§ 88-405-10. STREETS

88-405-10-A. TRAFFIC MOVEMENT AND PEDESTRIAN CIRCULATION PRINCIPLES

The street and pedestrian circulation layout for all new subdivisions must conform to the arrangement, width and location indicated on the major street plan, comprehensive plan, the walkability plan, or approved area plan. Street and pedestrian circulation systems must be laid out and designed with due regard for topography and drainage and to:

1.

create an integrated system of lots, streets, trails, and infrastructure that provides for efficient movement of pedestrians, bicycles, and automobiles within the subdivision and to and from adjacent development;

2.

provide for the efficient movement of through traffic by providing an interconnected hierarchy of streets in order to avoid isolation of residential areas and over-reliance on major roads;

3.

provide safe and attractive pedestrian routes to nearby commercial centers, as well as nearby public/civic, employment, and recreation uses; and

4.

be uncomplicated, so that emergency services, public services, and visitors can find their way to their intended destinations.

88-405-10-B. CONNECTIONS TO ABUTTING PROPERTY

1.

A network of interconnected streets is intended to:

(a)

provide safe, convenient, and efficient means of access to lots;

(b)

promote orderly development patterns;

(c)

facilitate the effective and efficient provision of emergency and public services; and

(d)

avoid degradation of traffic carrying capacity on the major street network.

2.

Streets in new subdivisions must connect with dedicated streets in adjacent subdivisions and provide for future extension of streets into adjacent areas that are likely to be developed in the future. Waivers to street connection requirements may be approved in accordance with 88-405-25 if topography, sensitive natural resources or other physical constraints make such connections undesirable or impractical.

3.

Streets proposed for future extension ("stub streets") must be terminated with temporary turnarounds when the stub street extends 150 feet or more from the nearest intersecting street right-of-way or when more than one lot will have access solely from the stub street. Stub streets are subject to the maximum cul-de-sac length standard of 88-405-10-C.

4.

Temporary turnarounds must be constructed in accordance with the city's Standards, Specifications, and Design Criteria. Unless otherwise expressly approved they must be located on (off-site) adjacent property. An off-site temporary roadway easement is required and evidence of such a recorded easement must be submitted at the time of application for permit. If the developer owns the off-site property, the temporary roadway easement may be recorded simultaneously with the final plat for the subject property.

5.

If providing a temporary turnaround on (off-site) adjacent property is not practical or the developer is not able to obtain the required off-site temporary easement, the city planning and development director may approve one of the following options:

(a)

elimination of the off-site temporary turnaround in lieu of an on-site permanent concentric bubble right-of-way curbed turn-around centered on the extending street centerline prior to the termination point of the street extension (minimum lot sizes, dimensions, and setbacks must be maintained for lots fronting on the turn-around right-of-way); or

(b)

provision of an on-site, non-concentric bubble temporary turn-around on one or more lots and provision of a temporary easement encumbrance over the entire lot or lots affected by the turn-around. If a portion of a lot is encumbered by the turn-around, the entire lot must be covered by the easement without exception. The easement will be retained until the street is extended in a subsequent phase or plat, the temporary turn-around is removed, all permanent street improvements are completed and accepted across the lot or lots, thus eliminating the need for the temporary turn-around and easement.

6.

The developer must post a sign at the terminus of all stub streets indicating that the stub street is intended to be opened to through traffic when the adjacent property is developed. The sign must state "FUTURE THROUGH STREET. TO BE CONNECTED WHEN ABUTTING PROPERTY DEVELOPS." The city may provide specifications for required signs.

88-405-10-C. CUL-DE-SACS

1.

Cul-de-sacs streets may not exceed 600 feet in length unless otherwise expressly approved by the city planning and development director or city plan commission. In no event may a cul-de-sac street be approved that exceeds 1,320 feet in length or that serves more than 20 dwelling units. The length of a cul-de-sac street is measured from the center point of its turnaround, along the centerline of its right-of-way to the nearest edge of the right-of-way of the nearest intersecting street.

2.

A pedestrian access easement must be provided to connect from the terminus of the cul-de-sac streets with existing or reasonably anticipated future streets, schools, shopping areas, parks, trails, open spaces, transit stops and similar areas. The city planning and development director is authorized to waive this pedestrian access easement requirement when a pedestrian connection is deemed impractical or will not serve the intended purpose of providing safe and convenient non-motorized transportation access to such areas.

3.

Turnarounds at the end of cul-de-sac streets must be constructed in accordance with the city's Standards, Specifications, and Design Criteria.

88-405-10-D. INTERSECTIONS

1.

Streets must intersect each other at right angles unless otherwise dictated by pedestrian and vehicle safety, topography, or other factors of environmentally sensitive site design.

2.

Intersection radii must comply with the city's Standards, Specifications, and Design Criteria, provided that the city planning and development director may require a greater or reduced radius when anticipated traffic or roadway and intersection improvements warrant.

88-405-10-E. RIGHT-OF-WAY WIDTH

Proposed streets must have a right-of-way width that will safely accommodate the transportation (vehicular, pedestrian, and bicycle) improvements and street cross-sections needed to provide appropriate, safe, and adequate access to the subject development, in accordance with the city's Standards, Specifications, and Design Criteria.

88-405-10-F. CROSS-SECTION DESIGN

1.

DESCRIPTION

Street cross-sections are comprised of the following 3 major components: (1) finished street; (2) pedestrian zone; and (3) optional boulevard treatment. Varying the design of these components allows for implementation of a context-sensitive street network and enables transportation designs that better relate to differences in environmental conditions and land use/development patterns.

(a)

FINISHED STREET

The finished street component of a street cross-section is the portion of the right-of-way comprised of the paved street from curb to curb, or edge to edge where curb and gutter is not provided. The finished street includes the following elements:

(1)

vehicle travel lanes;

(2)

on-street parking, where applicable;

(3)

turn lanes, where necessary;

(4)

on-street bicycle facilities, where applicable; and

(5)

finished street edge (e.g., curb/gutter, swale/ditch, shoulder, and street lighting.)

(b)

PEDESTRIAN ZONE

The pedestrian zone component of a street cross-section is the portion of the right-of-way that primarily accommodates pedestrian movement and buffers pedestrians and adjacent land uses from moving vehicles on the finished street. The pedestrian zone includes the following elements:

(1)

pedestrian facility (e.g., sidewalk or trail), providing dedicated areas for pedestrian travel along streets;

(2)

amenity/buffer area (e.g., tree lawn, vegetated natural buffer, expanded sidewalk), providing separation of pedestrians from moving vehicle lanes and providing a landscape amenity or occasionally street furniture along the street; and

(3)

off-street bicycle facilities (optional), providing dedicated or shared off-street bicycle facilities along bike routes in areas where on-street facilities would be inappropriate or impractical.

(c)

BOULEVARD TREATMENT

The boulevard treatment is an optional component of a street cross-section that includes a landscaped median as the focal point of the street and may include additional design elements such as frontage access lanes (i.e., "slip roads"), buffer strips, and parking.

2.

REQUIRED IMPROVEMENTS

Street cross-sections must be designed and constructed in accordance with adopted public works standards or plans found to be in general compliance with this ordinance during the subdivision approval process.

88-405-10-G. GRADES

Street grades must provide safe and convenient traffic conditions while avoiding excessive grading and unnecessary removal of ground cover and tree growth. Street grades must comply with the city's Standards, Specifications, and Design Criteria.

88-405-10-H. VERTICAL CURVATURE

All changes in street grade must be connected by vertical curves and be designed for safe stopping sight distances and safe sight distance at the entrance to subdivisions, in accordance with the city's Standards, Specifications, and Design Criteria. The development review committee is authorized to require that applicants submit a sight distance analysis at the time of preliminary subdivision plat review.

88-405-10-I. HORIZONTAL CURVATURE

The required centerline radius of horizontal curves must be based on engineering considerations of topography, length of street, number of curves and other factors, as determined by the director of public works. Horizontal curves on arterial streets must be designed in accordance with the city's Standards, Specifications, and Design Criteria.

88-405-10-J. ALLEYS

Alleys and service lanes are permitted and encouraged within new subdivisions. Alleys, whether public or private, must comply with the department of public works' Standards, Specifications, and Design Criteria or plans found to be in general compliance with this ordinance during the subdivision approval process. Dead-end alleys are prohibited.

88-405-10-K. HALF STREETS

Where an existing dedicated or platted half street is adjacent to the tract being subdivided, the other half of the street right-of-way must be dedicated by the subdivider in conformance with the requirements of the major street plan. Half street dedications for minor or access streets are not permitted unless there is satisfactory agreement with the city that both adjacent developers agree to dedicate and construct one-half of the street.

88-405-10-L. STREET NAMES

Street names must be assigned by the street naming committee at the time of preliminary plat approval. The developer must submit a street name sign plan with the preliminary plat submittal. The street name sign plan must be drawn at a readable scale that shows the proposed street layout with proposed names, perimeter streets and street names, lot lines, and proposed street name sign locations, with a note stating the names to be put on each sign. The sign locations, size, and message must comply with department of public works' "Specifications for Fabricating and Installing Street Name Signs."

88-405-10-M. BOULEVARD AND PARKWAY DESIGN STANDARDS

Construction of any street that has been designated as a boulevard or parkway on the major street plan, or a park under the jurisdiction of the board of parks and recreation commissioners must conform to the design standards that have been adopted and approved by the city council as part of the Boulevard and Parkway Standards.

88-405-10-N. SUBORDINATION AGREEMENTS

1.

PURPOSE

The city requires that street rights-of-way dedicated to the public be and remain available for access to individual properties and to other streets and roadways. In order to ensure that the rights of the public to the use of street right-of-way will not be infringed upon, this section requires that any utility or other easement be subordinate to the rights of the public in the street right-of-way, except as otherwise expressly stated.

2.

CONTENTS OF SUBORDINATION AGREEMENT

(a)

In the case of a dedication of right-of-way that involves dedication over a pre-existing utility easement before the dedication of the right-of-way to the city, a subordination agreement must include an agreement by the easement holder to subordinate its easement to the city's public right-of-way subject to the rights of the easement holder to be reimbursed if future improvements to the right-of-way require the relocation or adjustment of the utility's facilities located within the easement or cause conditions that constructively require the relocation or adjustment of the utility's facilities located within the easement. Agreements that include the following provisions are acceptable to the city:

(1)

The city agrees that utility's obligation to relocate is dependent upon the city providing the utility with an easement for the relocation; and

(2)

The city agrees that if future improvements to the right-of-way require the relocation or modification or other adjustment of the utility's facilities located in the easement, the city will not require the utility to pay the cost of relocating, modifying, or adjusting its facilities. In those cases, the agreement must also provide that if the utility's future improvement, reconstruction, or maintenance of its facilities located in the easement damages the right-of-way, the utility will repair or replace the existing right-of-way in accordance with city standards in effect on the date of damage. Notwithstanding anything contained herein to the contrary, should the improvements set forth in the construction plan or plans for improvements required by the final plat within the new right-of-way require the relocation or other adjustment of the utility's facilities located in the easement or cause conditions that constructively require the relocation or adjustment of the utility's facilities located within the easement, the developer will be responsible for all costs associated with relocating, modifying, or adjusting in any way the utility's facilities, including easement acquisition costs, associated with the improvements.

(b)

In the case of a dedication of right-of-way to the city that involves a utility easement that was recorded after the site or development plan, or preliminary plat, whichever occurs earlier, was submitted for approval, a subordination agreement must include the agreement by the easement holder to subordinate its easement to the city's public right-of-way without a requirement for the easement holder to be reimbursed if it is required to relocate its existing facilities located within the easement. The agreement must also provide that if the utility's future improvement, reconstruction or maintenance of its facilities located in the easement damages the right-of-way, the utility will repair or replace the existing right-of-way in accordance with city standards in effect on the date of damage. Notwithstanding anything contained herein to the contrary, this subsection will not apply to situations where the developer granted the utility easement before January 1, 2011 or where the utility easement was provided to the utility company under condemnation or the threat of condemnation; in those situations, the subordination agreement as required in subsection 2(a) will be acceptable.

3.

EXCEPTION REQUESTS

In the case of special circumstances where a developer is unable to obtain the subordination from the easement holder or is unable to obtain the form of the subordination agreement as required in subsection 2, a developer may request at the time of final plat approval by the city council an exception to the requirement for the subordination of the easement or to the form of the required subordination agreement as delineated above in subsection 2. This request may be approved by the city council in consideration of all of the following information:

(a)

the utility or easement holder consents to the dedication of the right-of-way over its easement;

(b)

the date the utility obtained the easement and a copy of the easement;

(c)

the name of the entity that granted the easement to the utility;

(d)

a description of the facilities located in the easement; and

(e)

an explanation of the steps taken by the applicant to minimize the crossings of the streets with the utility easements;

(f)

the efforts made by the developer to obtain the subordination from the easement holder or to the obtain the subordination agreement in the form delineated in subsection 2 from the easement holder; and

(g)

the city council may require the developer to submit additional information to support its request, including an estimate from the utility of how much it would cost to relocate the facilities located in the easement and an explanation of the likelihood that future improvements to the right-of-way will require a relocation or adjust to the utilities' facilities.

4.

GRANT OF EXCEPTION

In reviewing the request for an exception to the requirement for subordination of the easement or for the use of a subordination agreement in a form other than as provided in subsection 2, the city council may consider all of the following:

(a)

that there are special circumstances or conditions affecting the property that were not caused by the developer;

(b)

that approval of the plat without the subordination or without the form required by subsection 2 is necessary for reasonable and acceptable development of the property in question, taking into account whether there is another solution, feasible for the developer to pursue, that would induce the holder of the easement to subordinate its easement to the city's new right-of-way in conformance with subsection 2; and

(c)

that approval of the exception to the requirement for a subordination or for a form that conforms to the requirements of subsection 2 will not be detrimental to the public welfare, taking into account whether the potential financial burden to the city is outweighed by the benefit of the new development.

(Ord. No. 120697, § 1, 8-23-2012; Ord. No. 120783, § 1, 10-4-2012)