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HomeMy WebLinkAbout02-07-2008 Planning and Zoning Commission PLANNING AND ZONING COMMISSION Thursday, February 7,2008 - 5:15 PM Work Session Iowa City City Hall Emma J. Harvat Hall 220 S. Gilbert Street AGENDA: A. Call to Order B. Discussion of draft Subdivision Regulations C. Consideration of Meeting Minutes: January 17, 2008 D. Adjournment Informal Formal City of Iowa City MEMORANDUM Date: February 1,2008 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Draft subdivision code Attached are staff recommended revisions to thc City's subdivision code. The attached draft is a redlined version of the subdivision code with suggestions for deletions shown with strikethrough notation and newly proposed language shown with underlining. The proposed changes to the subdivision code are intended to: . Update subdivision standards to reflect comprehensive plan goals by including street connecti vity standards, a wider variety of street types, reductions in street pavement width requirements, updates to right-of-way widths to accommodate street trees and utilities, and improvements to better accommodate pedestrians and bicyclists; . Clarify definitions, purpose statements, and standards within the code; . Clarify submittal requirements and approval procedures to streamline the approval proccss for both developers and the City; . Codify current practice with regard to secondary access standards, street naming standards, private street policies, clustered mailbox provisions, and cost sharing procedures with regard to public improvements. We've attached several short articles that give an overview of subdivision regulations - what they are, why they are necessary, and how they are typically administered. Since the proposed street connectivity standards in the draft are ]ikely to be a topic of debate at upcoming public hearings, you'll also find in your packet severa] articles regarding the pros and cons of connecti vity standards, with examples of standards adopted in other communities. The revisions to the subdivision code were drafted and reviewed by various City departments, including the Planning, Public Works, Housing and Inspection Services, Parks, and Fire Departments. It was sent out for public review last spring. We received comments from the Greater Iowa City Home Builders Association, 1000 Friends of Iowa, and Ii-om Larry Schnittjer, recently retired from MMS Consultants (see attached). Some ot"the suggestions from these public reviewers have been incorporated into the draft. There remain areas of disagreement that we expect to be topics of debate during the upcoming public hearings before the Planning and Zoning Commission and the City Council. These include: . Procedural issues; · Street connectivity standards; . Highway buffer requirements; · Changes to street right-of-way width requirements; and . Details regarding how to incorporate existing policies and practices into thc code. February 1, 2008 Page 2 Staff suggests the following review and adoption schedule for the proposed draft: . Commission reviews the draft regulations and background materials at several informal work sessions; . Commission holds several public meetings to solicit public comment on the draft; . At the public hearing, staffwill keep track of any suggested amendments to the draft in a decision matrix, similar to how it was handled for the zoning code. The matrix will provide a structure for Commission decisions regarding changes to the draft. . Staff will make changes to the draft per the Commission's direction. . Once changes have been made, a "Recommended Draft" will be forwarded to the City Council. At your informal meeting on Thursday, we would like to provide a general overview of the proposed draft, answer any initial questions you have about the draft or the review process, and determine a time table for public review. Staff Recommended Draft February 1, 2008 Article A. General Subdivision Provisions 15-1-1 Short Title This Title shall be known as and may be referred to and cited as the Subdivision Code. 15-1-2 Pur ose This Title is intended to encourage orderly community development and provide for the regulation and control of the extension of public improvements, public services and utilities, the improvement of land and the design of subdivisions consistent with the approved Comprehensive Plan, as amended. 15-1-3 Definitions ALLEY: An open public way intended eAly for use as a secondary means of vehicular access to abutting property. BOUNDARY LINE ADJUSTMENT: The reconfiguration of the boundary line between abutting tracts, lots or parcels that results in conveyance of less than one thousand (1,000) square feet of land. COMMISSION: The Planninq and ZonilliLCommission of the city. DIVISION: Dividing a tract, lot or parcel of land into two (2) portions by conveyance or for tax purposes. A boundary line adjustment or the conveyance of an easement, other than a public highway easement, shall not be considered a division for the purposes of this Title. LOT: A tract of land represented and identified by number or letter designation on an official plat. OFF-SITE COSTS: The reasonable costs incurred by a developer in constructing, imorovinq, or otherwise extending public improvements from existing public improvements through or along property owned by thiFd parties not owned bv said develooer to the boundaries of property under development and which improvement are capable of serving the thiFd party's preperty other orooerties. OUT OF SEQUENCE DE'JELOPMENT: Subdivision or development of land bef-ore it is included in the short range development sequence in the City's Comprehensive rlan, as amended. OUTLOT: a oortion of a platted subdivision or other parcel of land not intended by its owner for immediate develooment. An outlot may also be a tract or Darcel of land within the subdivision intended for shared use by the residents of the subdivision or bv the oublic. e.O. oublic or orivate open spaces and/or walkways. PARCEL: A part of a tract of land. PUBLIC IMPROVEMENTS: The principal structures, works, component parts and accessories of any of the following of oublic infrastructure that become Dart of, are placed uoon, or affixed to real estate, includino, but not limited to: Staff Recommended Draji February 1,2008 . Sanitary sewers; . Storm sewers, tile lines or pipes and drainage swales; . Bridges and culverts; . Streets, trails. and sidewalks; . Water mains; . Storm water management facilities; . Public open space improvements. STREET, ARTERIAL: A street, the principal function of which is to provide for through traffic and which is designed to carry large volumes of traffic. "Arterial streets." as referenced in this Title. are those streets shown on the Johnson Countv Council of Governments OCCOG) Arterial Street Plan. as amended. STREET, COLLECTOR: A street, the principal function of which, is carrying traffic from local streets to arterial streets. STREET, CUL-DE-SAC: A local street terminating in a turnaround. STREET, LOCAL: A street used primarily for access to abutting property and for moving local traffic. STREET, LOOP: A local street with two (2) intersections with another street in an alignment roughly in the shape of a "U." Lots. may abut either side of the street. STREET: A public or private street as defined in this Title. STREET. PRIVATE: A privatelv-owned wav that is intended to afford a means of access to abuttinq propertv and for moving local traffic. STREET, PUBLIC: A right-of-way, dedicated to and accepted for public use, which affords tRC principal a means of access to abutting property and a means of vehicular travel. A public street is owned or controlled by a government entitv. SUBDIVISION: Division of a tract. lot or parcel of land into three or more lots. SUBDIVISION PLAT: the graphical representation of a subdivision of land. prepared bv a reqistered land surveyor. havinq a number or letter desiqnation for each lot within the plat and a succinct name or title that is unique for the countv where the land is located. SUBDIVISION PLAT, MAJOR: A subdivision plat that includes involves the construction of one or more new streets, selective access drives or street extensions. SUBDIVISION PLAT, MINOR: A subdivision plat that does not involve the construction or extension of streets. involving no streets. 15-1-4 Establishment of Control A. AIri plat or replat of a subdivision of land located within the City under the Code of Iowa, as amended, shall be certified as approved by the Mayor and City Clerk and the certification affixed to the plat or replat only after approval by a resolution of the City Council as set forth in this Title. 2 Staff Recommended Draft February /, 200B B. Pursuant to section 354.9, Code of Iowa, as amended, all subdivisions located within two (2) miles of the City's corporate boundaries shall be subject to City review and approval, except for those areas exempt from such review pursuant to the Johnson County/ Iowa City Fringe Area Agreement. C. Any division of a tract, lot or parcel shall be administratively reviewed and approved by the City Manager or designee for compliance with the Zoning and Subdivision Codes. Prior to recording, a division shall be certified as approved by the City Manager or designee. 15-1-5 Issuance Of Buildin Permits Restricted A. Where a subdivision is required, the City shall not issue a building permit for construction on any lot, parcel or tract unless and until: 1. A final subdivision plat has been approved and recorded; and 2. The City approves subdivision erosion control measures in accordance with this Title; and; 3. The City accepts the public improvements as speCified herein, with the exception of sidewalks and stormwater manaoement facilities. said exceptions beino allowed after building construction has commenced as set forth herein. B. If the subdivider desires a building permit prior to installing the improvements, the owner must deposit with the City Finance Department an escrow equal to the cost of improvements plus 10 percent thereof as specified in paraoraph 15-2-3C-7. C. No building permit and no certificate of occupancy shall be issued for any division unless such division has been approved as set forth in this Title. 15-1-6 Develo ment Activi Restricted A. No person. owner or responsible party shall do any oradino in any areas as described in Chapter 17-8. Gradino Ordinance. without first obtainino a oradino permit from the Buildino Official. B. No person. owner or responsible party shall do any oradino in any areas as described in section 17-8-15. Construction Site Erosion and Sediment Control. without first obtaining a Construction Site Runoff (CSR) Permit from the City. C. Unless specifically exempted. an application for Sensitive Areas Review must be submitted to and approved by the City prior to woodland clearing. oradino or any development activity on tracts of land or portions of tracts of land where any reoulated sensitive features exist. as specified in Article 14-51. Sensitive Lands and Features. A Sensitive Areas Review may occur concurrentlv with Subdivision Review as set forth in this Title. D. No public improvements shall be installed without approval of construction plans by the City Enoineer or desionee. 15-1-7 Cit '5 Ri ht To Install 1m rovements A. If the subdivider, its assigns or successors in interest, sell or convey lots in a subdivision without constructing or installing the public improvements, the City shall have the right to 3 Staff Recommended Draft February 1, 2008 install and construct such improvements. The costs of such improvements shall be a lien and charge against all the lots in the subdivision under the provisions of the Code of Iowa, as amended, except the cost of installing sidewalks, which shall be a lien only against the lot or lots abutting or in front of which sidewalks are installed. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by State law for assessing such improvements. The requirement to construct such improvements is and shall remain a lien from the date of final plat approval until properly released by the City. B. When required improvements have been installed to the satisfaction of the City, the City will, upon request, promptly issue to the subdivider, for recording in the County Recorder's office, a good and sufficient release to various lots in such subdivisions so that this Section will not constitute a cloud upon the title of the lots in the subdivision. However. with reaard to the subdivider's obliaation to construct stormwater manaaement facilities. the provisions of paragraphs. 1 and 2. below. aooly. 1. With resoect to a subdivider's obliaation to construct stormwater manaaement facilities. the City shall provide a oartial release for the develooment from any liens or clouds on title to the develooment by reason of such stormwater manaaement obliaations. orovided the City Engineer certifies that the followina conditions and/or events have occurred: a. The facilities have been substantiallv completed: b. An escrow amount has been established with the City in an amount aooroved by the City Engineer. to which the City's lien should attach immediately uoon execution or recordina of the oartial release; 2. The City aarees to issue a total release for the facilities uoon certification by the City Enaineer. in writina. that all of the followina events and/or conditions have been substantiallv completed: a. Permanent around cover is established and mowable: b. Erosion and sedimentation are controlled in conformance with the aooroved plans and soecifications: c. The facilities are comolete: d. All land within the tributary area in the develooment. or a lesser amount of land as aooroved by the City Enaineer. has been develooed. 15-1-8 Exce tions A. Modifications of Requirements I. Upon recommendation of the Planning and Zoning Commission or on its own motion, the City Council may vary, modify or waive the requirements of Article C of the Chapcr Chapter 3 of this Title. Subdivision Desian and Required Improvements. orovided one of the followina aualifvina circumstances are met: under tl'ie following circumstances: a. If the subdivider can demonstrate that strict compliance with the requirements of Article C of this Chapter Chaoter 3 of this Title would result in extraordinary 4 Staff Recommended Draft February J, 2008 hardship because of unusual topography, excessive costs due to or othcr SLJCA non-self-inflicted conditions; er-and if the subdivider can demonstrate that strict comoliance with the requirements of Chaoter 3 of this Title would conflict with the objectives of these subdivision regulations; or b. If a subdivider can demonstrate that strict compliance with the requirements of Article C of tAis Chapter Chapter 3 of this Title would result in ~ subdivision design that would compromise public health or safety, or could result in the substantial degradation of natural features even after application of appropriate provisions of Article 14-51. Sensitive Lands and Features. 2. City Council may act to vary, modify or waive a requirement only if it finds that the public safety and interest is protected and that such variance. modification. or waiver will not hinder development of neiqhboring properties and that the variance, modification or waiver will not nullify the intent or purposes of this Title or of other Titles of the City Code. 8. Unusual Plats This Title shall not preclude tAe approval of "duster" type subdi'Jisions or unusual subdivision designs if, in the opinion of the PlanAing aAd Zoning Commission, the gencral and aestActic lT1erit, the pr-cservation of natural or topogrilphie features and tRC prospectivc enAancement of the cOlT1munity ......arfilnts waiving the technical requirclT1ents as set forth iA CAapter 3 of this Title. C. City Council Action The City Council must approve any variance, modification, or waiver of the general requirements set forth in this CAapter Title and must note this approval in the resolution approving the final subdivision plat. 15-1-9 Selling Before Approval" Penalties A. Except pursuant to an agreement expressly conditioned on final subdivision approval, it shall be unlawful for any person or persons to agree to transfer or sell or to transfer or sell any land which forms a part of a subdivision requiring City Council approval under this Title before City Council grants final subdivision approval. Each such agreement, transfer or sale shall be deemed a separate violation. 8. It shall be unlawful for any person or persons to agree to or attempt to transfer or sell, or to transfer or sell any division which requires approval under this Title without first having obtained certification of cOlT1plianEe approval bv the City. Each such attempt, agreement transfer or sale shall be deemed a separate violation. C. In addition to the foregoing, the City may institute injunctive, mandamus or other appropriate action or proceedings to prevent any pending sale or transfer or to prevent any further sale or transfer in violation of this Title. 15-1-10 Penalties General! Any violation of this Title shall be considered a simple misdemeanor or Municipal infraction or environmental infraction as provided for in Title 1, Chapter 4 of the City Code and shall be subiect to the penalties specified in 1-4-2D. except for environmental infractions, which shall be 5 SlaffRecommended Draft February I, 2008 subject to the penalty for same as specified in 1-4-26-2, as amended. Each dav that a violation occurs and/or is permitted to exist constitutes a separate offense, and civil and/or criminal penalties shall be computed accordinglv. 6 Staff Recommended Draft February I. 20U8 CHAPTER 2. PLATS AND PLATTING PROCEDURES 15-2-1 Conce t Plan A. Applicability Whenever the owner of any tract or parcel of land within the corporate limits of the City or within 2 miles thereof wishes to make a subdivision of the same, the owner or the owner's representative shall submit a concept plan to the Department of Planning and Community Development for review prior to submission of a preliminary plat. The concept plan shall consist of a sk-<::tci'l of ti'le proposed subdivision on uppr-oximated contours. B. Submission Reauirements The conceot olan must include the followinq information: I. The orooosed lavout of streets, lots, location of stormwater facilities. and ooen space. 2. General topograohv. based on existinq toooqraphic maos or other resources. The prooertv is not required to be surveved at the conceot plan staqe. 3. Aporoximate footorints of anv existinq above-qround man-made features located on the subject prooertv, includinq buildinqs and other structures, streets. sidewalks, etc.: 4. Surrounding land uses and aooroximate location of buildinq footprints on abuttinq orooerties; 5. Sensitive features, includinq streams, wooded areas. known wetlands or potential wetlands. known archeoloqical sites. etc. 6. Other necessary information pertaininq to the existinq conditions of the property, as requested bv the City. C. Review of concept plan I. Uoon receiot of a conceot olan the Deoartment of Planninq and Community Develooment shall review the concept olan in the context of the standards of this Title. other City Code requirements, and Comorehensive Plan policies, and will have the discretion to solicit comments from other city deoartments. 2. The Department of Planning and Community Develooment will orovide qeneral written comments to the aoolicant within 20 business davs of receiot of the conceot plan based on the information submitted bv the aoolicant. These comments are intended to orovide guidance to the aoplicant in oreoarinq the preliminarv olat and are not to be construed as comorehensive with reqard to comoliance with the Citv Code. 3. The Preliminary Plat shall not be filed until said written comments regarding the concept plan are provided to the applicant. 15-2-2 Prelimina Plat A. Submission Required; Waiver I. After conferring with the Department of Planning and Community Development on the concept plan, the owner or owner's representative shall submit to the City Clerk 7 Staff Recommended Draft February 1. 2008 twelve (12) copies of a preliminary plat for consideration. This submission must include accurate and complete information as set forth in subsection 15-2-2B. below. 2. The City Manaaer or desianee(s) will check the application for accuracy and completeness. A "complete application" shall mean the following: a. A plat with accurate measurements and dimensions and easements identified: and b. All information as specified in 15-2-2B. below. has been submitted: 3. The applicant will be notified of deficiencies and/or discrepancies or if an application is incomplete. If an application is found to be incomplete. the City will inform the applicant and reserves the riaht to discontinue staff review until a complete and accurate application is filed. The start date for anv applicable time limitations for the application under review will be the date when a complete application is submitted. 4. After the Department of Planning and Community Development has revieweG the SUBmitted plat as set forth Below, ten (10) r-cvised copies of the plat si'lalll3e SUBmitted f{)r distribution to the Planning and Zoning Commission. 5. The City Council may waive submission of the preliminary plat if the final plat includes all the requirements of the preliminary plat. as the City Council deems appropriate. B. Accompanying Information The preliminary plats shall be accompanied by the following information: 1. A location map showing an outline of the area to be subdivided. ft. The subdivision name. h. An outline of the area to be subdivided. e. Norti'l point, scale and date. 2. The preliminary plat shall be drawn to the scale of one inch to 50 feet (1" = 50'); pro'/ided, however, if the resultant drawing would be larger than 24 inches by 36 inches (24" x 36"), the plat shall be submitted at a scale of one inch to 100 feet (I" = 100'). In addition, a diaital version of the plat must be submitted as per City specifications. Each plat must include the following information: a. Legal description, acreage and name of proposed subdivision; b. NameW and address@ of ownerW and subdivider; c. Names of the persons who prepared the plat, owner's attorney, representative or agent, if any, and date of preparation; d. North point and graphic scale; e. Contours at 5-foot intervals or less; f. Locations of existing lot lines, streets, public utilities, water mains, sanitary sewers, storm sewers, drainpipes, culverts, watercourses, bridges, railroads, buildings, storm water detention facilities and any other public improvements in the proposed subdivision. g. The existing streets and City utilities on adjoining properties. 8 Staff Recommended Draft February 1, 2008 h. Layout of proposed blocks (if used) and lots, including the dimensions of each, . and the lot and block number in numerical order. For lots where the lot width is different from the lot frontage, the lot width must be indicated on the olat. i. Location of any proposed outlot(s), identified with progressive letter designations, and the purpose of said outlot(s) clearly specified on the plat. j. Proposed location of clustered mailboxes. k. Location and widths, other dimensions and names of the proposed streets, alleys, roads, utility and other easements, parks and other open spaces or reserved areas. I. Grades of proposed streets and alleys. m. A cross-section of the proposed streets showing the roadway locations, the type of curb and gutter, the paving and sidewalks to be installed. n. The proposed layout and size of water mains and sanitary sewers. o. Proposal for drainage of the land, including proposed storm sewers, ditches, swales, bioswales, rain oardens, culverts, bridges, storm water management facilities and other structures. p. A signature block for endorsement by the City Clerk certifying the City Council's approval of the plat. 3. A grading plan, including orooosed methods for the prevention and control of soil erosion, pursuant to the Grading Ordinance, Chapter 17-8 of the City Code. 4. If access to State routes is orooosed, the olat must be submitted to the Iowa Department of Transoortation for review. Comments from the Iowa Department of Transportation must be submitted with the orooosed olat. s.--Plans <lAd proJ3osed methods for the prc.'cntion ana control of soil erosion f-or the entire development. 6. For orooerties containino reoulated sensitive features as soecified in Article 14-51 of the City Code. a Sensitive Areas Develooment Plan must be submitted as set forth in Article 14- 51. C. Fees A fee shall be paid at the time the preliminary plat or any combination of preliminary plats and/or plans is submitted to the City Clerk, in the amount established by resolution of the City Council. D. Review of Plat; Approval or Disapproval 1. Upon filing the preliminary plats as required by this Section, the City Clerk shall forward 11 copies of the preliminary plat to the Department of Planning and Community Development. 2. The Deoartment of Planning and Community Develooment shall distribute said cooies to the aoorooriate City Deoartments for review as designated by the City Manaoer. 3. The City ~1anager or Said designee(s) shall examine the plat and application to insure compliance with the requirements of this Title, other relevant orovisions of the City 9 Staff Recommended Draft Febnwry I, 2008 Code, Comorehensive Plan oolicies tAis Chapter and with State law. Upon completion of examination, the City ~1anager or designee Deoartment of Plan nino and Community Develooment shall forward a written report, including recommendations, to the Planning and Zoning Commission. No plat shall be forwarded to the Plannino and Zoning Commission with more than six (6) deficiencies. 4. Following staff evaluation, the owner or owner's representative must submit ten (10) revised copies of the plat for distribution to the Planning and Zoning Commission. 5. The Commission shall study the revised preliminary plat, review the application of the owner and review the report from the Deoartment of Planning and Community Develooment the City ~1anager or designee. 6. The Commission shall approve or disapprove the plat within 45 calendar days afteF SUBmission to the City Clerk of the date the City receives a comolete aoolication. or the preliminary plat shall be deemed to be approved by the Commission. The owner or owner's representative may, however. aoree to an extension of time. 7. After receipt of the recommendation of the Commission or after the time of any extension has passed, the City Council shall, by resolution, approve or disapprove the preliminary plat. E. Effect of Approval Approval of a preliminary plat by the City Council does not constitute approval of the subdivision but merely authorizes the subdivider to proceed with the preparation of the final plat. In the event the City Council approves the preliminary plat and the final plat submitted does not materially and substantially deviate from the preliminary plat and if inspection by the City reyeals that all plans and specifications for construction of improvements, as required by the City, have been met, the final plat shall be approved by the City Council unless both the City Council and the owner or subdivider waive this requirement in writing. Approval of the preliminary plat shall be effective for a period of 24 months unless, upon written request of the owner or subdivider, the City Council, by resolution, grants an extension of time. If the final plat is not filed with the City Clerk within 24 months, all previous actions of the City Council with respect to the plat shall be deemed null and void. 15-2-3 Final Plat A. Submission Reauired 1. After aooroval of a oreliminary plat or if the requirement for preliminary plat has been waived by the City Council, the owner or owner's reoresentative shall submit to the City Clerk twelve (2) cooies of a final plat for review. Said final olat must be submitted to the City Clerk within 24 months of aooroyal of the oreliminary plat unless an extension has been aooroved by the City Council. This submission must include accurate and comolete information as set forth in 15-2-3B and 15-2-3(, below. 2. The Department of Plannino and Community Develooment will check the aoolication for accuracy and comoleteness. A "comolete aoolication" shall mean the following: 10 Staff Recommended Draft February !, 2008 a. A final plat with accurate measurements and dimensions. and with easements correctly identified: b. An accurate legal description: c. All required legal documents and accompanyinq instruments as specified in 15- 2-36 and 15-2-3C. below: d. Construction plans accordinq to the specifications of the Citv Enqineer: 3. The applicant will be notified of deficiencies and/or discrepancies or if an application is incomplete. If an application is found to be incomplete. the City will inform the applicant and reserves the riqht to discontinue staff review until a complete and accurate application is filed. The start date for anv applicable time limitations for the application under review will be the date when a complete application is submitted. 4. Upon Planning and Zoning Commission recommendation and City Council approvul, Upon approval by the Citv. a final plat may include only a portion of the development illustrated on the preliminary plat if that portion can function as a separate development, including access and utilities, and if no essential public infrastructure extensions are delayed. Whether or not said infrastructure is essential in nature shall be determined by the City. 5. If the preparation of the Final Plat results in variations from the approved preliminarv plat. the applicant shall submit a description of anv requested variations from the approved preliminarv plat. Substantial variations may result in the necessity to file an amended preliminarv plat. B. Specifications The final plat shall meet the following specifications: 1. The plat shall be drawn to the scale of one inch to 50 feet (1" = 50'); provided, however, if the resultant drawing would be of larger dimension than 24 inches by 36 inches (24" x 36"), the plat shall be submitted at a scale of one inch to 100 feet (1" = 100'). 2. Twelve (12) prints of the final plat shall be submitted showing the following information: a. Accurate property boundary lines, with dimensions and bearings or angular dimensions, which provide a land survey of the tract, closing with an error of not more than one foot in 10,000 feet. b. Accurate references to known permanent monuments, giving the bearing and distance from some corner of a lot or block in the City to some corner of the congressional division of which the City or the addition thereto is a part. c. Accurate locations of all existing and recorded streets intersecting the property boundaries of the tract. d. Accurate legal description of the property boundaries. c. Street names and street riqht-of-way widths. f. Complete curve notes for all curves included in the plat. 11 Staff Recommended Draft February I, 2008 g. Street center lines with accurate dimensions in feet and one-hundredths of feet with bearinqs or angular dimensions anglcs to street, alley and lot lines. h. Lot numbers and lot line dimensions. For lots where the lot width is different from the lot frontaqe. the lot width must be indicated on the plat. i. Block numbers, if used. j. Accurate dimensions for any property to be dedicated or reserved for public, semi-public or community use. k. Location, type, material and size of all markers. I. Name and street address of the owner and subdivider. m. Name and street address of owner's or subdivider's attorney, name of persons who prepared the plat and the date of preparation. n. North point, scale and date. o. Certification of the accuracy of the plat by a registered land surveyor of the State. p. Location and width of easements for public and City utilities. q. Certification by the pttbIie utility companies that the location of pttbIie utility easements are properly placed for the installation of pttbIie utilities. r. A signature block for endorsement by the City Clerk certifying the City Council's approval of the plat. 3. The applicant shall submit a diqital version of the final subdivision plat as part of the application process. Once the plat has been approved bv the Citv Council. a final copv of the digital version of the plat shall be submitted to the City Enqineerinq Department. The diqital submittal shall be compatible with the Johnson County Geoqraphic Information Svstem and City of Iowa City mappinq svstem. Specific formats. procedures. and methods needed to meet this requirement will be updated as chanqes in technology occur. C. Accompanying Instruments Documents The final plat shall also be accompanied by the following instruments: 1. Owner's Statement An acknowledged statement from the owner and the owner's spouse, if any, that the subdivision as it appears on the plat is with their free consent and is in accordance with the desires of the proprietor and the proprietor's spouse. This statement may include the dedication to the public. 2. Dedications Dedication of streets and other public property, including perpetual easements for the installation, operation and maintenance of City utilities. 3. Mortgage Holder's or lienholder's Statement An acknowledged statement from mortgage holders or lienholders that the plat is prepared with their free consent and in accordance with their desire, as well as a release of mortgage for any areas dedicated to the public. 12 Staff Recommended Draft February I, 2008 4. Encumbrance Certificates If there is no consent from the mortgage holders or lienholders as sDecified in 3, above, and if the land being platted is encumbered in the manner set out in the Code of Iowa, as amended, a certificate shall be filed with the County Recorder showing an encumbrance bond in an amount double the amount of the encumbrance and approved by the Recorder and Clerk of the District Court. The bond shall run to the County for the benefit of the purchasers of the land subdivided. s. Attorney's Opinion An opinion from an attorney at law showing that the fee title is in the owner and that the land platted is free from encumbrance or if encumbered, listing the encumbrances and the bonds securing the encumbrances. 6. Construction Plans A comDlete set of construction Dlans for all Dublic imDrovements, meetinq City sDecifications, must be submitted to the City Enqineer's Office. 7. County Treasurer's Certificate A certified statement from the County Treasurer that the land being platted is free from taxes. 8. County Auditor's Certificate A certified statement from the County Auditor aDDrOvinq of the name or title of the subdivision as succinct and unique to Johnson County. 9. Cit\' Engineer's Certificate; Letter af Credit Subdivider's Aareement a. A certificate fr-om the City EngiRecr that all public improvements, with the exccption of side......~ll<s, h~vc becR instulled in accordance with the City specificatioRs; or b. An agreement executed by the subdivider which agrees, as a covenant running with the land, that the City shall not issue a building permit for any lot in the subdivision until the subdivider installs the public improvements, except sidewalks, according to plans and specifications approved by the City Engineer and until the City Engineer approves subdivision erosion control measures. If the subdivider desires a building permit prior to installing the improvements, the owner must deposit with the City Finance Department an escrow equal to the cost of improvements plus 10 percent thereof in cash or an irrevocable letter of credit Davable to the Citv in a form approved by the City Attornev. At the City's discretion, this escrow may be divided by the number of lots in the subdivision and collected on a per lot basis prior to the issuance of a building permit. Subdivider must further agree, as a covenant running with the land, that subdivider will install sidewalks abutting each lot in the subdivision as set forth in this Title, that the obligation to install the sidewalks remains a lien on the lots abutting the sidewalk until released by the City and that, in the event subdivider fails to install the sidewalks, the City may install the sidewalks and assess the total cost against the property without meeting the requirements of notice, benefit or value required by State law for assessing improvements.t-6f e. An irrevocable letter of credit payable to ttle City as a FRethod of aSSLJraRCe to the City that the public impr-o'v'eFRcnts will be cOFRpleted by tile subdividcr or . property owncr within 2 years aftcr official ucccptance of the plat. The form and type of letter of credit shull be upproved by tile City Att-orney, and the aFROuRt 13 SlajJ Recommended Draft February 1, 2008 of the letter of credit shall not be less ti'lan ti'lc aA'lount of the estiA'lat-cEl cost of the iA'lpro....eA'lents plus 10 percent. The Llmount of the estimate must be ;)pproved by the City ~1L1nLlger or designee. If the public improveA'lents Llr-c not eOA'lpleted within the specified time, the City Council may use the irrevocable letter of credit or any necessary portion thereof to complete the improvement. eft d. If option B7b above or this option B7c is chosen, The final plat subdivider's agreement shall state that the subdivider, including its grantees, assignees and successors in interest, agrees that public services, including but not limited to street maintenance, snow and ice removal and solid waste collection, will not be extended to such subdivision until the pavement is completed and accepted by the City Council by resolution. e. The subdivider's aqreement mav include other conditions oeeuliar to the subdivision as allowed by law. 10. Iowa DeDartment of TransDortation Permits Aooroved mOT oermits must be submitted. if required. D. Review; Approval or Disapproval 1. Upon the filing of the final plat as set forth above, the City Clerk shall submit 11 copies of the final plat and the application to the Department of Planning and Community Development. 2. The Department of Planning and Community Develooment shall distribute said copies to the aoorooriate City Deoartments for review as desiqnated bv the City Manaqer; 3. The City ~1anager or Said designee{0 shall examine the applicationL frfffi the plat, the construction olans. and the leqal documents to insure compliance with the requirements of the City Code. this Chapter LInd of State law, and the oreliminarv olat. Upon completion, the City ~1anagcr or designee shall forward a written report, including r-ccommendation, to the Planning LInd Zoning Commission. 4. The costs of engineering examination of final plat and construction plans shall be paid by the subdivider and shall be the actual costs of the engineering examination and review as incurred by the City. s. Following staff evaluation, the owner or owner's representative must submit 10 revised copies of the plat for distribution to ti'le Planning ;)nd Zoning Commission. 6. The PILlnning LInd Zoning COA'lA'lission shall stud',. the finLlI plLlt, review the application of the mvner and review the reports of the City ~1anager or designee. 7. Upon completion of said review Commission staff shall recommend approval or disapproval of the plat within 45 calendar days after submission to the City CierI<. of the date the City received a eomolete aoolication. or the final plat shall be deemed to be approved by the staff COA'lmission. The owner or subdivider may, however, agree, in writing, to an extension of time. 8. Following staff evaluation, e)(aA'lination BY ti'le Planning and Zoning COA'lA'lission, the owner or owner's representative shall submit a diqital version. a transparent reproducible copy and 8 prints of the revised final plat with the siqnatures of the surveyor and the resoective utility comoanies to the City Clerk. 14 Staff Recommended Draft February J, 2008 9. After receipt of the recommendation of the Commission staff or after the time of any extension, the City Council shall, by resolution, approve or disapprove the final plat. The City Council must take action on the final plat within 60 calendar days of ERe submission of a comolete aoolication for a final olat to the City Clerk. If the City Council does not approve or disapprove the plat within 60 calendar days, the final plat shall be deemed approved. The owner or subdivider may, however, agree, in writing, to an extension of time. 15 Slaff Recommended Draft February I, 2008 CHAPTER 3. DESIGN STANDARDS AND REQUIRED IMPROVEMENTS 15-3-1 General Re uirements A. Desian of the subdivision shall complv with the standards of this Chapter, provide for the orderlv arowth and development of the City, demonstrate consistencv with the Iowa City Comprehensive Plan and anv specific adopted district plans. and take into consideration the natural features of the site and patterns of adiacent development. B. The subdivider of property shall be responsible for constructina all public improvements associated with the proposed subdivision accordina to City Code, unless exempted from such reauirements accordina to the provisions herein. C. Public improvements, as defined in this Title. shall be constructed and installed according to the standards established bv the City. Copies of said standards are on file in the office of the City Enaineer. 15-3-2 Streets and Circulation A. Connectivity of Streets, Sidewalks, and Trails Subdivisions shall provide for continuation and extension of arterial, collector and local streets, sidewalks and trails in accordance with the followina standards. 1. Arterial streets must be located and extended in aeneral accordance with the JCCOG Arterial Street Plan and Iowa City Comprehensive Plan. 2. All streets. sidewalks. and trails should connect to other streets, sidewalks. and trails within the development. and to the propertv line to provide for their extension to adjacent orooerties. Each subdivision must contribute to the laraer interconnected street pattern of the City to ensure street connectivity between neiahborhoods. multiple travel routes resultina in the diffusion and distribution of traffic. efficient routes for public and emeraencv services. and to provide direct and continuous vehicular and pedestrian travel routes to neighborhood destinations. 3. The road svstem shall be designed to oermit the safe. efficient and orderlv movement of vehicular and oedestrian traffic: to meet the needs of the present and future population served: to have a simple and logical pattern and allow that pattern to continue through adiacent properties: and to respect natural features and toooaraphv. 4. Use of cul-de-sacs and other roadwavs with a sinale point of access should be avoided. Cui de sacs will be considered where it can be c1earlv demonstrated that environmental constraints. existina develooment access limitations along arterial streets. or other unusual features prevent the extension of the street to the propertv line or to interconnect with other streets within or abuttina the subdivision. 16 Staff Recommended Draji February I, 2008 B. Minimum Access Standards Adequate street access to an area or neighborhood is required as part of subdivision approval or prior to the approval of additional subdivision lots. The standards in this subsection are intended as minimum standards in areas where connectivity is limited bv topoaraphv. previous development patterns. or other unusual features and shall not be used as a means of circumventing the street connectivity standards set forth in subsection A. above. The following guidelines will be used by the City in determinina whether additional street access is a prereauisite to additional lots or developable parcels being approved bv the City. 1. Additional access may be required if a proposed development will result in any portion of a street that provides a sinale means of access to an area being overburdened with traffic. 'Overburdened' shall be defined as a proiected volume which exceeds the midpoint desian volume as follows: a. Local street: 500 vehicles per day b. Collector street: 2.500 vehicles per day 2. Proiected traffic volumes shall be determined bv using the most recent Averaae Dailv Traffic count when available, and addina it to proiected traffic aeneration as determined bv the Citv. In the absence of a recent traffic count. proiected traffic volumes shall be calculated bv usina proiected traffic aeneration for both existina and proposed development. 3. Additional means of access may also be required if anv of the followina conditions exist or will exist if additional lots or developable parcels are approved: a. There are phvsical features that may increase the probability of blockaaes alona the sinale means of access to the development. These phvsical features include but are not limited to: slopes 8% or areater: floodplains as designated by the Federal Emeraency Manaaement Aaencv; a bridaed or culverted roadway; trees adiacent to the roadway with trunk diameter areater than four inches: a arade separated highway: or a railroad. b. The existing access is insufficient to provide efficient. safe. and/or cost-effective routes for the provision of public and emergency services for the proposed development. c. The street. which provides a single means of access to the area. is a local or collector street alona which there are existing or proposed facilities that may increase the probabilitv of pedestrian-motor vehicle conflicts. These facilities include but are not limited to schools. davcare centers and parks. d. There are land uses located alona the subiect street that serve special populations. which may increase the volume of emergency vehicle trips. These uses include but are not limited to adult daycares. facilities servina elderlv persons. or persons with disabilities. 4. For a situation reauirina additional means of access based on the above criteria. a single means of access may be permitted as a temporarY condition. A temporarY condition is one in which there is secured. written assurance from the private subdivider that the road, which will provide the necessarY access. will be constructed within three years of development or, alternativelv, said access is scheduled for 17 Staff Recommended Draft February I, 200S construction no later than the third vear of the then current Capital Improvements Prooram of the City. C. Street TVDes Table 15-1. Standards for Street Riohts-of-Wav, provides a summarv of various street types. The information in this table is intended to provide ouidance for the desion of the street network within a subdivision. When desionino a subdivision, street types should be chosen based on the intended function of the street and anticipated level of traffic. The City will review the proposed streets and determine the appropriate street type based on the factors set forth in this section. D. Dedication of Riaht-of-Wav Land shall be dedicated to the City for all public street rights-of-wav within the development and for anv public street rioht-of-wav that is needed for streets that abut or will abut the development. E. Alternative Street Designs/Modifications 11 7A 7B. Reduction of Pavement Width Requirements: In the case of subdivision, which include cui de Si:lCS or "loop" street less thi:ln 900 feet in length, the required pa'.'eFRent width for such streets may be reduced from 28 feet bacl( to bi:lck of curb to 22 f-cet Bi:lck to bad( of curb if profvisioFl is FRaec for storage of at least 5 augomobiles on each lot as provided in the Zoning Ordinance. These additional parking spaces FRay be loei:lted in the front 'lard. A drivewi:l'{ may be used to f-ulfill the additional parking requireFRents only if it is double ',vidth and served by i:l double width curb entrance. These parking spaces shall be shown on the building pli:lns for each lot in the subdivision ;md shi:lll be necessary for . the i:lpproval of a building permit. Such parking spi:lces shi:lll be constructed i:lt the time of the house censtruction. In lieu of the provision of the 5 purking spaces on each individual lot, a "community" or neighborl1ooEl parking lot FRay be proviElce to serve a gmup of r-csidences. The same number of parldng space sRall be provided in sucl1 lots as would l1ave Been required of tile residences served. SUCR parking shall be located no FRore than 200 feet from ;my residence served. Wher-c such parking lots ar-c used, adequate proviSions for their muinten;mcc and preservution as pi:lrking lots must be provided. IS Staff Recommended Draft February J, 2008 Table 15-1: Standards for Street Ri~hts-of-Way ~1inimum Pavement width # Travel Parking Maximum Sidewalk I~ight-of-way Lanes Grade Width width Residential AllevlRear Lane .u; 20 ft. 16 ft. 2 No 12% NIA Commercial AlleylRear Lane 20 ft. minimum 20 ft., varies ~ No 10% NIA / varies Loop Street' 100 ft. n ft. 1 shared Yes. on one 10% ilL minimum I side residential varies: side of street onlv Low volume Cui de Sac' 50 ft. n ft. I sharcd Yes. on one 10% 4 ft. both side sides Cui de sac 60 ft. M.or 28 ft ~ Yes' 10% 5 ft. both sides Local Residential Street W 60n. 26 or 28 ft. ~ Yes' 12% 5 ft. both sides Local Commercialllndustrial W60ft. 28 ft. ~ Yes 8% 5 ft. both Street sides Collector Street (all land uses) 60 66 ft. 311\. ~ Yes 100/0 fbr 5 n. both residential; sides 8 % for commercial or industrial Collector Street wi bike lanes 66 ft. 34 ft. ~ No 8% 5 ft. both sides 2-lane Arterial Street &ll-ih 100 ft. 44 ;un. ~ No 8% 8 ft. Due minimum side 15 ft. one side Arterial Street wi bike lanes 100 ft. 34 ft. ~ No 8% 8 ft. one minimum side! i.1!. one side 4-lane Arterial Street 100 ft. 54 ft.l varies 1 No 8% 8 ft. one minimum deoending if side! i.1!. median is included one side Arterial Street wi parking 100ft. varies. based on ~ Yes 8% 8 ft. one minimum: more number of lanes side I i.1!. ma\' be reuuired and whether one side uenendim! on narking is narallel parking or angled. confi"uration 3-lane Arterial Street 100 ft. 46 ft.. I varies J. No 8% 8 ft. one minimum deoending if side I i.1!. median is included one side , Looo streets orovide access for 12 or fewer dwellings. 2 Low volume cul-de-sacs orovide access to 10 or fewer single familv dwellings ] For residential streets with less than 28 feet ofDavement width. narking is restricted to one side. 1, Right of way shall be provided as follows: ft. Arterial Streets 80 feet. b. CelleE.ter Streets 60 feet. e. leeal Streets 50 feet. 19 Staff Recommended Draft February /, 2008 d. Cui De Saes 100 feet in diameter. e. Residential Alleys 16 feet. f. Commereial or Industrial Distriet Alle'is 20 feet. 2. Pavements shall be pf9..~iEled as Jellav.-s: It. Arterial Streets 11 feet. Il. Colleeter Streets 31 f-ect. e. leeal Streets 28 ket. d. Cui De Sacs Sholl be paved with 0 28 foot wide paving, the outer edge of which sholl be 15 feet inside the circumference of the right of way, and the inner edge of .....hich sholl be 13 feet from the circumfer-cnce of the right of way. The paving width may be reduced to 25 ket, provided the outer edge sholl be 0 minimum of 11 feet inside the circumference of tl9c right of way, ami tlge inner edge shall be a minimum of 36 feet From the circumf-crence of the right of way. Cui de sacs shall not exceed 900 feet in length. A cui de sac shall be measured from the center line of the street from which it commences to the center of the turnaround. In the case of a subdivision which includes cui de sacs or loop streets less than 900 feet in length, the required pavement 'Nidth for such stFeets may Be Feeucee ffom 28 f.cet to 22 feet if provision is maee fur storage of at least five automobiles on each lot. e. Alleys 16 feet. F. Measurements and Construction Standards 1. All riqht-of-way improvements must be desiqned and constructed according to the desiqn and construction standards established by the City. Said standards are on file in the office of the City Enqineer. Public improvements, ;)s defined in this Title, shall be aecor<ling to tlge st;)ndards est;Jblished by the City Engineer. 2. All street widths shall be measured back-of-curb to back-of-curb. 3. The minimum outside radius of the pavement of cul-de-sac bulbs and loop streets is 39 feet. A center median is required at the center of the cul-de-sac bulb with a minimum radius of 11 feet. For loop streets a median is also required with a minimum width of 30 feet. In residential areas, center medians for cul-de-sacs and loop streets are required to be landscaped to at least the 51 standard as described in Article 14-SF, Screeninq and Bufferinq Standards. The subdivider's aqreement shall set forth procedures for adiacent property owners to maintain the landscaped area within the center median of loop streets and cul-de-sacs. Said instrument shall provide that if said services are not provided as required therein. the City shall have 20 Staff Recommended Draft February 1. 2008 the right to perform said services, and the cost thereof shall be a lien and charge aaainst all of the subiect lots. G. Street Intersections 1. A maximum of four leas are allowed at any one intersection. Intersections of more than two streets ;Jt a point shall not be permitted. 2. Jogs of less than 125 feet shall be avoided. The distance between street intersections must be at least 125 feet centerline to centerline. .3. Intersections of street c.enter lines shall be between 800 and 1000. . 4. Corner lots abutting on an arterial or collector street shall have a minimum radius of fifteen feet (15') at the intersection. 5. Dead end streets and alleys are not permitted except at subdivision boundaries abuttina 00 undeveloped areas. In such cases a temporary fire-apparatus accommodatina turn-around mav be reauired and, if reauired, must be constructed to City specifications. H. Traffic Calmina Features 1. The street network, block length. and layout of lots should be desianed in a manner that discouraaes speedina traffic and unsafe drivina behavior. 2. In order to minimize the potential for speedina traffic and create a safer environment for pedestrians and bicvcles, the City mav also, in cases where it is warranted. reauire traffic calmina features to be desianed into the subdivision. These features may include but are not limited to discontinuous streets, curb extensions, raised crosswalks, medians, or traffic circles. I. Street Names The City reserves the right to deny the use of street names that are not in the public interest. Street names must be consistent with the following standards, unless an exception is approved bv the City: 1. In order to ensure safe an efficient provision of public and emeraencv services, each proposed street name shall be distinct from other street names within the laraer metropolitan area: 2. Street names that are overlv lenathv, difficult to pronounce, or that may be considered inappropriate or unappealina shall be avoided: 3. For new streets, the followina rules applv: a. The term "street." should be used for a non-dead-end roadway aligned in a north-south direction. b. The term "avenue" should be used for a non-dead-end roadwav alianed in an east-west direction: c. The term "boulevard," "road," or "drive" may be used for a roadway that is alianed neither in a north-south nor east-west direction. but which changes direction or meanders: d. The terms "lane," "court," or "circle." or "place" should be used for cui de sacs or low volume loop streets. 21 Staff Recommended Draft February J, 2008 4. Cui de sacs or low volume loop streets may use the same name as the roadway with which it intersects. For example, a cui de sac that intersects with Rose Avenue may be named "Rose Court." However, if more than one cul-de-sac or loop street intersects with Rose Avenue, an additional "Rose" name may not be used. 5. Similar names may not be used for streets that are in different locations within the city. For example, the name, "Rose Drive." may not be used in one neiqhborhood. if there is alreadv a "Rose Avenue" in a different neighborhood. J. Private Streets 1. Private streets in sinqle family residential areas are not allowed. 2. Requests for private streets in multi-familv, commercial. and industrial areas will be considered. provided that connectivity to adjacent properties is not needed and the responsibilities for maintenance. snow removal. qarbage service. and street sweepinq is clearly established accordin9 to the provisions of paraqraph 3.. below. 3. If private streets are approved. the subdivider must submit a le9allv bindin9 instrument settinq forth the procedures to be followed for maintaininq private streets and providinq qarbaqe service, snow removal. street sweepinq, and for financinq these services. Such costs shall be shared bv all owners of propertY located within the subdivision. or desiqnated portion thereof. through the use of an owners association or other entity satisfactorv to the City. Said instrument shall provide that if said services are not provided as required therein, the City shall have the riqht to perform said services, and the cost thereof shall be a lien and charqe aqainst all of the owners of lots so desi9nated in the subdivision. K. Cost sharing for pavement overwidth In the event arterial or collector streets are required in a subdivision, the City shall pay for the excess pavement required over that required for a 28-foot wide local street. The City Engineer shall calculate the excess cost. Such cost-sharing shall be according to the procedure set forth by the City Manager. Anv payment for pavement overwidth bv the City shall be pursuant to State law. L. Cost sharing for street upgrades 1. At the discretion of the City. subdivisions mav be approved that access existinq public streets that do not meet City standards. provided the subdivider contributes toward the future reconstruction cost of brinqinq the seqment of the subiect street that abuts the subiect propertY to City standards. When determininq whether such an approval will be qranted, the City will evaluate the street based on factors such as roadway surface. siqht distance, anticipated traffic levels, and pedestrian/bicvcle facilities. If the City permits a development to access a street that does not meet City standards. the subdivider shall contribute to the cost as follows: a. Local Streets Local streets are streets that serve as access to propertY and carrv insiqnificant amounts of through traffic. Therefore. the subdivider shall pay 100% of the cost of upqradinq a local street to City standards for that seqment of the street that abuts the subiect propertY. If the subdivider controls land on on Iv one side of a local street they will be required to contribute 50% of the cost of upqradinq the subiect street seqment to City standards. The City will expect the 22 Staff Recommended Draft February I, 2008 subdivider of orooerty on the other side of the street to contribute the other 50% of the costs at such time as that land is subdivided/develooed. Costs to reconstruct the street will be determined bv the City Engineer. b. Collector Streets Collector streets are streets that collect traffic from a subdivision or neiqhborhood. and direct it to and from the arterial street. The function of a collector street is 50% access to prooerty. and 50% throuqh traffic. Therefore. the subdivider will be required to contribute 50% of the cost to uoqrade a collector street to City standards for that seqment of the street that abuts the subject orooerty. with the City contributinq the other 50%. If a subdivider controls land on only one side of the collector street. thev will be required to contribute 25% of the total cost for the subject street seqment. The City will exoect the subdivider on the other side of the collector street to contribute the other 25% of the cost at such time as that land is subdivided/develooed. Costs to reconstruct the street to City standards will be determined bv the City Enqineer. c. Arterial Streets Arterial streets have the orimary function of carrying traffic throuqh and between neiqhborhoods. The function of an arterial street is 25% access to orooerty. and 75% throuqh traffic. Therefore. the subdivider will be required to contribute 25% of the cost to uoqrade an arterial street to City standards for that segment of the street that abuts the subiect orooerty. with the Citv contributinq the other 75%. If a subdivider controls land on onlv one side of the arterial street. thev will be required to contribute 12.5% of the total cost of the subiect street seqment. The City will exoect the subdivider on the other side of the arterial street to contribute the other 12.5% of the cost at such time as that land is subdivided/developed. Costs to reconstruct the street to City standards will be determined bv the City Enqineer. 15-3-3 Sidewalks Trails, and Pedestrian Connections Public sidewalks. trails. and oedestrian connections shall be constructed in the oublic riqht-of- wav accordinq to the followinq standards: A. Sidewalks. trails. and oedestrian connections shall be constructed accordinq to Citv standards. Said standards are on file in the Office of the City Enqineer. B. A four feet wide concrct-c sidewalk shallhc provided and shall bc located pursuant to Chaptcr 1 of this Title. Five-foot-wide concrete sidewalks must be constructed alonq both sides of all local and collector streets. exceot for connections to existing sidewalks as orovided in subsection D. below. For low volume cui de sacs and 1000 streets. as described in Table 15-1. the required sidewalk width mav be reduced to four feet. C. Along arterial streets. a five-foot sidewalk is required on one side of the street and an 8- foot sidewalk on the other side. exceot as allowed in subsection D. below. The Citv will determine on which side of the street the B-foot sidewalk will be olaced. When an 8-foot sidewalk is required. the City. at its discretion. will either oav for the excess oavement required for the developer to install an 8-foot sidewalk rather than 5-foot sidewalk. or collect the estimated cost of the 5-foot sidewalk from the develooer and apolv said cost to 23 Staff Recommended Draft February /, 2008 construction of an 8-foot sidewalk by the Citv. Any oayment of excess oayement costs by the Citv shall be oursuant to State law. D. In cases where the orooosed sidewalk orovides a connection between existing sidewalks that are less than the required width. the orooosed sidewalk may be constructed to match the width of the adiacent sidewalks. Howeyer. this modification is not allowed in cases where one end of the orooosed sidewalk will orovide a connection to future sidewalks for new develooment. In such a case. the sidewalk should be taoered to orovide a transition between differinq sidewalk widths. The City will determine where along the street the transition should occur. E. All sidewalks and trails must connect to other sidewalks and trails within the deyelooment and to the orooertv line to orovide for their extension to adiacent orooerties. F. The subdivider will be responsible for the construction of a oublic sidewalk along the frontaqe of orivate ooen soace. oublic ooen soace required to be dedicated to the Citv accordinq to the Article 14-SK. Neiqhborhood Qoen Soace Requirements. and along the frontaqe of other outlots as necessarY for a continuous sidewalk system to be created. G. Cr-osswalks may be re(;juired iA blocks over 800 feet IOAg or in areas .....here curved streets required excessive out distaAce travel. If crosswall6 arc required, the developer sRal1 construct the cross .,..,a1l6 and dedicate them to tRC city. In residential subdivisions. blocks longer than 600 feet must have mid-block oedestrian connections between adjacent streets. unless said connection is deemed to be unnecessarY and is waived by the Citv. At the time of subdivision. these connections must be olatted as minimum is-foot-wide easements: if the connectinq sidewalk is qreater than S feet in width. the easement must be at least 20-feet wide. Within this easement a sidewalk must be constructed to Citv standards that is equal in width to the sidewalks to which it provides a connection. If the mid-block sidewalk connects to sidewalks of two different widths. the mid-block sidewalk must be equal in width to the wider sidewalk. The area and sidewalk within the oedestrian easement must be maintained by adiacent orooertv owners accordinq to the subdivider's aqreement in a manner similar to maintenance requirements for oublic sidewalks. H. Where a trail extension. as identified in the Comprehensive Plan or an adooted trails olan. is located on the subiect orooertv. the City may require an easement or alternatively. may require dedication of an outlot for the trail. Construction of the trail or oortion of a trail may also be required in instances where said trail or oortion of a trail orimarily serves the needs of the orooosed subdiYision/develooment. In this situation. the trail will be treated as a oublic imorovement. Dedication of land for a trail extension shall count toward the open soace requirement for the develooment. oroYided said land is consistent with the standards for ooen space as set forth in Article i4-5K of the Citv Code and orovided said land dedication is acceotable to the Citv. 15-3-4 La out of Blocks and Lots A. Blocks 1. Blocks should be limited in size and be laid out in a oattern that ensures the connectivitv of streets. orovides for efficient orovision of oublic and safetv services. and establishes efficient and loqical routes between residences and non-residential destinations and oublic gatherinq olaces. 24 SlalIRecommended Draft February 1, 2008 2. The length of blocks shall be net less than 100 f-cet aRa not more than t\...o thousand feet. TAe width of the blocl< sAull be sufficient te permit two tiers of lots, but in no case shull thewidth be less than 220 feet. To provide multiple travel routes within and between neighborhoods, block faces alona local and collector streets should ranae between 300 and 600 feet in lenath and for residential subdivisions have a width sufficient to accommodate two tiers of lots. Longer block faces may be allowed in cases of larae lot commercial. industrial. or rural residential development or where topographv, water features, or existing develooment orevents shorter block lenaths, althouah mid-block oedestrian connections may be reauired (See Section 15-3-3, above). Block faces are measured from centerline to centerline. 3. Block faces alona arterial streets should be at least 600 feet in lenath. Intersecting collector streets should be spaced in a manner that provides adeauate connectivity between neiahborhoods, but also maintains the capacity of the street for the safe and efficient movement of traffic. Lonaer block faces may be reauired along hiah capacity or hiaher speed arterial streets where the interests in movina traffic outweiah the connectivity between areas of develooment. The City may aoorove shorter block faces in hiah density commercial areas or other areas with hiah oedestrian counts. 4. Cui de sacs may not exceed 900 feet in length. The length of a cul-de-sac is measured from the center line of the street from which it commences to the center of the turn arel:lRd bulb. B. Lots 1. Lots must be olatted in a manner that will allow development that meets all reauirements of Title 14: Zoning. Lots must be of sufficient size to accommodate an adeauate buildable area and area for required setbacks. off-street parkina. and service facilities reauired by the type of use and development anticioated. 2. Lots with multiple frontaaes must be platted larae enouah to accommodate front setback requirements alona street-side lot lines. 3. If a propertY with frontaae alona an arterial street is proposed to be subdivided. developed or redevelooed for any Multi-Family, Group Livina, Commercial, Institutional or Industrial Use. a cross-access easement must be orovided by the oropertv owner to all adioinina properties that front on the same arterial street that are or may be developed as Multi-Familv. Group Living. Commercial. Institutional Use. or Industrial Uses according to the cross access standards set forth in section 14-5C-7 of the City Code. 4. In residential areas, double- and triple-frontage lots shall be avoided, except in specific locations ',,'here good platting indicates their use. Where such lots are necessarv to overcome specific disadvantaaes of topoaraphy. land features. or access restrictions. the followina standards apolv: a. Lots with multiple frontaaes shall be 125% of the reauired lot area for the zone in which the lot is located. The additional reauired lot area shall be used to increase the depth of the lot between street frontaaes. b. Double and triple frontaae lots where dwellinas will have side or rear buildina facades oriented toward an arterial street shall orovide a minimum 20-foot wide 25 Staff Recommended Draft February !, 2008 landscaoed buffer area alonq the arterial street frontage. The buffer area shall be olanted with a mixture of coniferous and deciduous veqetation aporoved by the City Forester. The yeqetation shall be required alonq with other oublic imorovements for the orooertv. Lots where dwellings will have front buildinq facades oriented toward an arterial street are exemot from this requirement. If a buffer area was required durinq subdivision. no solid fences will be allowed within this buffer area. This restriction must be noted in the subdivider's agreement and on the olat. On corner lots. the landscaoinq within the buffer must be olanted and maintained to comolY with intersection visibility standards. 5. Side lot lines shall approximate right angles to straight street lines and radial angles te- or be aooroximatelv radial to curved street lines, except where a variation will provide a better street and lot layout. For purposes of this subsection, "approximate right angles" means angles between 800 and 1000. 6. Residential lots shall not be designed with irreqular shaDes such as a flag or oanhandle shaDe where the structure on the lot may be hidden from the street behind another structure. 7. In residential subdivisions. lots must be arranqed to allow easy access to oublic ooen soace. The subdivision lavout should be desiqned so that the location and access to oublic ooen soace is readily aooarent to the oublic. Subdivision layouts where public ooen soace is surrounded bv orivate lots that back uo to the oublic ooen soace are discouraqed. Techniques. such as single-loaded streets alonq Dark edqes or along seqments of Dark edqes and well-marked trail easements are to be utilized to satisfy this requirement. C. Provisions to Minimize the Effect of Hiahwav Noise Subdivisions adiacent to or within 200 feet of the Interstate 80 and/or the Hiqhway 218 rights of way shall comoly with the following orovisions. intended to reduce the effect of hiqhway noise on residential areas. 1. Any portion of a residential lot that is within 300 feet of the Interstate 80 or Hiqhway 218 right-of-way shall be identified as a noise buffer. and no residential structure will be oermitted within this 300-foot buffer area. The buffer area shall be olanted with a mixture of coniferous and deciduous veqetation aooroved by the City Forester. The veqetation shall be required along with other oublic imorovements for the orooertv. Existinq trees and veqetation may be used to comoly with this requirement as approved by the City Forester. Accessory structures and yards are oermitted within the 300-foot buffer area orovided the required veqetative buffer is maintained. 2. The 300-foot buffer for residential structures may be reduced with aooroval by the City if the subdivider constructs an earthen berm. decorative wall. or other similar structure and demonstrates that the hiqhway noise just outside the proposed residential structures will be no more than 60 dBA. ( 60 dBA is the noise range identified by th,e.. AASHTO~as.the normal raf]g.e; ot.noise. in an urb..a,n j"esidential neighborhood.) 3. The 300-foot buffer for residential structures may also be reduced with aooroval by the City if the subdivider demonstrates that existinq toooqraphv results in highway noise beinq no more than 60 dBA iust outside the oroposed residential structures. 26 Staff Recommended Drafi February 1. 2008 15-3-5 Nei hborhood 0 en S ace Re uirements A. Intent and Purpose The Neighborhood Open Space Requirements are intended to ensure provision of adequate usable neighborhood open space, parks and recreation facilities in a manner that is consistent with the Neighborhood Open Space Plan, as amended, by using a fair and reasonably calculable method to equitably apportion the costs of acquiring and/or developing land for those purposes. Active, usable neighborhood open space includes pedestrian/bicycle trails preferably located within natural greenway systems, and also includes neighborhood parks that serve nearby residents. Portions of community parks may be adapted for neighborhood use, but this Chapter is not intended to fund the acquisition of community parks or large playing fields for organized sports. While this CRapter is primarily intended to pr-ovide usable neighborRood open spaces, it is also intended to em:eurage, wherever reason3oly f-casible, tRC dedication of sensitive areas in conjunction 'Nith the usable open space. B. Dedication of Land or Payment of Fees In Lieu of Land Required As a condition of approval for residential subdivisions and commercial subdivisions containing residential uses, the applicant shall dedicate land or pay a fee in lieu of land, or a combination thereof, for park, greenway, recreational and open space purposes, as determined by the City and in accordance with the provisions of Article 14-5K, Neighborhood Open Space Requirements 15-3-6 EIeEtFieaI Ener and Communications Distribution S stems A. Extension of enerGV distribution lines and communication distribution svstems necessarv to furnish permanent electric service and communication svstem service to new development within a new subdivision shall be made underGround from existinG svstems according to the provisions set forth in Chapter 16-2, Public Utilities and Use of City RiGht of Wav. B. The applicant shall provide all easements necessary for access to street lights, to allow enerGY and communication svstem services for the subdivision. and the easements shall be included as part of the plat of the subdivision. c. In new subdivisions, the electric public utilitv company shall provide underGround wirinG to the pole sites for appropriate street lights as determine by the Citv ManaGer or designee. 15-3-7 Sanita Sewers A. The subdivider shall provide a complete sanitary sewer system, including stubs, for each lot which shall connect with a sanitary sewer outlet approved by the City Engineer as set forth in Sections 16-3-4, 16-3-5. and 16-3-6 of the City Code. The sanitary sewer in each defined drainaGe area shall extend to the subdivision boundaries and beyond, as necessary to provide for the extension of the sanitary sewer to adjacent property, as determined by the Citv. B. Proiect specific tap-on fees may apply as set forth in Section 16-3-2, Project Specific Tap- On Fees. 27 Staff Recommended Draft February I, 2008 C. If the City requires a sanitary se'....er Systcffi ~FCater than tRat needed to service the subdivision itself, tRe developer shall install tRC additional necessary iffipro'.'ements. =FRe City ffiay, in its discretion, enact an orainance estaBlishing the f-ces required for otRer persons and developers to pay in order to connect to SUCR line. If established, such f.ces ffiust be e;:lleulated on a pro rata Basis. These fees may be used to reiffiburse the developer f-or the cost of tRe additional SystCffi. If tRe costs of the improvemeflt arc not r<::coverable, tRe developer sRall pay the entire costs of the iffiprovement as a condition of the subdivision appr-oval. If City requires a sanitary sewer to be oreater in size than that needed to service the subdivision itself, the City mav share in the expense thereof on a pro rata basis. Such cost-sharino shall be according to the procedure set forth by the City Manaoer. Anv pavment of excess costs by the City shall be pursuant to State law. 15-3-8 Storm Water Mana ement A. The developer shall provide the subdivision with adequate drains, ditches, culverts, complete bridges, storm sewers, intakes and manholes to provide for the collection, manaoement, and removal of all surface waters as set forth in Chapter 16-3-7, Storm Water Collection, Discharoe, and Runoff. These improvements shall extend to the boundaries of the subdivision and beyond, as necessarv se-as to provide for extension by adjoining properties, as determined bv the City. B. If the City reEjuires a storm drain system greater tRan tRat needed to service the sUBai'.'ision itself, the developer shall install the additional necessary improvements. =FRe City may, in its discretion, enact an ordinance est;:lblisRing the fees requir-cd for other persons and developers to pay in order to connect with sueR lines. If established, such fees must Be calculated on a pro Fata basis. The fees ffiay Be used t-o reimBurse the developer f-or tAe cost of tAe ;:ldditional system. If tAe costs of tAe additional improvement arc not recoverable, the develol3er sRal1 P;:lY the entire costs of the iffiprovement as ;) condition of tRe subdivision approval. 15-3-9 Water S stems A. The developer shall provide the subdivision with a complete water main supply system as set forth in Section 16-3-3. Potable Water Use and Service, including hydrants, valves and all other appurtenances, which shall be extended into and through the subdivision to the boundary lines and beyond as may be necessary to provide for extension bv adioinino properties, as determined bv the City. The system shall provide for a water connection for lots and shall be connected to the City water system. B. If City requires a water main to be greater in size than that needed to service the subdivision itself, the City may share in the expense thereof on a pro rata basis. Such cost- sharing shall be accordino to the procedure set forth bv the City Manaoer. Anv pavment of excess costs bv the City shall be pursuant to State law. 15-3-10 Clustered Mailboxes A. All new residential or commercial developments constructed after (the effective date of these reoulations) that receive curbside deliverv of mail shall have clustered mailboxes, 28 Staff Recommended Drajl February /, 2008 unless an exception is approved by the United States Postal Service. The location of mailbox clusters shall be noted on the plat, B. Mailbox clusters serving residential developments shall be convenientlv located for residents. To that end, mailbox clusters should be located within one block or approximatelv 600 feet walkinq distance (whichever is less) from anv residential property served bv said mailbox cluster. Mailboxes should be located in a manner that provides safe access for residents. e.g. does not require residents to cross heavilv trafficked streets, etc. Drivewavs shall be allowed no closer than 12 feet from the location of a clustered mailbox as measured alonq the curb line of the frontinq street. Mailboxes must be located in a manner that will not violate the City's intersection visibilitv standards. Locations and desiqn must be approved bv the City and the United States Postal Service. Dependinq on the size and location of the clustered mailbox, the City mav require a vehicular pull-over lane built to City specifications. C. Mailbox clusters shall be located on a concrete pad built to City specifications. To provide for pedestrian access, a 5-foot-wide concrete sidewalk shall be provided from the mailbox cluster to the adiacent public street and sidewalk. An accessible route shall be provided accordinq to ADA Standards for Accessible Design. The cost of installation. includinq but not limited to box units and concrete pad and sidewalk access shall be borne bv the developer, and subsequent maintenance shall be carried out bv the United States Postal Service. 15-3-11 Markers An iron rod not less than one hulf inch in diameter and 21 incRes long meeting specifications of State Code shall be placed as follows: A. At the intersection of all lines forming angles in the boundary of the subdivision. B. At block and lot corners and changes in direction of block and lot boundaries. C. At the beginninq and ending points of curves and at lot lines intersecting the curves. 15-3-12 S ecifications A. The type of construction, the materials, the methods and standards of subdivision improvements shall be according to City standards. stundards approved by tt1e City Engineer. Said standards are on file in the office of the City Enqineer. B. Construction plans and specifications, includinq plans for subdivision erosion control measures, shall be submitted to the City Engineer for approval prior to construction. PiafIs for subdivision erosion control meaSl:lr-C3 must also be submitted. Construction shall not be started commence until the City Engineer approves the plans and specifications. C. If the infrastructure and/or gradinq cannot be desiqned to complv with City standards a new preliminarv plat mav be required at the discretion of the City. D. Record of Construction drawinqs must be submitted in hard coPY and in digital form before public improvements will be accepted bv the City. 29 Staff Recommended Draft February 1, 2008 15-3-13 Ins ections A. The City Engineer or designee shall inspect the installation of all public improvements in new subdivisions to insure compliance with the requirements. B. The subdivider shall bear the cost of such inspection, which shall be the actual cost of the inspection ef Qy the City. C. Grading shall be inspected and certified bv the developer's engineer. 15-3-14 Off-Site Costs for f!!!!lif ~ A. From time to time off-site public improvements are necessarv to enable the subdivision and development of a property. At such times, the subdivider shall be responsible for the extension of infrastructure. If said infrastructure or certain aspects of said infrastructure is included in the City's Capital Improvements Program in a vear coincident with the development proposal. the Citv may. at the Citv's discretion. assume responsibilitv for the extension of the subiect infrastructure. 8, At the time the my Cauncil approves preliminary subdivision plat for an out of sequence clevelopment, tAe resolutian of approval may specify that the development is Ol:Jt of sequence and may designate which, if any, off site costs arc FCcoveruble by the developer. C. Off-site improvements shall be designed and constructed according to plans and specifications approved by the City Engineer and shall be of sufficient size and capacity to serve the full area capable of being served by the type of improvement so that the City will not be required to construct parallel or duplicate facilities. If said infrastructure is qreater in size than that needed to service the subdivision itself, the Citv, at it's discretion. may share in the expense thereof. Such cost-sharinq shall be accordinq to the procedure set forth by the Citv Manager. Any pavment of excess costs bv the Citv shall be pursuant to State law. D. Recoverablc aft site costs ma'{ include tAe cost af engineerin!"J, prdiminary reparts, property valuations, estimat-cs, plans, specifications, notices, legal services, acquisition of land, consequential damages or casts, casements, right of way, construction, repair, supervision, inspection, testing and interest during construction and for nat more than 6 months thereafter. E. If tAe City Council determines that developer may recaver off site costs, the amount of aff site cO::;ts to be recovered shall Be determined as f-ollows: '\5 part of the application far final subdi'Jision plat approval, the developer shall submit a proposed estimate af aff site costs for appro'Jal by tAe City Engineer, to!"Jether with a nonrefundable revie',v ke of 3 percent af the proposed estimate. The City Engineer shall approve the prapased estiffiate only if the Engineer finds that, at the time af apPFOval, the estiffiate is consistent ",itA the cost obtainable within Iowa City for iffipro'Jefficnts of tAe type proposed. Off site costs shall be recoverable only to the extent of actual costs or estimat-cd cost:s, whiche'Jer is less. F. ,^!.:. the time the City accepts an off site publiC improvement, based upon information furnished BY the developer, the City Engineer shall certify to the City Council the amount 30 StafJRecommended Draft February I, 2008 of recoverable off site cos1:s, if any, aFle the t-otallaFlEl arca or liFleal f-ootage outside of the develoi3er's site cXi3ected to Be served by the off site imi3rovefRent. G. Thereafter, the City Council may, in i1:s E1iscrctioR, by ordiRanee, adoi3t a sCAedule of fees to Be l3aid f-or connec:tion to the off site ifRpr-ovefRents. 1. Pra Rata Fee If tAe City Council elects to estaBlisA a connection ke, tAe ke f-or cacA off site improvefRent shall be pro rata, based Ui30n recoverable off site cos1:s, divided by the nUfRber of Jcres or lineal footage wAicA will be served by tAe public ifRprovefRent. 2. Reimbursement af Casts 8. The ordinance may also previde for reifRbursement to developer frofR tAe City for the extra cos1:s incurred f-or the follmving: (1) O't.'e~vidth Pa...ing The City's share, if any, will be the actual cost per linear f-oot of paving .....ider than required by the City f-or 10CJI strec1:s. (2) Oversized Water .4ains ar 5anitaf\" Sewer Lines The City's share, if any, will be tAe difference in cost between the pipe, ffiain or conduit I3lus valves and valve boxes required by the City Jnd pipe, main or conduit plus valves and valve boxes needed to service only the subdivision. II. Reimbursement af Casts If the City elects to reimburse subdivider for the costs of overwidth paviRg or oversized water mains or sanitary sewer lines, rdmbursefRent will be fRade upon the earliest to occ:ur of tAe following: (1) The City Jmends tAe Comprehensive Plan to show tAe E1eveloper's sit-c is iRc:h:Jded in the areas available f-or de'/e1opfRent in the short range; or (2) DevclopfRent of tAe area or areas Betv..een tAe developer's site ~lF1e tAe platted streets nearest to SUCA site Aas Been subst;:lAtially cOfRplet-cd. e. Interpretation For purposes of tAis Article, development Aas been substantially completed when all of the land in tAe area has been platted and building permits have been issued fer constructioR on at least 90 i3ercent of tAe lots in such area. 3. If tAe City elects to reimburse subdivider :md rcimbl:JfSement occurs witAin 21 montAs after either tAe Comprehensive Plan has been amended or intervening development Aas been substantially completed, reimburseffient will be on a dollar for dollar basis, '/VitA no interest or carrying costs. Any affiouRt unpaid at the end of the 21 montA period will thereClfter bear interest until paid at a rate equal to the rClte the City is paying OR tAe last general obligation bones it issl:led prior to the date interest commenc:ed. 1. If tAe City Council elects to adopt aA oreinance, the ordinanc:e ffiUst contaiA a legal description of the entire area served by the off site impr-oVefReAt. The City CierI< sAall file a cOI3Y of the ordinance iR the office of the County Recorder. 3] Staff Recommended Draft February 1, 2008 5. Because public improvements have a limited usefullif.c, a developer's right to reimbursement, if any, and the cff-cctiveness of each specific connection or-einance shall expire 20 years from the date of its passage. H. M such time as aAY part of the off site ar-ca served by an off site improvement is subdivided by plattin!:), the resolution approving the preliminary plat shall set fortA the amount of tAe connection fee or fees, if any, which shall be paid with respect to the subdivision. I. The City shall collect connection f-ces, if any, prior t-o the timc and as a condition to approval of cacA final subdivision plat described in subsection C of this Section. Not\'Iithstanding the f-oregoin!:), if a building l3ermit is sought forany property included within tAe area served 13'( an off site improvement before a subdivision plat is reEjuired for such arca, the appropriate ke, if ;:lAY, shall Be paid prior to issuance of the building permit. J. If the City Council determines tAat it will reimBurse subdivider as set forth ;JBm/e, the City will remit, on a monthly Basis, tAe amount of connection kes collected during the prior month. K. The reimBursement permitted in this Section is in lieu of an'y' and all other claims for reimbursement by developer, The developer, by makin!:) application f-or subdivision plat approval, waives all rights or claims against the City for reimBursement of off site costs or any costs or contributions incident to the development. 32 PLANNING LAW PRIMER An Introduction to Subdivision Regulations by Martin L. Leitner, Esq., and Elizabeth A. Garvin, Esq. 0 irst glance, subdivision re ations can appear to be a confusing collection of rules and restrictions designed to confound the devel- oper and planning commissioner alike. For- tunately, the regulations are generally not as inaccessible as they first appear, and in many communities subdivision regulations pro- vide the backbone of a successful planning program. One cautionary note: subdivision regulations do vary from community to community; we have tried to base our com- ments on the type of provisions we've found to be most typical. THE ApPLICATION AND ApPROVAL PROCESS Generally, subdivisions are divided into "major" or "minor" applications. Minor sub- divisions are those that, because of the small number of lots created, or the lack of a need for public streets or other public facilities, can be approved in an expedited manner. Major subdivisions, in contrast, require a more extensive review. For both .types of subdivisions, the first step in the approval process is often the sub- mission of a sketch plat, on which the appli- cant presents the basic concept of the subdi- vision. A meeting is typically held between the applicant and the local planning official to detennine which procedure the applicant must follow - major or minor subdivision. Addi tionally, the sketch plat allows the local planning official to initially determine if the project complies with local, state and federal law, including the jurisdiction's zoning ordi- nance and comprehensive plan. Projects which comply with all applicable regulations are allowed to proceed to preliminary plat approval. Sketch plats are also frequently cir- culated to other local and state agencies for review and comment. Fundamentally, the sketch plat serves as an early warning system for both the applicant and the municipality. Following sketch plat approval, the sub- divider may be directed to apply for prelimi- nary plat approval, or bypass that step and apply directly for final plat approval. The pre- liminary plat is a detailed set of documents and maps, sho,,~ng: lot and street layout; connections to utilities; the location of natu- ral fealures and topography; and the location of nearby parks and recreational facilities. The preliminary plat is normally first re- viewed by staff for completeness and compli- ance \vith the design and development stan- dards contained in the subdivision regula- tions. Following this, it is referred to the planning commission for evaluation. The planning commission usually holds a public hearing on the preliminary plat before tak- ing action. Planning commissions often approve preliminary plats, but impose various condi- tions. For example, a commission may con- dition approval on dedication of land for public parks; hook-ups to public sewer and water; construction of interior and perim- eter streets; or payment of impact fees. Preliminary plat approval is a signifi- cant milestone for the applicant, who can then proceed v,ith some confidence thaI Ihe commission will approve a consistent final plat. The final plat provides more detailed engineering and design drawings - it should not, however, contain significant changes in the development's overall layout and design. If required by law, the planning commission holds a second public hearing before taking action on the final plat. After the final plat is approved, the subdivider for- mally records it. COMPLETION &: MAINTENANCE OF IMPROVEMENTS The cost of needed improvements to serve the subdivision - roads, drainage fa- cilities, water and sewer systems, landscap- ing, utilities, fire protection equipment, and street signs - is typically borne by the de- veloper. While municipalities could require the actual completion and dedication of all public improvements before final plat ap- proval, this is not often done. Instead, ap- proval is typically conditioned on the devel- oper pro\~ding adequate financial guaran- tees, such as a cash escrow or letter of credit, that the required improvements will be com- pleted. . . When the improvements are comp( \ the municipal engineer will usually ins'pe6 them and certify that they are consistent ....ith the approved plat and are acceptable to the municipality. The municipality will then re- lease the security that was required of the developer. In the next issue of the Journal we will continue our introduction to subdivision regulations. We will also briefly discuss the question of "antiquated subdivisions" - a major problem in a number of states - where many subdivisions were platted be- fore local governments adopted subdivision controls. Martin L. Leitner is a partner \'V,ith Freilich, Lei/ner, Carlisle & Short/iage in Kan.,a, City, Mi,- souri, specializing in land use law. He is currently working on projects in Monroe County, Florida; Pierce County, Washington; and Hilton Head Is- land, South Carolina. Elizabeth A. Garvin Is an associate auomey with the ,ame firm. She i, assi,ling several local governments with the revision oj their land d'''\ opment ordinances. l./ PLANNING COMMISSIONERS JOURNAL NUMBER 5 JULY f AUGUST 1992 . . / " ,,', ,::~::':;:~:.'~'~;(~:{:~',:''"' ",;','>:t:,'",' . ;,~. :::!~~:~;;:"..:,;::y:t~~~;:,~'tL~:]:t~l,"tS;~}'~" .~ ',r: ',':: ';'~~';3?':~},;;;;~~:~~-':;'~:~'~" >'-'o~ FolloWingwoHd;War'lf,:stilXliv1srai1'.':i'\>"~F611'B'~ng'~-VlSi i to the tJTijf~d'5tiites' . ,.', ,', "~yo'. ...:,- ',' ',' . . ",' "',~;L"";' \ The Evolution of ~'S' . 'I)d' .".......... ..........'..... "u MSlon."" 'i' . .~ft'''''''";,,,I.,i,i..J:i](~'w,.-';... .;, ..,." ~"n '. ... a.~lgrts.' . '-".~fit/.,S,~~.'::i.~~::.C,"5~{.;t. . i'd". . '. . '. .x .rc;j+~i::,:~dj7~~g~!~T(.r~~j;;i\;;,1~~Ki;i~~,'$';~t;!.:t!1~,'$!l't~~~~ ~~~9Ig ,'>., . St~\~ left a trall of land spe~ulatlo.P) . 'sion. Local regulaupns reflected th~se ,.... YPP.! .t,~rh?seibaleful shadeJ"<;'i.",:,}i~d whiCh distorted the growth of co~nl1lyni- .needs by impositipp ?f newrequiremenlS i w.~~dert;r~ \\,qo arc tem(Jted rlt~g!"" ties. The uncontrolled subdivision of .' for mandatory dedication of roads, park droop an4 die, a1J.dlay theirboi}es; .the:. land resulted in inadequate streets, land, school sites and open space, alld by hateful Mississippi circling ang t;ddying sewers and water mains, and in the th~ use of innovative requirements for ~fore. it, and off upon its so'uih~ri1 . extension of public services far beyond payment by subdividers of money in-lieu course, a shiny monster hideous to their usable capacity. Urban areas of land. behold; a hotbed of disease, an llgly suffered from disorderly, chaotic growth In spite of these expanded regula- sepulchre, a grave uncheered by any and depressed land values. tions, urban sprawl and its attendant gleam of promise; a place without one Early subdivision regulations, problems continued. New techniques single quality: in earth or air?r wat~r, to however, were not designed to eliminate began to emerge which more c1ose]y commend it: such is this dismal Cairo." the problems of speculation and sprawl. linked the three principal police power From E. Rachlis &. J. Marqu~se; The Prior to 1928, the purpose of subdivision controls of zoning; subdivision, and Landlords, pp. 37-40 (1973). regulation was to provide a more environmehtal regulations to assure thai efficient method for selling land by new development did not impose permitting a seller to record a plat which unreasonable negative impacts on the divided a large parcel ofland into community. In addition, subdivision sequentially numbered blocks and lots. regulations were expanded to help time Sales of the land were then recorded in and phase the development of the the office of the county clerk or recorder community. of deeds by reference to the blocks and Recent years have witnessed several t( . . . . important trends i~ subdivision regu]a- '... A second penod of subdlVlslOn tion: first, subdlVlston approvals are regulation commenced in 1928 with the increasingly being predicated on the publication of the Standard City Plan- availability of adequate public services ning Enabling Act ("SPEA") by the and facilities concurrent with the impacts United States Department of Commerce. of the development; second, impact fee The SPEA offered a partial response to pa}~nents are being required of develop- the problems created by land speculation ers who create a need for or benefit from and premature subdivision. It required the provision of public facilities such as internal improvements to be made in the roads, parks, libraries, and water and subdivision; and addressed issues such sewer facilities; and third, land use as: the arrangement of streets in relation decisions are being more closely exam- to other existing or planned streets and ined in terms of their consistency with the to the master plan; the provision of community's comprehensive plan. adequate and convenient open spaces, utilities, access of fire fighting apparatus, recreation, light and air; and the avoid- ance of population congestion, including minimum width and lot areas. Many states soon adopted subdivision enabling legislation patterned after the SPEA and subdivision regulations gained accep- tance as an imponantlocalland use ( C\,_ wi measure. Land Speculation: One of the more famous \~ctims of land speculation was Charles Dickens. In the ]840's, Dickens invested - more than he could afford - in prime land located in Cairo City, Illinois. Unfortu- nately for Dickens, this "prime land" was submerged for the greater part of the year. Glossary: ~MOney-;n-lieu-~fland: a requirement imposed by local government on new development for the payffient of money into a municipally earmarked fund instead of dedicating land. The advantage of money in lieu-of- land for the community is that the funds can be used to acquire the most desirable land, rather than that which may be offered by the developer. For developers, in-lieu payments allow for a clearer identification of development costs. Impacl Fees: charges levied by local governing bodies against new develop- ment for its pro-rata share of the capital costs of facilities necessitated by the development. Impact fees further expand local government's flexibility to provide these needed capital facilities. Concurrency: the requirement that the public facilities needed to serve a new development be available at the time the development is built. Consistency: the requirement that subdivision regulations, zoning regula- tions and capital improvements programs be consistent with the comprehensive plan and each of its elements; and that individual land use decisions also be consistent with the plan. PLANNING COMMISSIONERS JOURNAL NUMBER 5 JULY / AUGUST t992 II PLANNING LAW PRIMER An Introduction to SubdMsion Regulations 6he first part of our article Part II 0 (~~ Journals July/August by Martin L Leitner, Esq., and Elizabeth A. Garvin, Esq issue) we discussed the applica- tion and approval process, as well as how most communities deal with the comple- tion and maintenance of improvements in approved subdivisions. In this second part, we will focus first on design requirements in subdivision regulations, and then pro- vide you with an introduction to public facility fees and "antiquated" subdivisions - topics that may come up in your area. DESIGN AND DEVELOPMENT STANDARDS Design and development standards are incorporated into subdivision regula- tions to assure that developers comply with a wide assortment of local requirements, including items such as: lot arrangement and dimensions, landscaping, soil preser- vation, road design, road dedication and reservation, drainage and storm sewers, water facilities, sewerage facilities, side- walks, utilities, parks, playgrounds, and preservation of natural features . The criteria utilized in design stan- dards are intended to rellect community values, goals and objectives; to harmonize the development with surrounding areas; and to implement the local plan. Design and improvement standards vary considerably in their level of specific- ity to rellect the divergent needs of com- munities. For example, one local government's subdivision regulations may establish specific criteria for roads, cover- ing grading, topography and arrangement, block size, access between and among road types, road names, design standards, lay- out of intersections, and dedications and reservations. Another community, how- ever, may choose to set road requirements through a subdivision improvement agree- ment reached with the developer. Landscaping requirements are an- other area of subdivision regulation which frequently expose an entire spectrum of views. Some communities, not leaving anything to chance, specify the exact type of tree or shrub which will be required on a given site or project, often providing lists of native plants and acceptable vegetation. Other communities take more of a wait- and-see approach; they require some type oflandscaping or buffer, but wait until the developer presents a site plan to deal with the specifics. ".. .11\IPACT FEES SIIOULD RElY LIf'ON A C\PIT\L 1i\Il'RO\'E1\IENTS PLAN \\IIICII DETAILS TIlE NECESSARY PUBLIC 1\Il'ROVDlENTS... " Differences in subdivision design re- quirements do not always rellect just the needs of the community; on occasion, they mirror the response of an entire region to a problem. Example of this are energy con- servation standards (which are most com- mon in the Northeast), water supply and drainage requirements (common in the West and Southwest), and the timing of construction of public facilities (often found in states having experienced rapid growth, such as Florida and Califor- nia).)). Timing..., p. 11 PuBLIC FACIUlY OR "IMPACT" FEES In addition to necessary "on-site" fa- cilities, a proposed subdivision may trig- ger a need for "off-site" facilities, such as an arterial road to accommodate traffic anticipated to be generated by the devel- opment, or the extension of a sewer inter- ceptor line to the property proposed for subdivision. Many municipalities now re- quire as a condition of subdivision ap- proval that new development pay its pro rata share of the cost of the new off-site capital improvements necessitated by the development. Public facility - or impact - fees should rely upon a capital improve- ments plan which details the necessary public improvements; the drawing of ap- propriate service areas; and the calculation of fees based on the number of dwelling units or square feet in the proposed development.~lmpac! fees, p.JJ Impact fee revenues collected from de- velopers must be "earmarked" or placed in segregated fund accounts and expended only in the benefit area from which they were collected. The fees may then be used to fund the construction, engineering and land acquisition costs of public facilO. needed to serve the new development they cannot be used to correct existing defi- ciencies in facilities or to pay for operating costs. Finally, impacl fees are refundable if not spent within a reasonable period of time. ANTIQUATED SUBDIVISIONS In many communities throughout the United States, land was platted before local governments adopted subdivision con- trols. While this practice benefited devel- opers - who were able to divide their property and sell lots without incurring any capital improvement costs - the re- sult has often been disastrous for local gov- ernments, which later found themselves with thousands of developed, partially de- veloped, or undeveloped lots in separate o....'Ilership in subdivisions that did not meet even minimal regulatory standards. Local governments then have the unenviable choice of either limiting devel- opment rights in the subdivision - CCT- tain to be anathema to individQ' landowners who intended to retire "I homes on these lots - or allowing devel- PLANNING COMMISSIONERS JOURNAL NUMBER 6 SEPTEMBER I OCTOBER t992 . (0 opment pursuant to the subdivision plan and providing all of the necessary internal subdivision facilities and services at public expense. Some modern subdivision regulations employ techniques to minimize this prob- lem in the future. One method used is to require that developers reapply fDr subdi- vision approval whenever they request any material changes to their approved plats. This helps ensure that the subdivisions comply with current regulations. A second technique available to local governments is "plat vacation." This is a process by which the governing body approves the elimination of a plat, in whDle Dr in part. When the entire subdivisiDn is still in single ownership, plat vacatiDn may be initiated by either the property Dwner Dr the gDverning body; hDwever, when the lDts are Dwned by individual property Dwn- 'Q the vacatiDn must be initiated pri- . ely, and must have the consent Df all Df the Dwners - a sDlution that, in practice, is quite difficult tD achieve. SUMMING Up: MDdern subdivisiDn regulatiDns can deal with a wide range Df land develDp- ment issues tailored tD specific local poli- cies, gDals and needs. CDmbined with a comprehensive plan and zDning regula- tiDns, subdivision regulatiDns are an ex- tremely useful planning tDol to guide growth and develDpment)). Relationship... Martin L. Leitner is a partner with Freilich, leitner, Carlisle & Shortlidge in Kansas City, Mis- souri, specializing in land use law. He is currently worhing on projects in Monroe County, Florida; Pierce County, Washington; and Hillon Head Is- land. South Carolina. Elizabeth A. Garvin is an associate attorney with the same finn. She is assIsting several local governments with the revision of their land devel- j"''Jp1t ordinances. Elizabeth is also completing Vmaster's degree in urban planning al the Uni- versity of Kansas. PLANNING COMMISSIO :.: ~$i~"3~~t~:;~ ,,~;,.~;~ .. . ;Impaci'/e,.,.,. elude. ~, '''''-''''''':'',~: "":'~'":""'.~.__: ...,,"I.'tn.'.Ii.g....te.ma:.t.I... a.'.psri......cl,~_......:............f......1'~5. ~.n~l'prol'ri~t ". . ...6ili:1S lp ihe de:velopfu~l\r #giJJ~tib115,;'Y.1W:)t:~.,'.i.~l~~~~e,4.Fa~ii~~~s..~m- ereni pur- ;m(lI~IYI~I)$~ ~Yln,'plict fee.flncJ}lcj~J i: ,. . .' . . , " - -. ,~,.. . .ro~ds,ti1iti$p6riatlon faciliti~; seh6'b1S;:', ",.pose, bill the two w ich are'most fre- .. '.,' "d", ..,., '.' .', ~:."~ij~HtIi:~9nfti,~~~r~ !h~~i@~ion ahd ~:r::&t~a~;ti:~?';:r~:rd~a'l~~:~e "..:~~f),\ii~ r.~gul~t,iR~.~_lfh,~{igfp~rls of these . stations/equipment. .' '.' ~i1.~~8~e?!, II)j'>:,o,~~~sj'?ga,u)\.8y'SJlap, and , ,. . " '. '. . ,> In ni.ariy,instancet;croSSnreference each, Editor'~}f()te: ImpactJees are a complex :Z'C;ih~r'-Ih~~ha~~ diife~~tfuri~liri~,and tOl'i~,Only briefly touched on in this iirtide. ',. $~fv~(lifrer.;ni' ,. 's~: '"," , There i~ ~lsQan ongoing debate over' the I . ;j;:;'r.if'.~iiXh~,~~ll . ,,' ?~ .~~_4~igt)e.d"1~'its~:;i'14f~fT?Jes,~. . Of~ir~.i~~!;)'.". . ;!<:p.~~tily.l'?: iJie-dlvision of laQd fees. Imp.iic(fee~starsc/lllalSoinvolve::;"" ". into'Pllrcels an to e~';i{ili;j:tth~'layoilt o~ .:t,?n~,~rcib~~~~~!i.idp~o!,"r'rY~.,~i;;p;~.~{?:' .' " '. ',. - :",." ".,..-,.,,<:..", .;<- "",".. . - d'. --if .. I ... .. II- v'. th S t;~~;. tl c" c," I '11 '. a...rillnJ.ster.>'.OjspeCl.a. concern'to sma ,er ,', ;'. :~:.u~'le,iy-creat;;..l'arc=o~o~~ " ", .' ",., " '. ~:_: ~'appn;~~;t~iyc~hfigo.i~'~.n.'~'prop~flY , v ;CO~rtllj~lii~:'.WehoPe to have aftiture'" " "~.rvM liy,'l)1ibli~f;,dlitleilncoiitrast,the JO':'rnalariicle providing a morcin-depth P#.~R6tii,~i~g'i~g;;iKti~~j;:~#~le_'oOlialimJilUt.f"eS: ..\<.. men,t the cmnpreheJlSive pian bY specifying ~~tteduSe;; andde~ties of develop- ment, height, setback; oPeD spQceand ~elaiedrequir~m'enlS. On<~hoi11d note, however~ that there Ms been a recent trend tOWlircIsthe adoption of "unified" dev~lop- merit codes,whichconsolidaie zoning and subdiVIsion n;gu13tions iit a single docu- ment. -Resources ~ _ ..~ ~e\'~ral good ~urces are available for those interested in acquiring a more detailed understand- ing of various aspects of subdivision regulation. ThC!;e include David L1stoken and Carole Walker's The Subdivision and Site plan Handbook (Rutgers Center for Urban Policy Research 1989), available from the APA Planners Press, 312-955- 9100, and James Kushner's Subdivision Law and Grow/h Management (Clark Boardman Callaghan 1991,800-221- 9428) (dealing primarily with legal is- sues). Also scheduled to be published by the American Planning Association later this year is the second edition of Model Subdivision Regulations: Text and Commen- tary, by Robert Freilich and Michael Shultz (a complete revision of the popu- lar 1975 publicatiDn). t ~m~'4n~g f: r: , i ~'. ~, ~l ~ ~, ~< (, ~ 1:1. ~, Modem growth management and coor- dination techniques originated In the subdi- vision process, and were upheld in the landmark New York court decision of Golden v. Planning Board of Town of Ramapo. In Ramapo, the CDurt allowed timing and sequential control of residential subdivision activity for periods of up to eighteen years. Growth management, as it has evolved in the Iwenty years since the Ramapo decision, emphasizes the Impor. tance of timing and phasing new develop- ment. This enables communities to ensure t~t their public facilltiet; and services are capabie~f adequately serving the increased p~p~lation resulting from the new develop- ment.",. ~RS JOURNAL NUMBER 6 SEPTEMBER I OCTOBER 1992 ~... II .' FEATURE Improving the Subdivision Review Process .r wonder why the vast '-ity of subdivisions look so much alike, despite the fact that they are built in such varied landscapes (forest, meadow, field) and on different terrain (flat, rolling, steep)? The simple answer is that most of them are designed generically, in "cookie-cutter" style, with very little regard to the special natural or cultural features that give many proper- ties their distinctive character. In most municipalities, subdivision design regulations have never evolved beyond the basic stage where code requirements focus on a few mundane but important points: soil suitability, wet- lands, floodplains, street paving, stormwater management; and on a few mundane but rather unimportant points: street frontage, lot-line setbacks, lot area. The sad reality is that most localities do not require subdivisions to consist of anything more than house lots" streets, and drains. As a result, subdivisions are approved as long as plans show house lots with the minimum required size and frontage, and avoid areas that are inher- ently unfit for huilding, such as wetlands and floodplains. When community stan- dards are set so very low, developers often respond with the least imaginative subdivision designs. As I will argue shortly, it does not have to be this way. In fact, with only a by Randall Arendt modest amount of additional effort, even smaller communities can implement a much more effective subdivision review process - a process which will result in better designed and sited residential developments. But first, let me briefly identify four common flaws in the typical subdivision review process. FOUR COMMON FLAWS IN SUBDIVISION REVIEW The first flaw is that most local ordi- nances fail to require that applicants sub- mit detailed surveys or inventories of their sites features, beyond those few fea- tures which would render property unbuildable (i.e., wetlands, floodplains, steep slopes). Similarly, most ordinances do not require maps depicting the sub- ject parcel's surrounding COlllexL Second, most municipalities do not require planning board members to walk the land. Yet a group site visit, which also invites abuttors and others interested in the development, is essential to an lOne of the my~teries many planning commissioners encounter is the 50-called "Preliminary Plan." 1n many communities. commis...ioners are surprised to discover that the preliminary subdivh:;ion plan is actu- ally closer to a final document in its level of detail, and the time and cost thai the applicant has expended on preparing it .As I have nOled, lhi.':; makes appHcanls more resistant to changes suggesled by commission- ers or other$. A much greater emphasis needs to be placed on the preparation of an existing resources/site analysis map. site walks, and sketch plans. These should be required by local ordinance before the pre- liminary plan submission. understanding of any property. Third, many local subdivision regula- tions require highly detailed design drawings at the so-called Preliminary Plan stage. This means that developers may have spent tens of thollsands of dol- lars in preparing their the very first sub- ' mission. Understandably, developers are not inclined to discard sllch plans, even if better ways to design the developmelll are poillted out to them by planning staff, planning board members, or others.' Fourth, subdivision layouts are often prepared by people trained in recording site data and in street and drainage issues (surveyors and engineers), bm who have little or no expertise in the field of land- scape architecture or neighborhood design. DEVELOPING A BETTER SUBDIVISION REVIEW PROCESS Three sequen tial steps can be taken that will dramatically improve the subdi- vision review process: L Require the applicant to prepare a Con- text Map of the immediate area and a detailed Existing Resources and Site Analysis Map of the property; 2. Conduct a site walk with the appli- cant, planning staff, planning board members, and abuttors very early in the process; and 3. Require the applicant to submit an inexpensive conceptual Sketch Plan as the first layout document, before prepar- ing detailed layout and design drawings. These straightforward and fairly sim- ple steps can yield major benefits by allowing all parties to understand what is important about the property, and to engage in a process that is collaborative and consensual, instead of adversarial and combative.' 1. Mapping the Property. Good maps are essential tools in many aspects of planning, but perhaps PLANNING COMMISSIONERS JOURNAL / NUMBER 50 / SPRING 2003 m nowhere more so than in the review of residential subdivisions. Context Map. While many subdivi- sion regulations do call for a location map, such maps must have the scope and content that will enable staff, planning board members, and others to acquaint themselves with the resources and devel- opment patterns near the development site. This kind of understanding is criti- cal to planning for improved buffers and open space connections, and lessening developmental impacts in the neighbor- hood. A good Context Map can be based on data from already published sources such as aerial photographs, USGS topo sheets, FEMA floodplain maps, tax maps, and U.S. Fish &: Wildlife Service wetlands maps. This will also minimize the devel- oper's cost in preparing such a map. The Context Map should then be reproduced by the applicant's engineer to the same scale (l inch = 400 feet), showing reviewing officials the location of natural features and development patterns on properties within one-half mile of the development site. Existing Resources/Site Analysis ("ERISA ") Map. Just as it is critical to see the broader context of a proposed subdi- vision, it is necessary to have a clear understanding of the characteristics of the site itself. Again, good maps - pre- pared at the outset of the process - are essential. \\That we term an Existing Resources/Site Analysis Map provides a greater amount of essential information than is typically required in most subdi- vision regulations, and should document the location of a large variety of site fea- tures. In my experience, the ERISA map is the single most important document in the subdivision design process, as it pro- vides the factual foundation upon which all design decisions are hased. The ERISA Map tells reviewers what 2 Based on the work I have done at Ihe Natural Lands Trust over the last decade in the Growing Greener program (supported by Pennsylvania's Dcpl. of Con- servation & Natural Resources and Dept. of Com- merce & Economic Development), the reforms which I recommend often begin \\-1th updating local subdivi- sion regulations 10 include [he above-mentioned items. they need to know about the property in tenns of its noteworthy natural and cul- tural features. Drawn to a scale of one inch equals 100 or 200 feet, it reflects an in-depth understanding of the site by mapping out a range of significant fea- tures, such as the location of note- worthy trees or tree groups, and unusual geological " formations. In this way.",..,.. '" '.,.':, '"$}I .;.\',;.:' .~ reviewers can, for exam- ,..d ,"'- pie, identify those parts of woods that are most worthy of conservation and which should be "designed around," In addition, an ERISA map can iden- tify farmland soils by productivity class; locate vernal pools and their associated upland habitat areas (essential in the life- cycle of salamanders and other woodland amphibians); map out significant view corridors into the property from public roads or highways; and, in the absence of sewers, show soil suitability for septic sewage disposal.' The use of GPS (Global Positioning Systems) technology has made the docu- mentation of this type of information rel- atively easy and inexpensive, In fact, a gro~1ng number of communities already routinely require that plans, for example, show the location of every tree greater than a given diameter, and that these trees be identifi ed by species 011 the drawing,' In this way, reviewers can iden- tify those parts of woods that are more worthy of conservation and "designing around" (which trees to hug and which to let go), However, I would not require this information for trees growing in areas that would not be disturbed because of their location within pro- posed conservation areas, An ERISA Map is typically prepared by a landscape architect for the developer, 3 Septic systems need the deepest, bcst.draincd ~oil that can be provided, and those areas must be "designed around" just as carefully - and from the very beginning - as :my of the ~Primary Conserva- tion Areas," so they may be reserved for sewage treat. mcnr and cffiuent disposal and not be carelessly covered by foundations, driveways, or streets. To maximize the amount of open space, it is often best to locate septic drainfields (either shared or individual ones) off-lot, in easements under conservation mcad- O\\'S, neighburhood greens, and ballfields. and may also reflect input from con- servation biologists and historic preservation specialists, Such information, provided early in the process, enables the site designer, the developer, and muni- cipal officials to make better-informed decisions.' If officials agree that these items are necessary and should be submitted at some point during the subdivision appli- cation process anyway, it doesn't increase the applicant's costs for them to be required up front where the important information they provide can be of the greatest use (helping to avoid wasting money on plans that do not take these features fully into account), 2. Site Walks. Because it is impossible to completely understand a site only by examining a two-dimensional paper document inside a meeting room, it is essential that - ,,;th the ERISA Map in hand - planning board memhers, conservation commission members, and staff walk the property with the applicant and any interested Wtltilll..lfd on page 14 4 With respect to the diameter al which a tree becomes noteworthy, I recommend girths relateJ to specific species, such as 4 inches for holly or Om.ver- ing dogwood, 6 inches for a sassafras or water beech, 10 inches for a wild cherry, 14 inches for a red or white oak, 16 inches for a tulip poplar, 18 inches for a sycamore, etc. 5 For more details about the ERISA map, as wen as model ordinance language related to such a map, see Randall Arendt, Growing Greener, PUlling Conserva- tion into Local Plans and Ordinances (Island Press, 1999), PLANNtNG COMMISSIONERS JOURNAl. j NUMRER 50 I SPRtNG 2003 In ')Q=~~:~~ I recoll!mend that local regu- lations require Sketch Plans be prepared by a landscape architect or physical plan- ner working with a civil engineer. Under this approach, surveyors and engineers wou ld continue to perform all of the usual surveying and engineering. Hawev- er, the conceptual design and layoUl is best handled by a landscape architect or physical planner. Some municipalities further enhance this process by increasing the applicants fee to hire the physical . planner or landscape architect to walk the site, conduct the site analysis, and pro- duce a Sketch Plan, thereby launching the developer in the right direction. Develop- ers "',th whom I have worked are ofteu skeptical of the value of this approach until they try it once. Mapping Potential Conservation Lands A community-",de map of potential conservation areas is a quite useful tool that planning departments should consid- er preparing. It identifies those parts of undeveloped properties where the munic- ipality has preliminarily detemlined the importauce of designing new develop- ment around certain land and water fea- tures in such a way that an interconnect- ed network of conservation land can be protected. Such areas may include lands along stream valleys, blocks of mature woodland, as well as prime farming soil, and historic or cultural features important to the community. Besides informing local officials of the nature and extent of particular kinds of resources on any property proposed for subdivision development, the map also supplies the contextual view so that all parties will be able to see and appreciate how designing around certain features can preserve an interconnected network of open space running across numerous parcels. For more details on conservation mapping, see Randall Arendt, Growing Greener: Putting Conservation illto Local Plans and Ordinances (Island Press, 1999). Early site walks are of critical importance and should be done with the Existing Resources/Site Assessment map in hand. Improving the Subdivision Review Process,.. continued from page ]3 neighbors. This will allow everyone to take the full measure of the proposed development site, and help determine which site features are most worthy of "designing around." We have found that nearby property owners greatly appreci- ate being included, and are much less inclined to fight a process which has involved them from the outset. Without the benefit of experiencing the property in a three-dimensional manner at a very early stage in the process, it is extremely difficult for staff and officials to offer informed sugges- tions as to the preferred locations of conservation areas and development areas, and to evaluate proposed layouts. Site walks should be "standard operat- ing procedure," and part of the job description for all planning board mem- bers (except those with physical disabil- ities). Local officials who take their first site walk with a detailed site analysis map in hand, meeting the applicant, the applicant's site designer, and abuttors in a casual and informal way, tell me they wouldn't think of missing this critical part of the process ever again. Regarding timing, I suggest conduct- ing the site walk even before the appli- cant prepares a Sketch Plan (discussed shortly). I also usually end the site walk with an informal design session, where the significant natural and cultural fea- tures (from the ERISA Map) are identi- fied, and possible ways of designing around them discussed. Of course, site walks must be adver- tised as public meetings, although they are essentially informal meetings during which no decisions will be reached. Edi- tors Note: For more on the conduct of site visits, see Greg DaleS "Site Visits: Necessary But Tricky," in PC] #39 (Slimmer 2000). 3. The Sketch Plan. The Sketch Plan is the next key doc- ument in the subdivision process, and second in importance only to the Exist- ing Resources/Site Analysis Map. The Sketch plan sets out the overall concept for the subdivision, showing areas of proposed development and areas of pro- posed conservation. The Sketch plan is most useful when drawn to scale on white tracing paper as an "overlay sheet" to be lain on top of the ERISA Map so that everyone can clearly see how well - or how poorly - the proposed layout avoids areas of the site prioritized for conservation. Ideally the proposed development "footprint" on the Sketch Plan should dovetail with the protection of resources documented on the ERISA Map. PLANNING COMMISSIONERS JOURNAL I NUMBER 50 I SPRING 2003 m Primary conservation areas Secondary conservation areas Potential development areas , PlanningJor subdivisions should start by identifying primary conservation areas (such as wetlands, steep slopes, and floodplains) and secondary conservation areas (including woodlands, meadows, and significant cultural Jeatures within the site). Once conservation areas are identified, the core areas Jar potential development can more easily be mapped out. Sketch Plan review is an essential step, and should occur before the applicant spends the large sums typically required for the more detailed and engineer-pre- pared "Preliminary plan" drawings. Only after agreement is reached at the Sketch Plan stage should the applicant move on to prepare the Preliminary Plan. This will give the applicant the full benefit of the site analysis, site visit, and sketch plan review - and a greater assurance of ulti- mate approval - before spending money on preparing the Preliminary Plan. Four-Steps to Better Subdivision Design The most effective method for pro- ducing subdivision layouts that are responsive to their site, and which pre- serve value-adding features, is to first focus on areas of the site to be conserved, not on areas to be developed. If this is done (and if local regulations also require that a significant proportion of subdivi- sions be designated as open space), it is nearly impossible to produce an environ- mentally unsound subdivision. This is particularly the case if that open space to be conserved is closely related to a "Community-Wide Map of Potential Conservation Lands" set out in the local Comprehensive Plan. P- Mapping Potential Conslrvation Lands. After the open space areas to be pre- served are located, the next step is to select house locations, with homes posi- tioned to take maximum advantage of that protected land in neighborhood squares, commons, greens, playing fields, greenways, famlland, or forest pre- serves. The third step involves "connect- ing the dots," that is, aligning the streets and trails to serve the new homes. The fourth and final step, drawing in the lot lines, is actually the least significant part of the process. One of the greatest weaknesses in the subdivision process in many communi- ties is that open space conservation areas are identified last, not first. As a result, the open space is often a collection of whatever bits of land that have proven difficult to develop. The other common failing is the inclusion of deep perimeter buffers around proposed developments, as if they were gravel pits, junkyards, or leper colonies! This practice inadvertent- ly leads to very poor layouts in which a substantial percentage of the total open space is consumed by this excessive sep- aration. SUMMING Up: The combined influence of the expanded Context Map, the Existing Resources/Site Analysis Map, the Site Walk, the Sketch Plan overlay sheet, and the four-step design approach described above can make a significant difference in the way developers, planning boards, and abutters approach a site's develop- ment. The end result is not only better subdivisions, but projects developed in a more cooperative, less contentious, atmosphere. . Randall Arendt is a conservation planner, site designer, author, and lecturer. He is one oj the Joremost proponents oj compact development pat- terns as a tool Jar protect- ing natural and cultural landscapes. His practice, Greener Prospects, is located in Narragansett Pier, Rhode Island. Arendt has written two other articles for the Planning Commissioners Journal: "Grow- ing Greener: Conservation Subdivision Design," in PC] #:33 (Winter 1999), and "Open Space Zoning: What It Is & Why It Works," in PC] #5 Gulyl Augu.<t 1992). He may be contacted via his web- site: < \.\!\.\!lv.greenerprospects.com >. Readers interested in learning more about Arendt's approach are referred to his books Con- servation Design Jor Subdivisions: A Practical Guide to Creating Open Space Networks (Island Press, 1996) and its sequel Growing Greener: PUlling Conservation into Local Plans and Ordi- nartces (Island Press, 1999). They may also download an 18-page booklet describing this process, at: <www.natlands.org> (click on "Planning" and then on "Growing Greener"). PLANNING COMMISSIONERS JOURNAL I NUMBER 50 I SPRING 2003 m A Contemporary Look at Cul-de-sacs and Dead End Streets Page 1 of7 [p~MEMO am ',~IJ)eI,'klln 1.lllnnlll~ ,\S,S<,ldldloll .. 'Il"h',,~ (;"'iI"I.'l Co."""""i)':"" 1/"'1'1''1' PAS MEMO is a bi-monthly digital publication of the Planning Advisory Service ~ Cu rrent Issue This Month's Feature ~ About PAS Memo Learn More ~ Previous Editions Read Past Publications ~ PAS Memo Indexes ChroDoloQ iCClLIndex Subject Index ~ Join PAS Become a PAS ,Subscriber November/December 2007 A Contemporary Look at Cul-de-sacs and Dead End Streets by Carol Thomas, FAICP "Live on a quiet street. No through traffic'" These words, commonly associated with the Garden City movement, have been used to promote residential areas since Radburn, New Jersey, was developed in the late 1920s. These short streets are generally between 400 to 1,000 feet long, have a turn around at the end, and have limited access, which can provide privacy and quietness forresidents' pleasure. On the other hand, safety officials have long objected to them, and they have sought design and construction standards to limit such "dead end" streets. Public works and safety officials' efforts to prohibit or limit the creation of dead end streets are reinforced by planners and sociologists who often object to the isolation and lack of connectivity, as well ,as the increased costs and difficulties of maintaining these streets, The isolation, some say, may contribute to obesity, because the lack of connection forces people to drive to nearby destinations. PAS Memo covered this topic in 1985 ("Standards for Dead-End Streets") and in 1998 ("The Loop Lane: A Cul-de-Sac Alternative"). The topic has recently resurfaced, with surprising interest and complexity, As available buildable land becomes rarer, the cul-de-sac has again become a popular design element to maximize land development. Because of the many issues surrounding them, planners and safety officials are rethinking design and construction standards and policies, This PAS Memo examines the advantages and disadvantages of the dead end street, looking at current practice and, where such streets are allowed, appropriate standards to be followed. Two related topics are important to note, After World War II, as narrow business and industrial strips were developed in zoned highway areas, non- residential cul-de-sacs began to appear in industrial parks. These cul-de- sacs are not part of this discussion. Also, this article does not include engineering issues, and, while cul-de-sacs are gaining in popularity elsewhere, the focus here is on the U.S. experience. Definitions A dead end street has access from only one end. The word "cul-de-sac" means "the bottom of a sack." A cul-de-sac street is a dead end street with some type of turn-around area at the closed end. In this article, I use "cul- de-sac" interchangeably with "dead end street" to discuss policy, design, and maintenance implications of streets with only one means of access. Advantages of Cul-de-sacs Developers and residents see several advantages of cul-de-sacs. Reduced Vehicle Trips and Vehicle Speed Typically there are fewer vehicle trips along a dead end street. Because there are limited destination points, vehicles may travel more slowly. Using these assumptions, there currently is a proposal in Massachusetts to create dead ends at each side of the border of two municipalities through which a http://www.planning.org/pasmemo/member/default.htm 11/5/2007 A Contemporary Look at Cul-de-sacs and Dead End Streets Page 2 of7 street passes, to prevent it from becoming a bypass during construction work on an adjacent highway. Sense of Community Because of the perception of fewer vehicle trips than on a conventional street, residents may use the street as a gathering place, and play space may even be allowed in the turnaround or in the street itself. This assumption supports the perception that these streets provide a safer environment. (For more information on this discussion, see Lucy and Phillips, 2006, Chapter 10.) Increased Lot Yield and Home Values Because one or more lots may be placed in the corner of a subdivision on parcels that otherwise might not have adequate frontage, development projects may get higher lot yields with cul-de-sacs. Also, real estate agents report a premium selling price of up to five percent for a house on a cul- de-sac. Snow Maintenance Snow may be stored and runoff handled in the center of the turn round. Design The street design may be used to encourage cluster development. Dead end streets are also common where there are constraints to through streets, such as significant wetlands, grade changes, or abutting limited access highways. m Figure 1: Acceptable. Short, private, and neighborly. Disadvantages of Cul-de-sacs While they have perceived benefits, cul-de-sacs have real and perceived disadvantages that may outweigh the advantages. Lack of Road Network Because they do not connect to other roadways and do not allow connectivity of the street or neighborhood, cul-de-sacs do not support street networks. In some parts of the country, walking paths and sidewalks link individual neighborhoods, but the roadways in these cul-de-sac neighborhoods still require driving out to peripheral roadways and then beginning the trip. Impact of Length on Traffic Speed When cul-de-sacs are relatively long (generally between 500 to 1,000 feet), they reduce their possible advantages because they may encourage increased traffic speeds and mid-block turning to reverse direction (mentioned anecdotally by police officials). Children School buses rarely travel down dead end streets. Students often have to wait on more heavily traveled through streets. Safety While cul-de-sac streets are often lauded for their safety, there can be many safety issues. http://www.planning.org/pasmemo/member/default.htm 11/5/2007 A Contemporary Look at Cul-de-sacs and Dead End Streets Page 3 of7 . An accident, stalled car or truck, fallen tree, snow pile, construction, flooding, or other obstruction can block access to interior lots, either at the open end of a dead-end street or along the cul-de-sac "spine." Fire equipment, trucks, and public works and other maintenance and service vehicles may have difficulty and spend significant time maneuvering within dead end street environments, and may have special problems at the turn around. . Hydrants may be located too far to provide adequate water in the event of an emergency. Distance from a hydrant may adversely affect homeowner insurance rates. . Because there are fewer people than on a through street to observe activities, crime may be a problem. . Emergency and maintenance personnel are likely to be limited in low-density areas, where cul-de-sacs are often prevalent. Because maintenance and delivery vehicles must double back, service costs are higher per unit along a dead-end street. In addition to the time loss, there is also additional fuel consumption and related air pollution. Affordability of Homes The cost of homes may be increased. As mentioned earlier, comparables show at least a five percent higher value than for the similar house type on a through street. This may have an adverse effect on affordability. Snow Maintenance Although snow can be stored and runoff handled in the center of the turnaround, snow plowing is a particular challenge on dead end streets. Because the streets are not continuous, the plows must back up or turn around, spending an excessive amount of time (and fuel) to clean just one low-volume roadway. Frequently, because vehicles cannot drive through, the street is not entirely cleared, or not cleared at all. Ownership and Maintenance If the street is extended and the turnaround abandoned there may be legal problems with title to the excess land and with the legal requirement for frontage, Responsibility for maintenance of the land in the cul-de-sac may be undetermined. Water Service Historically public water systems were located on main or through streets, and stubbed to the cul-de-sac homes. Today water delivery systems have generally become more sophisticated. It is essential that the design and construction of these systems provide capacity and pressure to assure adequate delivery of water, and to prevent sedimentation and other degradation of the infrastructure. Some municipalities require sprinkler systems in residences if the street is longer than standard, although this is largely ineffective where there is no on-site water supply. Isolation While a cul-de-sac neighborhood can provide the sense of a close-knit community, the limited interaction may result in more than physical isolation. The long-term impacts from this will likely continue to be studied over the coming decades. http://www.planning.org/pasmemo/member/default.htm 11/5/2007 A Contemporary Look at Cul-de-sacs and Dead End Streets Page 4 of7 m Figure 2: Unacceptable. Cul-de-sac off cul-de-sac extends the length. Street Standards Keeping these advantages and disadvantages in mind, planners and engineers generally have agreed that, if allowed, cul-de-sacs should be used with caution. As discussed, financial, safety, and aesthetic considerations all contribute to determining an appropriate length for dead-end streets. In urban areas a reasonable maximum length for dead-end streets is 500 feet, unless additional emergency access is provided. If topographic conditions are unusual, such as in hilly terrain or along canals in water-oriented communities, longer lengths may be considered. In these circumstances, greater lengths or extensions should be allowed only when services can be provided. Over the years other standards for dead-end streets have been developed, addressing cul-de-sac diameter, "T" or hammerhead design, maximum grade, pavement width, right-of-way, median strips, and number of residential units to be served, for example. In 1939, the American Society of Civil Engineers Committee of the City Planning Division on Land Subdivision, chaired by pioneer planning consultant Harland Bartholomew, recommended that: . dead-end streets not exceed 300 feet in length; . they be at least 40 feet wide; and . they terminate in a circular right-of-way with a minimum diameter of 70 feet unless "the Planning Commission approves an equally safe and convenient form of paved space instead of the required turning circle." These early standards have been augmented and revised over time. Below are the standards presented in the 1985 PAS Memo together withrecommended practice based on responses to a call for information earlier this yea r. 1985 Standards 2007 Standards Length (the linear 500 feet maximum2 500 feet maximum2 distance from the No minimum 250 feet minimum entrance to furthest point, exclusive of interior branch streets 1 Right-of-way width 50 feet Varies, depending on requirements for divided street, center landscaped strip, and run-off provisions Cul-de-sac diameter 90 feet 90 to 120 feet Maximum grade 5% 5% Pavement width 20 feet 24 feet Trips per day Not addressed 250 (based on 25 dwelling units with an average of 10 trips per day) http://www.planning.org/pasmemo/member/default.htm 11/5/2007 A Contemporary Look at Cul-de-sacs and Dead End Streets Page 5 of7 Number of residential Varies 25 single-family units to be served units; number of multifamily units varies with design Turnaround design Circle Circle, dog leg, or "Tn (circle preferred) Turnaround None required Pervious surface landscaping required Parking on turnaround Not addressed Prohibited Stormwater None required Required where management areas effective Divided entrance Not addressed Required for safety Signage Not addressed Required for safety and to avoid confusion Maintenance Not addressed Agreement required; includes land in turnaround Parking Not addressed Prohibited on the roadway unless the right-of-way or paved area is increased Connections Not addressed Required to bikeways and walkways where they exist; breakaway gates and other vehicles Dead-end street off Not addressed Prohibited dead-end street Hyd ra nts Not addressed Located at end of water line or at the low point Legal issues Not addressed Municipal agreements and deed restrictions required for future extensions and disposition of excess land if there is an extension View lines, Not addressed Subject to local pavement types, design and drainage construction standards Street lighting Not addressed Required Sidewalks Not addressed Desirable Conclusion While there are pluses and minuses to dead end streets, generally they http://www.planning.org/pasmemo/member/default.htm 11/5/2007 A Contemporary Look at Cul-de-sacs and Dead End Streets Page 6 of7 should be avoided, or at best used with caution. When they are used, there are certain principles that must be followed: . Limit the length of a dead-end street to no longer than 500 feet, especially on slopes. . If the length exceeds the recommended maximum, provide emergency access by easements or other similar means. . Diameter of the cul-de-sac should be 100 feet (size may vary if drainage is good or if the turnaround is more oval in shape). . Grade should not exceed five percent. . Interior of the circle should be landscaped. . Pave the street for safety and ease of snow clearance. . Consider looping the water supply system to ensure delivery. . Do not branch a second dead-end street off of a cul-de-sac, in effect extending the dead"end street. Author Information Carol Thomas, FAICP, is a land use planner who practices in the northeast and in China. She is a former AICP president and former chair APA 's Private Practice Division. For many years she was an adjunct professor at the University of Rhode Island and at Harvard University's Graduate School of Design. She received the 1996 APA Distinguished Service Award. Megan Diprete, AICP, assisted with the early research on current practice for this article, and Whitman Stephens provided the illustrations. References American Association of State Highway and Transportation Officials. 1981. Design Guide for Local Roads and Streets. Washington, D.C.: AASHTO. American Health Association. 1948. Planning the Neighborhood. Chicago: Public Administration Services. American Society of Civil Engineers. 1939. "Land Subdivision." Manual of Engineering Practice - No. 16. New York: Committee of the City Planning Division on Land Subdivision. American Society of Planning Officials. 1975. Model Subdivision Regulations, Text and Commentary. Chicago: American Society of Planning Officials. DiChiara, Joseph, and Lee Koppleman. 1978. Planning Design Criteria. New York: VanNostrand. 1978. Site Planning Standards. New York: McGraw-HilI. 1984. Time-Saver Standards for Site Planning. New YOt'k: McGraw-Hili. Efrati, AmiI'. June 2, 2005. "Homeowners Love Cul-de-Sacs; Planners Say They're Perils." The Wall Street Journal. Handy, Susan. 2002. "Street Connectivity: You Can Get There from Here." PAS Memo.Chicago: American Planning Association. November. Handy, Susan, Robert G. Paterson, and Kent Butler. 2003. Planning for Street Connectivity: Getting from Here to There. PAS Report 515. Chicago: American Planning Association. Institute of Transportation Engineers. 1964. "Recommended Practices for Subdivision Streets." Traffic Engineering. Arlington, Va.: ITE. September. Kostka, V. Joseph. 1957. Neighborhood Planning. Winnipeg: The Appraisal Institute of Canada. Listokin, David, and Carole Walker. 1989. The Subdivision and Site Plan Handbook. New Brunswick, N.J.: Center for Urban Policy Research, Rutgers, the State University of New Jersey. Lucy, William H., and David L. Phillips. 2006 Tomorrow's Cities, Tomorrow's http://www.planning.org/pasmemo/member/default.htm 11/5/2007 A Contemporary Look at Cul-de-sacs and Dead End Streets Page 7 of7 Suburbs. Chicago: American Planning Association. Pelletier, Mike. 1998."The Loop Lane: A Cul-de-Sac Alternative." PAS Memo. Chicago: American Planning Association. May. NOTES 1. Branch streets are not generally allowed. 2. Length may be up to 1,000 feet in unusual circumstances, in which case an intermediate turnaround or a potential extension may be required. Length is gener'ally measured from the right-of-way of the inter'secting street to the outer edge of the turnaround. In some cases it is measured from the center line of the intersecting street to the center of the turn around or the property line of a "T." There are examples of measurement from the access point to the furthest property line. ~ Printer-Friendly Format (i')Copyright 2007 American Planning Association All Rights Reserved http://www.planning.org/pasmemo/member/default.htm 11/5/2007 FORWARD MOTION Making the Connection ~gend has it that a group of \t'i:;~eenth century American tycoons were developing a town way out on the edge of the Wild \Vest and decided to try something new They'd lound that corner buildings were worth more than those located mid- block, so it stood to reason that a town with more corners would do well. The result? A downtown with a tight street grid and intersections as little as 200 feet apart. I don't know if those side-burned fel- lows actually made the fortune they wanted, but that town did indeed grow up to be a prosperous city that enjoys some of the highest rates of walking, bik- ing, and transit ridership in the nation. The story of Portland, Oregon is essential for planners seeking to understand the key to developing walkable, transit- friendly communities: a well-connected street network featuring short blocks and numerous intersections. I know what you're thinking: "Yeah, that's nice, but we're not Portland." Do shorter blocks and more intersections - that is, greater street connectivity - pro- vide any benefits for communities that don't have a dense urban core? by Halma/! Twaddell In a recent report "Planning for Street Connectivity: Gelling from Here to There," transportation planning experts Susan Handy, Robert G. Paterson, and Kent Butler analyzed thirteen communi- ties (including four with populations in the 6,000 to 32,000 range) that have con- nectivityordinances.' Most of the cities and towns in the study have set block length limits for local streets, generally falling in the range of 500 to 600 feel. Some have also placed maximum distance limits on spacing between intersections along arterial streets. Requirements vary according to the roadway context: higher-speed, wide streets such as commercial arterials need 1 Planningfor Street Connccfivily: Gelting from Here to There (American Planning Association PAS Rt:purl #515). Portland, Oregon, circa 1923, with Mt. Hood in the distance. SharI 200-foollong downtown blochs have been a boon 10 Port/and. development. more space between intersections and driveways in order for traffic to flow properly, while more frequent cross streets in residential areas can help to slow traffic down. Regardless of their size, communities can realize three major benefits from bet- ter connectivity: shorter trips; a wider variety of travel choices; and more cost- effective public services and infrastruc- ture. Creating more direct connections shortens travel time, which effectively brings people closer to their destinations. With more available connections, com- munity residents can get to schools, shopping centers, and other spots that may have simply been off their radar before - not because these places were too far away, but because they were too far out of the way. Meanwhile, firefighters, police, and ambulance services can save precious minutes reaching the scene of an emer- gency, and can serve a broader area with- out driving up their operating costs. Similarly, greater connectivity can reduce costs of providing other services, such as waste collection, by decreasing travel time and mileage. According to Jim Para- jon, fanner planning manager for Cary, North Carolina, the goal of achieving cost savings in public services was the number one priority behind the town's adoption of a connectivity ordinance in 1999.' Another benefit: by creating more ways for people to get from point A to point B, communities can diversify the flow of traffic and, in many cases, also enable travel choices other than driving. This improves overall mobility and helps reduce congestion on ovef\vorkrd arteri- als. !lut what ahout that popular subur- 2 Remarks during session al April 2004 American Planning .o\ssocialion conference in \Vashington, DC. PLA:'JNING COMMISSIONERS JOURNAL I NUMBER 58 I SPRING 2005 m ban street type: the cul-de-sac? By defini- tion ("bottom of the bag" in French), these streets are closed. And people often choose houses on them ror that very reason. All the communities in the connectiv- ity study do allow cui-dc-sacs, but restrict their lengths, from as little as 200 feet to as much as 1,000. Several also direct developers to create multiple entrances to their site, and/or include stubs to indicate future connections. That being said, it's really not neces- sary to force open every subdivision in order to improve community-wide con- nectivity. It would be counter-productive (not to say, poor planning) to insist on a rigid connectivity principle applicable to every block. The key is to create strategi- cally located links that benefit broad cross-sections of the community. As respected transportation planner Walter Kulash notes, "Good connectivity does not necessarily mean eliminating every last cui-dc-sac. The real purpose of connectivity is to provide a variety of routes for daily travel, such as to schools, grocery stores, and after school activi- ties." Kulash further observes: "Proposed street connections that face strong oppo- sition are orten a scapegoat for the things people don't like about their community. Local street connectivity patterns compared - from diagram by City of Salem, Oregon (based on TIi-County Metropolitan Iransportation District). Ir you're connecting a quiet old neigh- borhood to an ugly strip shopping cen- ter, people aren't going to like it. Focus on the overall question of what you want ror your community.'" And there's the heart of it. In many communities, peo- ple feel the only way they can get peace and quiet is to buy a house on a cul-de- sac, even if it means taking on a higher mortgage and buying a third car. It's not that cui-de-sacs and private neighbor- hoods are bad. It's that there are so often no desirable alternatives. If the only good places kids can gather to play in our communities are asphalt turnarounds, we have a bigger problem than a lack of connecth~ty. To take true advantage of the benefits of connecti,ity, we must first establish a vision for development patterns that work for all of our community's residents - those here now, and those we want to attract. Then we can focus on invest- ments and connections that meet the needs and desires of not only those who love cui-de-sacs, but also those longing for pleasant, safe, connected communi- ties: seniors who can't drive; young pro- fessionals drawn to vibrant urban centers; ami families who want their kids to be able to walk to playgrounds, schools, and ice cream shops. The process of creating a community is rather like weaving a tapestry. Upon a framework or natural and built hound- aries - rivers, mountains, and streets - we weave a fabric of buildings, private and public spaces, and natural areas. We can change the fabric of our com- munity as it evolves, but our options for so doing are largely defined by its frame- work. Connected street networks provide a framework for cohesive communities Do cul-de-sacs set the fromewod, for much of your community? 3 First quote by Kulash from recent email Lo authur; second quote from remarks by Kulash during session at April 2004 APA conference. that can provide public services in a highly efficient way and can adapt to change without losing their core identity. Whether the vision is to revitalize a flagging rural town, maintain character in a fast-growing village, or corral subur- han sprawl, the quality amI characteris- tics of the street network are, quite literally, the roundation l'or a communi- ty's success. It was true for the tycoons of yesteryear, and it's true for us today: good connections are fundamental for a com- munity's long-term prosperity. . Hannah Twaddell is a Senior Transporration Plan- ner in the ChurloHesville, . Virginia, office of Renais- sance Planning Gmup. Her "Fon,vard Motion It column appears regularly in the Planning Commissioners Joul11al. Thanks! Our thanks to ,he following individuals who commented on articles published in this issue of the PC]: Lois Iljorlie, Christopher V. Forinash, D<lvid H<1I1Cock, Roberl]ones, Craig Kenworthy, Anne Knapp, John Lc\l,.'is, Bob Mayes, Christine Mueller, Neill F. McDonald, Tom Oteri, David Paolella, Bob Patrino, Irv Schiffman, Allan 510v1n, Charles W. Spra~uc, Dave Stauffer, Rob Stejskal, Jr., Mark Stiver~. Barbara Sweet, Alissa llarber Torres, Veronica \Vej~and, Ivan \\fidom, Kristine \Villiams. David \Vren, Sue A. \\t'uest, and Scott Zimmerman. You are invited to join the many citizen and professional planners who receive and comment on (by ('-mail) first drafts of articles planned for publication. For more information, go to: <ww\v.planncrsv.rcb.com/updatcs.hunl>. PLANNING COMMISSIONERS JOURNAL / NUMBER 5~ I SPRJI'G 2005 m ~:#t\.t~t IE II fA CAt'<- J.., Planning for Street Connectivity: Getting from Here to There SUSAN HANDY, ROBERT G. PATERSON, AND KENT Bunm TABLE OF CONTENTS Pre fa ce . . . . .. .. . .. . .. . . .. . .. . .. . . .. .. .. .. . .. .. .. .. .. .. . .. .. . . .. .. .. .. . .. . .. . .. . .. . .. . . . . . .. . . . . .. . . . . . .. ii i Chapter 1. History of Street Patterns and Standards ............................................1 The Rectilinear Grid ...........................................................................................................2 Curvilinear Streets .................... ....... ..... .............. .... ................ ........... ................ ..... ............3 The Street Hierarchy.......... ... ............................. ............................................... ................4 Stand ,1 I'd s ....... .............. ............. ............. ....... ............................ ..... ............ ........ ............ .....6 Implica tions ..... ...... ................. ......................... .................................... ......... '" ......... ...... ...10 --3> Chapter 2. The Debate ............................................................................. 13 Decrease Traffic on Arteri,ll Streets ...............................................................................14 Facilitate Nonmotorized Travel.....................................................................................16 Providing Greater Emergency Access and Improving Service Efficiency ..............17 The Role of Street Widths ...............................................................................................18 Cone! us ions ....................................................................................................................... 18 Chapter 3. Street Connectivity in Practice ...................................................... 21 Metro, Regional Government for the Portland, Oregon, Area .................................23 Portland, Oregon ............ ............ ........... ............... .................... ......... .............. ....... ..........25 Beaverton, Oregon ........................................................................................................... 27 Eugene, Oregon ....................... .......... ................... ....................... ...... ... ... ............... .......... 28 Fort Collins, Colorado ..................................................................................................... 32 Boulder, Colorado .. ... ....... .... ... ... ......... ...... ........ ......... ......... ......... ...... ..... ... ......... ........ .....34 Cary, North Carolina ........................................................................................................ 35 Huntersville, North Carolinil ......................................................................................... 38 Cornelius, North Carolina .............................................................................................. 40 Conover, North Carolina ............ ..................... .................. .................... ......... ........... ....... 41 Middletown, Delaware .................. ...... .................... ............. ............. '" ........ ............ .......42 Orla!ld 0, Florid a ............................................................................................................... 43 =---7 Summary ................................................................................................. ...... ... ....... ............44 Chapter 4. Context-Sensitive Street Connectivity: A Tale of Two Cities........... ......... 53 Raleigh, North Carolina .................................. ......... .................... ...................................54 Austin, Texas ...... ..................:..................... .......................... .............................................58 Comparing the Cases ................ ............................................ .............. ....................... ......64 Afterword: More to Think About................................................................... 67 CHAPTER 2 The Debate roposed connectivity ordin,ances, designed to increase connectivity in new residential subdivisions, have met varied receptions, quietly accepted in some communi- ties and vigorously opposed in others. Reaction is typically divided between two camps: those for often include design- ers and planners while those against often include devel- opers, financers, and real estate professionals. Planners in communities studied in this report offer the following mo- tivations for increasing street connectivity, which will be ana- lyzed at length in this chapter. They say increasing street connectivity will: · decrease traffic on arterial streets; · provide for continuous and more direct routes that fa- cilitate travel by nonmotorized modes such as walk- ing and bicycling and that facilitate more efficient tran- sit service; · provide greater emergency vehicle access and reduced response time, and, conversely, provide multiple routes of evacuation in case of disasters such as wildfires; and · improve the quality of utility connections, facilitate maintenance, and enable more efficient trash and re- cycling collection and other transport-based commu- nity services. 13 14 Planning for Street Connectivity The opposition to connectivity can come from different sources, most obviously developers faced with meeting the new requirements and residents of existing neighborhoods faced with changes in the distribution of traffic. The opposition to connectivity can come from different sources, most obviously developers faced with meeting the new requirements and resi- dents of existing neighborhoods faced with changes in the distribution of traffic. Those opposed to connectivity ordinances often argue that they will: · raise levels of through traffic on existing residential streets; · increase infrastructure costs and impervious cover; · require more land to develop the same number of units; · decrease the affordability of housing; and · threaten the profitability of developments. Unfortunately, not all potential benefits and costs have yet been ad- equately studied, and some remain more contentious than others. This chapter reviews the available evidence on the debates surrounding these potential benefits; it also discusses the role of street widths in the debate over street connectivity. The concerns over cost are examined in more de- tail in Chapter 4. DECREASE TRAFFIC ON ARTERIAL STREETS The published research on street connectivity tends to support the argu- ment that greater connectivity will reduce traffic volumes on arterials. This reduction can be attributed to two factors: the dispersal of vehicle trips throughout the network, and a decrease in the total amount of vehicle travel. The latter is more difficult to test than the former, which is essentially a function of route choice. Connectivity might reduce vehicle travel by re- ducing trip distances, reducing the number of trips, or encouraging a shift to transit or nonmotorized modes. Existing studies seem to agree that av- erage trip distance and congestion (relative to the intensity of land uses) will be lower in areas with a rectilinear grid street pattern than in areas with conventional suburban street patterns only if the number of trips made by car does not increase. This caveat, however, is an issue of particular contention. The results of several simulation efforts support the theory that greater street connectivity will reduce traffic volumes on arterials. Michael G. McNally and Sherry Ryan (1993) used a travel demand forecasting model to predict traffic in two hypothetical neighborhoods, one a conventional planned unit development with a curvilinear network and the other a tra- ditional rectilinear grid. While limited by its hypothetical nature, the simu- lation showed significant decreases in vehicle miles of travel, trip lengths, and travel time in the traditional grid. Although it showed streets operat- ing at higher ratios of volume to capacity in the traditional grid, none op- erated at congested levels, in contrast to the conventional street pattern. However, the model also showed a slight increase in the total number of trips in the grid neighborhood and did not show any significant change in level of service at major intersections. In a similar simulation study con- ducted in Portland, Oregon, analysts found that total vehicle miles trav- eled (VMT) were 43 percent less in a traditional neighborhood with a highly connected street pattern than in a conventional suburban neighborhood with a largely hierarchical street pattern (as cited in Proft and Condon 2001). Metro, the regional government in the Portland, area, undertook a more realistic study several years ago based on forecasted travel demand for 2015 (Kloster et a1. 2000). The study, which helped to refine connectivity requirements, used Metro's regional travel demand forecasting model to compare the results for varying levels of street connectivity in five neigh- Chapter 2. The Debate 15 borhoods in the Portland area. The study defined connectivity as the num- ber of intersections per mile of arterial streets. It did not evaluate the per- formance of the transportation system for modes other than personal ve- hicles. In each neighborhood, the study varied the street layout in the model to achieve low, medium, and high numbers of connections per mile (rang- ing from six to 20), using existing highways and natural features as con- straints where necessary. The study found that medium and high levels of connectivity improved traffic flow on arterials. Overall, vehicle hours of delay, vehicle miles trav- eled, and average trip lengths declined in each area: when connectivity increased from low to medium levels, delay dropped by an average of 14 percent while both vehicle miles traveled and average trip length fell by an average of 2 percent. Traffic volumes approaching key intersections also declined by 10 percent. Results for individually selected segments of par- ticular arterials were mixed, but, on average, traffic volumes decreased by 9 percent when connectivity increased from low to medium. The research- ers attribute the mixed results to the fact that local trips made up a very small percentage of total traffic on arterials at the start, on average about 4 percent for the low-connectivity scenario. The one study area that did have a substantial amount of local traffic on its selected links (13 percent in the low scenario) showed the largest decreases-about 50 percent-in the pro- portion of local traffic as connectivity increased. Portland Metro's results also suggest that greater connectivity could have negative impacts on both residential streets and on arterials. Although the model predicted that most longer-distance traffic would remain on the ar- terials, it showed some use of local streets to bypass congested intersec- tions and/ or arterial sections when doing so yielded equal or better travel times. In addition, the researchers noted that arterials might lose some ca- pacity due to the increased number of intersections. However, they found evidence that might suggest decreased arterial traffic volumes could im- prove travel times for through traffic even with more intersections. In all cases, the model found that a moderate level of connectivity yielded greater improvements per connection than the high level. The researchers inter- preted this result to mean that the optimal level of connectivity falls in the range of 10 to 16 connections per mile (one connection every 330 to 530 feet) for local and arterial streets. Additional connections beyond this range yielded diminishing returns in traffic improvements. These studies have not adequately addressed the possibility that an in- crease in connectivity will increase the frequency of trips. Other research- ers have offered theoretical and empirical support for this possibility. Us- ing economic theory, Randall Crane (1996a) examined the likely impact of grid networks on vehicle travel; he concluded that grids would tend to increase car trips and that, as a result, total vehicle travel could also in- crease, even if trip lengths decreased. Susan Handy (1996) found evidence in a study of neighborhoods in the San Francisco Bay Area that improved accessibility can lead to greater trip frequencies. Her findings suggest that if a grid network reduces travel distances to destinations like supermar- kets and shopping malls, it will tend to increase the frequency of trips to those destinations and may increase total travel. Reid Ewing and Robert Cervero (2001) completed a comprehensive review of studies that tested the link between street networks and vehicle travel and concluded that the evidence is inconclusive. Given the ambiguities of the impact of connectiv- ity on total vehicle travel, it is safer to assume that reductions in traffic on arterials will result from changes in route choice. However, changes in route choice may create additional problems. If traffic is declining on the arterials but not declining overall, it must be in- In all cases, the model found that a moderate level of connectivity yielded greater improvements per connection than the high level. 16 Planning for Street Connectivity High connectivity may reduce traffic on arterials but will do so only at the cost of increasing traffic on residential streets. The challenge for communities is to find an appropriate balance between these potentially competing goals. creasing on residential streets. With high levels of connectivity, the traffic on residential streets may be sufficiently dispersed that the impact on any one street is negligible. However, high levels of connectivity increase the opportunities for cut-through traffic-traffic that passes through the neigh- borhood but does not originate there or stop there. The Metro study, for example, provides evidence of the widely observed tendency of drivers to cut through neighborhoods to avoid congested intersections on arterials. As the previous chapter discussed, street standards for curvilinear subdi- visions effectively reduced connectivity for the explicit purpose of reduc- ing through traffic on residential streets, and many cities with grids added barriers and diverters for the same purpose. Citizens have often expressed concern over cut-through traffic that might result from increased connectivity. A message posted on the Transporta- tion for Livable Communities listserve (TLC-net) in June 2002 exemplifies the concerns of residents over attempts to increase connectivity in existing neighborhoods: We have approximately 40 homes for sale and/ or replacing renters on just two streets in our historic neighborhood, many more turning over nearby, and thousands more trips being added [due to increases in connectivity] right away despite the obvious blighting and disinvestments. They are killing this part of town with traffic connectivity. Do other cities have a mechanism to limit the cut-through problems once the streets are connected? Residents may also express concern over crime. They may fear that in- creased connectivity provides potential criminals with easy access to a neighborhood, where they are unlikely to be noticed because of the con- stant flow of nonresidents through the area. Multiple points of access also mean multiple escape routes for criminals, residents may argue. At least a handful of communities, including Los Angeles and Houston, have used barriers and diverters on residential streets to decrease connectivity in the interest of reducing crime (Handy 2003; Elizer and Lalani 1994). But others have countered that connectivity aids police pursuit of criminal suspects fleeing on foot who can more easily escape law enforcement in an area with dead-ends or cul-de-sacs (e.g., Berkeley-Charleston-Dorchester Coun- cil of Governments 2001). Empirical evidence on street connectivity and property crime rates is currently lacking. However, several studies have compared crime rates with measures of the fear of crime within gated com- munities and within non-gated communities. Three separate studies found no decrease in crime rates in neighborhoods with gates or street barricades (Blakely and Snyder 1997; Fowler and Mangione 1986; Wilson-Doenges 2000), but one study found a significant reduction in the rate of property crimes (Atlas and LeBlanc 1994). However, these studies also show that residents of gated or barricaded neighborhoods generally feel safer whether or not they actually are safer. What all of these issues suggest is that high connectivity may reduce traffic on arterials but will do so only at the cost of increasing traffic on residential streets. The challenge for communities is to find an appropriate balance between these potentially competing goals. Techniques to reduce the impacts of traffic on residential streets, including narrower streets and other traffic calming approaches, can help communities achieve this balance. FACILITATE NONMOTORIZED TRAVEL Another potential benefit of greater connectivity is an increase in nonmotorized travel. Proponents argue that shorter travel distances re- Chapter 2. The Debate 17 suIting from higher connectivity will encourage walking and bicycling, and, because of shorter walking distances to bus or rail stops, will also increase the attractiveness of transit. If so, additional benefits will accrue to the com- munity. For example, public health officials are increasingly concerned with the poor physical condition of American youth and the growing rates of obesity in the population as a whole. In order to increase physical activity, they argue, communities must be designed to facilitate walking and bicy- cling (e.g., Frumkin 2002). Other proponents point to the damaging envi- ronmental consequences of automobile dependence or to the social ineq- uity that results in communities with few transportation alternatives to the car (e.g., Nadis and MacKenzie 1993). Finally, a growing number of propo- nents point to the pernicious effects auto dependence has upon the social fabric of communities as reason enough to increase connectivity and oth- erwise redesign suburban development (e.g., Duany et a1. 2000). Yet the available empirical evidence on the impact of street connectivity on walking and bicycling is ambiguous. Few studies have focused on the street network specifically; instead, most have examined the link between travel behavior and a variety of neighborhood characteristics, including the street network, land-use patterns, and design characteristics. In addi- tion, these studies have focused primarily on the question of whether neigh- borhood characteristics can reduce levels of automobile use rather than on whether neighborhood characteristics can increase walking and bicycling. This distinction is important: it is possible that neighborhood characteris- tics like street connectivity increase walking and bicycling without decreas- ing automobile use. In other words, street connectivity has the potential to generate additional trips in all modes. Limited research, however, has not yet shown that this potential has been realized. Ewing and Cervero (2001, 100) conclude that flit is hard to say which modes gain relative advantage as networks become more gridlike, let alone to predict the impacts that this may have on travel decisions." Other studies have found that rates of walking to retail areas are higher in traditional neighborhoods than in newer suburban neighborhoods, but the determining factor was distance to the store rather than the street network per se (Handy 1996; Handy and Clifton 2001). The interconnected networks found in traditional neighborhoods helped to reduce distances but did not guarantee that a store would be within walking distance, these researchers found. This finding points to the importance of land-use planning in con- junction with connectivity requirements. PROVIDING GREATER EMERGENCY ACCESS AND IMPROVING SERVICE EFFICIENCY Emergency medical service, trash collectors, police, and other municipal service providers have been strong supporters of greater connectivity. One issue in particular binds the group: the cul-de-sac. Dispatch practices for emergency services typically determine the order in which the vehicles arrive, but on cul-de-sacs, the first vehicle on the scene is blocked in by subsequent arrivals (West and Lowe 1997, 50). Trash collectors and police also find that the" doubling back" or "dead heading" that occurs on dead ends adds time and cost to their service. All service providers find discon- tinuous transportation networks difficult to navigate. Greater connectivity can help to improve the quality and efficiency of emergency and other municipal services. While emergency providers like greater connectivity, they may not nec- essarily like the narrower street standards that may accompany it. In fact, minimum required street widths have crept up over time in part to accom- modate larger emergency vehicles. As discussed in the next chapter, most Greater connectivity can help to improve the quality and efficiency of emergency and other municipal services. While emergency providers like greater connectivity, they may not necessarily like the narrower street standards that may accompany it. 18 Planning for Street Connectivity The traditional gridiron and the conventional curvilinear street pattern both have strengths and weaknesses. The best of both may be achievable through hybrid street patterns that provide greater connectivity but avoid clear, fast routes for non-local traffic to cut through residential neighborhoods. cities that have adopted connectivity ordinances have also changed their codes to enable or require narrower streets. To address concerns over nar- rower streets, Portland, Oregon, tested different street widths in older neigh- borhoods to determine the minimum width necessary to provide what they considered an acceptable level of accessibility for fire trucks, which was found to be 18 feet (Bray and Rhodes 1997). Also, the city's requirement of either two access points or short cul-de-sacs made the Portland Fire De- partment comfortable with narrower street standards. The guidelines for narrower streets published by the American Society of Civil Engineers, National Association of Home Builders, and the Urban Land Institute (ASCE et al. 1990) will likely encourage more cities to adopt narrower street standards, whether or not they adopt connectivity ordinances. THE ROLE OF STREET WIDTHS Street widths play an important role in the debate over street connectivity. As noted above and discussed in the following chapter, most cities that have adopted street connectivity ordinances have also reduced minimum required street widths and rights-of-way. The reasons for adopting these narrower standards are twofold: to improve the quality of life in the com- munity and to reduce the potential cost of connectivity requirements for developers. The community potentially benefits in several ways from narrower street standards (Ewing 1996). Narrow streets tend to discourage through traffic by promoting slower speeds. By reducing speeds and reducing traffic, they may also increase the attractiveness of walking and bicycling. They like- wise help to ensure that the connectivity standard does not increase im- pervious cover and its negative impacts on water quality and neighbor- hood aesthetics. As Jim West and Allen Lowe show, [a]n interconnected street system has the potential disadvantage of increas- ing impervious surface area. However, a trial application of the new stan- dards to an existing subdivision showed an actual reduction in paved area. Although the linear feet of street increased, both street paving and side- walk paving decreased, resulting in an overall decrease in impervious sur- face of 16 percent. (West and Lowe 1997,49) From the developer's standpoint, narrower street standards help to mini- mize the expense that will likely result from the increase in linear feet of street that a connectivity ordinance may necessitate. The amount of space devoted to streets is especially important to developers, both because street pavement costs them money and because street space does not produce revenues. Narrower streets may also ensure that the number of lots in a subdivision does not declinE;' when a developer meets higher connectivity requirements. As discussed further in Chapter 4, narrower street standards may thus prove essential to the successful implementation of connectivity standards. CONCLUSIONS The traditional gridiron and the conventional curvilinear street pattern both have strengths and weaknesses. The best of both may be achievable through hybrid street patterns that provide greater connectivity but avoid clear, fast routes for non-local traffic to cut through residential neighborhoods (Ewing 1996). While much of the discussion of street layout seems to com- pare the extremes of strict gridirons versus pure cul-de-sac neighborhoods, it is important to remember that these two extremes are not the only choices. The cities and towns presented in this report emphasize connectivity with- out requiring strict adherence to a rigid, unwavering grid. All have provi- Gapter 2. Tile Debate 19 sions that allow cul-de-sacs where natural or built features prevent con- nections. None prohibit streets from curving but instead, to varying de- grees, encourage street patterns that avoid long, straight, uninterrupted routes that might invite cut-through traffic. The goal of these jurisdictions is to increase connectivity without significantly increasing through traffic in residential areas, and their provisions strive to achieve an appropriate balance between these competing objectives. Chapter 3. Street Connectivity ill Practice 45 TABLE 3-1 SUMMARY OF REQUIREMENTS FOR INTERSECTION SPACING AND CUL-DE-SACS Are Max Max Intersection Are Street Cul-de-Sacs Cul-de-Sac for Arterials Stubs Required? Allowed? Length (feet) i "'-<~f~ '''.__~'_"~M^..",_.,_^" Block-Length (by city) i Metro, Oregon 530 530 No No 200 (with exceptions) Portland, Oregon 530 530 Yes No 200 (with exceptions) Beaverton, Oregon 530 1,000 Yes No 200 (with exceptions Eugene, Oregon 600 None Yes No 400 (with exceptions) Fort Collins, Colorado See Note 1 660-1,3202 Yes Limited 660 Boulder, Colorado See Note 3 None Yes Yes, discouraged 600 Huntersville, North Carolina 250-500 No data Yes No 350 (with exceptions) Cornelius, North Carolina 200-1,320 See note 4 Yes No 250 (with exceptions) Conover, North Carolina 400-1,200 No data Yes Yes 500 Raleigh, North Carolina 1,5005 No data Yes Yes 400-8006 Connectivity Index (by city) Cary, North Carolina Index = 1.2 1,250-1,500 Yes Yes 900 Middletown, Delaware Index = 1.4 None Yes Yes, discouraged 1,000 Orlando, Florida' Index = 1.4 None Yes Yes 700 (30 units) Nof/.'s: (1) Maximum block size is 7 to 12 acres, depending on zoning district. (2) Limited movement intersections required every 660 feet; full movement intersections required every 1,320 feet. (3) Not specified by code, but staff tries to achieve 300 to 350 foot spacing. (4) Intersection spacings on arterials is regulated by the state Department of Transportation. (5) Within a Mixed-Use Center, no street block face shall exceed 660 feet in length. (6) 400 feet in residential areas, 800 feet in commercial areas; Transportation Director may approve up to 101X, longer (7) Requirements in place for Southeast Sector and under consideration for rest of city. lar context. However, their efforts are so new that these communities are still working to develop an effective approach, and they have much to learn from the experiences of other communities. As experience with street connectivity ordinance accumulates, clear best practices will likely emerge. Techniques for Measuring Connectivity The communities studied have used two primary approaches to requiring connectivity. Ten of the 13 communities have established maximum block lengths and significant restrictions on the use of cul-de-sacs. (In addition, four of the communities with connectivity standards identified since the completion of the case studies also use block length requirements.) Typical block length requirements fall in the range of 300 to 600 feet (although a few cities allow substantially longer blocks, at least under certain circum- Cul-de-sacs are usually restricted to 200 to 300 feet and are allowed only in places where connections would be impractical. 46 Planning for Street Connectivity TABLE 3-2 SUMMARY OF OTHER REQUIREMENTS RELATEO TO STREET CONNECTIVITYI Max Spacing Between Bike/Ped Connections (feet) Are Private Are Gated Streets Allowed? Streets Allowed? <28 encouraged See Note 2 See Note 2 See Note 3 Limited No 20-34 Limited No 20-34 Limited Limited 24-36 Limited No 24-36 No No 18-26 No No 18-26 Yes No 22 No No 26 Li m ited Discouraged Block-Length (by city) Metro, Oregon 330 Portland, Oregon 330 Beaverton, Oregon 330 Eugene, Oregon See Note 4 Fort Collins, Colorado 700 Boulder, Colorado See Note 5 Huntersville, North Carolina None Cornelius, North Carolina None Conover, North Carolina None Raleigh, North Carolina None Connectivity Index (by city) Cary, North Carolina If Index waived 27 Yes No Midd letown, Delaware No data 24-32 No No Orlando, Florida6 None 24 minimum Yes No Notes: (1) Traffic calming incorporated into connectivity requirements; city may have separate traffic calming program. (2) Not regulated. (3) Width must be sufficient to accommodate expected users. (4) No maximum distance; but each development must have a plan showing pedestrian connections to cul~de-sacs. (5) No requirements, but staff suggests spacing similar to local streets (300 to 350 feet). (6) Requirements in place for Southeast Sector and under consideration for rest of city. stances), and cul-de-sacs are usually restricted to 200 to 300 feet and are allowed only in places where connections would be impractical. The block length approach is easily visualized and understood by developers and residents, and it produces a relatively predictable and evenly distributed network of streets. It is important to note that different communities have defined the block length rule in slightly different ways, Some communities specify the re- quirement in terms of the length of the block, while others specify the re- quirement in terms of the spacing of intersections or connections. The ef- fect is essentially the same, but the exact measurements may vary depending on the width of streets and rights-of-way. The codes often do not specify exactly how these dimensions are measured, although several options exist (Tracy 2003). Eugene, for example, defined its requirement in terms of block length, measured as the distance between centerlines for intersecting streets. McKinney (an excerpt of whose code is included in Appendix B) measures block length as the distance from curb face to curb face of intersecting streets. The length of a given block under the Eugene rules will be longer than under the McKinney rules because it includes the width of the intersecting streets. A variation on the block length or inter- section spacing requirement is block size, measured as width by length (as in Conover), number of acres (as in Fort Collins), or block perimeter (as in The Greater Iowa City Area HOME BUILDERS ASSOCIATION Advocates for homeownership by promoting standards for quality and affordability. Proposed City of Iowa City Subdivision Ordinance Analysis Prepared by: The Land Development Council Date: 5/31/07 1 Subdivision Ordinance Recommendation Goals 1. Streamline the plat review and approval process and ensure government accountability and responsiveness. 2. Eliminate unnecessary requirements and vague language that fails to provide guidance and exposes applicants to arbitrary and inconsistent enforcement. 3. Require good governing practices by requiring the City to be financially accountable for public improvements. 4. Ensure that the new Subdivision Code affords property owners the greatest amount of flexibility and creativity by eliminating unnecessary or arbitrary limits. 5. Honor the community's commitment to workforce housing by eliminating excessive and unnecessary costs increases. 2 Subdivision Analvsis General Subdivision Provisions Definitions 15-1-3 Alley: Delete the word "abutting". Street, Private: Delete the last sentence. The Iowa City Community School District or similar governmental entity may own a private street. CHAPTER 2. Plats and Platting Procedures Submission Requirements 15-2-1(B) (4) Recommendations: Delete "ponds" and "rock outcroppings" from subparagraph (4) and delete subparagraph (5) in its entirety. Analysis: Neither ponds or rock outcroppings are covered under any City ordinance as a protected sensitive area (unlike wetlands, streams, wooded areas, etc.). Thus, there is no reason to require these features to be delineated on a concept plan. Subparagraph (B)(4) can be removed for many of the reasons outlined below in the plat review and approval analysis. In short, these types of vague, catch-all categories lead to frustration and the potential for inconsistent and arbitrary regulations. Review of Concept Plan 15-2-1(C) Recommendations: Include language providing for one required staff review. Any further review is at the discretion of the applicant who may choose to proceed directly to the preliminary plat phase. Secondly, all departments reviewing the plan must provide their written comments to the applicant within 20 business days. Preliminary Plat 15-2-2 (A) (3) Recommendations: Include language providing for one mandatory staff review. Any further review is at the discretion of the applicant who may choose in the alternative to petition the Planning and Zoning Commission for review. Secondly, all departments reviewing the plan must provide their written comments to the applicant within 20 business days. Lastly, any code deficiencies shall be clearly cited to the corresponding existing City code or ordinance provision. 15-2-2 (D) (3) Recommendations: Delete language prohibiting plats proceeding to Planning and Zoning with more than 6 deficiencies. Add language clearly indicating the relevant City code provisions any such code deficiencies cited in the staff report are based upon. 4 Final Plat 15-2-3(A) (3) Recommendations: Include language providing for one mandatory staff review. Any further review is at the discretion of the applicant who may choose in the alternative to petition the City Council for a hearing. Secondly, all departments reviewing the plan must provide their written comments to the applicant within 20 business days. Lastly, any deficiencies shall be clearly cited to the corresponding existing City code or ordinance. Analysis: The analysis for the preceding four recommendations regarding plat review and approvals is largely similar. The plat review and approval process has become one of the most frustrating and expensive variables in land development. It is not unusual for delays to run as long as 6 months to a year or more in some circumstances. This of course can have a dramatic impact on the cost of a subdivision plan as applicants face the devastating possibility of missing entire construction seasons. Though subdivision code requirements are very stringent in some circumstances, the greatest source of frustration often is not with the underlying code but rather when the City makes demands that have no foundation in the applicable codes or possess a dubious relation at best. A common perception within the industry is that City officials often make exactions that are based more in personal preference rather than legal requirements. Additionally, it is not uncommon to receive comments from multiple City departments about a variety of matters at different times well beyond the 20 day requirement. To further complicate matters, applicants often are presented with new and/or additional issues from multiple City departments after having already conducted multiple meetings. As one would expect, this makes it very difficult and frustrating when an applicant is working to make the necessary changes and prepare all appropriate paperwork and documentation. It is in the best interest of both the City and the applicant to have these matters addressed and resolved as early in the process as possible. For these reasons, we believe it advantageous to have one required staff review for concept plans, preliminary and final plats. After this review, all departments should be required to have their comments, be it regarding the concept plan, preliminary plat, construction plans and so forth, submitted to the applicant within 20 business days. This is recommended because it will make all parties focus to address the truly outstanding matters and require full disclosure upfront which is to everyone's benefit. After this initial mandatory staff review, the applicant should have the right to either petition the Planning and Zoning Commission or City Council depending on the appropriate plat, or alternatively, they can opt to continue with the staffreview. The key is that after the initial required meeting, it is at the property owner's discretion as to the need and benefit of continuing with the staff review. The second matter to address is the notion of "deficiencies" or "complete"ness of applications as set forth in the amended code. The City is right to set forth a standard of 5 completeness. This provides guidance and direction to what applicants need to do in order to meet code requirements. However, as mentioned previously, there is a risk that City officials may demand things that are beyond the requirements of the underlying Code. Regardless if exactions are being made outside the scope of the Code, we believe it advisable to require that any deficiencies in an application be directly cited to applicable code or legal requirement. This change would draw a clear distinction between those things an applicant is legally bound to do in order for approval and those matters that are perhaps preferences rather than prerequisites. In the event a matter cannot be resolved at the staff level, the Planning and Zoning Commission and the City Council are the appropriate bodies to resolve such disputes. This presumes of course that an applicant has made the decision to forego further staff review in favor for a hearing before the Planning and Zoning Commission or City Council respectively. Ultimately, the City should embrace a review procedure that places emphasis on earlier identification and resolution of issues. The review and approval procedure should make it clear what is legally required of applicants and empower them with the option of taking their unresolved disputes to the appropriate citizen's review body and their elected officials. Specifications 15-2-3(B) (3) Recommendations: Either delete this provision or provide additional guidance as to the purpose and scope. Analysis: As drafted, the proposed language leaves it ambiguous as to what is meant by "requested" variations. Final plats often have deviations from the preliminary plat. It is not uncommon for roads, sidewalks, lot layouts and such to deviate from the approved final plat. This is due to the fact that the requisite engineering necessary for final plats has not been conducted when the preliminary plat is approved. As one can imagine, the number of "variations" can be numerous. However, there are no substantial deviations from what the approved preliminary plat and that is why final plat approvals are often a matter of routine. 1 It is difficult to determine what a requested variation is as opposed to what are inevitable adjustments as a result of the final engineering work. Our first recommendation would be to remove this section entirely. The concern is that variations, even though insubstantial or inconsequential, may be used as an excuse to delay or stop a proposed project. Alternatively, we recommend amending this provision to clarify what a requested variation means and further, make it absolutely clear that final plats will not be denied so long as there are no substantial deviations from the preliminary plat. 1 On a related matter, section 15-2-3 (D) requires only administrative review for final plats as opposed to the current practice of needing Planning and Zoning Commission's approval. 6 CHAPTER 3. Design Standards and Required Improvements Connectivity of Streets, Sidewalks, and Trails 15-3-2(A) Recommendations: Retain subparagraph (1) but delete subparagraphs (2), (3), and (4). Analysis: The Land Development Council recommends deleting subparagraphs (2), (3) and (4). It is not that we disagree with the intent, but rather because these sections offer no objective guidance as to what is legally required. To illustrate, subparagraph (3) is more of a statement of what a proper functioning road system is than a proscriptive regulation. The danger is that satisfaction of such provisions is entirely subjective. So while we may agree that road systems should "have a simple and logical pattern" or "permit the safe, efficient, and orderly movement of vehicular and pedestrian traffic", there is no regulation that sets forth when that condition is met. While the intent may have been to increase the inherent flexibility of the amended Subdivision code, the language of subparagraphs (2), (3) and (4) simply do not provide adequate notice of what an applicant will be legally obligated to do. The best way to provide flexibility in the Subdivision Code is to retain minimal restrictions on street layouts and allow land development professionals to design attractive street patterns in accordance with City engineering standards, the natural topography of the area and the functionality and character of the project. Minimum Access Standards 15-3-2(B) (2) Recommendations: Clarify what the additional "projected traffic generation" calculations or methodology the City will utilize and rely upon. Analysis: Clarification of what methodology or calculations will be used in determining the projected traffic would be beneficial to applicants. It will allow them to anticipate and plan appropriate traffic management techniques. Right-of-Way Standards Table 15-1: Retain current right-of-way standards as sufficient minimums. Analysis: The amended Subdivision code increases right-of-way requirements by 10 feet for arterial streets, 6 feet for collector streets, and 10 feet for local streets. Without commenting on the subjective value of increased right-of-way space, it must be noted the the increased standards will impact the total amount of developable land. In addition, the increased amount of right-of-way in conjunction with the increased sidewalk widths in section 15-3-3 will add cost to projects. Unfortunately, this cost will not be offset through the proposed reduced street widths. To illustrate, if a local street is 1,500 feet in length with a width of 26 feet (as opposed to the current 28 feet), the reduced amount of necessary paving would be approximately 334 7 square yards. At a cost of $25 per yard, this would result in a cost savings of roughly $8,350. However, when the additional 1 foot of sidewalk on each side is factored in (1 x 15,00 x 2 = 3,000 sq. ft) at a cost of approximately $2.50 per foot, the added expense is $7,500. The increased sidewalk widths by themselves almost entirely negate any cost savings and the loss of developable land from the increased right-of-ways has not even been factored in. Layout of Blocks and Lots 15-3-2 (G) (3) Measurements and Construction Standards Recommendations: Delete language requiring adjacent property owners to maintain landscaped areas within medians. Insert language making it the responsibility of the City. Analysis: The Land Development Council is concerned with the City requiring a homeowner's association to be financially responsible for the maintenance of what is in the public right-of-way. If the City wishes to require landscaped areas within medians, then as a matter of good governance and accountability, it should not require a private entity to bear the cost of a public good. Street Intersections 15-3-2(H) (5) Recommendations: Develop specifications for the construction of emergency services turn-arounds. Analysis: Currently, there are no City specifications for the construction of emergency services turn-arounds. The Fire Department simply informs the applicant what it is they require. These requirements vary from project to project. We recommend the City establish an objective standard for these turn-arounds. We would also recommend that these standards be reasonable and adequate only to accommodate emergency services. These turnarounds are temporary and it makes little sense to impose costly design and construction standards for something that will eventually be tom up and removed. Cost Sharing for street upgrades 15-3-2(L) Recommendations: Remove required percentages a subdivider must pay for local, collector and/or arterial street upgrades. Insert language requiring a negotiated agreement. Analysis: This amended provision provides that a subdivider will be responsible for 100% of necessary street upgrades on local affected local streets, 50% on collector and 25% on arterial; unless the subdivider only owns the property on one side of the road in which case these amounts are reduced by half. The LDC appreciates the intent of this amendment and the goal of adding some certainty to the cost subdivider's will incur for street upgrades. However, what the provision is 8 lacking is any rational limits or criteria on precisely when and to what degree a subdivider must pay. As drafted, there are no limits to the amount or length of a street a subdivider could be required to pay to upgrade. For example, a subdivision may only have an appreciable impact on three blocks of a collector street. However, under the proposed code, while the applicant may know their cost will only be 50% (or 25%) of the required upgrades, the extents of those upgrades are unknown. To illustrate, consider a new subdivision of 50 units that accesses a collector street which for simplicity will be called "collector street X". Posit that the projected traffic shows an appreciable impact on primarily four blocks of collector street X and that this impact is agreed upon by both the City and the applicant. Under the proposed language, an applicant knows they will have to pay for up to 50% of the upgrades. However, they have no idea how many miles or blocks of upgrades will be required. It is easy to see how such a scenario could at best result in significant over-investment and at worst, completely sink a proposed project. Currently, road upgrades are a negotiated process between the applicant and City officials with no set percentages. We recommend maintaining this practice. Sidewalks, Trails, and Pedestrian Connections 15-3-3 (C) Recommendations: Delete "at its discretion, will" and insert "shall". Additionally, delete the clause "or collect the estimated cost of the 5 foot sidewalk from the developer and apply said cost to construction of an 8 foot sidewalk by the City." Analysis: This provision provides for an 8 foot sidewalk on one side of an arterial street. It goes on to provide discretion as to when the City shall pay for excess pavement costs by either direct compensation to the subdivider or collect a fee from the developer and apply that amount towards the construction of the sidewalk. First, while an 8 foot sidewalk may afford easier pedestrian traffic, it cannot be said that it is a necessity. That this is more of a luxury is recognized in the Code by the fact that the City may pay for the increased pavement costs. We recommend that the City be financially responsible for the excess three feet of pavement when it is required. 15-3-3(G) Recommendations: Define what a "mid-block pedestrian connection" is. Analysis: This section requires a "mid-block pedestrian connection" between adjacent streets for blocks longer than 600 feet. Unfortunately, we do not know what is meant by a mid-block pedestrian connection. We think it necessary that these be clearly defined and a cost assessment be conducted and the public be provided an opportunity to respond prior to this section going into effect. 9 Layout of Block and Lots 15-3-4(A) Blocks Recommendations: Delete subparagraph (l) in its entirety. Amend subparagraph (2) to allow for current maximum block lengths of2000 feet. Amend subparagraph (3) to allow for current minimum block lengths along arterial streets. In subparagraph (4), delete "900 feet" length standard and insert" 1 000 feet". Analysis: This new section sets forth recommended block lengths for residential and commercial construction. In general, all block lengths have been shortened. More specifically, subparagraph (2) states that block faces along local and collector streets should (emphasis added) range between 300 and 600 feet in length". There are a number of concerns with how this provision is drafted. First, as drafted this is not a requirement but a recommendation. As such, it is at the discretion of the City of when blocks will have to adhere to this standard. Secondly, a 600 foot maximum is generally not feasible for commercial and industrial development. Likewise, under subparagraph (4), a 900 foot maximum is insufficient for housing on a cul-de-sac. The City may not desire cul-de-sac development but they remain a popular and attractive option of housing choice. Further, it is out belief that a 600 foot maximum block length will require an increased number of streets; a potentially dramatic increase in the cost of a project. The issue is not whether shorter block lengths are attractive or wanted, the issue is whether such a decreased limit is appropriate or warranted. We believe the better solution is to afford the greatest flexibility in the Code. Thus, we endorse the 300 foot block length as a minimum but believe the current maximum of 2000 feet should be retained. This will allow for the purpose, the character, the goals and the topography of the land and development design to determine the most suitable block length. We would also encourage the City to consider what impact and affect shorter block lengths will have in conjunction with increased right-of-way standards, setback requirements and other residential development standards of Title 14 the Zoning Code. Lots 15-3-4 (B) (7) Recommendations: Delete subparagraph (7) in its entirety. Analysis: Subparagraph (7) is unnecessary. Under the Neighborhood Open Space ordinance section 14-5K-3 (5), public access easements are already required. 2 Of additional and perhaps greater concern is that subparagraph (7) contains a vague semi- regulation by stating that subdivision layouts where public open space is "surrounded by private lots that back up to the public open space are discouraged." It must first be noted that "surrounded" is not clearly defined. It is open to interpretation what surrounded means in application. Further, this is another instance of vague language that provides no 2 Under Article 14-5K, Greenways and Trails require a 20 foot easement and a 50 foot easement for Parks. 10 notice as to what is prohibited and what is permitted; which leaves unresolved the issue of when such layouts will be accepted and when they will not and further, what criteria will be used when the City makes that determination. Additionally, this language would prohibit the most attractive lots in a majority of residential subdivisions. Lots that abut open spaces are, for obvious reasons, often the most highly-valued. We do not believe this is a necessary or appropriate regulatory action. Provisions to Minimize the Effect of Highway Noise 15-3-4(C) Recommendations: Delete subparagraphs (1) and (3) in their entirety. Retain subparagraph (2). Alternatively, amend subparagraphs (1) and (3) from a "300 foot" buffer to a "100 foot" buffer. Analysis: This new section prohibits any residential structures within 300 feet of Interstate 80 and Highway 218. This does not include accessory structures and yard space. It further requires a mixture of vegetation be planted in the 300 foot buffer area per the City Forester's guidelines. Subparagraph (2) allows a reduction of the 300 foot buffer (subject to the City's approval) if a subdivider "constructs an earthen berm, decorative wall, or other similar structure" achieves a noise reduction level of no more than 60 dBA. The LDC understands the need for an adequate buffer area and noise reduction measures when building residential structures along traffic intensive roadways such as 1-80 and Highway 218. Our concern is that the 300 foot buffer is excessive and will remove an appreciable portion of developable land out of the City's remaining land stock and contribute to the growing challenge of providing an adequate supply of quality workforce housing. Our recommendation is twofold. First, define what a 60 dBA standard is and what that entails. Secondly, assuming the 60 dBA standard can be reasonably achieved without imposing extraordinary costs on housing, the City should require a 100 foot buffer with the appropriate vegetation for noise reduction. Neighborhood Open Space 15-3-4 Recommendations: Incentivize and reward subdividers who voluntarily create open space by providing credits towards the required fee-in-lieu. Analysis: Under the current system, developers can voluntarily create open space for subdivisions. However, because of maintenance and budgets concerns, the City often does not want to accept these open spaces. This is understandable. However, this scenario can acts as a disincentive to the voluntary creation of open space as a developer is still required to pay the necessary fee-in-lieu under Article 14-5K. 11 We recommend that developers and subdividers that voluntarily create open space have the value of that land credited towards satisfying their fee-in-lieu amount. This would reward developers for creating a valuable neighborhood benefit and lead to more open space. Energy and Communications Distribution Systems 15-3-6 Recommendations: This entire section should be removed. Analysis: While this section may have been included for ease of reference, it is unnecessary and risks leading to unnecessary confusion or conflict with Chapter 16-2, Public Utilities and Use of Right of Way. The development community takes its direction from the utility companies as to the location and size of necessary easements. Sanitary Sewers 15-3-7(A) Recommendations: Delete the words "and beyond, as necessary". Analysis: These words should be deleted for the simple reason that the applicant often does not own the property beyond their proposed subdivision and therefore cannot grant the necessary easement. A possible alternative to consider is the granting of the easement(s) in combination with a reasonable escrow to complete the required extensions. Sanitary Sewers and Water Systems 15-3-7(C) and 15-3-9(B) Recommendations: Delete "at its discretion" and insert "shall". Analysis: (see analysis under "Off-site Costs for Public Improvements"). Clustered Mailboxes 15-3-10 Recommendations: Delete subparagraphs (B) and (C). Analysis: The U.S. Postal Service has begun to require subdivisions C0nstruct a cluster of mailboxes. Currently, developers and subdividers work with the Post Office in locating and constructing these clusters taking into consideration the street layout, density and other pertinent features. As such, subparagraphs (B) and (C) are unnecessary and may in fact conflict with what the Post Office requires. This matter is best addressed between the developer and the Postal Service. Specifications 15-3-12(B) Recommendations: Delete subparagraph (B). 12 Analysis: This section is unnecessary as construction plans and specifications as well as erosion control plans are already a required component of final plat review and approvals. Off-site Costs for Public Improvements 15-3-14(C) Recommendations: Delete "at its discretion, may" and insert "shall". Analysis: The issue for off-site public improvement costs is identical to sanitary sewers and water systems; where the City requires an applicant to build a public good that is greater than what is necessary to service what is necessary for their project, the City bears the responsibility to pay for that good. This is a matter of good governance and accountability. Further, we believe requiring applicants to build public infrastructure unrelated to their project without compensation is essentially a tax and therefore, an impermissible impact fee under Iowa law. 3 3 In Home Builders Association of Greater Des Moines vs. City of West Des Moines, the Iowa Supreme Court held that the City of West Des Moines could not charge builders a fee in connection with subdivision approval and building permit issuance, when the fees were deposited into a sub-fund of the general fund and used by the City for park site acquisition and physical improvements. Home Builders Association of Greater Des Moines vs. City of West Des Moines, 644 N.W. 2d 339 (Iowa 2002). The Court found such a charge was an impact fee and that Iowa law does not authorize cities to charge impact fees or excise taxes. Moreover, the Court found that the fee could not be justified under the City's police power because it was not a fee charged to recover the administrative expenses incurred by the City, nor was it a fee charged in connection with a special benefit conferred by the City. 13 1000 Friends of Iowa Karen Howard City of Iowa City Department of Planning and Community Development 410 E. Washington Iowa City, Iowa 52240 May 21, 2007 Dear Ms. Howard: My name is Stephanie Weisenbach and I am writing you on behalf of 1000 Friends of Iowa. Our mission is to promote responsible development that conserves and protects our agricultural and natural resources; revitalizes our neighborhoods, towns, and cities; and improves the quality of life for future generations. I am writing in response to your request for comments on the draft subdivision ordinance for the City of Iowa City. Thank you for soliciting our feedback during this time in your policy-making process. The City ofIowa City is making some important steps for advancing smart growth principles through this code revision. 1000 Friends of Iowa is in the midst of a Des Moines Metropolitan Area Smart Growth Project and making recommendations to local governments about changes to their codes. In the near future, we will have more model ordinances on hand to reference in our recommendations to cities. We'll keep you informed as we expand that area of our programs. Several changes in the draft revision you provided directly correspond to smart growth principles in the design of subdivisions. . Section 15-3-2, A 4: We commend the city for avoiding the use of cul-de-sacs and hope the final code revision and implementation will reflect more restrictions for cul-de-sacs than you currently have today. Cul-de-sacs often result in decreased street connectivity, lower density housing developments, challenges for using walking or biking as a means of transportation, and a detriment to an efficient grid pattern of the roadway network. . Section 15-3-2, I: Traffic calming features should be encouraged such as the examples you listed in the revision of this section. Additionally, public input in the zoning and platting process with the Planning and Zoning Commission is one of the most effective means of identifying the needs for traffic-calming features in the community. . Section 15-3-3: Requiring sidewalks and trail infrastructure in accordance with the Comprehensive Plan will provide positive benefits to the community. 1000 Fri~ml\l ()fT()w~ iR"iO M~rI~ H~v R()~n #hO"i l)~\l M()in~\l T()w~ "iOi 1 0 "i 1 "i-?RR-"iih4 · Section 15-3-4, B 4 b: Requiring the landscaping buffer in new developments is a positive change. We also encourage the city to use innovative ways of using landscaping and conservation design, including native vegetation and swales where appropriate in site plans. · Section 15-3-5, A: The dedication and increased accessibility of open space will provide great amenities to new neighborhoods and environmental benefits. We ask the city to keep the language regarding sensitive areas in open spaces, as we believe that sensitive areas should be preserved both as a neighborhood amenity and for environmental benefits. We are concerned about the striking of this language. We have concerns regarding public involvement and an open public process, which we see as being negatively affected by the following proposed change in Section 15-2-3, D: · This section would eliminate involvement, approval or disapproval by the Planning and Zoning Commission in the final plat. We feel the Planning and Zoning Commission, not staff, should be the body to make the decision prior to the City Council. Staff recommendations and involvement is essential, but should not replace the Commission's decision. · Approval of preliminary and final plats can involve a process of negotiation with the public's presence and input to the Planning and Zoning Commission. That negotiation can lead to publicly acceptable outcomes, neighborhood designs that reflect smart growth, and benefits to the community. · Issues such as bicycle and pedestrian-friendly design, protections for sensitive areas, landscaping, and buffers from conflicting neighboring uses can be addressed through the platting process in this open format with the Planning and Zoning Commission. We encourage the city to eliminate that revision and maintain a final plat approval by the Planning and Zoning Commission. Thank you again for considering our comments to the revision of the Iowa City subdivision ordinance. Feel free to contact us about any feedback you may have on these or clarifications you may have. We look forward to following the process as it continues in the revision of this ordinance, and may have more comments as the process continues. Please keep us posted, especially about any public input meetings the city intends to hold. Sincerely, Stephanie Weisenbach Program Coordinator P.S. We encourage you to check out some important resources on codes and smart growth. The first is the final report on the Des Moines Metropolitan Smart Growth Audit, and information contained in the report may be useful to your city. Another resource is an ongoing update to the American Planning Association website about model smart growth codes and can be found at http://www . plann ing. org/ smartgrowthcodes/ 1 000 Fripnn~ of Tow::! 1R'i0 Mprlp H::!v Ro::!n #(\O'i np~ Moinp~ Tow::! 'i011 0 'i 1 'i-?RR-'i1(\4 MINUTES PLANNING AND ZONING COMMISSION JANUARY 17,2008-7:30 PM EMMA J. HARVAT HALL, CITY HALL DRAFT MEMBERS PRESENT: Elizabeth Koppes, Wally Plahutnik, Ann Freerks, Dean Shannon, Charles Eastham MEMBERS EXCUSED: Robert Brooks, Terry Smith STAFF PRESENT: Bob Miklo, Tim Weitzel, Sara Greenwood OTHERS PRESENT: Cecile Kuenzli, Eric Gidal, Judith Pascoe, Claire Sponsler, Jeanalie Swan RECOMMENDATION TO CITY COUNCIL (to become effective only after separate Council action): Recommended approval, by a vote of 4-1 (Eastham in the negative, Brook and Smith absent). An amendment to the Comprehensive Plan to include the Historic Preservation Plan, which contains policies and recommendations for the identification, preservation and regulation of historic landmarks, properties and neighborhoods. CALL TO ORDER: Freerks called the meeting to order at 7:33 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. COMPREHENSIVE PLAN ITEM: An amendment to the Comprehensive Plan to include the 2007 Historic Preservation Plan, which contains policies and recommendations for the identification, preservation and regulation of historic landmarks, properties and neighborhoods. Miklo discussed the ways in which the wording of the Historic Preservation Plan had been changed to better represent the intent of the Neighborhood Stabilization proposal. He advised the Commission that they were being asked if the Plan should be incorporated into the overall Comprehensive Plan to guide the City Council, Planning and Zoning Commission, Board of Adjustment, Historic Preservation Commission, and the Parks and Recreation Commission in their dealing with historic properties. Eastham questioned the Commission's role in considering amendment to the Comprehensive Plan. Greenwood said the bylaws contain information about the Commission's role in amending the Comprehensive Plan. Eastham asked if it was Greenwood's view if the Council could amend the Comprehensive Plan without the recommendation of the Commission. She said modifications to the Plan begin with the Planning and Zoning Commission. Miklo added that if the Commission does not make a recommendation, or recommends against an amendment to the Council, it takes a super majority for the Council to amend the Plan. Eastham asked Staff the revised language to objective ten of the Plan, specifically the description of a home ownership incentive program. He asked if it was the Staff's opinion Planning and Zoning Commission January 17, 2008 Page 2 that an increase in owner-occupied properties would result in a decrease in rental properties in already established neighborhoods. Miklo said that might be the case. Eastham also asked about the availability of the Housing and Community Development Vision TARP housing survey, and Miklo said it was not yet publicly available, but he would make it available once the report was finalized and reproducible. Public discussion was opened. Cecile Kuenzli, 705 S. Summit Street, said the evening's discussion reminded her of a conversation she had years ago when citizens of Iowa City were just beginning to think about historic preservation. Kuenzli said Marlys Svendsen said, "Folks, you've got to realize historic preservation starts with the zoning. You can't save anything if the zoning isn't correct." Kuenzli mentioned that while the bookstore recently, she was glancing through a book, "A Thousand Places to See Before You Die," and while it cited Iowa locales including the Villages of Van Buren and Amana, it did not include Iowa City. She said Iowa City needs the Plan to help save some of what it has left before it is all gone. Eric Gidal, 328 Brown Street, said he saw historic preservation and affordable housing as going hand-in-hand because he sees the way to create affordable housing is to maintain the vitality of a city, and to invest in ways of creating affordable housing within neighborhoods in which people want to live. He said if the City does not create the legislation to protect the City's historic neighborhoods, it would hasten the effects of urban decay, and the downgrading of the downtown area and inner neighborhoods. Judith Pascoe, 317 Fairchild Street, said she has lived in Goosetown for several years and now lives in the Northside and is the coordinator for the Northside Neighborhood Association. She said she agreed with the revised wording of the Plan, and thought that it didn't alienate any members of historic neighborhoods-owners, renters, or landlords. She acknowledged Eastham's concern over a potential decrease in lower cost apartments, but said she felt the Plan was necessary to attempt some sort of counter balance with the economic market forces to convert houses into rentals, or tear them down and build apartment buildings. She also mentioned that many times landlords of rental properties in historic neighborhoods are not locals, maybe not even be Iowans, and as a result, there is often not a lot of incentive for them to invest time and money into the upkeep of the property, which results in the property's decline at a faster rate than the surrounding area. Claire Sponsler, 413 Gilbert Street, said she saw the Plan as an opportunity for good planning and good government to make a difference, and provide a blueprint for the City's future. Ginalie Swaim, 1024 Woodlawn Avenue, reminded the Commission about the positive effect historic conservation districts could have by citing the aftermath of the tornado. She said many of the properties towards the end of Iowa Avenue are rentals, but because of the conservation district in that area, landlords were required to rebuild according to certain standards, and now the area is in better shape than it was before the storm. Freerks closed public discussion and opened discussion to the Commission. Planning and Zoning Commission January 17, 2008 Page 3 Eastham asked if the Commission would consider postponing the vote until the next meeting when more Commission members would be present. He said he would like to have the Council receive the benefit of all Commission members vote before it gets sent on. Miklo reported that Terry Smith said he will be on vacation at the time of the next meeting. Freerks said the decision to defer would be up to the Commission. Koppes said she felt the Commission had discussed the matter enough. Motion: Koppes made a motion to approve the amendment to the Comprehensive Plan to include the Historic Preservation Plan with the amended language pertaining to Goal 10 Neighborhood Strategies that was present in the memo from Weitzel and Miklo. Dean seconded the motion. Eastham offered an additional amendment to modify to Goal 10 (pages 63-66) of the Plan. He said his concerns centered on language in the Plan that reached beyond historic neighborhoods and into older neighborhoods in general. He said he did not think the Plan was a good place to do general neighborhood stabilization. Freerks said she thought the intent of the Plan was to focus on historic and conservation districts and neighborhoods, and asked for specific areas where Eastham felt the wording was inaccurate. He quoted areas in the plan where "older residential neighborhoods" were referenced. Weitzel said the intent of the wording, in such instances, would be irrelevant, because the Historic Preservation Commission can't act until an area is a historic or conservation district. Plahutnik said it was important to acknowledge the natural progression of a neighborhood from simply a place with some older homes, into an area that people recognize the value of, and want to preserve. He said he felt the language of "older residential neighborhoods" acknowledged the value of such places and left the door open for those places to transition into a historic or conservation district at some point in the future. He said Eastham's focus on affordable housing was at the loss of city history. He said there was a need to balance both. Eastham said he shared Plahutnik's goal of having citizens look back 50 years from now and appreciate the work the Commission did by carefully drafting a Comprehensive Plan that includes everybody in the city. Eastham also said he wanted to correct the perception that he was primarily interested in affordable housing, but rather that he was interested in continuing housing opportunities for all members of the community- including owners and renters. Eastham said, according to his calculations, there are 600 to 700 rental residents within the historic and conservation districts, and those people makeup a significant percentage of the total residents of those areas. Freerks said she felt the current language of the Plan was good and that it offered some relief from the constant pressure to turn property into rentals that close-in areas experience, while at the same time, fostering healthy neighborhoods. Eastham said the primary amendment to the amended Plan he would like considered related to goal ten of the Home Ownership Incentive Program (p. 65-66). He suggested the program be expanded and redefined so that a wider range or reinvestment programs could be utilized and directed at existing home ownership, new home ownership, existing rental ownership, and new rental ownership. Freerks said she was not interested in exploring the topic, and asked the Commission if there were four people who would be interested in making such a change. No one expressed interest. Planning and Zoning Commission January 17, 2008 Page 4 Eastham questioned Greenwood about using the Home Ownership Incentive Program as a tool to increase home ownership at the expense of rental units in certain areas in relation to the legality of the City decreasing rental occupancy in certain neighborhoods. Greenwood said she didn't see the program as such, and said it was not a direct Land Use Regulation. She added that there was a large difference between the City regulating rental occupancy and it being an indirect consequence of a program. Eastham asked if it was the City's legal department's opinion that what the City could not do through ordinances, it could do through offering money. Greenwood said that what the Commission does through creating zones affects land use regulation, and incentivizing this type of program is a policy. Miklo gave an example of a similar program in Pennsylvania, near Penn, where the City had identified an area in need of improvement. He said there is a low-interest loan program that is funded by the University for owners buying in the area. He said he did not believe that program, or any similar to it, have been legally challenged. Koppes and Freerks asked for Eastham to offer a specific amendment. He said he would like to change the wording of number one of the Home Ownership Incentive Program (p 65) to, "... consider the primary goal for such a program as improvements in historic and conservation districts where housing conditions indicate a need for additional private and public investment" (removing language about neighborhood stabilization by encouraging an increase in owner occupied properties). Freerks asked for a second to support the language change motion. There was none. Eastham said he would also like to change the language in point number three to read, " .. . target the program to renter and owner occupied residences in historic and conservation districts where housing conditions indicate a need for reinvestment. Design the program to avoid displacing current residents, and from having a disparate impact on protected minority classes." Freerks asked for a second on the motion. There was none. Freerks called for any further discussion on the topic. Koppes thanked the Historic Preservation Board and community members for all their hard work on the project. Freerks spoke of discussing historic preservation with someone from Waverly, and she said urged him to use historic preservation as an overlay to the existing zoning because he will only be a steward of his property for a little while. She said she views zoning as all we have to keep historic areas intact and preserve the qualities in them that separate them out as special places. Eastham said he is in agreement with nine out of the ten goals of the Plan, but he does not agree with the last goal and its purpose of changing the balance of owner and rental occupancy in' historic and conservation districts, which he does not feel keeps with the purpose of the City's overall Comprehensive Plan. . Freerks called for a vote. The motion carried 4: 1 (Eastham in the negative, Smith and Brooks absent). OTHER: Miklo said a draft of the Subdivision Regulations was complete, and it was being distributed to some area interest groups, such as the Homebuilders Association. He said Planning and Zoning Commission January 17, 2008 Page 5 before a public hearing is scheduled, he would like to schedule work-sessions with the Commission to cover the document. CONSIDERATION OF MEETING MINUTES December 20,2007 and January 2,2008 Motion: Eastham made a motion for approval of both minutes. Plahutnik seconded the motion. The motion carried 5:0 (Smith and Brooks absent). ADJOURNMENT: Motion: Koppes made a motion to adjourn, and Shannon seconded it. The motion carried 5:0 (Smith and Brooks absent). The meeting was adjourned at 8:20 p.m. C o 'iij II) 'E E o o'E c)o C " ,- CI) cIX: o NCI)~ ......"0 ....CN C)"' c"C ,- C C CI) C:;: .!!<( Q" ~ (3 "' ~ .2 C) Z ~ W W :::!! ..J <( :::!! 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