DEVELOPMENT ON DIRT & GRAVEL AND SUBSTANDARD STREETS
Administrative Rule Adopted by Bureau of Transportation Pursuant to Rule-Making Authority
The Bureau of Transportation (PBOT) is underway with changing processes related to development and infrastructure.
That effort will create another tool for PBOT to use in conjunction with standard frontage improvements or other policy-based standards. The work will make the process more consistent, efficient, and transparent for both developers and neighborhoods to ensure that development occurs with the adequate transportation infrastructure to accommodate growth.
During the development of the new process, frontage improvement requirements for qualifying infill development on dirt & gravel and substandard streets shall be temporarily suspended.
These changes are in line with the effort to continue process improvements in public works permitting, specifically regarding the public works appeals process. 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.
A. From February 18, 2014 until the termination of this rule, certain development requirements in City Code Chapter 17.88 for frontage improvements are temporarily suspended.
B. Subject to City review and approval, this rule applies to a property with the following characteristics:
1. The property is not covered by the exceptions found in Administrative Rule TRN-1.22 - INFILL DEVELOPMENT ON STREETS WITH AN EXISTING SIDEWALK CORRIDOR;
2. The street on which the property is located is dirt or gravel or lacks standard transportation improvements, as determined by the City;
3. The entire block (or, for a corner property, blocks) on which the property is located does not have standard street improvements anywhere on the block defined as intersection to intersection on either side of the street;
4. The property is zoned single-family residential;
5. The street(s) in question are local service streets for all Transportation System Plan (TSP) modal designations;
6. The property is not located within a designated Pedestrian District.
7. No bus line is on the block;
8. No public schools or parks are within 0.25 mile radius of the block (intersection to intersection) upon which the property is located and a direct pedestrian connection can be made to these destinations;
9. The proposed development involves three or fewer existing lots;
10. The development is not triggering any land use review for transportation adequacies (for the purposes of this rule, Property Line Adjustments and Lot Confirmations are not considered Land Use reviews).
C. If a property meets all of the above characteristics, the following applies and the applicant shall be required to:
1. Execute street and stormwater waivers of remonstrance for the developing properties;
2. If street is dirt and/or gravel, grade and gravel street and obtain necessary permits with conditions as determined by the City after construction is completed;
3. Dedicate property for right-of-way to accommodate standard improvements as determined by the City; and
4. Comply with all other applicable City Code provisions, administrative rules, and policies.
D. If a property does not meet all the characteristics in Section II.B, the Alternative Review Committee may still consider alterations to or reduction of street improvement requirements under certain conditions such as, but not limited to, topography, dead-end roadways, and environmental zoning upon the request of the developer.
This rule is effective February 18, 2014. Applicants meeting all of the above requirements will be automatically encompassed by this rule.
This rule may be applied by PBOT staff at any time during the development process, including at the time of building plan review. This rule is intended to provide a timely review of development and to minimize permitting delays. Applicants under this rule must have applied prior to the effective termination date in writing and must stay current with the Bureau of Development Services on their building permit or applicant must reapply under the rules in effect at time of reapplication.
Once a determination has been made by PBOT staff, the Alternative Review Committee, Panel, or Board, this decision may allow determinations for other properties on the block after PBOT staff review. A block, for the purposes of this rule, includes both block faces from intersection to intersection.
This rule is temporary and is intended to expire with the adoption and implementation of a Local Transportation Infrastructure Fee or when earlier terminated. Upon implementation of a Local Transportation Infrastructure Fee, any building permit issued after implementation and adoption of an LTIF will be subject to the fee.
Pursuant to Rulemaking Authority under 3.12. Title 17.88
Adopted by Assistant Director of Bureau of Transportation February 18, 2014.
Filed for inclusion in PPD February 18, 2014.
Amended by Assistant Director of Bureau of Transportation June 15, 2015.