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TRN-1.22 - Infill Development on Streets with an Existing Sidewalk Corridor


Administrative Rule Adopted by Bureau of Transportation Pursuant to Rule-Making Authority



I.  Background


This rule is in line with the effort for continued process improvements in public works permitting, specifically regarding public works appeals. In addition to 17.06, 17.040, and the Public Works Appeals Board, a public works administrative appeal committee was formed December 1, 2011. The committee’s role has changed, as of February 1, 2014, to make the final determination on an application before appeal. The committee has been renamed the Alternative Review Committee. The committee is expanding the criteria for administrative exceptions granted to include commonly approved appeals after a review of one year of appeals.


II.  Rule


Effective February 10, 2014, properties meeting all of the following shall be granted an administrative exception in lieu of meeting TRN-1.09 for pedestrian corridor design configuration:


1) Zoned single family residential R-1, R-2, R-2.5, R-3, R-5, R-7, R-10, R-20, RF, or any Industrial zone;


2) Existing separated sidewalk width is built no less than 1-foot of the pedestrian through zone standard width identified in the City’s TRN-1.09 within the property’s public right of way frontage; or in the case of a curb tight sidewalk configuration the sidewalk width is a minimum of 6-feet and utility poles are located behind sidewalk;


3) The existing furnishing zone (including the curb) is at least 3-feet wide or where a minimum 6-foot width curb tight sidewalk exists and there are no current furnishings within the sidewalk;


4) The sidewalk corridor (curb, furnishing zone, sidewalk and frontage zone) is the same configuration the full length of the block (intersection to intersection) along the side of the street upon which the property is located;


5) Is not located within a designated Pedestrian District or in an area with a City Council adopted street plan;


If 1-5 above are all met the existing sidewalk configuration will be accepted as the standard sidewalk configuration for the block length. No additional right of way dedication will be required as a condition of development provided no fences or walls are located closer than 1-foot from the back of sidewalk. Properties on corner lots shall have frontages evaluated independent of this rule.


Special Considerations


A.  Single-Family Replacements:


An existing single-family home may be replaced with a new single-family home without triggering right-of-way dedications consistent with all of the following:


1) The new home is subject to permit requirements needed to accommodate new construction (i.e. driveway construction permits);


2) The new home is on a lot that cannot be further subdivided and/or permit additional single-family dwellings to be constructed.


As determined by the Bureau Director of Transportation, improvements may be required within the existing right-or-way in order to connect to and be consistent with immediately adjacent properties.


B.  Flag Lots:


As determined by the Bureau Director of Transportation, standard frontage improvements for residential development on existing flag lots with a pole width of less than 25-feet may not be required where frontage improvements do not meet current standards on the lot immediately adjacent to the pole and there is not an established curb/sidewalk pattern along the block that meet conditions 1-5 above.


C.  Planned Unit Developments (PUD’s):


New single-family homes on vacant lots within existing PUD’s in which at least 90% of the homes have been built may be constructed with improvements consistent with the established improvements within the development in lieu of standard frontage requirements.


The applicant is responsible for documenting the 90% development threshold to the satisfaction of PBOT Staff.


D.  Existing Sidewalk Corridors:


Properties with existing sidewalk configurations that exceed current corridor requirements will be accepted as the standard sidewalk configuration for the property and will not require modification.


III.  Discussion


This rule may be applied at time of building plan review with an administrative exception granted. This rule is intended to provide a timely review of development and to minimize permitting delays.




III.  Reference


Pursuant to Rulemaking Authority under 3.12.


Title 17.88




Adopted by Director of Bureau of Transportation April 12, 2013.

Filed for inclusion in PPD April 12, 2013.

Amended by Assistant Director of Bureau of Transportation February 11, 2014.