Explanation
1. BACKGROUND
The purpose of this legislation is to lay a foundation for the development of policy, rules and regulations pertaining to sidewalks and bikeways. This foundation includes the consideration of an evolving understanding of complete streets, the importance of alternate means of transportation, the promotion of better community health, and improving safety for pedestrians and bicyclists. This legislation further establishes a requirement for bikeways associated with the development of land and codifies the requirement to provide sidewalks along private streets. Furthermore, this legislation creates a mechanism for a monetary donation to be made by a developer when circumstances preclude the reasonable and practical construction of sidewalks and bikeways.
This legislation is expected to result in more sidewalks and bicycle facilities to be completed in the city of Columbus.
On December 6, 1993, Columbus City Council adopted the Columbus Comprehensive Plan (Ordinance 2515-93.) The plan as adopted provides specific recommendations for adequate pedestrian facilities for all existing, expanded, and new developments regardless of the type of use, intensity, or zoning classification. The plan also recommends that the Public Service Department develop a bikeways plan for the city of Columbus.
On July 20, 1998, Columbus City Council adopted Ordinance 1985-98, which establishes a parkland dedication requirement for developments. The ordinance as adopted states in pertinent terms that the City will "determine whether a land or monetary donation shall be required."
On June 7, 1999, Columbus City Council adopted Ordinance 1276-99, which amended Chapter 2105, "Service Director, Powers & Duties", and Chapter 3123, "Regulations for Land Subdivision", in order to provide for sidewalks and other pedestrian facilities to enhance safety, efficiency and accessibility.
On July 17, 1999, following City Council adoption of Ordinance 1276-99, the Director of Public Service published in the City Bulletin notice of promulgation of rules and regulations. Said rules included a provision for the Director of Public Service to waive sidewalk construction on a case-by-case basis "if such facilities will not materially advance pedestrian access."
Subsequent to the promulgation of rules in 1999, the Public Service Department received 186 sidewalk waiver requests between 2000 and 2007, of which 87 were approved. Of those waivers approved, the substantial majority were granted for industrial commercial uses. No residential developments were waived. Other waivers were granted for reasons of difficult site topography or where the city of Columbus did not have jurisdiction over the right-of-way adjacent to the site.
In 2007, the Columbus City Attorney notified the Public Service Department that the 1999 sidewalk rules and regulations were not promulgated according to the requirements of Section 121.05 of the Columbus Codified Ordinances. Since the notification, the Public Service Department has placed a moratorium on granting sidewalk waivers, and has worked to create new rules and regulations, which will be properly promulgated subsequent to City Council adopting related code changes, as proposed in this legislation.
On July 23, 2007, Columbus City Council passed Ordinance 1165-2007 authorizing an asset inventory contract as part of the Operation SAFEWALKS program created by Mayor Michael B. Coleman in February, 2007. The asset inventory effort provides sidewalk asset information throughout the city of Columbus, which is being used to prioritize sidewalk and sidewalk-inclusive projects.
On July 23, 2007, Columbus City Council passed Ordinance 1178-2007 authorizing the Mid-Ohio Regional Planning Commission to assist the Public Service Department in developing the Operation SAFEWALKS program. Operation SAFEWALKS program when fully developed will provide priorities and strategies for sidewalk construction along major roadways in the city of Columbus, first targeting underserved neighborhoods within older sections of the community.
On November 29, 2007, Columbus City Council member Maryellen O'Shaughnessy held a public meeting where the Public Service Department presented an overview of past, present and future complete streets-oriented efforts.
On June 9, 2008, City Council passed Ordinance 0849-2008 to adopt the Bicentennial Bikeways Plan, ordaining "That all City of Columbus departments and divisions are hereby authorized and directed to use the Columbus Bicentennial Bikeways Plan in initiating or reviewing projects within the planning area or adjacent areas and require that such projects generally conform to the plan".
The Bicentennial Bikeways Plan recommends adopting a complete streets policy that will "support the development of a complete system of bikeways, pedestrian facilities and shared-use paths, bicycle parking and safe crossings connecting residences, businesses, transit stops and public places. The City will promote bicycling and walking for health, environmental sustainability, exercise, transportation, and recreation." The plan further recommends that "bicycle and pedestrian facilities shall be provided in new construction, reconstruction and maintenance projects in the City, including traffic impact mitigations by private developers".
On July 28, 2008, Columbus City Council adopted Resolution 0151X-2008 in support of furthering complete streets in the city of Columbus.
On December 4, 2008, Columbus City Council member Maryellen O'Shaughnessy held a public hearing on the proposed code changes.
On December 11, 2008, the Transportation and Pedestrian Commission reviewed and recommended adoption of this legislation as proposed.
2. FISCAL IMPACT
There is no cost to the city of Columbus at this time.
Title
To enact Chapter 900, and to amend various sections of of the Columbus City Code, 1959, for consideration of greater sidewalk and bikeway connectivity and safety.
Body
WHEREAS, the city of Columbus recognizes through the Columbus Comprehensive Plan, adopted by Ordinance 2515-93, the benefits of sidewalks and other pedestrian facilities for safety, efficiency and accessibility; and
WHEREAS, the Columbus Comprehensive Plan contains provisions calling for development of a bikeways plan for the city of Columbus; and
WHEREAS, the Columbus Comprehensive Plan contains provisions calling for pedestrian facilities in all new and existing developments; and
WHEREAS, the city of Columbus requires, through its adoption of Ordinance 1276-99, the construction of sidewalks associated with land development; and
WHEREAS, it has been found that physical site constraints can make city of Columbus sidewalk construction requirements infeasible, undesirable, or the costs for such construction be excessively disproportionate to the need or probable use; and
WHEREAS, future planned city capital improvement projects may result in the removal of sidewalks newly constructed by developers, which is economically wasteful; and
WHEREAS, initial findings from the Operation SAFEWALKS program identify over 121 miles of sidewalks missing on major city streets; and
WHEREAS, City Council adopted Ordinance 0849-2008, the Bicentennial Bikeways Plan, ordaining "That all City of Columbus departments and divisions are hereby authorized and directed to use the Columbus Bicentennial Bikeways Plan in initiating or reviewing projects within the planning area or adjacent areas and require that such projects generally conform to the plan"; and
WHEREAS, the Bicentennial Bikeways Plan is intended to serve as a guide for development, and the planning of future public infrastructure improvements and programs; and
WHEREAS, the Bicentennial Bikeways Plan recommends the construction of 538 miles of bikeways over the next 20 years; and
WHEREAS, the Bicentennial Bikeways Plan recommends the modification of city codes to further complete streets in the city of Columbus by integrating bikeways within roadway and right-of-way definitions, addressing lawful use of the roadway and inclusion of bikeways in land development activities, and
WHEREAS, City Council adopted Resolution 0151X-2008, resolving "That this Council supports the implementation of Complete Streets policies in Columbus, and urges the Public Service Department and the Transportation Division to include these policies in all street construction, reconstruction and repair project"; and
WHEREAS, Columbus City Council adopted Ordinance 0950-2008, the bicycle safety helmet law, which established greater safety requirements for children using bicycles in the city of Columbus, and which during deliberations of the legislation several inconsistencies were identified within Columbus City Code, and with Ohio Revised Code, which were agreed by City Council to defer to a future date; and
WHEREAS, the Ohio General Assembly has enacted HB 389 effective September 21, 2006, which consist of a revision of certain portions of Ohio's bicycle regulations; and
WHEREAS, the enactment of HB 389 has created a disparity between existing City bicycle regulations and general laws of the State of Ohio, which inconsistencies, in some instances, has caused the city ordinances to potentially be in conflict with the general laws of the State of Ohio; and
WHEREAS, this ordinance will result in more sidewalks and bicycle facilities in the city of Columbus where it has been determined they are needed the most; and
WHEREAS, In 2009, the city, regional agencies and private party partners will collaborate to produce education programs to further improve safety for pedestrian and bicyclists; and
WHEREAS, In the future, anticipated future changes to state law outlined in House Bill 390 will require further modification to city code to be compliant; and
WHEREAS, In addition, future best practices will be incorporated as they are developed; and
WHEREAS, that ordinance provided that all fees collected in lieu of sidewalk and bikeway construction be deposited in the Sidewalk Improvement Fund and Bikeway Improvement Fund, respectively; and
WHEREAS, this ordinance is necessary in order to create those Funds and to establish the purposes for which monies in those Funds may be expended; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That Chapter 900 of the Columbus City Code, 1959 is hereby enacted; and that Title 21, 31, 33, and 41 and 45 are hereby amended as shown in the ATTACHMENT file identified as ORD1987-2008enactment and amendment.
Section 2. That the City Auditor is hereby authorized to establish a subfund within the Special Purpose Fund No. 223, titled Sidewalk Improvement Subfund.
Section 3. That the City Auditor is hereby authorized to establish a subfund within the Special Purpose Fund No. 223, titled Bikeway Improvement Subfund.
Section 4. That all revenues arising from the collection of fees in lieu of constructing sidewalks as set forth in Section 3123.17 of the Columbus City Codes, 1959, as amended herein, shall be deposited into Special Purpose Fund No. 223.
Section 5. That all revenues arising from the collection of fees in lieu of constructing bikeways as set forth in Section 3123.17 of the Columbus City Codes, 1959, as amended herein, shall be deposited into Special Purpose Fund No. 223.
Section 6. That such monies shall be limited in their use to the design and construction of sidewalks and bikeways.
Section 7. Chapter 3123.17 of the Columbus City Code as modified by this ordinance shall only apply to applications for rezoning and site plan approval filed after March 2, 2009.
Section 87. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.