HomeMy WebLinkAboutA003 - Planning and Zoning Commission Memo dated April 2, 2015 Atr1k Ames
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TO: Diane Voss, City Clerk
FROM: Charlie Kuester, Planner
DATE: April 2, 2015
SUBJECT: Subdivision Text Amendment Pertaining to Sidewalks, Improvement Guarantees, and
Street Lights
The Planning and Zoning Commission took action on the above-mentioned amendment to the Zoning
Ordinance at its meeting of April 1, 2015.
The City Council will be reviewing this proposed amendment at its meeting of April 14, 2015
I have attached a copy of the Commission Action Form dated April 1, 2015.
Please contact me at extension 5400 if you have any questions regarding this agenda item.
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Attachment
S:\Planning.Dep\PLAN_SHR\Council Boards Commissions\PZ\Letters&Memos\2015\Memo to Clerk Subdivision Ordinance Text Amendments 4-1-15.doc
ITEM # 9
DATE 04-01-15
COMMISSION ACTION FORM
SUBJECT: SUBDIVISION ORDINANCE TEXT AMENDMENTS REGARDING
SIDEWALKS, IMPROVEMENT GUARANTEES, AND STREET LIGHTS
BACKGROUND:
The City Council directed staff to review right-of-way improvement requirements and
received a staff report on February 24th for options to pursue text amendments. Council
then directed staff to prepare text amendments to the Subdivision Code and prepare a
separate ordinance for right-of-way improvements related to site development,
regardless of whether there is an associated subdivision. The issue being considered by
the Planning and Zoning Commission are subdivision text amendments limited to
requirements for sidewalks on both sides of all streets, widening the width of sidewalks
to five feet, related issues for the timing of sidewalk installation and improvement
guarantees, and installation of street lights along abutting rights-of-way.
The City's current subdivision regulations require sidewalks to be installed on both sides
of streets in commercial and residential zoning districts. Industrial zoning districts
currently require sidewalks at a minimum of one side of the street only. There are
two concerns with these limited expectations in industrial areas. First, staff believes
there is value to a more inclusive approach to transportation modes that would benefit
by having sidewalks on both sides of the street. This would further an effort for more
"complete streets," better safety of pedestrian circulation, convenience of access to
nearby business and services, and access to transit.
Secondly, administering ADA compliance requirements based upon the 2010 standards
for accessible design that went into effect in 2012 has been challenging. Zoning
requirements to connect building entrances to the street with a walkway and a
requirement for there to be an accessible route in the right-of-way or to cross the street
have made it confusing for applicants and for staff management of right-of-way.
The City's subdivision regulations require public sidewalks in the right-of-way to be 4
feet in width. Yet, the Zoning Ordinance requires private sidewalks to the main entrance
of a building to be 5 feet. Staff has found that in some instances, due to ADA
requirements, a 5-foot public sidewalk is needed in some locations depending on the
overall length of a sidewalk and cross slope. A 5-foot walk meets all ADA width
requirements without the need for turn out areas. A 5-foot walk width also provides
more pedestrian comfort when walking with other people or passing other people.
Typically the right-of-way has 13 feet beyond the curb to the property line to
accommodate a sidewalk, sidewalk buffer, and a planter strip for street trees. Staff
does not propose increasing the right-of-way width for the wider sidewalk, but instead to
lessen the planting area for street trees to 7 feet. Five-foot sidewalks would apply to all
types of subdivisions.
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The current City standard has been to require street lights within new subdivision, but to
not consider abutting existing streets as being within a subdivision. Often street lights
have not been required which sometimes result in later installation at city costs in
response to demands by new occupants of an area. This issue applies to most areas
that have existing roadways that have not intensified with development. Examples
would be SE 161h Street, State Avenue, George Washington Carver, Mortenson Road,
and 190th Street (See attached). Staff believes that strengthening the language on
when street lights are required will clarify the expectations that new development will
provide the same infrastructure adjacent to a development that serves the development
as within a subdivision. This change would apply to all types of subdivisions, including
single-family residential.
The City's regulations on the installation of required public improvements state that all
infrastructure shall be installed at the time of final plat approval. Alternatively, financial
security and an installation agreement can be provided to ensure that the improvements
are installed within two years of final plat approval. In practice, though, sidewalks and
street trees have not been secured with financial security or held to the two-year
installation window. Their installation has been tied to the occupancy of the building on
an individual lot. This sometimes results in gaps in the sidewalk system that may last
several years. Staff recommends changes to clarify the expectations for installation are
tied to the subdivision improvements more than the building permits for each lot.
Proposed Amendments
Staff recommends that the following four text amendments apply to any final plat filed
for preliminary plat approved after January 1, 2015. Staff does not recommend
extending the requirements retroactively to preliminary plats approved prior to this year
as investments and expectation have already been set. However, no Preliminary Plat
have been approved yet this year and no one has made infrastructure investments for
new plats that could not accommodate these changes. The first subdivision likely to be
affected by the amendments is the pending Quarry Estates Subdivision in the North
Growth Area.
The amendments below address the issues identified above. The amendment to
Section 23.403 (13) explicitly requires the installation of street lights on interior as well
as adjacent streets.
The amendment to Section 23.403 (14) requires five-foot sidewalks on both sides of the
streets—there is no special dispensation for industrial zones. The amendment also
requires sidewalks greater than five feet if needed to match adjoining sidewalks. This is
important in commercial areas where wider sidewalks have been planned or installed.
And the amendment to Section 23.409 (4) will require sidewalks to be installed the
earliest of 1) two years following final plat approval, 2) when occupancy of a principle
structure is sought, or 3) when 50 percent of the lots on a block face have sidewalks
installed.
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Section 23.403. STREETS
(13) Street Lights: Street lights shall be installed at the subdivider's expense and according to
design and specification standards approved by the City Council and after approval of the
municipal utility. Street lights shall be installed along any streets within the subdivision and
along any abutting street frontage.
(14) Sidewalks and Walkways:
(a) Sidewalks and walkways shall be designed to provide convenient access to all properties and
shall connect to the City-wide sidewalk system. A minimum of a five€wdf-foot wide concrete
sidewalk shall be installed in the public right-of-way along each side of any street within
r-esidentially and eommefeially zoned areas and along at least one side of afty stfeetwi
If sidewalks on adjacent property are greater than five feet,the
subdivider shall install sidewalks to match. If constraints exist that preclude installation of a
sidewalk within the public right-of-way,the subdivider shall install the required sidewalk on
adjacent land within a sidewalk easement. All required sidewalks Stieh sidewalk-shall connect
with any sidewalk within the area to be subdivided and with any existing or proposed sidewalk in
any adjacent area. nr-equir-ed sidewalk shall be , ns...ueted of eene-ete and be at best f,,
feet wide-.
See. 23.409. IMPROVEMENT GUARANTEES.
(1) The subdivider shall file a bond with the City Clerk in an amount not less than the certified
estimate of the Director of Public Works for the cost of constructing or completing any
improvement required under this section that has not been installed and accepted by the City
prior to final plat approval. Such bond shall be retained by the City Clerk until any such
improvement is completed and accepted by the City, as a guarantee that the work will be
completed in an acceptable manner within the time specified in any agreement between the
subdivider and the City. The time frame for installing improvements required for the approval of
the subdivision shall not exceed 2 years from the date of approval of the Final Plat. Additionally,
the term of the bond shall be for a period of time equal to or longer than the time specified in the
Improvement Agreement.
(2)The subdivider shall apply in writing to the City Council for any extension of time for
completing any improvements and the City Council shall provide notice and an opportunity for
comment from any purchaser of any lot in the area subdivided before acting on the subdivider's
application. The City Council shall grant such extensions in increments of not more than two
years but in any event only if there shall be no unreasonably adverse effect on persons who
purchased lots in the area subdivided in reliance on timely completion of any improvement.
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(3) The subdivider shall file a new bond upon the granting of an extension of time in an amount
based on any revised estimate of the cost of completing any improvement.
(4)Notwithstanding the two year time frame for the installation of required infrastructure(and
any subsequent extensions granted by the City Council) the subdivider shall install any sidewalk
adjacent to a property on which a principle structure has been built and prior to occupancy of
said structure. In addition all remaining, sidewalks shall be installed by the subdivider when 50
percent of the lots on a block face have been installed. A block face consists of one side of a
street between two intersecting streets or between an intersecting street and the end of a cul-de-
sac.
ALTERNATIVES:
1. The Planning & Zoning Commission can recommend that the City Council adopt the
proposed amendment to Chapter 23 Subdivision Regulations.
2. The Planning & Zoning Commission can recommend that the City Council deny the
proposed amendments.
3. The Planning & Zoning Commission can refer the proposed amendments to the
zoning ordinance back to staff for specific further information or for further options.
RECOMMENDED ACTION:
The proposed amendments improve accessibility and safety of the public by requiring
sidewalks on both sides of the streets in all zoning districts. They also improve
compliance with ADA accessibility by increasing sidewalk widths to 5 feet. They also
clarify the requirements for the placement of sidewalks on streets adjacent to new
subdivisions and not just within the subdivision.
within two ears is significant in
The amendment requiring the installation of sidewalks
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that it returns the City to the requirements of the subdivision regulations. While past
practice has allowed the developer to forego posting security for sidewalks, the
subdivision regulations require any infrastructure not installed by the time of the final
plat to have financial security posted. Those regulations also require that the missing
infrastructure be installed within two years. The only new piece that this amendment
proposes is that once sidewalks are installed on 50 percent of the block face, then the
subdivider needs to finish the sidewalk installation on that block face.
An interested parties list was formed prior to the Council meeting on February 24'n
Staff has posted Council's direction with updates on the "What's New" section of the
Planning Division's webpage and provided email updates of new information. No
comment has been provided on the draft Subdivision Amendments at this time.
Therefore, it is the recommendation of the Department of Planning and Housing
that the Planning and Zoning Commission act in accordance with Alternative #1,
which is to recommend that the City Council amend Sections 23.403 and 23.409
as shown above.
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Map of Underlit Streets 2014
71
Lol N I1u\Ol
I\bI RLl'I tilltl ll�
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Summary of Infrastructure Requirements with Subdivision
Yes Yes If shown on None Internal to Yes No Yes
adopted development
plan of (no arterials)
LRTP
Yes No If shown on None Internal to Yes No Yes
adopted development
plan of (no arterials)
LRTP
One side of No If shown on None Internal to Yes No Yes
street adopted development
plan of (no arterials)
LRTP
'References to bike facilities are inconsistent with current terminology and includes references to an adopted bicycle plan
that is no longer in place,making requirements ambiguous at times.
INFRASTRUCTURE COST ESTIMATE RANGE
Item Private cost City cost
4' sidewalk per linear foot $25 $40
8' asphalt shared use path per linear foot $25 $50
Street tree $200 same
Standard street light $2,000 same
LED street light $2,500 same
35 sq ft bus stop ad $200 $400
30" curb and gutter $15 $30
One lane of pavement per linear foot (HMA) $65 $100
Sidewalk detectable warning per square foot $25 $40
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