SUBJECT: Inter- and Intra-connectivity Guidelines and Ordinance

Transcription

1 City of Sanibel Planning Department MEMORANDUM DATE: March 11, 2014 TO: Sanibel Planning Commission FROM: James C. Jordan, Jr., Director of Planning SUBJECT: Inter- and Intra-connectivity Guidelines and Ordinance The Planning Department submits the following documents tor the Planning Commission s consideration and recommendations prion to forwarding these items to City Council for their action. Inter- and intra-connectivity Interpretive Guidelines; Draft Ordinance amending the Land Development Code by adding a new section titled Inter- and Intra-connectivity; Draft Cross Easement Agreement for intra-connectivity; and New Development Permit Application for inter- and intra-connectivity Recommendation The Planning Department recommends the Planning Commission finds that, as part of the City s Commercial Redevelopment Work Plan, inter- and intra-connectivity is now complete and is ready to be forwarded to City Council. With the transmittal of these items to City Council the Department will also include the Planning Commission s recommendation that a one year progress report be prepared after the adoption date of the Ordinance. K:\planning\PLANNING COMMISSION\2014 Planning Commission Meetings\ PC Mtg \Inter- and Intra-connectivity Interpretive Guidelines - Memo Attachments\PlanningMemo_Inter-and Intra-connectivity.docx

2 Attachment A Planning Department Memo Inter-/Intra-Connectivity March 11, 2014 INTER- AND INTRA-CONNECTIVITY INTERPRETIVE GUIDELINES Prepared by: The City of Sanibel Planning Department March 6, 2014

3 INTER- AND INTRA-CONNECTIVITY INTERPRETIVE GUIDELINES Introduction One of the City Councils goals adopted for the fiscal year of was to conduct a redevelopment work plan study for the for the City s Commercial District. The intent of this study focuses upon the examination of potential Land Development Code amendments that would ensure and maintain the future success and stability of the City s Commercial District. One key element coming out of this study was the development of specific guidelines to assist property owners with the installation of Inter- and Intra-connectivity paths that would provide both pedestrian and bicycle ingress and egress to the City s Shared Use Path system and between adjacent properties and land uses. Herein, Inter-connectivity and Intra-connectivity shall be defined to mean the following: Inter-connectivity: Pedestrian and bicycle connections to the shared use path system Intent The goals of these interpretive guidelines for Inter- and Intra-connectivity are as follows: To remain consistent with the goals, objectives and policies of the Sanibel Plan. To build upon the success of the shared use path system. To ensure pedestrian, bicyclists and motorist safety by providing unobstructed sight lines at points of ingress and egress. To mitigate vehicular traffic volumes by continuing to promote walking and bicycling. To improve safety by eliminating conflict points between automobiles and pedestrians and bicyclists. To enhance pedestrian and bicyclist access to properties within the commercial district. To encourage opportunities for shared parking, thus reducing the need for large parking lots. Intra-connectivity: Pedestrian and bicycle connections between adjacent properties. This document is intended to serve as a guide to aid interested property owners and other similar entities with the permitting and installation of Inter and Intraconnectivity paths for pedestrian and bicycle use. 1 P A G E

4 INTER- AND INTRA-CONNECTIVITY INTERPRETIVE GUIDELINES Width Figure 1: Width The width of Inter- and Intra-connection paths should be a minimum of three (3) feet, or the minimum width standard as defined in the ADA Accessibility Guidelines (ADAAG), and a maximum of six (6) feet, as measured from the outside edges of the Inter- or Intra-connection path (See Figure 1). Surface Materials The surface materials utilized in the construction and installation of Inter and Intra-connection paths may consist of any the following or similar substances: Asphalt Concrete Wood Pavers Gravel Stone Shell 2 P A G E

5 INTER- AND INTRA-CONNECTIVITY INTERPRETIVE GUIDELINES Vertical Clearance Figure 2: Vertical Clearance The recommended vertical clearance provided and maintained for pedestrian and bicycle use should be no higher than eight (8) feet, as measured from the surface area of the Inter- or Intra-connection path up to the lowest elevation of the nearest overhead obstruction (See Figure 2). Number There are not a recommended number of Interor Intra-connection paths that a property may provide; however, the number of paths should be the minimum reasonably necessary to provide safe pedestrian and bicycle ingress and egress to either the shared use path or between one property and another. 3 P A G E

6 INTER- AND INTRA-CONNECTIVITY INTERPRETIVE GUIDELINES Location Figure 3: Driveway Separation The actual location of all Inter- or Intraconnection paths should be situated to ensure the safe and efficient circulation and movement of pedestrians and bicyclists both on and off-site. Driveway Separation There should be sufficient separation established between existing driveways used to provide vehicular ingress and egress to a property and Inter- and Intra-connection paths (See Figure 3). 4 P A G E

7 INTER- AND INTRA-CONNECTIVITY INTERPRETIVE GUIDELINES Obstructions The point at which an Inter- and Intraconnection path enters property should not lead pedestrians or bicyclists into an off-street parking space, loading area or other areas where there is a conflict with vehicular parking, movement or ingress/egress. (See Figure 4). Figure 4: Unobstructed Entry 5 P A G E

8 INTER- AND INTRA-CONNECTIVITY INTERPRETIVE GUIDELINES Visibility In order to ensure the safety of pedestrians, bicyclists and motorists alike, unobstructed visibility should be taken into consideration when installing Inter- and Intra-connection paths. Figure 5: Delineated Pedestrian and Bicycle Lane Pedestrian and Bicycle Lanes Parking lots with a hard surface, such as asphalt, concrete or pavers, are encouraged to properly delineate all pedestrian and bicycle lanes, with surface striping or marking. Such striping or markings should begin at the ingress/egress point of the Inter- or Intra-connection path onto the property (See Figure 5). 6 P A G E

9 INTER- AND INTRA-CONNECTIVITY INTERPRETIVE GUIDELINES Line of Sight It is recommended that Inter-connection paths meet the requirements for traffic visibility at driveway intersections standards from Section of the Sanibel Code (See Figure 6). As applied to Inter-connection paths, it is recommended: Figure 6: Inter-connection Sight Triangle The establishment of a sight triangle formed by the point of intersection of the lines established by the edge of the interconnection and the edge of the shared use path or parking lot and the points on each such lines 15 feet from the point of the intersection. No structure, including street graphic, vegetation or other visual obstruction may intrude at a height of between 30 inches and 60 inches above ground level within this sight triangle. Due to the nature of Intra-connection paths, adhering to the traffic visibility at driveway intersections standards may not always be practical; therefore, it is recommended that a clear sightline devoid of visual obstructions be provided to the extent possible. 7 P A G E

10 INTER- AND INTRA-CONNECTIVITY INTERPRETIVE GUIDELINES Design Inter- and Intraconnection paths should be clearly delineated. Inter-connection paths should be installed perpendicular to the shared use path to the extent possible and a hard surfaced apron, designed to accommodate the turning movements of bicycles, should be installed where the Inter-connection path abuts the shared use path (See Figure 7). Figure 7: Inter-connection Apron Designed for Turning Movements If the Inter-connection path is comprised of a loose material, such as gravel, stone or shell, the apron should be designed appropriately to keep the material from spilling or being tracked onto the shared use path (See Figure 8). Figure 8: Inter-connection Loose Material Apron 8 P A G E

11 INTER- AND INTRA-CONNECTIVITY INTERPRETIVE GUIDELINES Lighting All lighting associated with the installation of Inter- and Intra-connection paths are required to meet the outdoor lighting standards of Division 4 of Chapter 126 of the Sanibel Code, with the exception that lighting installed for Intra-connection paths may trespass onto the adjacent property joined by the Intra-connection path. Drainage Where Inter- and Intra-connection paths are installed on a site with an approved or exiting storm-water management system all drainage features must be maintained in compliance the drainage design standards of Article IV of Section 118 of the Sanibel Code. Coverage and Developed Area Inter- and Intra-connection paths may deviate from limitations on coverage and developed area if the Interor Intraconnection path is found to meet all standards of Section 126-### of the Sanibel Code. Cross Access For all properties that are joined together via an Intraconnection path are required to establish a cross access agreement between them. The cross access agreement between the properties must contain provisions for the maintenance of the Intra-connection path and be recorded with the Lee County Clerk of Court. Signage All way-finding and directional signage associated with the installation of Inter- and Intra-connection paths are required to meet the sign standards found in Chapter 106 of the Sanibel Code. Note: City council may, from time to time, amend this illustrated guide to aid in the administration and interpretation of the above guidelines for Inter-and Intra-connectivity. 9 P A G E

12 City of Sanibel Attachment B Planning Department Memo Inter-/Intra-Connectivity March 11, 2014 Planning Department CITY OF SANIBEL ORDINANCE NO. 14-### AN ORDINANCE AMENDING THE SANIBEL CODE OF ORDINANCES, SUBPART B, LAND DEVELOPMENT CODE, CHAPTER 126 ZONING, ARTICLE XIV SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 2, ACCESSORY STRUCTURES, SUBSECTION 1. IN GENERAL, AND ADDING A NEW SECTION INTER- AND INTRA-CONNECTIVITY WHEREAS, the City has adopted a Land Development Code to implement the goals, objectives and policies of the Sanibel Plan; and WHEREAS, a procedure has been established to revise and amend regulations in the Land Development Code in a manner consistent with the Sanibel Plan; and WHEREAS, the City Council deems it necessary to make such revisions to the Land Development Code, as outlined in this ordinance; and WHEREAS, all required public notices and public hearings for such revisions have been properly given and held; and WHEREAS, such revisions have been referred to the Planning Commission for a recommendation as to the consistency of such revisions with the Sanibel Plan. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Sanibel, Florida: Section 1. A new section is added to read as follows in its entirety: Sec Inter- and Intra-connectivity (a) In the interest of public safety and the general welfare, providing Inter-connectivity and Intra-connectivity is encouraged and shall be accommodated. To that end, the city manager or the manager's designee is authorized to approve deviations from limits on coverage with impermeable surfaces and developed area and from vegetation buffer requirements to facilitate the issuance of a development permit for Inter-connectivity and Intra-connectivity. Such deviations may be issued only upon a finding by the city manager, or the manager's designee, that the following standards have been met.

13 (1) Alternatives to avoid the need for the deviation have been explored and found to be impracticable. (2) The deviation is the minimum necessary to provide Inter-connectivity and Intraconnectivity. (3) The Inter-connection or Intra-connection path is located, designed and constructed in a safe, practical and convenient manner such that the public interest is served. (4) The Inter-connection or Intra-connection path meets all requirements of Division 4 of Chapter 126 of the Sanibel Code. (5) The Inter-connection or Intra-connection path meets all drainage standards of Article IV of Section 118 of the Sanibel Code. (6) The Inter-connection or Intra-connection path meets all signage standards of Chapter 106 of the Sanibel Code. (7) The vegetation impacted by an Inter-connection or Intra-connection path has been included in a mitigation plan that identifies the treatment, relocation, replacement or removal of any such plants. (b) The city manager or the manager's designee is authorized to attach conditions to the approval, as necessary, to assure compliance with the standards set out above. (c) All Intra-connections shall require the adjacent property owners joined by the Intraconnection to enter into a cross access agreement. The cross access agreement shall include provisions for maintenance of the Intra-connection and shall be recorded with the Lee County Clerk of Court. (d) In addition to the standards set out above, in considering applications for deviations under this section, no deviation approved under this section shall frustrate the underlying purpose and intent or policies of the city, including the Sanibel Code and Sanibel Plan. (e) City Council may adopt and, from time to time, amend an illustrated guide of Interconnectivity and Intra-connectivity guidelines to aid in the administration and interpretation of the above standards. (f) Definitions: The following words, terms and phrases when used in this section, shall have the meanings ascribed to them in this subsection: (1) Inter-connectivity means a pedestrian and bicycle connection to the shared use path system. (2) Intra-connectivity means a pedestrian and bicycle connection between adjacent properties. Section 2. Codification The city manager is hereby authorized and directed to cause the amendment approved herein incorporated into the adopted Land Development Code.

14 Section 3. Conflict All ordinances and parts of ordinances in conflict herewith shall be and the same are hereby repealed. If any part of this ordinance conflicts with any other part, it shall be severed and the remainder shall have full force and effect and be liberally construed. Section 4. Severance If any section, subsection, sentence, clause, phrase or portion of this ordinance, or application hereof, is, for any reason, held invalid or unconstitutional by any Court or competent jurisdiction, such portion or application shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion or application hereof. Section 5. Effective Date This ordinance shall take effect immediately upon adoption. DULY PASSED AND ENACTED by the Council of the City of Sanibel, Lee County, Florida this day of, AUTHENTICATION: Mayor APPROVED AS TO FORM: City Attorney _ City Manager Date First Reading Publication Date Second Reading

15 City of Sanibel Attachment C Planning Department Memo Inter-/Intra-Connectivity March 11, 2014 Planning Department CROSS ACCESS AGREEMENT This cross access agreement is hereby made on this date, 20 ; between Owner 1 and Owner 2. Owner 1 Owner 2 Name Name Address Address City, State, Zip Code City, State, Zip Code County County Recitals A. is the owner of real property more fully described on Exhibit A (legal description) attached hereto and incorporated by this reference (as Parcel 1 ); B. is the owner of real property more fully described on Exhibit B (legal description) attached hereto and incorporated by this reference (as Parcel 2 ); C. The parties to this agreement desire to grant a perpetual easement, on, over, upon, and across portions of each property (Parcel 1 and Parcel 2) for purposes of bicycle and pedestrian ingress and egress to and from, and all other uses expressly contemplated by this agreement.

16 D. The parties agree that these mutual easements will be defined, at a minimum, by the designated areas in Exhibit C (property layout with hatched areas) for Parcel 1 and Exhibit D for Parcel 2 (property layout with hatched areas. These exhibits are hereby defined as the Easement Areas and attached hereto. 1. Granting of Easements Cross Access Easement. The invested parties representing Parcel 1 and Parcel 2 hereby grant and convey perpetual, non-exclusive, mutual cross access easements for purposes of bicycle and pedestrian ingress and egress, on, over, upon and across the areas defined in the Easement Areas. 2. Maintenance Each party, at its sole cost and expense, shall maintain and keep the Easement Areas in a commercially reasonable condition and state of repair. 3. Mutual Indemnities Indemnity. Each party held by this Agreement will indemnify, defend, and hold harmless the other for, from, and against any and all claims suffered or incurred in connection with any alleged bodily injury or property damage arising out of use or enjoyment of the Easement Areas, unless caused by negligence or willful misconduct. 4. Run with the Land The covenants, conditions, restrictions, easements and other provisions of this Agreement shall run with and be appurtenant to each portion of Parcel 1 and Parcel 2, and shall be binding upon each portion of Parcel 1 and Parcel 2 and the Owner(s) thereof and all successors in title to any portion of Parcel 1 and Parcel 2 during their respective ownership. 5. Modification The terms and conditions of this Agreement may be abrogated, modified, rescinded or amended in whole or in part only by written instrument executed by all the then Owner of Parcel 1 and Parcel 2 (and their mortgagees) and recorded with the County Clerk of Lee County, Florida. A copy must be reviewed by the City Manager or their designee of City of Sanibel prior to recording.

17 In witness whereof, this agreement has been made as of the effective date. Parcel 1 Parcel 2 Signature Signature Printed Name Printed Name Title Title State of State of County of _ County of The foregoing instrument was signed before me, the undersigned Notary Public, this day of, 20 by _ The foregoing instrument was signed before me, the undersigned Notary Public, this day of, 20 by Notary Public _ Notary Public

18 CITY OF SANIBEL Planning Department APPLICATION FOR DEVELOPMENT PERMIT INTERCONNECTIVITY and INTRACONNECTIVITY Attachment D Planning Department Memo Inter-/Intra-Connectivity March 11, 2014 STAFF USE ONLY APPLICATION No: FILING DATE: ACCEPTED BY: _ FEE: N/A PART I. PARCEL IDENTIFICATION PARCEL 1 TAX STRAP NUMBER: T -. STREET ADDRESS OF PROPERTY: _ PARCEL 2 (Intraconnections Only) TAX STRAP NUMBER: T -. STREET ADDRESS OF PROPERTY: _ PART II. OWNER & APPLICANT INFORMATION NAME OF OWNER 1:_ Owner s Mailing Address: Owner s Phone No: _Business Fax Owner s Address: _ NAME OF OWNER 2 (Intraconnections Only) : Owner s Mailing Address: Owner s Phone No: _Business Fax Owner s Address: _ NAME OF APPLICANT: Applicant s Address: Applicant s Phone No: Business Fax Applicant s Address: Applicant s Interest in Property: _ PART III. PROVIDE A BRIEF DESCRIPTION OF THE PROPOSED DEVELOPMENT K:\Planning\PERMIT FORMS (UPDATED 2013)\ACCESSORY DEVELOPMENT.Doc Rev. 8/2013

19 PART IV. CITY OF SANIBEL Planning Department INTERCONNECTIVITY and INTRACONNECTIVITY ATTACHMENTS CHECKLIST: The information and attachments requested as part of this application are the minimum necessary to determine compliance with the requirements of The Sanibel Plan and the Land Development Code (LDC). The City may require additional information, at any time during the application process, to determine compliance with the requirements of the Sanibel Plan and the LDC. Provide three copies of all surveys and plans. For a complete explanation of each item, refer to the Planning Department handout entitled "Instructions for Permits and Other Applications of the Sanibel Land Development Code". DEED (Copy) or Lee County Owner of Record OWNER'S AUTHORIZATION (Certified Form Available in City Planning Department) OTHER AGENCY PERMITS (Certified Statement RE: Required Permits and Copy of Applications/Permits) SURVEY (1"=20', With Raised Seal and Signature of Florida Registered Surveyor or Engineer) LOCATION MAP SITE DEVELOPMENT PLAN (1" = 20') DRAINAGE PLAN OR VERIFICATION OF EXISTING DRAINAGE IMPROVEMENTS PLANS FOR STORMWATER & DEWATERING EROSION CONTROL (Forms available in Planning Dept.) EXTERIOR LIGHTING PLAN SIGNAGE PLAN (Including dimensions and location) VEGETATION PLAN WILDLIFE HABITAT IDENTIFICATION AND PLAN FOR PRESERVATION VERIFY GOPHER TORTOISES ARE PROTECTED ON SITE OR HAVE BEEN REMOVED (If Applicable) CROSS ACCESS AGREEMENT (Intraconnections only. Must include provisions for maintenance) OTHER INFORMATION REQUIRED FOR COMPLIANCE WITH THE LAND DEVELOPMENT CODE: ********************************** CERTIFICATION ************************************ I hereby certify that the information contained in this application and the attachments hereto are true and correct to the best of my knowledge and belief. Furthermore, I acknowledge that the City has the right to inspect the subject property in conjunction with this development permit application. (Please advise the City of any restrictions or limitations on the inspections.) SIGNATURE OF OWNER 1 / OWNER 1'S AUTHORIZED REPRESENTATIVE DATE SIGNATURE OF OWNER 2 / OWNER 2'S AUTHORIZED REPRESENTATIVE (Intraconnections Only) DATE NOTE TO OWNER/APPLICANT: The proposed development may be subject to private deed restrictions or covenants. It is the applicant's responsibility to verify with the appropriate property owners association whether the proposed development complies with the applicable deed restrictions or covenants. The City does not enforce deed restrictions or act as an arbitrator between the applicant and the association. K:\Planning\PERMIT FORMS (UPDATED 2013)\ACCESSORY DEVELOPMENT.Doc Rev 8/2013