13 - Update Subdivision Regulations Establishing Requirements for Pedestrian SidewalksItem No. 13
TO: Mayor & City Council
John Godwin, City Manager
FROM: Carla Easton, PE, City Engineer
SUBJECT: REGULATIONS FOR SIDEWALK CONSTRUCTION
DATE: May 7, 2019
BACKGROUND: Sidewalks are an integral part of a transportation network. They provide for
safe pedestrian travel from residential neighborhoods to retail and service areas, parks and
entertainment districts. Many of the oldest neighborhoods in Paris have sidewalks, although
many are severely damaged, buried, or missing. While sidewalks should be constructed with all
new subdivisions, it is not included as a requirement in the subdivision regulations, so most
neighborhoods built in the last 50 years do not have sidewalks.
In 2016, the City developed an ADA Self -Evaluation and Transition Plan (which is a federal
requirement) to identify areas of non-compliance with the Americans with Disabilities Act and to
provide an action plan for coming into compliance. The plan recommends the adoption of
minimum standards for pedestrian facilities with all development and redevelopment within the
city.
Section 15 of the 2018 Comprehensive Plan Update also acknowledges the need for sidewalk
requirements, and includes the following recommendations:
15.11 Provide for sidewalks in all new development projects so as to ensure compliance
with ADA standards and the city's approved ADA Transition Plan.
15.29 Require construction of sidewalks on at least one side of all residential subdivisions
(adding the requirement to the subdivision regulations), or where there are existing
sidewalks replace all that are not ADA -compliant.
15.31 Require grass or planting strips between curbs and sidewalks.
STATUS OF ISSUE: Staff is proposing to amend the subdivision regulations with requirements
for the construction of sidewalks with all new development and substantial redevelopment
projects. This is an important step for making Paris a more walkable city, as well as meeting the
federal mandate for cities to meet ADA standards.
On May 6h, the Planning and Zoning Commission recommended approval of the ordinance by a
vote of four to three.
RECOMMENDATION: Approve the proposed amendments to the subdivision regulations
regarding construction of sidewalks.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CITY ORDINANCE NO. 1315, SUBDIVISION REGULATIONS OF
THE CITY OF PARIS, AS HERETOFORE AMENDED, TO PROVIDE
REQUIREMENTS AND REGULATIONS FOR SIDEWALK CONSTRUCTION;
PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, by city Ordinance No. 1315, the City Council of the City of Paris enacted
a Subdivision Ordinance to regulate subdivision and development of land located inside the
corporate City limits and the extraterritorial jurisdiction of the City of Paris, Texas; and,
WHEREAS, these subdivision regulations have been updated and revised over the
years as state law has changed and development trends have evolved; and,
WHEREAS, said Ordinance 1315 as it - currently exists does not contain
requirements for or regulations regarding the construction of sidewalks in new and
substantially redeveloped subdivisions and
WHEREAS, in 2016, the City developed a Self -Evaluation and Transition Plan (the
"ADA Plan") in conformance with the requirements of the federal Americans With
Disabilities Act ("ADA") to identify areas of non-compliance with said Act and to provide an
action plan for coming into compliance with its requirements; and
WHEREAS, said ADA Plan recommends the adoption of minimum standards for
pedestrian facilities with all development and redevelopment within the City; and
WHEREAS, in 2018, City Council adopted a Comprehensive Plan Update (the "CPU"),
which CPU acknowledges the need for sidewalk requirements and includes
recommendations to provide for sidewalks in all new development projects so as to ensure
compliance with the ADA and the City's ADA Plan; to require construction of sidewalks on
at least one side of all residential subdivisions, or where there are existing sidewalks,
replace all sidewalks which are not ADA -compliant; and require grass or planting strips
between curbs and sidewalks; and
WHEREAS, at its May 6, 2019 meeting, after conducting a public hearing, the
Planning and Zoning Commission considered the regulations for sidewalk construction
contained herein and made formal recommendation to the City Council to approve the
requested amendments; and
WHEREAS, at the May 13, 2019 meeting of the Paris City Council, the City Council,
after conducting a public hearing, and having considered the recommendations of the
Planning and Zoning Commission and the testimony and evidence introduced at said public
hearing, found and determined that the proposed changes to the City's Subdivision
Ordinance, as set out below, are in the best interest of the city and its citizens and should be
approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That City Ordinance No. 1315, Section VIII, "General Requirements,"
Subsection F, "Minimum Improvements," subsection 1 shall be amended to add new
subsection (i) read as follows:
"(i) Sidewalks (an approved site plan showing placement and accommodation for
ADA compliant sidewalks will be required at time of platting, such that final
construction of the sidewalk may be completed by the builder on each lot at time
of site construction)."
Section 3. That City Ordinance No. 1315, Section IX, "Design of Improvements,"
shall be amended to add new Subsection J, "Sidewalks," to read as follows:
"J. Sidewalks. Reinforced concrete sidewalks having a width of not less than four feet (five
feet if next to curb) and thickness of not less than four inches shall be constructed on
both sides of the street within the subdivision. Sidewalks shall be constructed two feet
from the property line within the street right-of-way and shall extend along the street
frontage including the side or corner lots and block ends. The sidewalk shall be
constructed before the final building inspection by the city. A final inspection or
certificate of occupancy will not be issued until the sidewalk is in place. Sidewalks
along perimeter streets shall be installed prior to subdivision acceptance, unless
otherwise specified in a developer agreement.
(1) Provided in Residential & Nonresidential Areas. Sidewalks not less than four feet
(five feet if next to curb) shall be provided along both sides of newly constructed
streets.
(2) Provided with Reconstruction and Remodel Projects. Where a lot to be developed is
a previously platted lot and a new build or significant remodel affecting 50% of the
site occurs, a sidewalk shall be constructed/replaced along the street frontage of the
subject lot as part of the site improvements and in accordance with this ordinance.
(3) Provided in accordance with the City's Master Plan. All lots to be developed or
redeveloped shall include sidewalks and trails generally as identified in the adopted
Comprehensive Plan, and subject to approval by the community development
director or his/her designee.
(4) Grass or Landsca )e Buffer Required. All sidewalks shall be constructed to have a
grass or landscaped buffer between the street curb and the paved sidewalk. Where
a separation is not feasible due to terrain, obstructions, existing conditions or ADA
compliance, the city engineer or designee shall have authority to approve an
alternative design.
(5) ADA Com lip 'ance. All sidewalks shall be constructed in accordance with the Texas
Accessibility Standards, or the current adopted standards for Americans with
Disabilities Act (ADA) in the state of Texas. For non-residential projects, a
registered accessibility specialist shall provide documentation of compliance."
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 5. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section B. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above -enumerated sections shall constitute
and be deemed a separate offense.
Section 9. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED this the 13Th day of May, 2019.
Steven J. Clifford, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney