Series 101 2000 ORDINANCES/RESOLUTIONS
Section 101-534 Policy Res. 135-00; Establishing a Policy on Requests for Variances to Subdivision Regulations RE: Construction of Sidewalks along Unimproved Streets
Council Bill No. PR 135-00
A POLICY RESOLUTION
establishing a policy on requests for variances to subdivision regulation requirements for
construction of sidewalks along unimproved streets.
WHEREAS, Chapter 25 of the City Code generally requires sidewalks to be constructed
both sides of all streets within a subdivision; and
WHEREAS, the City frequently receives requests for variances from these requirements
development occurs along unimproved streets which are not being constructed or reconstructed
as part of the subdivision; and
WHEREAS, the City is committed to assuring safe pedestrian accommodations throughout
City while recognizing that there are occasions when standard sidewalks are not appropriate at
the time of subdivision; and
WHEREAS, the City desires that there will be assurances that pedestrian facilities
properly constructed at the appropriate time without relieving the subdivider of the responsibility
for the cost of sidewalks; and
WHEREAS, the City Council deems it necessary to adopt a policy statement to
serve as a
guide in reviewing and acting on requests for variances for sidewalks along unimproved streets
in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA,
MISSOURI, AS FOLLOWS:
SECTION 1. The City shall review each request for a sidewalk variance
along an unimproved
street in the context that the public safety and welfare make it desirable to encourage pedestrian
movement by providing safe walkways and sidewalks away from traffic lanes of streets.
SECTION 2. The City shall determine whether a sidewalk or walkway at the
location of the
variance request will serve to further the goals of the City in providing those pedestrian
accommodations in the immediate or near future.
SECTION 3. In making a determination of the need for a sidewalk or walkway
at the location
of the variance request, the City shall consider but not be limited to the following factors:
a. Parks, schools or other pedestrian generators on either
side of the development for which a
sidewalk or walkway would provide immediate or near future access;
b. The existence of sidewalks or walkways that would
connect with a pedestrian walkway
along the development;
c. The density of existing development in the immediate
area that would have an immediate
use for the sidewalk or walkway;
d. Whether the adjacent street is scheduled for reconstruction
in the Citys CIP within a 5
year time frame;
e. Whether the terrain is such that sidewalks or walkways
are physically feasible;
f. The extent of which trees, ground cover and natural
areas would be impacted by sidewalks
SECTION 4. If the City finds that in the interest of public safety and
welfare there is an
immediate or near future need for a sidewalk or walkway at the location of the variance request,
the City will approve the variance request only if an alternative walkway is provided.
SECTION 5. Alternative walkways are defined as all weather pedestrian
in accordance with plans and specifications approved by the Public Works Department.
Alternative walkways may deviate in vertical and horizontal separation from the roadway in
order to take advantage of natural contours and minimize the disturbance to trees and natural
areas but must meet all requirements for handicap accessibility. Alternative walkways must be
located on public easements but a walkway easement may be conditioned that if the walkways
are no longer needed for a public purpose, the walkway easements will be vacated.
SECTION 6. When alternative walkways are permitted, plans, specifications
must be submitted prior to approval of the final plat abutting the unimproved street and
construction must occur prior to the first certificate of occupancy within the platted area.
SECTION 7. If the City finds that there is not an immediate or near future
need for a sidewalk
or walkway at the location of the variance request, the City will approve the variance request
only if a development agreement is entered into between the property owner and the City which
provides that the owner shall pay to the City an amount equivalent to the cost of construction of a
conventional sidewalk. The City Manager is authorized to execute such agreements on behalf of
SECTION 8. The equivalent cost of construction of a conventional
sidewalk shall be defined
as the Citys average cost of constructing portland cement concrete sidewalks by public bid
during the two (2) calendar years prior to the year in which the variance request is submitted.
SECTION 9. Payment of the equivalent cost of a conventional sidewalk shall
a. prior to approval of the first final plat when the
variance is approved in connection with a
b. prior to issuance of the first building permit when
approved with a final plat or planned
development where no variance request has been made with the preliminary plat; or
c. prior to issuance of the certificate of occupancy
when variance requests are approved on
individual lots where final plats have been approved without variance request.
SECTION 10. In all cases, when alternative walkways or development agreements
approved as fulfilling the subdivision requirements for construction of sidewalks, the action of
Council shall be noted on a final plat of the properties affected. In cases where final plats
been previously approved, re-platting will be required.
ADOPTED this 2nd day of October, 2000.