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06 Prelim. Plat - Beezley MEMORANDUM TO: Mayor and City Council Planning and Zoning Commission FROM: Shawn Napier, P.~V~ City Engineer /(ffl ~ DATE: June 2, 2003 SUBJECT: Beezley Estates, Block A, Lots 14 I have reviewed the preliminary plat of the above referenced addition. It appears that the preliminary plat complies with the City of Paris subdivision regulations with the following exception. 1. In the Subdivision Regulations of the Code of Ordinance under section vm. A. Curb and Gutter Curb and gutter shall be constructed monolithic with the concrete pavement in accordance with section 29-57 of the City of Paris Code of Ordinances. It shall be constructed along both sides of all streets and avenues within the subdivision and along the subdivision's side of all boundary streets, The cost of this work will not be subject to any participating aid by the City. Under this section the developer is required to construct curb and gutter along 36th St. N.E. The thoroughfare plan shows 36~h St. N.E. to be a collector level roadway, which calls for a 39-feet wide section of pavement and curb and gutter. The existing roadway is approximately 21-feet wide. The curb and gutter would be 9-feet from the pavement edge and also cover the existing drainage ditch, making it impractical. The existing neighboring subdivisions have not installed curb and gutter on 36th St. N.E or put money in escrow with the City of Paris for curb and gutter. Where curb and gutter cannot be constructed the developer is typically required to do a guarantee of construction before the final plat is filed. This would require the developer to deposit a check or cash with the City of Paris until the curb and gutter is constructed by the developer, in which case the money would be returned to the developer. If the developer did not construct the curb and gutter in seven years the money would be deposited into a City of Paris account. The following section of the Code of Ordinance addresses what action can be taken by the Planning and Zoning Commission and the City Council. Section XVI. Changes and Variations. A) These rules and regulations are the standard requirements of the City of Paris. B) A suspension of any of these rules and regulations may be recommended by the commission, upon a showing that there are special circumstances or conditions affecting the property in question; that enforcement of the provisions of this ordinance will deprive the applicant of a substantial property right; and that such suspension, if granted, will not be materially detrimental to the public welfare or injurious to other property or property rights in the vicinity. Upon recommendation of a suspension of any of these rules and regulations by the commission the city council may upon finding that there are special circumstances or conditions effecting [affecting] the property in question; that enforcement of the provisions of this ordinance will deprive the applicant of a substantial property right; and that such suspension, if granted, will not be materially detrimental to the public welfare or injurious to other property or property rights in the vicinity, grant a suspension of any of these rules and regulations. I recommend that the Planning and Zoning Commission and the City Council grant a variance: the location of the proposed curb and gutter could be a traftie hazard and drainage issue. The existing ditch line would have to transition to a curb and gutter section and then back to a ditch. This would cause a water ponding problem on the upstream side of the ditch. The section of curb and gutter, if constructed would be the only curb and gutter section on 36th Street N.E. until you get to Reno Street. The guarantee of construction portion of the Code of Ordinance requires that the developer put up money in lieu of actually completing the construction work. This assumes that the developer will come back and complete the work within a seven-year period. The developer in this ease does not want to construct the curb and gutter. cc: Michael E. Malone, City Manager Larry W. Schenk, City Attorney Steve Methven, Building Official Jim Nelson, R.P.L.S., Nelson Surveying Co. Mike & Betty Beezley