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. . October 4, 1993 Plan Commission Meeting Minutes Page 3 9. The roadway shall be marked with a double yellow center line and posted with signs indicating "No Passing." 10. University City Police shall be authorized to patrol the roadway and enforce posted traffic regulations. Mr. Gordon Lyons of 11420 Lackland, St. Louis, MO 63146, explained Schnucks' objections to several items in Mr. Goldman's memo. Schnucks would prefer to have the sidewalk partially on the west side of the road in order to save the evergreen trees on the east side of the road. They do not feel the pavement should be widened because it will cause physical problems, maintenance problems and will encourage people to drive faster. Further, the right-of-way is only a total of thirty feet wide and the west edge of the existing road is on the west line of the road right-of-way. In order to provide as much space as possible betweeen the walk and the road, Schnucks planned to locate the sidewalk to the west in the light-rail right-of-way. The concrete curbs are also unnecessary because Schnucks is providing the curbs toward the front entrance and sloping them down to ground level a couple of hundred feet inward. Curbs on the full length of the access road would create the illusion of the road being even narrower and would probably cause drainage problems. There is not any evidence to support the condition that left turns should be prohibited from 4 - 6 p.m. Rick Kacenski, of Austin Tao and Associates, Schnucks' landscaping consultant, reviewed the landscaping plans. Bill Bunte, of Crawford, Bunte, etc., Schnucks' traffic consultant, stated that additional studies have been performed. The study concluded that a person on the access road has approximately six to twelve seconds of viewing time from when they first see someone approaching from the off-ramp of northbound 1-170 to Delmar. An average of 140 cars per hour were observed exiting and turning right into Delmar. Mr. Bunte also stated that research has shown that design standards of 10' wide lanes are appropriate for a non-arterial road with low traffic like the access in road in question. Gerald Ortbals, attorney for Schnucks, stated that he was confident that the City had police power to enforce traffic regulations on the roadway with or without condition #10. He objects to condition #6 because it is too vague and is based upon uncertain future conditions. The conditions on a conditional use permit are supposed to have a factual basis; #6 does not. If circumstances change drastically enough, Schnucks will have to ask for an amendment of the conditional use permit or the City can use their police powers to invoke change. Ms. Ratner stated that she agrees that #6 is vague but that this permit runs with the land and each condition must take into consideration the possibility of change. The shopping center is not even full yet and people may not have found the store yet. Ms. Peniston asked if the landscaping would affect the visibility at the entrance on Delmar. Mr. Lyons stated the plantings will be setback far enough not to affect visibility. m-10-4.plc