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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