The URL can be used to link to this page

Sidewalk Arboretum Dr. Kivlahan ï5~ ~~~ MEMORANDUM November 8, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Kivlahan Farms LC. Sidewalk Letter (Arbor Estates) Kivlahan Farms, L.C., developer of Arbor Est,ates, has requested eliminating the requirement of installing sidewalks along one side of Arboretum Drive and 32nd Street. The developer claims most pedestrian traffic will use other streets in the subdivision to access the arboretum. According to the Subdivision Regulations, Section 42-20-(K) (1): "Sidewalks shall be required on all public street frontages." The sidewalk is to be installed by the owner of the lot, not the developer, once developed or within the timeframes provided in the Subdivision Regulations. City Code Section 42-24(e) requires the installation of sidewalk as part of the approval process for subdivisions in the City. Based on City Code Sections 42-20-(K)(1) and 42-24(e) and the recommendations of Acting Public Works Director/City Engineer Gus Psihoyos and Planning Services Manager Laura Carstens, the City Council is requested to require Kivlahan Farms, LC to install sidewalks on both sides of Arboretum Drive. I concur with the recommendation and respectfully request Mayor and City Council approval. fY/ikL1 ~ ¡1tvL- Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, Acting Public Works Director Laura Carstens, Planning Services Manager ï5~ ~~~ MEMORANDUM November 8,2004 TO: Michael C. Van Milligen, City Manager Gus Psihoyos, Acting Public Works Director ~. - . . Laura Carstens, Planning Services Manager~ SUBJECT: Kivlahan Farms LC. Sidewalk Letter (Arbor Estates) FROM: INTRODUCTION , The Engineering Department and the Planning Services Department recommend denial of the request to eliminate the requirement of installing sidewalk on the north and west sides of Arboretum Drive and 32nd Street to Honeysuckle Lane. (Lots 1 through 13 of Block 4 and Lots 1 and 2 Block 7) BACKGROUND Kivlahan Farms, LC., developer of Arbor Estates, has requested eliminating the requirement of installing sidewalks along one side of Arboretum Drive and 32nd Street. The developer claims most pedestrian traffic will use other streets in the subdivision to access the Arboretum. On March 18, 2002, City Council approved the final plat for Arbor Estates Phase I, consisting of portions of W. 32nd Street, John F. Kennedy Road, Arboretum Drive, Arrowwood Lane, Honeysuckle Lane and Bittersweet Lane. The plat includes approximately 35 lots. Additional phases continue this development to the north with an additional 91 residential lots and 12 duplexes. The developer has submitted the petition of owners having multiple frontages who are requesting eliminating sidewalks on their rear frontages. This would eliminate the requirement for 600 feet of sidewalk on the north side of 32nd Street and 1200 feet of sidewalk on the north and west side of Arboretum Drive. DISCUSSION Pursuant to the final plat and improvement plans approved by City Council for Arbor Estates, sidewalks are required along all public streets in the subdivision, including lots with multiple frontages. This requirement has been standard City policy for many years and is supported by the City's 2002 Comprehensive Plan and 1991 Subdivision Regulations. A copy of the provisions of the Comprehensive Plan that support pedestrian access is enclosed. According to the Subdivision Regulations, Section 42-20-(K) (1): "Sidewalks shall be required on all public street frontages". The sidewalk is to be installed by the owner of the lot, not the developer, once developed or within the timeframes provided in the Subdivision Regulations. City Code Section 42-24(e) requires the installation of sidewalk as part of the approval process for subdivisions in the City. RECOMMENDATION The Engineering Department and Planning Services Department recommend that sidewalks should be required on both sides of all public streets in Arbor Estates, including streets with multiple frontages to facilitate safe pedestrian access throughout the community. According to the Federal Highway Administration's (FHWA) Pedestrian Facilities User Guide: "Sidewalks on both sides of a street provide the greatest degree of comfort for pedestrians and the presence of sidewalks have been associated with increased safety for pedestrians." According to the U.S. Department of Transportation, two of the most common ways to increase the safety of pedestrians is to provide crosswalks and well- maintained walkways separate from vehicles. Research has shown that sites with no sidewalks are the most hazardous to pedestrians and sites with sidewalks on both sides of the street are least hazardous. Sidewalks are required to serve the general public, not just for residents of a subdivision. The Engineering Department uses the following factors to determine whether sidewalk installation is warranted: pedestrian attractions, vehicle traffic, developments, trees, grading and availability of right-of-way. The Engineering Department and the Planning Services Department believe that consistency on this issue is important since the City receives often requests for the removal as well as the installation of sidewalks along public streets. ACTION TO BE TAKEN Based on City Code Sections 42-20-(K)( 1) and 42-24( e) and the recommendations of the Engineering and Planning Services Departments, the City Council is requested to deny the August 31, 2004 request of Kivlahan Farms, LC and property owners in the Arbor Estates subdivision to eliminate the sidewalk requirement for Arbor Estates subdivision and to require Kivlahan Farms LC to install sidewalks on both sides of Arboretum Drive, as per Resolution No. 168-02 approving the Final Plat of Arbor Estates. Prepared by Ronald J. Turner, PLS cc: Barry Lindahl, Corporation Counsel Laura Carstens, Planning Services Kyle Kritz, Planning Services Jane Smith, Engineering Kelly Ambrosy, Engineering Ronald J. Turner, PLS -':"-\-3, SIDN, AND JF THE :ITY OF '-.tV) . .I;: '¥ \I~ b,:,'-; l:-.{..Jj[' : ¡:, - _u-----' '" ¡ - ..."",,"OOD ,,"" ". I i ~ r------u_u----------r ~ ~ ~:¡~,,';o~~::::~;s S::D:~'~\."".~tS ~~ . 1::i":;~!~~L;"~I::i'~D~oZ"",s ~~ ~¡~1j,~!;f'~:::~ .><:.<:. .>11<:'<:' leur / r Ul< CURVE AND LINE DATA tlLU1,,;1\. 0, ) LOTS A :t;;~:~~'" ."""",""-', '-,OK h1-!¡;,~~~r?'ii :7'35' E 31.0S'030,6') N OS"37'29" ,"'It. LOT , ARBOR ESTATES /""'.°3- OITT[RS\JEET LANE LOT D ".." :~:.., :lr:r..w.¡-;,r.., ,. .. , ~", ". 00 I 200 400 I .ALE IN FEET // /' -.-""',"-" ~O~....I cl.\.~\o'" of :5t c:I.wet '" ,...,. ..--,.-.. Ka"\,~.,, t.~M'" L.C. vJ~ø<¡ $-ú S r;Þ âJ (~f), ;:X; ,,'-,"1, "~, ' -.,u t~ // ~(','~- .." I KIVLAHAN FARMS,LC 4922 Wild Flower Dr. Dubuque, IA 52002 August 31, 2004 Honorable Mayor City Council Members As Developer and property to remove the requirement Arboretum Drive, and 32nd as the backside of Lots 1 Block 7. owners of Arbor Estates, we are asking for city sidewalks on the north side of street to Honeysuckle Lane. Also known thru 13 of Block 4, and Lots 1 and 2 of Condo residence .from the west would find it a natural to use BilTf-.e.Sf¡)¡,QT..... Arrowwood Lane to the Arboretum Gardens, not the north side of 32nd street and Arboretum Drive. Sidewalk traffic created from the south, (32nd st. and its surrounding neighborhood) would use the walks that are in place on the south of Arboretum Drive. We have installed sidewalk on the" city property, (Lot A of Block 1) to accommodate townhouse owners to their mailboxes, and will finish the sidewalk to Lot 2 of Block 1 this fall. In considering all of the above, we see sidewalk on one side of Aeboretum Dr. as adequate to handle walking traffic in this area, Please consider removing city sidewalks, for it has no use, only expense to install, and maintain. Thank You. Sincerel~ ß-iJ-,. ' .'-/ C;"i-4 /\-4.-;-,-~',rc, ',c Kivlahan Farms, LC and Property Owners Enclosed; Map Owners Signatures co r (/) r.;; =0 , ' -0.. -) -'-1 ? "il '0 ," þ ~~ è6 ~.. I. I y', ~(}/JJ'ooz..~-:c~t;, 'Z. /"/,,, ARBOR ,ESTA11ES JRDED FINAL PL:AT FOR LOT AND EASEMENT I INFORMATION -,"", .,. - S[E SHE[ T , or wi"! CU"V" AND L /N[ DA' A I .", ",," ""'~. ,~~ 5' " '"", \ \ ,'," I I i i """ i , ' ' \---- ',~--~ '-"' , ' ..".,~ -"", _._",.~, ~" ----,--=---, [.,ì'-¡',Í;i ~,,~>'; ~ ! ~W. ,- \'~ ' ~- ¡¡' ¡ :g~:~~;:~~~T:, ¡ ~..-~'.~::': --~/~ ,,~, '" yo, ."""," .' ,.." '" OOv, 'r> ""'~'"' "'""'00 , ------- - ¡ ï~.}7B¥i~f¡';rJJ~~¡r2~~":' .~::',"-, ~, '" ~~~if~:f~~:~~~{~~~~~~\:~:i;:~~~~:'::;' ! .-J Arbor Estates Ownership Block 4 Lot: :1(/'.' ~M XC KÞv-t /I }¡Ml /fdA.-ml1 '/J! 4 ;;{ZL ~ A;Æ ' 5 'j{ J ~~-P /J £, /X;h !JôJ¿w.¡, :)(1 , 6 * A/1;) á JIITAA ~.J :JJI 7 --K ÚI/-P fL.tIlIM 9IaJ>HMA 'J..~ 8 ~ ~¿----,' 1:(~~'X~ :: rJii3~ d'? MVl. 13 ~._,f J?4 .~ Block 7 Lot 1 ~ r?£L"~ 2 t9/Æ~ /!Þ4-<------ 3 1~€O./~ " )'-; ~ ' ~ '>, I \Q t"ì 2002 DUBUQUE COMPREHENSIVE PLAN Goals and Objectives that support pedestrian access LAND USE AND URBAN DESIGN GOALS 1. 1.3 1,6 8, 8,1 8,2 8.3 8.4 8.5 To protect and enhance the viability, livability and affordability of the city's residential neighborhoods while integrating multifamily development throughout the community, Connect and interrelate neighborhoods with greenbelts or other pathways, commercial nodes or public facilities, Provide neighborhood amenities throughout the community in an equitable manner. To provide physical accessibility throughout the city, Encourage and facilitate urban acces~ibility by walking, cycling and/or public transit as well as by auto. Encourage new development concepts that by design enable people to walk to work, school, day care, shopping and recreation. Facilitate, where possible, enhanced accessibility within existing development. Encourage the development of pathways that link the community together in a cohesive manner. Encourage the provision of access to persons with disabilities. TRANSPORTA nON GOALS 9, To establish improved hike and bike routes in the city to encourage alternative modes of transportation. Provide a more bicycle- and pedestrian-friendly transportation network. Encourage development patterns more compatible with non-motorized travel. 9.2 9.4 INFRASTRUCTURE GOALS 5. To provide for, maintain and improve safe, accessible public sidewalks and steps throughout the community, where possible. Maintain and improve the condition of public sidewalks, steps, walks and handrails, 5.1