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HomeMy WebLinkAbout03-08-2008 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION Thursday, April 3, 2008 - 7:30 PM Formal Meeting Iowa City City Hall Emma J. Harvat Hall 410 E. Washington Street AGENDA: A. Call to Order B. Public Discussion of Any Item Not on the Agenda C. Discussion of amendments to Title 15, Land Subdivisions Consideration of amendments to regulations pertaining to the subdivision and development of land. D. Election of Officers F. Adjournment Upcoming Planning & Zoning Commission Meetings: Informal Aril 14 Aril 28 May 12 June 2 June 16 Formal Aril 17 May 1 May 15 June 5 June 19 City of Iowa City MEMORANDUM Date: March 28, 2008 To: Planning and Zoning Commissioi From: Karen Howard, Associate Plann RE: Draft subdivision code Attached is another copy of the draft subdivision code for your use at the meeting on Thursday. Except for correction of a couple of typos we found and re -organization of the paragraphs of 15-2-213, which was confusing, the document is the same as forwarded to you previously. Since the changes in the draft are based on goals and objectives expressed in the City's Comprehensive Plan, you may want to review the plan to refresh your memory. For the benefit of the public attending the meeting, staff will present a summary of the goals of the project and highlight the major changes in the draft, similar to presentations given to you at your work sessions. During public comment, we will keep track of any requests for amendments to the draft. We will draft a decision matrix with these requests similar to what we did for the draft zoning code. This matrix may be helpful to you as you make decisions regarding amendments to the draft. Staff Recommended Draft April 3, 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 Purpose 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. ALLEY: An open public way intended ey for use as a seeendafy 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 Planning and Zoning_ Commission 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 Feasee costs incurred by a developer in constructing, improving, or otherwise extending public improvements from existing public improvements through or along property not owned by said developer to the boundaries of property under development and which improvement are capable of serving other properties. , as ameRded. OUTLOT: a portion of a platted subdivision or other parcel of land not intended by its owner for immediate development. An outlot may also be a tract or parcel of land within the subdivision intended for shared use by the residents of the subdivision or by the public, e.g. public or private open spaces and/or walkways. PARCEL: A part of a tract of land. PUBLIC IMPROVEMENTS: The principal structures, works, component parts and accessories of public infrastructure that become part of, are placed upon, or affixed to real estate, including, but not limited to: Staff Recommended Draft April 3, 2008 • Sanitary sewers; • Storm sewers, the lines or pipes and drainage swales; • Bridges and culvertsl • Streets, trails, and sidewalks; • water mains; • Storm water management facilities; • Public open sace 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 County Council of Governments (JCCOG) 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." STREET: A public or private street as defined in this Title. STREET, PRIVATE: A privately -owned way that is intended to afford a means of access to abutting property and for moving local traffic. STREET, PUBLIC: A right-of-way, dedicated to and accepted for public use, which affords a means of access to abutting property and a means of vehicular travel. A public street is owned or controlled by a government entity. 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 by a registered land surveyor, having a number or letter designation for each lot within the plat and a succinct name or title that is unique for the county where the land is located. SUBDIVISION PLAT, MAJOR: A subdivision plat that ' 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. invelying 7 iestiteet . '15-1-4 Establishment of • • A. Any 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 April 3, 2008 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 Building 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 management facilities, said exceptions being 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 paragraph 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. A. No person, owner or responsible party shall do any grading in n any areas as described in Chapter 17-8, Grading Ordinance, without first obtaining a gradingpermit from the Building Official. B. No person, owner or responsible party shall do any grading in 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, grading ading or any development activity on tracts of land or portions of tracts of land where any regulated sensitive features exist, as specified in Article 14-51, Sensitive Lands and Features. A Sensitive Areas Review may occur concurrently with Subdivision Review as set forth in this Title. D. No public improvements shall be installed without approval of construction plans by the City Engineer or designee. 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 April 3, 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 regard to the subdivider's obligation to construct stormwater management facilities, the provisions of paragraphs 1 and 2, below., apply. 1. With respect to a subdivider's obligation to construct stormwater management facilities, the City shall provide a partial release for the development from any liens or clouds on title to the development by reason of such stormwater management obligations, provided the City Engineer certifies that the following conditions and/or events have occurred: a. The facilities have been substantially completed,. b. An escrow amount has been established with the City in an amount approved by the City Engineer, to which the City's lien should attach immediately pon execution or recording of the partial release; 2. The City agrees to issue a total release for the facilities upon certification by the City Engineer, in writing, that all of the following events and/or conditions have been substantially completed: a. Permanent ground cover is established and mowable� b. Erosion and sedimentation are controlled in conformance with the approved plans and specifications; C. The facilities are complete; d. All land within the tributary area in the development, or a lesser amount of land as approved by the City Engineer, has been developed. 15-1-8 Exceptions A. Modifications of Requirements 1. Upon recommendation of the Planning and Zoning Commission or on its own motion, the City Council may vary, modify or waive the requirements of �fr''" r' of }me G. h aver Chapter 3 of this Title, Subdivision Design and Required Improvements, provided one of the following qualifying circumstances are met: undeFthe fellew'Fig ei st-anees: a. If the subdivider can demonstrate that strict compliance with the requirements of AFtide G ef this G.1hap Chapter 3 of this Title would result in extraordinary 4 Staff Recommended Draft April 3, 2008 hardship because of , excessive costs due to eFetheF SHE19 non -self-inflicted conditions; of -and if the subdivider can demonstrate that strict compliance with the requirements of Chapter 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 Chapter 3 of this Title would result in peep 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 14-5I, 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 neighboring 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. B. Unusual Plats C. City Council Action The City Council must approve any variance, modification, or waiver of the general requirements set forth in this Ce.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. B. 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 approval by the Citv. 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 Generally 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 subject to the penalties specified in 1-4-2D, except for environmental infractions, which shall be Staff Recommended Draft April 3, 2008 subiect to the penalty for same as specified in 1-4-2B-2,, as amended. Each day that a violation occurs and/or is permitted to exist constitutes a separate offense, and civil andJor criminal Penalties shall be computed accordingly. Staff Recommended Draft April 3, 2008 CHAPTER 2. PLATS AND PLATTING PROCEDURES 15-2-1 Concept 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 wises 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. B. Submission Requirements The concept plan must include the following information: i. The proposed layout of streets, Jots, location of stormwater facilities, and open space. 2. General topography, based on existing topographic maps or other resources. The property is not required to be surveyed at the concept plan stage. 3. Approximate footprints of any existing above -ground man-made features located on the subject prope�rty. including buildings and other structures, streets, sidewalks, etc.; 4. Surrounding land uses and approximate location of building footprints on abutting properties; 5. Sensitive features, including streams, wooded areas known wetlands or potential wetlands known archeological sites, etc. 6. Other necessary information pertaining to the existing_ conditions of the property, as requested by the ON. C. Review of concept plan i. Upon receipt of a concept plan the Department of Planning and Community Development shall review the concept plan in the context of the standards of this Title, other City Code requirements, and Comprehensive Plan policies, and will have the discretion to solicit comments from other city departments. 2. The Department of Planning and Community Development will provide general written comments to the applicant within 20 business days of receipt of the concept plan based on the information submitted by the applicant. These comments are intended to provide guidance to the applicant in preparing the preliminary plat and are not to be construed as comprehensive with regard to compliance with the City 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 Preliminary 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 Staff Recommended Draft April3, 2008 twelve (12) copies of a preliminary plat for consideration. This submission must include accurate and complete information as set forth in subsection 15-2-213, below. 2. The City Manager or- nee(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 15-2-213, below, has been submitted; 3. The applicant will bE.k 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 right to discontinue staff review until a complete and accurate application is filed. The start date for any applicable time limitations for the application under review will be the date when a complete application is submitted. the plat shall be 5. The City may waive submission of the preliminary plat if the final plat includes all the requirements of the preliminary plat. B. Plat Specifications and Accompanying Information 1. The preliminary plat shall be drawn to the scale of one inch to 50 feet (1" = 50'); 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 (1" _ 100'). In additionL adigital 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. NameUs and address es of owner,) 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. 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 plat. i. Location of any proposed outlot(s), identified with progressive letter designations, and the purpose of said outlot s clew specified on the plat. j. Proposed location of clustered mailboxes. Staff Recommended Draft April 3, 2008 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. 1. 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, bioswalE!s, rain gardens, 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. 2. The preliminary plat shall be accompanied by the following information: a. A location map with north point showing an outline of the area to be subdivided. ., b. A grading plan, including proposed methods for the prevention and control of soil erosion, pursuant to the Grading Ordinance, Chapter 17-8 of the City Code. c. If access to State routes is proposed, the plat must be submitted to the Iowa Department of Transportation for review. Comments from the Iowa Department of Transportation must be submitted with the proposed plat. e. For properties containing regulated sensitive features as specified in Article 14- 5I of the City Cade, a Sensitive Areas Development Plan must be submitted as set forth in Article 14-5I. 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 Department of Planning and Community Development shall distribute said copies to the appropriate City Departments for review as designated by the City Manages 3. Said designee(s) shall examine the plat and application to insure compliance with the requirements of this Title, other relevant provisions of the City 9 Staff Recommended Draft April 3, 2008 Code, Comprehensive Plan policies and with State law. Upon completion of examination, the Department of Planning and Community Development shall forward a written report, including recommendations, to the Planning and Zoning Commission. No plat shall be forwarded to the Planning and Zoning Commission with more than six (0 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 shell study the revised preliminary plat, review the application of the owner and review the report from the Department of Planning and Community hi e , 6. The Commission shell recommend approval or disapproval of the the plat within 45 calendar days f the date the City receives a complete applicatiorLor the preliminary plat shall be deemed to be approved by the Commission. The oviner or owner's representative may, however, agree 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 revelals 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 . 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 Required i. After approval of a pi-eliminary plat or if the requirement for preliminary plat has been waived by the City Council, the owner or owner's representative shall submit to the City Clerk twelve (12' copies of a final plat for review. Said final plat must be submitted to the City Clerk within 24 months of approval of the preliminary plat unless an extension has been approved by the City Council. This submission must include accurate and complete information as set forth in 15-2-3B and 15-2-3C� below. 2. The Department of Planning and Community Development will check the application for accuracy and completeness. A "complete application" shall mean the following: .10 Staff Recommended Draft April 3, 2008 a. A final plat with accurate measurements and dimensions, and with easements correctly identified- b. An accurate IgEal description C. All required legal documents and accompanying instruments as specified in 15- 2-313 and 15-2-3C, below; d. Construction plans according to the specifications of the City Engineer; 3. The applicant will be notified of deficiencies and jor discrepancies or if an application is incomplete. If an application is found to be incomplete, the City will inform the applicant and reserves the right to discontinue staff review until a complete and accurate application is filed. The start date for any applicable time limitations for the application under review will be the date when a complete application is submitted. 4. , Upon approval by thE! City, 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 delpyed. Whether or not said infrastructure is essential in nature shall be determined by thE� Ci 5. If the preparation of the Final Plat results in variations from the approved preliminary plat, the applicant shall submit a description of any requested variations from the approved preliminary plat. Substantial variations may result in the necessity to file an amended preliminary�lat. B. Specifications The final plat shall meet the following specifications: i. 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. e. Street names and street right-of-way widths. f. Complete curve notes for all curves included in the plat. 11 Staff Recommended Draft April3, 2008 g. Street center lines with accurate dimensions in feet and one -hundredths of feet with bearings or angular dimensions to street, alley and lot lines. h. Lot numbers and lot line dimensions. For lots where the lot width is different from the lot frontage, 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. 1. 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 "ridth of easements for +e utilities. q. Certification by the die utility companies that the location of e utility easements are properly placed for the installation of a 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 digital version of the final subdivision plat as part of the aimlication Process. _Once the plat has been approved by the City Council, a final copy of the digital version of the plat shall be submitted to the City Engineering Department. The digital submittal shall be compatible with the Johnson County Geographic Information System and City of Iowa City mapping system. Specific formats, procedures,, and methods needed to meet this requirement will be updated as changes in technology occur. C. Accompanying InStMnients 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 stc-itement 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 April 3, 2008 4. Encumbrance Certificates If there is no consent from the mortaaQe holders or lienholders as specified 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. 5. 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 complete set of construction plans for all publ,ic improvements, meeting Ci specifications, must be submitted to the City Engineer'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 approving of the name or title of the subdivision as succinct and unique to Johnson County. 9 Subdiv� • s tifiente~m 1 etter of C-red:% 'der's Agreement �-- e� , 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 payable to the City in a form approved by the City Attorney. 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. ,— e'ae- -° , 13 Staff Recommended Draft April 3, 2008 tethin Jttior n e` $Ye Fn E#-i#iii le er of nr�clif- F any :1 Art A , neeessa,py� peltwen theFeef te eemffi,kete theifflPFevement. V , d. , The fiffl,lal 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 agreement may include other conditions peculiar to the subdivision as a' lowed by law. 10. Iowa Department of= nsportation Permits Approved IDOT permits must be submitted, if required. D. Review; Approval or Disapproval i. 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 Development shall distribute said copies to the appropriate City Departments for review as designated by the City Manager; 3. Said designees shall examine the application, a the plat, the construction plans, aiid the legal documents to insure compliance with the requirements of the C Code aflei-ef State law, and the preliminary -r 4. The costs of engineering examination of final plat and construction plans shall be paid by the subdividE�r and shall be the actual costs of the engineering examination and review as incurred by the City. 7. Upon completion of said review Gemmissien staff shall recommend approval or disapproval of the plat within 45 calendar days . of the date the City rea:ived a complete application, or the final plat shall be deemed to be approved by the staff i^ery missien. The owner or subdivider may, however, agree, in writing, to an extension of time. 8. Following staff evaluation, , the owner or owner's representative shall submit a digital version, a transparent reproducible copy and 8 prints of the revised final plat with the signatures of the surveyor and the respective utility companies to the City Clerk. 14 Staff Recommended Draft April 3, 2008 9. After receipt of the recommendation of the Geminissien 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 the submission of a complete application for a final plat 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 Staff Recommended Draft April 3, 2008 CHAPTER3. DE�iIGN STANDARDS AND REQUIRED IMPROVEMENTS 15-3-1 General Requirements A. Design of the subdivision shall comply with the standards of this Chapter, provide for the orderly growth and development of the City, demonstrate consistency with the Iowa Citx Comprehensive Plan and any specific adopted district plans, and take into consideration the natural features of the site and patterns of adjacent development. B. The subdivider of property shall be responsible for constructing all public improvements associated with the proposed subdivision according to City Code, unless exempted from such requirements according to the provisions herein. C, Public improvements, as defined in this Title, shall be constructed and installed according to the standards established by the City. Copies of said standards are on file in the office of the City En ineer. 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 following standards. i. Arterial streets must be located and extended in general accordance with the ]CCOG 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 property line to provide for their extension to adjacent properties. Each subdivision must contribute to the larger interconnected street pattern of the City to ensure street connectivity between neighborhoods, multiple travel routes resulting in the diffusion and distribution of traffic, efficient routes for public and emergency services, and to provide direct and continuous vehicular and pedestrian travel routes to neighborhood destinations. 3. The road system shall be designed to permit the safe, efficient, and orderly movement of vehicular and pedestrian 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 adjacent properties; and to respect natural features and topography. 4. Use of cul-de-sacs and other roadways with a single point of access should be avoided. Cul de sacs will be considered where it can be clearly demonstrated that environmental constraints, existing development, access limitations along arterial streets, or other unusual features prevent the extension of the street to the property line or to interconnect with other streets within or abutting the subdivision. 16 Staff Recommended Draft April 3, 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 by topographyprevious 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 determining whether additional street access is a prerequisite to additional lots or developable parcels being approved by the City. Additional access may be required if a proposed development will result in any portion of a street that provides a single means of access to an area being overburdened with traffic. Overburdened' shall be defined as a projected volume which exceeds the midpoint design volume as follows: a. Local street: 500 vehicles per day b. Collector street: 2,500 vehicles per day 2. Projected traffic volumes shall be determined by using the most recent Average Daily Traffic count when available, and adding it to projected traffic generation as determined by the City. In the absence of a recent traffic count, projected traffic volumes shall be calculated by using projected traffic generation for both existing and proposed development. 3. Additional means of access may also be required if any of the following conditions exist or will exist if additional lots or developable parcels are approved: a. There are physical features that may increase the probability of blockages along the single means of access to the development. These physical features include but are not limited to: slopes 8% or greater; floodplains as designated by the Federal Emergency Management Ag�y; a bridged or culverted roadway; trees adjacent to the roadway with trunk diameter greater than four inches; a grudge 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 along which there are existing or proposed facilities that may increase the probability of pedestrian -motor vehicle conflicts. These facilities include but are not limited to schools, daycare centers and parks. d. There are land uses located along the subject 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 serving elderly persons, or persons with disabilities. 4. For a situation requiring 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, alternatively, said access is scheduled for 17 Staff Recommended Draft April 3, 2008 construction no later than the third year of the then current Capital Improvements Program of the City. C. Street Types Table 15-1, Standards for '.3treet Rights -of -Way, provides a summary of various street types. The information in 'this table is intended to provide guidance for the design of the street network within a subdivision. When designing a subdivision, street types should be chosen based on the intendded 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 Right -of -Way Land shall be dedicated to the City for all public street rights -of -way within the development and for any public street right-of-way that is needed for streets that abut or will abut the development. E. Altern-ative Street Desiclns/Modifications Pion, -ir cnco mf c, -ho4i� o 11 Re%d. ef Pavement Width in the hieh n 113nnth thin inelude' -1 Ain -saes en n ' i 'MCI Chn! wh m;wle-imn spaees shall he eenStRAKAI at the time e thin hAI inn �•�,ne��r� .n • TstFu r: Cie f: - - - - - • UP - - - W-- -F-9111- EI 18 Staff Recommended Draft April 3, 2008 Table 15-1: Standards for Street Rights -of -Way ;Residential Alle /Rear �,Une : �6 20 ft. 16 ft. 2 No 12% N/A arnxrierci� A11eyfRear bane � 20 ft, minimum 20 ft., varies 2 No 10% N/A / varies :Loop StreetF 100 ft. 22 ft. 1 shared Yes, on one 10% 4 ft. minimum / side residential varies', side of street only Low vo`lum�eCu1 de lac > !: 50 ft. 22 ft. 1 shared Yes, on one 10% 4 ft. both side sides Gul de sac 60 ft. 26 or 28 ft 2 Yes 10% 5 ft. both ,' sides Local R+�side�ntial street -50 60 ft. 26 or 28 ft. 2 Yes 12% 5 ft. both sides Local ommerc aw dustriah; , 50 60 ft. 28 ft. 2 Yes 8% 5 ft. both As sides Colleetor;Street (all lard :uses) ' 60 66 ft. 31 ft. 2 Yes 10% for 5 ft. both residential; sides 8 % for commercial or industrial Collector 5xree4w/ bkeaanes ' 66 ft. 34 ft. 2 No 8% 5 ft. both 77 sides 21wlane Arterial Street 80 A: 100 ft. 44 31 ft. 2 No 8% 8 ft. one minimum side / 5 ft. one side Atteri»I SteMi*/ Bike lanes 100 ft. 34 ft. 2 No 8% 8 ft. one ' minimum_ side / 5 ft. one side 4-lane Artera Street 100 ft. 54 ft./ varies 4 _ No 8% 8 ft. one minimum_ depending if side / 5 ft. ' median is included one side Arterial Street w/ parking 100 ft. varies, based on 2 Yes 8% 8 ft. one minimum: more number of lanes side / 5 ft. may be r-.Quired and whether one side denendir.g on parking is parallel parkin or angled. confi uration 3-lane Arterial Street 100 ft. 46 ft., I varies 3 No 8% 8 ft. one minimum_ depending if side / 5 ft. median is included one side Loop streets provide access for 12 or fewer dwellings. 2 Low volume cul-de-sacs 12rovide access to 10 or fewer single family dwellings 3 For residential streets with less than 28 fec;t of pavement width, parking is restricted to one side. • A Streets 80 feet. 59 feet. 19 Staff Recommended Draft April 3, 2008 VAWJIS ILWIMIM 10 IKW 110 112 A ri■w r�i I CtrAA ". ■a■ 'LT.ir! • • - - • - to i i • i • • i i - - • i • . i i . • • - - Lin - - - - - - - . - • • • . - i i MW 2 • i - - - i i • • • . • I I III WALMMELO ON 0 0 1. • - - - - • i - • . • I • • I IILW 11111,6111110VIIII- - i i to I I NN � VAvWwy - • - - • . - . . • • • 1 INS WILWM 0 2 LOWto . • - - • - - � • • • . . •. •i • . • . • • • • • . - • i i • iS SLvj• i wl ALIN • • • LOW Lv A Mlft I 11LwJ• F. Measurements and Construction Standards 1. All right-of-way immovements must be designed and constructed according to the design and construction standards established by the City. Said standards are on file in the office of the ON Engineer. neer. 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 meidian 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 S1 standard as described in Article 14-5Ff Screening and Buffering Standards. The subdivider's agreement shall set forth procedures for adjacent property owners to maintain the landscaped area within the center mE!dian 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 April 3, 2008 the righ, t to perform said services, and the cost thereof shall be a lien and charge against all of the subiect lots. G. Street Intersections 1. A maximum of four IEQs are allowed at any one intersection. irate seetiens of ffieF 2. . The distance between street intersections must be at least 125 feet centerline to centerline. 3. Intersections of street center lines shall be between 800 and 1000. 4. Corner lots abutting can 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 abuttin ee undeveloped areas. In such cases a temporary fire -apparatus_ accommodating turn -around may be required and, if required, must be constructed to City specifications. H. Traffic Calming Features - i. The street network block length, and layout of lots should be designed in a manner that discourages speeding traffic and unsafe driving behavior. 2. In order to minimize the potential for speeding traffic and create a safer environment for pedestrians and bicycles, the City may also, in cases where it is warranted, require traffic calming features to be designed 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 mist be consistent with the following standards, unless an exception is approved by the Ci : 1. In order to ensure safe an efficient provision of public and emergency services, each proposed street name shall be distinct from other street names within the larger metropolitan area; 2. Street names that are overly lengthy, difficult to pronounce, or that may be considered inappropriate or unappealing shall be avoided; 3. For new streets, the following rules apply: 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 aligned in an east -west dire(:tion; C. The term "boulevard," "road," or "drive" may be used for a roadway that is aligned neither, in a north -south nor east -west direction, but which changes direction or mE�anders; d. The terms "lane," "court," or "circle' or "place" should be used for cul de sacs or low volume loop streets. 21 Staff Recommended Draft April 3, 2008 i ■ 4. Cul de sacs or low volume loop streets may use the same name as the roadway with which it intersects. For example, a cul de sac that intersects with Rose Avenue may be named "Rose Count." 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., or exam le the name., "Rose Drive," may not be used in one neighborhood, if there is already a "Rase Avenue" in a different neighborhood. Private Streets 1. Private streets in single familv residential areas are not allowed. 2. Re uests for Drivate streets in multi -family, commercial, and industrial areas will be considered rovided that connectivity to adiacent.properties is not needed and the responsibilities for maintenance, snow removal, garbage service, and street sweeping is c_. leariv established according to the provisions of paragraph 3., below. 3. If private streets are approved, the subdivider must submit a legally binding instrument setting_forth the procedures to be followed for maintaining private streets and providing garbage service, snow removal, street sweeping, and for financing these services. Such costs shall be shared by all owners of property located within the subdivision, or designated portion thereof, through the use of an owners association or other entity satisfactory to the City. Said instrument shall provide that if said services are not provided as required therein, the City shall have the right to erform said services, and the cost thereof shall be a lien and charge against all of the owners of lots so designated 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. Any payment for pavement overwidth by the City shall be .pursuant to StatE! law. L. Cost sharing for street; upgrades 1. At the discretion of the City, , subdivisions may be approved that access existing public streets that do not rneet City standards, provided the subdivider contributes toward the future reconstruction cost of bringing the segment of the subiect street that abuts the subiect property to City standards. When determining whether such an aRl2roval will be Qrarited, the City will evaluate the street based on factors such as roadway surface, siaht distance, anticipated traffic levels, and pedestrian/bicycle facilities. If the QM, permits a development to access a street that does not meet ON standards, the subdivider shall contribute to the cost as follows: a. Local Streets; Local streets are streets that serve as access to property and carry insignificant amounts of through traffic. Therefore, the subdivider shall pay 100% of the cost of upgrading a local street to City standards for that segment of the street that abuts the subiect.property. If the subdivider controls land on only one side of a local street, they will be required to contribute 50% of the cost of upgradinqthe sub'ect street segment to City standards. The City will expect the 22 Staff Recommended Draft April 3, 2008 subdivider of property on the other side of the street to contribute the other 50% of the costs at such time as that land is subdivided/developed. Costs to reconstruct the ;street will be determined by the City Engineer. b. Collector StrefAs Collector streets are streets that collect traffic from a subdivision or neighborhood, and direct it to and from the arterial street. The function of a collector street is 50% access to propert, and 50% through traffic. Therefore, the subdivider will be required to contribute 50% of the cost to upgrade a collector street to City standards for that segment of the street that abuts the subject DroRertf, with the City contributing the other 50%. If a subdivider controls land on only one side of the collector street, they will be required to contribute 25% of the total cost for the subject street segment. The City will ex ect 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/developed. Costs to reconstruct the street to City standards will be determined by the City Engineer. c. Arterial Streets Arterial streets have the primary function of carEylina traffic throu hand between neighborhoods. The function of an arterial street is 25% access to r)ror)ertv, and 7:5% through traffic. Therefore the subdivider will be required to contribute 250% of the cost to upgrade an arterial street to City standards for that segment of the street that abuts the subject property, with the City contributing. the other 75%. If a subdivider controls land on only one side of the arterial strE:et, they will be required to contribute 12.5% of the total cost of the subject strE,et segment. The City will expect the subdivider on the other side of the artE�rial 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 by the City Engineer. Sidewalks,15-3-3 Pedestrian C• - • Public sidewalks,trails, and E!destrian connections shall be constructed in the public right-,of- way_ according to the following standards: A. Sidewalks, trails, and pedestrian connections shall be constructed according to City standards. Said standards are on file in the Office of the City Engineer. B. • . Five -foot -wide concrete sidewalks must be constructed along both Wo %.1 1,0sides of all local and col streets, except for connections to existing sidewalks as provided in subsection D, below. For low volume cul de sacs and loop streets, as described in Table 15-1,_the required sidewalk width may be reduced to four feet. streets,_a live -foot sidewalk is re uired on one side of the street and an 8- C. Along arterials The Ci will foot sidewalk on the other side, except as allowed in subsection D below. determine on which side of the street the 8-foot sidewalk will be placed. When an 8-foot sidewalk is required, the City, at its discretion, will either pay for the excess pavement re uired for the develo er to install an 8-foot sidewalk rather than 5-foot sidewalk, or collect the estimated cost of the 5-foot sidewalk from the developer and apply said cost to 23 Staff Recommended Draft April 3, 2008 construction of an 8-foot sidewalk by the City. Any payment of excess pavement costs by the City shall be pursuant to State law. D. In cases where the goposed sidewalk provides a connection between existing sidewalks that are less than the re faired width, the .proposed sidewalk may be constructed to match the width of the adiacent sidewalks. However, this modification is not allowed in cases where one end of the pLoposed sidewalk will provide a connection to future sidewalks for new development. In such a case, the sidewalk should be tapered to provide a transition between differing 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 development and to the property line W provide for their extension to adjacent properties. F. The subdivider will be responsible for the construction of a public sidewalk along the frontage of private open space, _public open Wage a required to be dedicated to the City according to the Article 14-5K, Neighborhood Open Space Requirements, and along the frontage of other outlots as necessary for a continuous sidewalk system to be created. G. eefist e eFecc walks and dedicate theffi t&-the ei. In residential subdivisions, blocks longer than 600 feet must have mid -block pedestrian connections between adiacent streets. unless said connection is deemed to be unnecessary and is waived by the City. At the time of subdivision, these connections must be platted as minimum 15-foot-wide easements; if the connecting sidewalk is ,greater than 5 feet in width, the easement must be at least 20-feet wide. Within this easement a sidewalk must be constructed to City 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 pedestrian easement must be maintained by adiacent property owners according to the subdividers agreement in a manner similar to maintenance requirements for public sidewalks. H. Where a trail extension, as identified in the Comprehensive Plan or an adopted trails plan, is located on the subject property, the City may require an easement or alternatively, may re uire dedication of an Du- for the trail. Construction of the trail or portion of a trail mav also be required in instances where said trail or portion of a trail primarily serves the needs of the proposed subdivision/development. In this situation, the trail will be treated as a public improvement. Dedication of land for a trail extension shall count toward the o ens ace requirement for the development, provided said land is consistent with the standards for open spaa� as set forth in Article 14-5K of the City Code and provided said land dedication is acceptable to the Ci . 115-3-4 Layout of Blo ks and Lots A. Blocks 1. Blocks should be limited in size and be laid out in a pattern that ensures the connectivity of streets, provides for efficient provision of public and safety services, and establishes efficient and logical routes between residences and non-residential destinations and public gathering places. 24 Staff Recommended Draft April 3, 2008 2. lr �ff- Toi)rovide multiple travel routes within rease ',Vl 116ANI 0-1 1%.OVT "AU, .and between neighborhoods, block faces along local and collector streets should rancie between 300 and 600 feet in length and for residential subdivisions have a width sufficient to accommodate two tiers of lots. Longer block faces may be allowed in cases of large lot commercial: industrial or rural residential development, or where tomography., water features, or existing development prevents shorter block lengths, although mid -block iedestrian connections may b_ a required (See Section 15-3-3, above). Block faces Eire measured from centerline to centerline. 3. Block faces along arterial streets should be at least 600 feet in length. Intersecting collector streets should be spaced in a manner that provides adequate connectivity between neighborhoods, but also maintains the capacity of the street for the safe and efficient movement of traffic. Longer block faces may be required along high capacity or hi hg_ er speed arterial streets where the interests in moving traffic outweigh the connectivity between areas of development. The City may approve shorter block faces in high density commercial areas or other areas with high pedestrian counts. 4. Cul 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 WFiq aF bulb. B. Lots 1. Lots must be platted in a manner that will allow development that meets all requirements of Title 14: Zoning. Lots must be of sufficient size to accommodate an adequate buildable ;area and area for required setbacks, off-street parking, and service facilities required by the type of use and development anticipated. 2. Lots with multiple frontages must be platted large enough to accommodate front setback requirements along street -side lot lines. 3. If aproperty with frontage along an arterial street is proposed to be subdivided, developed or redevekloped for any Multi -Family, Group Living, Commercial, Institutional or Industrial Use, a cross -access easement must be provided by the property owner to all adjo�.iningproperties that front on the same arterial street that are or may be developed as Multi -Family, 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, emeep speE-le .Where such lots are necessary to overcome specific disadvantages of topography, land features, or access restrictions, the following standards apply: a. Lots with multiple frontages shall be 125% of the required lot area for the zone in which the lot is located. The additional required lot area shall be used to increase the depth of the lot between street frontages. b. Double and triple frontage lots where dwellings will have side or rear building facades oriented toward an arterial street shall.provide a minimum 20-foot wide 25 Staff Recommended Draft April 3, 2008 landsca ed buffer area along the arterial street frontage. The buffer area shall be glanted with a mixture of coniferous and deciduous vegetation approved by the City Forester. The vegetation shall be required along with other public im rovements fir the property. Lots where dwellinas will have front building facades oriented toward an arterial street are exempt from this requirement. If a buffer area was reauired during subdivision, no solid fences will be allowed within this buff(!r area. This restriction must be noted in the subdivider's a reement and on the plat. On corner lots, the landscaping within the buffer must be planted and maintained to comply with intersection visibility standards. 5. Side lot lines shall approximate right angles to straight street lines to- or be a roximately radial to curved street lines, except where a variation will y p provide a better street and lot layout. For purposes oses of this subsection, "approximate right angles" means angles between 800 and 1000. 6. Residential lots shall not be designed with irregular shapes such as a flaa or anhandle shape where the structure on the lot may be hidden from the street behind another structure. 7. In residential subdivisions, lots must be arranged to allow easy access to public open space. The subdivision layout should be designed so that the location and access to ublic open sace is readily apparent to the public. Subdivision layouts where public open Wace is surrounded_ by private lots that back up to the public open space are discouraged. Techniques, such a_ s sinale-loaded streets along park edges or along segments of Dark edaes and well marked trail easements are to be utilized to satisfy this requirement. c. Provisions to Minimipt the Effgct of Hiahwav Noise Subdivisions adjacent to or within 300 feet of the Interstate 80 and/or the Hiahwav 218 rights of way shall compI with the followingrovisions intended to reduce the effect of highway noise on residential areas' 1. Any qortion of a residential lot that is within 300 feet of the Interstate 80 or Hiahwav 218 right-of-way shall be identified as a noise buffer, and no residential structure will be i2ermitted within this 300 foot buffer area. The buffer area shall be planted with a mixture of coniferous and deciduous vegetation approved by the City Forester. The vegetation shall be required along with other public improvements for the property. Existina trees and \Fe. e� tation may be used to comply with this reauirement as approved by the City Forester. Accessory structures and yards are permitted within the 300-foot buffer area provided the required vegetative buffer is maintained. 2. The 300-foot buffer for residential structures may be reduced with approval by the City if the subdivider constructs an earthen berm decorative wall or other similar structure and demonstrates that the highway noise lust outside the proposed residential structures will be no more than 60 dBA.�f is the nvie� rang tlfied b Elie U SHTC7 .e k the norm l Aaog, a '; rise in an r'b n residential rder Y neghborhvad. 3. The 300 foot buffer for residential structures may also be reduced with approval b the City if the subdivider demonstrates that existing topography results in highway noise being no mope than 60 dBA just outside the proposed residential structures. 26 Staff Recommended Draft April 3, 2008 15-3-5 Neighborhood Open Space Requirements 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. lw. hile t 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 14-51K, Neighborhood Open Space Requirements 15-3-6 w^r-t..",.,' Energy and Communications Distribution Systems A. Extension of energy distribution lines and communication distribution systems necessary to furnish permanent electric service and communication system service to new development within a new subdivision shall be made underground from existing systems according to the provisions set forth in Chapter 16-2, Public Utilities and Use of City Right of Way. B. The applicant shall provide all easements necessary for access to street lights, to allow energy and communication system 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 utility company shall provide underground wiring to the pole sites for appropriate street lights as determine by the City Manager or designee. 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 Cif. B. Proiect specific _tat -on fees may apply as set forth in Section 16-3-2, Proiect Specific Tan - On FPPS 27 Staff Recommended Draft April 3, 2008 C. e r if r . If City requires a sanitary sewer 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 according to the procedure set forth by the City Manager. Any payment of excess costs by the City shall be pursuant to State law. �15-3-8 Storm Water Management A. The developer shall provide the subdivision with adequate drains, ditches, culverts, complete bridges, storm sewers, intakes and manholes to provide for the collection, management, and removal of all surface waters as set forth in Chapter 16-3-T Storm Water Collection, Discharge, and Runoff. These improvements shall extend to the boundaries of the subdivision and beyond, as necessary se as to provide for extension by adjoining properties, as determined by the City. ,,,,AL.,,A,V,.,ien itself, 6,,,.., install the additienal neees PFey. .thefees must be ealeulated en a pFe Fata The fees F n1l ay be used t... 15-3-9 Water Systems 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 by adjoining properties, as determined by 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 according to the procedure set forth by the City Manager. Any payment of excess costs by the City shall be .pursuant to State law. 115-3-10 Clustered Mailboxes A. All new residential or commercial developments constructed after (the effective date of these regulations) that receive curbside delivery of mail shall have clustered mailboxes, 28 Staff Recommended Draft April 3, 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 conveniently located for residents. To that end, mailbox clusters should be located within one block or approximately 600 feet walking distance (whichever is less) from any residential property served by said mailbox cluster. Mailboxes should be located in a manner that provides safe access for residents, e.g. does not require residents to cross heavily trafficked streets, etc. Driveways shall be allowed no closer than 12 feet from the location of a clustered mailbox as measured along the curb line of the fronting street. Mailboxes must be located in a manner that will not violate the City's intersection visibility standards. Locations and design must be approved by the City and the United States Postal Service. Depending the size and location of the clustered mailbox, the City may 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 adjacent public street and sidewalk. An accessible route shall be provided according to ADA Standards for Accessible Design. The cost of installation, including but not limited to box units and concrete pad and sidewalk access shall be borne by the developer, and subsequent maintenance shall be carried out by the United States Postal Service. 115-3-11 Markers An iron rod 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 beginning and ending points of curves and at lot lines intersecting the curves. �15-3-12 Specifications A. The type of construction, the materials, the methods and standards of subdivision improvements shall be according to City standards. L-1 I-#. Said standards are on file in the office of the City Engineer. B. Construction plans and specifications, including plans for subdivision erosion control measures, shall be submitted to the City Engineer for approval prior to construction. Plans . Construction shall not be commence until the City Engineer approves the plans and specifications. C. If the infrastructure andjor grading cannot be designed to comply with City standards a new preliminary plat may be required at the discretion of the City. D. Record of Construction drawings must be submitted in hard copy and in digital form before public improvements will be accepted by the City. 29 Staff Recommended Draft April 3, 2008 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 of by the City. C. Grading shall be inspected and certified by the developer's engineer A. From time to time off -site public improvements are necessary 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 year coincident with the development proposal, the City may, at the City's discretion, assume responsibility for the extension of the subject infrastructure. • 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 _ greater in size than that needed to service the subdivision itself, the Citv, at its discretion, may share in the expense thereof. Such cost -sharing shall be according to the procedure set forth by the City Manager. Any payment of excess costs by the City shall be pursuant to State law. M.S. eensequential / / / / , ffle ths t%.ereafnr ■ , . nnk x ;f- thin F-mnommor finds that at the time ef the estifflate is censistent with we fly it Ll 1%� L-1 ItIll 1%.%�f 1 11 1 1./ / AA,IqieheyeF "IS less. . based ■ , 30 Staff Recommended Draft April3, 2008 ■ r r I. Il4* Pro Rata Fee vement shla him mr-m rntn based --men fetatage. ;,Afhwc;h Feeelverable eff site be by the. resAr. divided h4 x ':him impFievengent. %.Of el il es ee lineal will served Epublie - - - - -- • • • • • r • • - 11111 -A'AW-1 0 R§L'= ILWA = OF I _ •. . . • V _ 71 1 1 . _-R-�—g'C_-1,i F��r- r r subdiyl : b. Reimbui.mseiment r of -WELVIIIII a VILIMAII! 12- 0 LWI - LW =61 0 LMMILWIWAr 1 1 LWA'A'M• LWWALIOPI LWJ• Isif • •MR• / • / •I I LWA-• • • • • • I • • — — i — — r oili • . i •Lwl LWJWLqM RNLIMKO I E Lw 1111, 11��W�Jw It.� • • i • — • • .1032• • • i • • i1 Wj LWIL 601 i. i• i i LIft"AlLwl LWA VA LI i . i • •11• • • • • • • • • i • i • i i . i i w • i - - • — i i i . i • - • i i - i i — • — • - • -111111 r - - - 11 • • -11111 • / IRE • • - - ■ ■ •m1m • • • t • • I • • • - • • I . olmmLoqmLWLM9• •10• • • • • • ■ • • • I • I • • • ■ ■ • I • • • LLw • vi ELw,&w 11111i I I MIRE LwI IILw1dP • • r • . - I R§Lmn= . • • �Apw • • • ■ ■ • • N . - • T - . • • �il• • • • • i • • • i ■ • • . . • • • • • • • wIIIIIIIIII • i • • • • • • • • • • • • • . • - • • i i i i • • - i i 111"IA OR t i i — �• li . • . - MARTIN• WMIKIP WWWA :&'l Mill — — i • • • • • • • • 31 Staff Recommended Draft April 3, 2008 - iblie . oements h:u un a limited - sefi -1 life n Min; ximinnor'c right te Ant if a t thHe by iffiffevement is BE I P-1 - -any pa1F %efl eall Site. aFea served Eolling eff site r if id with llort r any, Fespeet te the dlell r By/ rim sueh mormit r r r . . VvIll r r r 32