PROPOSED SIDEWALK ORDINANCE AMENDMENTS

							6/19/2011


             PROPOSED SIDEWALK ORDINANCE AMENDMENTS

                                       Background

The Planning Commission’s Codes and Ordinances Committee has asked staff to prepare
an amendment to the City Code which would specify that sidewalks are required at the
time a building permit is issued for new construction. The Committee also asked staff to
explore the possibility of allowing an applicant in certain cases to contribute to a
sidewalk fund in lieu of constructing a required sidewalk.

Sidewalks are currently required with every new subdivision or site plan. Because many
older parts of Austin were subdivided before regulations required sidewalks, sidewalks
may not be required when existing structures are substantially modified or demolished
and replaced, even though the appearance of the neighborhood may over time be
significantly changed. Conversely, sidewalks may be required for isolated lots in older
areas that are resubdivided into smaller lots, even though sidewalks are not present on
other lots in the same block and may not ever be required by the City. The result of the
current policy is that sidewalks are not always required when they are needed and are
sometimes required when they are impractical.

There is also an inconsistency in how sidewalk requirements may be waived. At present
waivers are administrative if requested with a site plan but require Land Use Commission
approval if requested with a subdivision.

                                  Proposed Amendment

The proposed changes to the regulations would expand the existing requirements for
sidewalks but also increase flexibility. To encourage the construction of sidewalks in
areas that are witnessing redevelopment, the amendment would require that sidewalks be
constructed whenever a building permit is issued for new construction. In situations
where sidewalks are warranted but conditions make construction impractical, the
ordinance would allow the payment of a fee in lieu of sidewalk construction. Fees
collected could be used to construct sidewalks along other streets in the vicinity of the
project. To simplify the variance process, the amendment would make all sidewalk
variances administrative.

Applicability

Within the zoning jurisdiction, sidewalks are required in conjunction with a new
application for:
    subdivision
    site plan
    building permit for construction of a new building, excluding accessory buildings
       and buildings that, in the Director’s opinion, generate negligible pedestrian traffic.
6/19/2011



Waiver

The Director may waive the requirement for sidewalks based on criteria in the
Transportation Criteria Manual. The existing criteria should be modified to allow a
waiver only if it is determined that sidewalks are inappropriate because:
    there are no pedestrian generators in the area, or
    the land use and density are not conducive to pedestrian access.

The Director may require sidewalks along only a portion of the frontage if he or she
determines that the amount of sidewalk construction normally required is
disproportionate to the pedestrian impact of the proposed development.

Fee in Lieu of Sidewalk Construction

If the Director does not waive the requirement for sidewalks, the applicant may request to
pay a fee in lieu of sidewalk construction. The Director may approve payment of the fee
if he/she determines that:
      sidewalk construction is not feasible due to physical constraints, or
      sidewalks would not provide continuity in the pedestrian system.

The amount of the fee is based on a current engineer’s cost estimate.

Fees collected must be:
    used for sidewalks or curb ramps within the same service area (as defined by the
       Director).
    expended within 10 years of date collected, or else refunded to the applicant.

Implementation

In addition to the ordinance amendment, adoption of new rules will be required in order
to implement changes to the sidewalk requirements. Rules changes will include:
     revising the criteria for a sidewalk variance.
     establishing procedures for payment of the fee in lieu of sidewalk construction.
6/19/2011




  SUMMARY OF PROPOSED CHANGES TO SIDEWALK REQUIREMENTS

      Amend 25-6-351(B) to make waivers from sidewalk requirements administrative,
       rather than Commission-approved. The applicant would still have the option to
       appeal the Director’s decision to the Commission.

      Change the waiver criteria in the TCM (Table 4-3) so that staff would determine
       only whether sidewalks are justified based on land use, density, and proximity of
       pedestrian generators.

      Add a new section 25-6-352 (?) to require sidewalks at the time of building
       permits for new construction and for existing buildings relocated to a lot.

      Add a new section 25-6-353 (?) to allow for a payment in lieu of construction of
       sidewalks if the Director determines that sidewalks are required but construction
       is impractical because:

            o There are no existing sidewalks in the vicinity and it is unlikely that there
              will be additional development nearby which will require the construction
              of additional sidewalks.
            o Construction of sidewalks would require the removal of protected trees or
              other major obstructions within the right-of-way.
            o A stormwater drainage ditch or similar public utility facility prevents the
              construction of a sidewalk, and neither the sidewalk nor the facility can be
              reasonably relocated to accommodate both the facility and the sidewalk.
            o Topography would require the construction of retaining walls more than 2
              feet high to accommodate a sidewalk.
            o Other unusual circumstances exist that make the construction of sidewalks
              unreasonable or inappropriate.

      Add a new TCM section 4.2.6 to include criteria for payment in lieu of
       construction, including:

            o Calculation of fees
            o Service area boundaries for expenditure of funds