14 - Twelve Month hiatus in enforcement of requirement of constructing sidewalks on single lotsItem No. 14
TO: Mayor, Mayor Pro -Tem & City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP Director Planning & Community Development
SUBJECT: 12 Month Hiatus in the Enforcement of Requirements for Constructing
Sidewalks on Single Building Lots
DATE: August 9, 2021
BACKGROUND & DISCUSSION
At its meeting held on August 2, 2021 the Planning & Zoning Commission held a brief discussion
regarding the need to adopt a 12 month hiatus in the enforcement of requirements for constructing
sidewalks on single building lots. They were in full support of the pause on sidewalk requirements
given the extreme difficulty staff has experienced in the literal enforcement of this new
requirement. The regulation concerns identified by staff included, but are not limited to the
following:
• It leaves no room for flexibility or administrative interpretation of need
• It does not take into account the need to integrate new improvements into a larger
community -wide system
• It imposes a difficult to understand property or business owner improvement for
constructing a sidewalk to nowhere'
• It in most cases over the past year imposes substantial additional unplanned expenses into
a building project but agreed with reviewing these requirements for each new plat approval
that is brought through the approval process.
The Planning & Zoning Commission supported the adoption of this resolution, but agreed with the
staff recommendation to afford the ability for the Commission and Council to still require sidewalk
and trails where new public improvements, such as new street construction is involved.
Recommendation
Approval of the resolution adopting a 12 Month Hiatus in the Enforcement of Requirements for
Constructing Sidewalks on Single Building Lots is recommended.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING A TWELVE (12) MONTH HIATUS IN THE ENFORCEMENT OF
SUBDIVISION ORDINANCE CHAPTER 9, EXHIBIT A, SECTION IX (J)
REGARDING THE REQUIREMENT OF CONSTRUCTING SIDEWALKS ON
SINGLE LOTS; MAKING OTHER FINDINGS AND PROVISIONS AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Subdivision Ordinance Chapter 9, Exhibit A, Section IX (J). Sidewalks
reads as follows:
"J. $i gwa%s. 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 and NonresidgntiaLAreas. 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 Pro-iprt& 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) Pro rid9d in accordance with the City's Master Pl _n. 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 Landscape -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_ Gomliance. 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 nonresidential projects, a registered
accessibility specialist shall provide documentation of compliance;" and,
WHEREAS, the City Council of Paris Texas has received a recommendation from the
City Staff in response to difficulty in enforcing of these requirements for new or remodeled
building projects on single lots due to unreasonable financial impacts of the cost for such
improvements and a lack of reasonable connectivity to existing trails and sidewalks for a
majority of building permits over the past year; and
WHEREAS, there has been a further lack of understanding of the needed individual
lots associated with required sidewalk improvements in relation to a lack of an integrated
and clearly adopted trail and sidewalk master plan for the City; and
WHEREAS, the Planning & Zoning Commission has approved the creation of a sub-
committee to develop an update to the City's Comprehensive Plan with a Section on future
planning for a Master Trail and Sidewalk Plan for the Community.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS THAT:
SECTION 1. That the findings set out in the preamble of this resolution are hereby
approved.
SECTION 2. The City Council of Paris Texas Hereby approves a twelve (12) month
hiatus, which may be extended up to an additional six (6) months by approval of the council,
on the requirements of the Subdivision Ordinance Chapter 9, Exhibit A, Section IX (J).
Sidewalks whereby the installation of sidewalks along the entire frontage of a lot in
connection with building permits for individual lots will not be required prior to final
inspection and issuance of a Certificate of Occupancy. This requirement shall, however, still
apply to any new subdivision final plat approval whereby the City Council, upon
recommendation of the Planning & Zoning Commission, determines that the new
development shall bear the responsibility of such required sidewalk improvements.
PASSED AND APPROVED this 9th day of August, 2021.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney