDED IN PLAT BOOK 14 AT PAGE 55 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA; ZONED
C-1 RESTRICTED COMMERCIAL.
WHEREAS, the Miami Zoning Board at its meeting of
January 4, 1993, Item No. 2, duly adopted Resolution No. ZB-2-93
by a seven to zero (7-0) vote, denying the variance as
hereinafter set forth; and
WHEREAS, the applicant has taken an appeal to the- City
Commission from the denial of the variance; and
WHEREAS, the City Commission after careful consideration of
this matter finds that no peculiar circumstances exist which
impair the owner's right to the some reasonable use of the
property, and finds no other basis upon which to grant a
variance;
off CON�ISSIOIE
MEETING OE
MAR 7 5
a�aoa to
93- 215
e,
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NOWt. THRRRFORPIt BB IT RESOLVED $TH Y THE COMMISSION .OF R. CITY
OF MIAMI, FLORIDAs
S®ction 1. The recitals and findings contained in.+th
e
_
Preamble -to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
F
Section.
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Section 2. The decision of the Miami Zoning Board in
_
this matter is affirmed and the request for a variance from
ordinance No. 11000, as amended, the Zoning Ordinance of the City
of Miami, Florida, Article 4, Section 401, Schedule of District
u
-
Regulations, C-1 Restricted Commercial, Permitted Principal Uses,
to allow 6% or 41214 square feet of green space (10% or 6,958.2
_ square feet minimum required) for the construction of a fast food
=
restaurant. (Burger King) for the property located at 1101
�F
Southwest 22nd Street, Miami, Florida, also described as Lots 1,
2, 3, .4, and 5, Block 62, East Shenandoah Subdivision, as
recorded in Plat Book 14 at Page 55 of the Public Records of.Dade
,ry
County, Florida; zoned C-1 Restricted Commercial, is hereby
denied.
Section 3. This Resolution shall become effective
immediately upon its adoption.
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-2- 9 3 - . 215
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ZONING FACT SHEET
LOCATION/LEGAL 1101 SW 22 1treet
Lots I , , 4, 8 S. Block 62, EAST SHENANDOAH SUBDIVISION (14.55) PRDC
APPLICANT/OWNER Jose Valle Mario Flores, Burger King Coro.,
Gull House !4 Ltd Partnership = Agent
7$ Valencia Avenue 17771 Old Critlff-600d, 4S Real
Coral Gablos, Florida Mi�sei, Florida 3315
378.3130,
ZONING C•1 Restricted Comorciat' 2
REQUEST Variance from Ordinance Md. 110001' as ascended, the Zoning Ordinance of the City 0i4
Miami, Article 4, Section 401, Schedule of District Regulations, C•1 Restricted
Comercial, Pervitted Principal Uses, to &I low ft or 4,214 s4. ft.'ol green space
'(104 or 8,958.2 sq. ft. sinisus required) for. the cohstructio'Of a fiast food
restaurant (Burger King).
RECOi WROATIONs:
PLANNING, BLDG 8 ZONING Approval with conditions.
PUBLIC VORKS See attached.
PLAT AND STAW N/A
WE COUNTY TRANSPORTATION No Covent.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing bate: N/A Found: N/A.,,
Violation(:) Cited: N/A
Affidavit'04 Non-Compilance issued on: N/A
Lien Recorded on: N/A Total Fines To Date: N/A
Consents: N/A
HISTORY
ANALYSIS The triangular shape of this small parcel coupled with the greenspace requirement belrg
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based 00 gross lot AM, and the location of the subject property at the intersection of
- three wide :treats, does present a hardship to the applicant in providing the required
green spm for the proposed fast food restaurant. Reasonable use of the subject property
cannot be achieved without the reduction of required greenspace. The Planning, Building
and Zoning Department recosasnds approval with the follaering conditions: 1) additional
landscape materials (i.e. trees and shrubs) should be placed on the green space which is
going to be provided; 2) the submitted plans should be amended to reflect the correct
parking raquirasent information; and 3) the menu board for the southern drive thru we
should be relocated a few feet to the north wst so es to avoid confusion alorq the win
vehicular line leading up to the windows.
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93.. 215
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AP1IL+CATI01! N1 ER 93• 9S January 4, liil93
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ANALYSIS OR PROPOSED VAAIA#CE
APPLICATION HUMP 93- 95
Yes sib e/a
X
Special Conditions end circuastances exist which are
peculiar to the land, structure, or buiidinc involved
and which are not applicable to other lands, structures, or
buildings in the sane zoning district. `
X
The special Conditions and circuoatances are to indirect
result from the actions of the petitioner.
X
Literal interpretation of the provisions of, Zoning Ordinance
110W deprives the applicant of rights commly enjoyed by
other properties in the saw coning district under the t*M
of this zoning ordinance and works ummesssrv, and undue `
hardship on the petitioner.
X
granting the variance requested conveys the Sam treatment
to the individual omer as -to the owner of- other lands,'
buildings, or strdctures in the Sams zoning district.
X
The variance, if granted, is the aini&A variance that sakes
possible the reasonable use of theland, building, or
structure.:
X
The grant of this variance is in harnea W with the general ...
intent and purpose of this zoning., ordinance and is not
injurious to the neighborhood, or otherwise datrio ntal to
the public welfare.
JWW7 t, M HOW 2
►ap a/
93— 215
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Mr, Arsenio Milian offered
Resolution and moved iti adoption.
the following
RESOLUTION ZB 2-93
AFTER CONSIDERING THE FACTORS SET FORTH
IN SECTION 1903.1 OF ORDINANCE 11000,
THE ZONING BOARD DENIED THE VARIANCE
FROM ORDINANCE NO. 11000, AS AMENDEDs
THE ZONING ORDImcc OF THE CITY OF
MIAMI, ARTICLE 4, SECTION 401, SCHEDULE
OF DISTRICT' REGULATIONS, C-1 RESTRICTED
COMMERCIAL, PERMITTED PRINCIPAL USES, TO
ALL0W 64 OR 4,214 SQUIRE FEET OF GREEN
SPACE (104 OR 6,938.2 SQUARE FELT
MINIMUM REQUIRED) FOR THE CONSTRUCTION
OF A FAST FOOD RESTAURANT (BURGER (KING) .
FOR THE PROPERTY LOCATED AT 1101 SW 22
STREET ALSO DESCRIBED AS LOTS 1, 2, 3,
4, AND S, BLOCK 62, EAST SHENANDOAH
SUBDIVISION (14-55) PUBLIC RECORDS OF
DADS COUNTY (PRDC).
Upon being seconded by Mr. George Barket the
motion was passed and adopted by the following vote:
AYES: Ms. Basila and Morales
Moran-RibeauA, Sanda, Milian,
Barket and. Foic
NAYESs None.
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e amount of land which was d�pdi+ested r'N u* ju p ,ys o tie
tu: itin landscaping. stacking of puking
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.���..� . ~ 93- 21a
x,x
STATE OF FLORIDA
COUNTY OF DARE
I, MICHAEL H. MARVIN, Assistant Secretary of BURGER RING
CORPORATION, do by these presents hereby make, constitute and
appoint Mario Flores of the County of Dade and the State of
Florida, true and lawful Attorney in Fact for me and in its name,
Place, stead, to represent Burger King Corporation in all
construction related and permitting transactions.
Grantinq and givinq unto said Attorney in Fact, full authority
and power to do and perform any and all acts necessary or incident
to the performance and execution of the powers hereinabove
expressly granted, with power to do and perform all acts authorized
hereby, as fully to all intents and purposes as the Grantor might
or could do if personally present, with full power of substitution.
IN WITNESS WHEREOF, the undersigned has executed these
presents on this 15th day of December* 1992, in the City of Miami,
State of Florida.
WITNESS:
BURGER KING CORPORATION:
BY:OIL..
Assistant Secretary
STATE OF -PLOP%A
COUNTY 006ibE
The foregoing instrument was acknowledged before sae this 15th
day of December 1992, by MICHAEL s. MARviN, as Assistant Secretary
of BURGER KING CORPORATION, a Florida corporation, and is
personally known to me and severally acknowledged to and before me
that he executed such instrument as such Assistant Secretary of
said corporation and that' the seal affixed to the foregoing.
instrument -is the corporate seal of said corporation, and that it
was affixed to said instrument by due and regular corporate
authority,- and that said instrument is the free act and deed of
said corporation.
( SEAL)
M M:djc
12/15/92
POA
Notary Puklic
�Maiji uLP
Name; I��.,Y.O...M�...�
My•Comissioa Expiress
WTA" M KIC SM OF FUM M
W MISSION IV. AM I JN3
MW T11R41 WffA4L INS. Va.
93- 215°
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s , - DEPTMEN Off` Tit
Submitted into the public
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record in connoct on with
Mr.':<Mario Flores, Construction Manager' at [[yya
Burger King ..,: City Clerk:
w�
P..0 = Box 520783, GMF
Miami', Florida 33152
bear Mr. Flores:.;
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SUBJECT:. Section 87054, State Road 972, S.W. 3 Avenue
-Proposed Burger King @ Five Points Corner
The Department has'reviewed the traffic study submitted on February 19, 1993,
for -the subject site and has the following comments.
In November, 1990, the Department accepted a professional engineering report
as an authority by which trip generation for drive -through only restaurants
could be'established.• Trip generation characteristics appear to be related to
the number of -.drive -through lanes and the site as a whole instead of the size
of the building. Your particular study conducted in February 1993 supports
findings consistent with the above -mentioned report.
Three site plans were presented to the Department as possible alternatives.
The site plan whose connection is closest to S.W. 32 Street Road could be
permitted as it maximizes the site's storage area and does not cause
conflicts between the parking area and vehicles entering and exiting the
site. It is recommended that the order board for the inner drive -through
aisle be moved closer to the restaurant so that vehicles placing orders do not
block both queuing areas.
The enclosed dri�reiway connection application ' is to be filled out in
quadruplicate, with the original signature of the property owner or his
authorized representative on each. The enclosed Supplemental Form and
Checklist .is to be filled out in its entirety. Four site plans, all
signed and sealed by a Professional Engineer, a copy. of the warranty
deed for the site, and a cashier's check or money order for the application
fee must also be submitted. The plans are to show removal of all existing
drop curb along the frontage of S.W. 3 Avenue and replacement with, sidewalk
and curb and gutter. Driveway details are to be consistent with Standard
Index 515 (copy enclosed).
A performance bond is also needed for those connections serving properties
with expected daily traffic over 1000 vehicles per day. While the bond
itself is needed just prior to permit issuance, a signed and sealed
engineer's estimate for work within the Department's right-of-way is required
at the time of application.
93- 215
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lbc: i�Leria Flores
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March 1 1993
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a ra
page -t o
is de veioptneat
4
the State Highway System and proposing
fi DaitLage
site abuts
Because Your grades it is subject to the. Departaaent'
s of existing g be addressed
ddrainage
k�1
"change Permit
questions related to drainage may
A copy
AnY',
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Rule.
Carter, Draitlag a Engineer, at 470-5372.
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application is enclosed for your use.
further questions, please contact this office.
`
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If you have any
Sincerely,
Ingr d H. Leuchtenmueller
District Permit Engineer
R. Garcia, D. Burke, M. Hidalgo, A. Pardo,"
-
cc I antana,
G. Pego, R. S
ti
S. Ventura, file
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TABLE OF; CONTENTS.'.
INTRODUCTION `
Study, Scope
EXISTING CONDITIONS
Roadway Geometry
Signal Timing and Phasing
Traffic Volumes
SITE TRAFFIC CHARACTERISTICS
Trip Generation
Trip Distribution
i
ANALYSIS
Capacity Analysis
Queue Analysis
CONCLUSIONS
APPENDIX
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Liat of Fis<ureai
1. 'Intersections Configurations
_
Z , Ekisting Conditions
Site'TrafFic �4ssimant
_ .
4. Total Traffic
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Submitted into the publie
record in connectionutZi
.
itejoct -1
Peon al
, gtty,. Hirai
-
' City Cierk
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9321
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INI TRObUC7` ON
The Burger King Corporation proposed: to develop a 1,038 square foot fast food
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restaurant cornprised solely of drive through service. The site is located in the south east
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quadrant of the intersection of Coral Way, S.W. 3rd Avenue and S.W. 12nd Avenue; this
intersection is otherwise known as Five Points Corner. The site is bounded by S.W. 32nd
Street on the east, S.W. 22nd Street on the south, S.W. 3rd Avenue (Coral Way) to the
north. The site was previously occupied by a service station which has been closed and
abandoned for several years. Barton-Aschman Associates, Inc., was retained by the Real
Estate Division of the Burger King Corporation to conduct a traffic impact analysis for the
proposed development.
1
The study was requested by the Florida Department of Transportation, to support
the application'for a driveway permit on S.W. 3rd Avenue. The site, as laid out for the
restaurant, has two driveways: one on S.W. 3rd Avenue and the second an S.W. 22nd Street.
The site plan for which this study has been completed, proposes an exit only driveway on
S.W. 22nd Avenue and a right -in right -out driveway on S.W. 3rd Avenue.
Study Scot
The study scope was limited to the proposed project's impact on adjacent roadways
and intersections. Submitted into the public
record in connection with
The analysis undertaken for the study included:
Pa a 1 2 on
item ..j"
Matty circa
2 City Clerk
93- 215
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o bate Collection. P.M peak hour counts were conducted between 4,.00 p.m. and 6:00
_
p.m. at the intersections of S.W. 3rd Avenue at S.W. 32nd Street, S.W. 32nd Street- .
at S.W. 22nd Street, and Five Points Corner, on February 9 and 101993. In addition ,
24-hour machinecounts were conducted on February Sth east of S.W. 32 Toad on
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S.W. 3rd Avenue and east of S.W. 13 Avenue on S.W. 3rd Avenue.
{=
o Tlip Genngratignn and Distribution. Trip generation for the proposed development
was based on the institute of Transportation Engineer's Trip!Ueneratiorl report, fifth
edition and from data collected from a nearby fast-food restaurant. The trip
distribution was based on the Dade County MUATS model for TAZ 727.
0 ®nalysis. The signalized and unsignalized intersections and site driveways were
analyzed using the methodology of the 1285 Highwuy Cam- CAI. In addition,
a queue analysis was completed for the both proposed driveway on S.W. 3rd Avenue,
to determine its depth requirement. Submitted into.the public
record in connection with
item PZ - on 6 �' 3 ,
EXISTING CONDITIONS Matte Hirai
. Cit Clexk
A survey of the ex ,
►sting conditions of the roadway crass -section, m rsection
i
z geometries, and traffic volumes was conducted on February 9th and 14th. The results of this
i
survey are summarized below.
Roadway_ Geometry
Coral Way (S.W. 22nd Street) is a four lane divided, east -west arterial from S.W.
3 93- 21:
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'X'raf'lcd� Mum -
Based on the Field data, it was determined that the P.M. peak hour occurs between. -
4:00 P.M. and 5:00 P.M. The actual count data is contained in the appendix of this reparta }3+
The results of the P.M. peak. hour capacity analysis showed that the Five: Points, �-
Corner is operating at LOS F. The unsignalized intersections of S.W. 22nd Street and S.W. 3=
S
= 32nd Road are operating at LOS A and LOS D rei ore 2 summarizes the
_ ento the obit
• h�
_ public
existing PM Peak Hour volumes. ?eL.ord in connection with
_ item , " ! on
SITE TRAFFIC CHARACTERISTICS lVlattp .cLi
= Citg Clerk
The proposed development program envisions a fast food restaurant with a total
building area of 1,058 square feet. This facility will operate solely as a drive -through`.
restaurant with two service windows.
T7do Generation
The ITE Trip Generation report does not offer trip rate information for this
y
particular land use. Barton-Aschman conducted a survey at the drive through of a"fast food
restaurant (Burger Icing) located just west of the site on Coral Way to determine- the
number of trips it generated. This survey is included in the appendix..
i
• The cardinal directions of approach for the site were obtained from the Metropolitan
Dade County Public Works Department • Traffic Review Division. Based an the Miami
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Urbanized Area Traffic Study (MUATS) Model, the percent of the site traffic to and from
a
the eight cardinal directions are as follows:
NNE ENE ESE SSE SSW WSW WNW NNW
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27927 1Z86 0.08 0.41 4.91 1&26 14.91 21.29
The eight MUATS percentages were combined to develop four percentages for
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assignment of trips to and from the east and west (S.W. 3rd Avenue), the west (S.W. 22nd
Street), and the south (S.W. 12th Avenue). Figure 3 shows. these percentages and the PM
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peak, hour site trips assignment. The percent distribution of trips to the driveways is
contained in the appendix of this report. Submitted into the public
record in connection with
item • t on 3
,
ANALYSIS
Mattg Hirai
=
The capacity and queue analysis conducted for the site was base6!Wt1Q of the
existing traffic to the site's traffic. The volumes, used in this analysis are, summarized in
Figure 4.
CaRgdjv Analysis
Signalized and unsignalized capacity analyses were conducted for the two site
driveways and the intersections of Coral Way at S.W. 32nd Road, S.W. 32nd Road at S.W.
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22nd Street and the. Five Points Corner. The Five Points Corner intersection was analyzed
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93- .215
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the intersection therefote the following configuration was used in the analysis:
'North Approach = Southbound S.W. 12th Avenue
East Approach Westbound S.W. 3rd Avenue
South Approach = Eastbound S.W. 3rd Avenue
West Approach _ Eastbound Coral Way
The results of these analyses are provided below and the worksheets are contained
in the appendix of this report.
- Submitted into the public l
record in connection., with
- Coral• Way at S.W. 32nd Road LOS D
item - 12
on i
SXW 32nd Road at S.W. 22nd Street LOS A �Mattp Hirai ,
Five: Points Comer Intersection LOS F
City Clerk
Northern Coral Way Site Driveway LOS D
Southern S.W. 22nd Street Site Driveway LOS A
The capacity analysis for the site drivev`'ays indicate that they will operate with little
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or no effect to the adjacent roadway system. A minor delay is experienced in the north a)dt
driveway on S.W. 3rd Avenue, but the exiting volume is low enough so as not to warrant a
concern for the operation on S.W. 3rd Avenue. Traffic exiting the site will be able to use
gaps in traffic created by the Iow through volumes on S.W. 3rd Avenue and the split phasing
at Five -Points Corner.
93-- 215.
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QUEUE ANALYSIS.
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Matte Hirai
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Queue analyses were calculated for the internal queue on OysielegI for the
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proposed S.W. 3rd Avenue site driveway.
Service Queue—
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The data collected from the existing restaurant was used in determing the service time
for each vehicle and the number of vehicles using the drive through during a peak hour.
These values were in turn used in the calculation for determining the internal queue. The
calculations which are based on the queuing theory models for a multi -channel queue. The
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formulae for these calculations were obtained from ITE's publication Tran.%Vgrtation and
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L=JDevelo2ment.198& (p.227).
The queue storage required during the P.M. peak hour for the drive through was
calculated to be two vehicle lengths. The mean wait time in queue was calculated to be 2.08
minutes, this is the time required to process each car through the system. Since only two
vehicle lengths (40 feet) are required there is sufficient on -site storage so that the site will
not experience problems with overflow of vehicles onto S.W. 3rd Avenue. These calculations
are included in the appendix of this report.
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Exit Queue
_
The northern site driveway which exits onto S.W. 3rd Avenue was analyzed to
determine if any delays occur exiting onto. S.W. 3rd Avenue during the P.M. peak hour.
,
Since the proposed depth of the driveway is 50 feet (from the edge of pavement to the
drive through windows), the purpose of the analysis was to determine how many vehicles
s 93- 215
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would be queued at this driveway at any opt' time.' If a queue of moire than two, cars
develops at this driveway for an extended period of time a delay will occur in the eiltire
_
al -
system.
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Calculations for this analysis were based on queuing theory models for single channel
`=
queues. Calculations were preformed for the probability of n units in the system and the
trt
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average. wait time. The formulae for these calculations were obtained from the ITE
'3's
Transportation and Traffic Engineering , 1976. (p.304).
_
The results of this analysis was that there is a four percent chance that two cars will
be in queue at the same time during the P.M. peak hour. The chance of there being more
than two cars queue at any one time is significantly less than four percent. Thus, since the
probability is that there will never be more than two cars in queue, the 50 foot storage
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length is sufficient.
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In order to verify this analysis, the average waiting time for a car in queue was
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calculated and the result of this analysis indicates that the average waiting time for exiting
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vehicles would be approximately five seconds this is sufficient time for the vehicles to exit
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onto S.W. 3rd Avenue. Since the service rate of each window is Z08 minutes, there will not
be a significant delay for vehicles within the site. These calculations are included the
appendix of this report. Submitted into the public
record in connection with
e
item P2 • on
CONCLUSIONS _
Matty Hirai
_
City Clerk
There are a number of site plans under conWeration. This analysis is based on the plan which would
provide the least amount of stmas space.
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The site, as proposed, does not significantly impact the adjacent roadway system. The
proposed driveway on S.W. 3rd Avenue will operate well within the hounds of accepted
standards, and will not cause further degradation on the quality of traffic flow along the
facility,
Upon review of the four alternative site plans which were submitted for Barton• }f
Aschmans' teview, it was determined that the best possible layout for the site is the plan in
which is a single curb --cut opening on the middle of the site, providing right -in right -out
movement onto S.W. 3rd Avenue and a single curb -cut opening on the western portion of
the site providing exit only onto S.W. 22nd Street. Ills site plan will not cause any delays
to the Five Points Corner intersection.
Subrnitted into the public
record in connection arfth
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