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HomeMy Public PortalAboutORD14023 • SUBSTITUTE BILL NO. 2005-156 SPONSORED BY COUNCILMAN BROWN ORDINANCE NO, 1 4-02- 5 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 32 STREETS AND SIDEWALKS TEXT, CHAPTER 33, SUBDIVISION CODE TEXTAND CHAPTER 35, ZONING CODE TEXT PERTAINING TO THE CONSTRUCTION OF SIDEWALKS. WHEREAS, it appears that the procedures set forth in the zoning code relating to zoning have In all matters been complied with; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 32, Streets and Sidewalks is hereby amended by adding: Section 32-103. Sidewalks Required. (a) No permit shall be Issued for the reconstruction or construction of a new building, or a building addition containing more than 2,500 square feet of gross floor area, or a new or expanded parking lot containing more than 10 • parking spaces on property located on an arterial or collector street and zoned for commercial, office or multi-family use unless a sidewalk exists adjacent to the property along the arterial or collector street or unless the plans for the building or parking lot provide for the construction of such a sidewalk. The requirements of this section shall apply to reconstruction, cumulative building additions and parking lot expansions following adoption of this ordinance but shall not apply to the rehabilitation or renovation of existing buildings or parking lots or the construction of accessory buildings. (b) No certificate of occupancy shall be issued for any building or parking lot described In subsection(a)if the plans provide for construction of a sidewalk along an arterial or collector street unless the sidewalk has been constructed or the property owner has provided a bond,letter of credit or other instrument acceptable to the director of community development guaranteeing construction of the sidewalk within six (6) months of issuance of the certificate of occupancy. (c) Upon application of the property owner, the city council sw may waive the requirement of this section to provide plans for and construct a sidewalk If the council determines that the sidewalk is not needed or that the Impact of the proposed development does not justify the requirement that the sidewalk be constructed. The granting of a waiver shall not affect the power of the council to later install sidewalks adjacent to the property and levy special assessments against the property for construction of the sidewalks. (d) In determining the need for the sidewalk and whether the impact of the • proposed development justifies the requirement that the sidewalk be constructed, the council shall consider all relevant factors, such as: I • SUBSTITUTE 1) The amount of pedestrian traffic likely to be generated by the proposed development; 2) The density of existing or future development that would generate use of the sidewalk; 3) Whether pedestrian traffic generators such as parks and schools are in the area; 4) The existence of sidewalks in the area that would connect with the sidewalk; 5) Whether the terrain is such that a sidewalk Is physically feasible to construct; 6) The extent to which trees and landscaping would be Impacted by the sidewalk; 7) Whetherthere is an existing or proposed alternate pedestrian way; and 8) Whether the sidewalk may need to be rebuilt due to plans to widen or reconstruct the street. Section 2. Chapter 33, Subdivision Code, Section 33.8, Final Plat Contents, Submission Procedure, is hereby amended by the deletion of subparagraph A(9)and the renumbering of all subsequent sections. A. Contents. A final plat of the subdivision, or section or tract thereof, shall be • drawn on a sheet 24" x 36", to a scale of not more than one hundred (100) feet to the Inch and shall contain, or be accompanied by, the following information: Section 3. Chapter 33, Subdivision Code is hereby amended by amending Section 33.9, Construction of improvements. D. Construction of sidewalks in subdivisions. 1. Sidewalks shall be constructed in new Major subdivisions as follows: a. On both sides of arterial streets. b, On both sides of collector streets. C. On at least one (1) side of local streets in platted subdivision sections to wl deh any part of-the-subdivision orle (1) mile of property upon which an eleme,ilary or secondary school Is 'oeated or prope,iy owned or maintained I y the Pei Its d. On at least one (1) side of cut-de-sacs over four hundred (400) feet in length (measured from the center line of an intersection of a cross street or abutting street to the center of the cul-de-sac bulb) in platted subdivision sections In wl,16; any part of th subdivision section alas w'lhln one (1)mile of property-dpon-v4ljeh am elementmy or secondmy school is located o. property owmMd_ or maimtelned by the Park, and Recreallo., 60111MISM'0141. e. Sidewalks shall be constructed in new Major subdivisions as required above unless the owner requests, the Commission • reviews and the Council approves a variance under(1) or(2) below. • SUBSTITUTE (1) When the Council corttmission determines in a Major subdivision that, through submission of an engineering study that Includes appropriate details such as cross- sections, grading plans, and requirements for sidewalks because of the presence of unusual circumstances or conditions, including without limitation, topographic conditions, and that the strict application of the requirements for sidewalks would either prevent, or present a serious obstacle to the formation of a plat for the reasonable use and development of land, the Council ee n, issiort may permit the owner to vary from the requirements for sidewalks or the location thereof. (2) The Council eommisslon may permit a developer to vary from the requirement for sidewalks if the Commission determines that an Alternate Pedestrian Way Plan submitted by the developer with the preliminary plat provides adequate Access throughout the subdivision. Such a plan must provide a continuous system of paved walkways located within easements dedicated as pedestrian ways. The Council eomnrisslon may require • such width not to exceed ten (10)feet and such illumination as may be appropriate to assure safety. 2. Sidewalks shall be constructed In new Minor subdivisions as required in 1. above unless the owner requests, the Commission reviews, and the Council approves a variance as provided herein. In determining whether to approve a variance, all relevant factors shall be considered, such as: a. The amount of pedestrian traffic likely to be generated by the proposed development; b. The density of existing or future development in the area that would generate use of the sidewalk; C. Whether other pedestrian generators, such as schools or parks, are in the area which a sidewalk would provide access; d. The existence of sidewalks in the area that would connect with a sidewalk along the development; e. Whether the terrain is such that sidewalks are physically feasible to construct; f. The extent to which trees, landscaping or natural areas would be Impacted by construction of the sidewalk; g. Whether there is an existing or proposed alternate pedestrian way; and h. Whether there are plans to widen or reconstruct the street in the near future which would require replacement of the • sidewalk. SUBSTITUTE -2. 3. Construction Standard Sidewalks in new subdivisions shall be constructed as provided in sections 32-81 through 32-86 and located a minimum of three(3)feet from the back of the curb. a. Mom !he cc n nlsslaii deter rnimes that, through submission of an e igiiiaering study that Imeludes appropriate detalls stich as cress for sidewalks bacause of tho . eircurnsts less or that the strict appliestlen of the re4direM181119 fOr sidewalks would either prevent, or present a serious obstacle to 16 a Fo silo oF a plot for !he reasonable uss and develop&ne it of land, the epum ea q salon nay verrmitilie ownei to vary from!he requirerne its for requi ememt for sidewalks If the earnrmission determilmes that an Mermale Pedestrian Way P am submitted by the developer with the jim" 1 a y plat provides adequate Access throughout the • ays. TI a cc ission rnsy require stieH width mot to exeeed ten (18)feet amd such illumination as misy be appropplate to assure safety. 4. Time for Construction The developer shall install all sidewalks, as required by this section, or by the Council eomnrission pursuant to a variance as allowed by this section, not later than two (2) years after the date when the abutting street is accepted or not later than five (5) years after the first building permit is issued,whichever comes first; provided however, that the sidewalk for each lot within a subdivision shall be completed and approved before an occupancy permit for a structure on the lot is issued. 5. Enforcement a. If the sidewalks required by this section, or alternate paved walkways required by the Council ea i !salen pursuant to a variance as allowed by this section,are not completed within two(2) years from the date abutting streets are accepted, or within five (5) years after the first building permit is issued, whichever comes first, the building official shall decline to issue any further permits of any type to the developer in conjunction with the subdivision where the violation is occurring, or in conjunction with any other activity at any location requiring permits by the building official, until the violation is cured. In addition, the Council building offieial may: • SUBSTITUTE a. (1) Impose a penalty on the developer in an amount not to exceed One Hundred Dollars ($100.00) per day for each day the violation persists. b. (2) Cause the sidewalks to be completed at the City's expense, and may cause a special tax bill to Issue as to each lot within the subdivision for which the City has incurred the expense of constructing sidewalks,in an amount of two(2)times such expense incurred,together with the amount of any penalties accrued under subsection a. above. Any special tax bill issued pursuant to this subsection may be enforced in the same manner as a tax bill issued for the improvement of a sidewalk within the City. b. Other Recourse. Nothing within this section shall impair the ability of the City or property owner to seek any other recourse against a developer for failing to Install sidewalks as required by this section. (Ord. 13628, §3, 10-6-2003) Section 4. Chapter 35, Street and Sidewalks is hereby amended by adding: Section 35.56. Sidewalks. • In some cases, the City Code, specifically Chapter 32 -Streets and Sidewalks and Chapter 33-Subdivisions, requires the construction of sidewalks along existing or now streets. All proposed developments, whether Permitted, Conditional, Special Exception or those in PUD Planned Unit Development districts, shall comply with these requirements unless a variance is approved by the City Council. Section 5. This ordinance shall be in full force and effect from and after Its passage and approval. )� 7 Passed: roved: J � P ng Officer ayor sl r ATTEST: j� APP V D A FORM: City Cllfrk City Counselor • PUBLIC HEARING NOTICE • Text Amendment to Chapter 32, Streets and Sidewalks Text Amendments to Chapter 33, Subdivision Code Text Amendment to Chapter 35,Zoning Code The City Council of the City of Jefferson, Missouri, will hold a public hearing on Monday, March 20, 2006 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, to consider amendments to the text of Chapter 32, Streets and Sidewalks, Chapter 33, Subdivision Code, and Chapter 35, Zoning Code. The purpose of the public hearing is to consider proposed amendments pertaining to the construction of sidewalks. The complete text amendments are on file as Case Nos. P06005 and P06006 and are available for Inspection during regular business hours at the Department of Community Development, Planning Division, Room 120, John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. Phyllis Powell, City Clerk City of Jefferson, Missouri P.T.: Friday, March 3, 2006 Department of Community Development 320 East McCarty Street, Room 120 Jefferson City, Missouri 65101 Contact: Anne Stratman or Janice McMillan Phone(573)634-6475 Fax(573)634-6457 • • STAFF REPORT MITidRSON CITY PLANNING AND ZONING COMMISSION FEBRUARY 9, 2006 • CASs NOs. 1106005 and P06006 Proposed antendments to the City Code regarding consuuclion ofsidewalks. Rackerorund The Subdivision Code requires sidewalks to be constructed in new subdivisions on both sides of arterial and collector streets and on at least one side of local streets in new subdivisions located within one mile of an elementary or secondary school orproperiyowned ormaintained bythe Parks and Recreation Commission.ror practical purposes,this covers virtuallyall lad within the city.'lhe one exception is for cul-de-sacs less than 400 feel in length. The Code includes two provisions for approval of a variance to the construction of standard sidewalks: • When it is deicnuined by engineering studies that it is not practical to construct a sidewalk due to the presence of unusual conditions,such as topography,and wovercome theseconditions would present a serious obstacle to the reasonable subdivision and development of the land; and • When an alternate pedestrian tray plan has been submitted by the developer which provides it continuous paved walkway system throughout the subdivision on dedicated pedestrian casements. Because a variance is strictly limited to the above two purposes, concern is often expressed about the requirement to build sidewalks when load is being subdivided or a lot is being repiatted along existing streets which are not being constructed or reconstructed as part of the subdivision. In addition, there may be little pedestrian traffic generated by the proposed development, no existing sidewalks along adjacent streets in the area,and no nearby pedestrian generators such as schools or parks. The current code makes no provision for consideration on, varfance based on these or other relevant factors. Another concern often expressed is the lack ofa requirement to construct sidewalks along existing streets when a substantial residential or commercial development occurs because the land is not being subdivided into lots and no new streets are being created. Such developments generate pedestrian traffic and thus need sidewalks far public convenience and traffic safety purposes but are currently not required to be installed as a part of the ordinary site improvements such as driveways, paved parking lots, on-site walkways and landscaping. In order to address these concerns, Ilse City Code could be amended by recognizing thal there are occasions when sidewalks may not be appropriate, Relevant factors could be established to guide decisions out requests for variances. In addition, the City Code could be amended to require Ilia[ sidewalks be constructed when larger developments are completed on major streets regardless of whether the Inmd is being subdivided. This would enhance efforts towards creating a more safe and effective pedestrian system throughout the City. Previous Discussion On November 10,2005, the above information wits presented to the Pluming and Zoning Commission. Following discussion,the Commission authorized staff io prepare appropriate amendments to the City Code addressing this situation and advertise the amendments for a public hearing. • Jefferson City Planning&Zoning Commission Page 2 Staff Report: Sidewalks Along City Streets 2/9/06 Proposed Amendments • Firs[, Sec. 33-9 of Ilse Subdivision Code is proposed to be auncuded as follows: • Provide that n varimtce may be approved for sidewalks in 111111131'subdivisions (not more than 5 lots and no new street) based on it consideration of certain factors. • Provide[lint sidewalks shall be constructed along one side of local streets in all new subdivisions and not only in now subdivisions located within one mile ofa school or park. • Provide Ihu the length ofa cul-de-sac will he measured from the center of Ilia bulb. • Provide that ilia City Council shall be the entity wilit the aulhorily to approve variances, impose penalties and authorize special tax bills. Second, Sec. 32-103 is proposed to be added to ilia Street and Sidewalk chapter of ilia City Code. This new section would require construction ofa sidewalk when a new building or major building addition is constructed or a new or expanded parking lot containing more than 10 parking spaces is constructed on properly located on an arterial or collector street and zoned fm•commercial,office or mulli-family use. This requirement would not apply to the reconstruction of existing buildings or parking lots or the construction of accessory buildings, A property owner may request a variance to the requirement to construct the sidewalk and Ilia Council may approve the variance after considering relevant factors outlined in the amendment. Third, Sec. 35-56 is proposed to be added to the Zoning Code.This new section would reference the requirement for new developments to construct sidewalks, unless a variance is approved by the Council. Please see the atmchnnents for the full text of the proposed amendments. Staff Recommendation Staff recommends approval of ilia proposed amendments. The recommendation of the Commission and any public comments will be forwarded to the City Council for their final determination. • CASE.NO. P06005 PROPOSED ADIENDMENT TO CIIAPTI.1133 SUBDIVISION CODE-SIDEWALKS PLANNING AND ZONING COMMISSION CASE • (PUBLIC HEARING DRAFT 2/9/06) Added language is underlined;deleted language is sus+ek-N+rough. Sec.33-9. Construction of improvements. D. Construction of sidewalks in subdivisions I. Sidewalks shill be constructed in new Maior subdivisions as follows: a. On both sides of arterial streets. b. On both sides of collector streets. c. On at least one(1)side of local streets in platted subdivision sections in-whielt e+ry-parrot-N+e�ubdirisiex-seette+t-lies�itl+i+t-o+trFFjixiieefyjrolxrty-ulx�+j wltielt o+relcvxentoryer�ee e+tda+3�selreel is leeeted er-prapeny-owned-or alai+kaixed-by-H+e Parks and Recrea nuxissien. d. On at least one(1)side of cul-de-sacs over four hundred (400) feet in length (measured from the center line of an intersection of a cross street or abutting street to the center grille cul-de-sac bulb) in platted subdivision sections hi-whiel"ityirurt-of-tbe-subdivisiex seetietNies svithhrone{l}fiNle ofy>rolxrty upon wltieh-o"kmieniary-er seen+tdary-st4ieeHs4eealed-ory3,ropert5-aw led eritmbkabted-by-tlte-Parks-ond-Reereat+a+t-Ee+xxtissie+r. • c. Sidewalks shall be constructed in new Mnjor subdivisions as required above unless the owner requests, the Commission reviews and the Council approves-a variance under(1)or(2)below. a (�_ ariaxee by Eommtsslex When the Council ee+xmission determines in n Major subdivision that,through submission of an engineering study plat includes appropriate details such as cross-sections,grading plans, and requirements for sidewalks because of the presence of unusual circumstances or conditions, including without limitation, topographic conditions, and that the strict application of the requirements for sidewalks would either prevent, or present a serious obstacle to the formation of a plat for the reasonable use and development of land, the Council conimissien may permit the owner to vary from the requirements for sidewalks or the location thereof. -ti: (2) The Council eemmission may permit a developer to vary from the requirement for sidewalks if the Commission determines that an Alternate Pedestrian Way Plan submitted by the developer with the preliminary plat provides adequate Access throughout the subdivision. Such a plan must provide a continuous system of paved walkways located within casements dedicated as pedestrian ways. The Council eontntission may require such width not to exceed ten(10) feet and such illumination as may be appropriate to assure safely. • Amendments to Subdivision Code,Section 33-9 Page 2 2. Sidewalks shall be constructed in new Minor subdivisions as required in 1. above unless the owner requests, the Commission reviews,and the Council approves a variance as • provided herein. in determining whether to approve a variance, all relevant factors shall be considered, such as: a. The amount of pedestrian traffic likely to he generated b the tic proposed development: b. The density of existing or future development in the area that would generate use of the sidewalk: c. Whether oilier pedestrian generators, such as schools or parks, are in the area which a sidewalk would provide access: d. The existence of sidewalks in the area that would connect wish a sidewalk alone the development: e. Whether the terrain is such that sidewalks are physically feasible to construct: G The extent to which frees, landscaping or natural areas would be imnacted by construction of the sidewalk: 9. Whether there is on existing or proposed alternate pedestrian way:and Ii. Whether there arc plans to widen or reconstruct the street in the near future which would require replacement of the sidewalk. • ?. 3, Construction Standard Sidewalks in new subdivisions shall be constructed as provided in sections 32-81 through 32-86 and located a minimum of three(3) feet from the back of the curb. — 3. ((Note: Entire Section Moved to New Section D.I.c.11 Varianee by Eerrunission —a-�When the canintiesioti-deteriniue"iat,Ihreugl"ubniissio"f-mi-eiighieeriiig-sludy— --------Niat-iiieludes�ippropriate-detains-sae#-as�ress-reel ions-grading-platts�raid-ex!}ibil�iri-a ---1)aizieGktr-i+islcGiee-ati-owner-gantlet-possibly-ery)rtteFiealiy-ebsei�e-tbe-above-requiremenie — far-sidewalks-beenuse-of-tlte-preseiiee-of-uii usual-eireumstatiees-er-e(4ndidon.rineludiiig ---wilbaGNiu}ilalion;topogrtiphie-eendittons-and-tlinHlieilr-ieHipplie<uNen�f-tHe-requirements —�fer-sidewalks-would-eillier-lirevetit;er-present-a-serieus-obstaeieao-N}e-ferniatiou-of-ai)tat-tor --:lie-reRSOnable-ttsetuud-development-oFlRnd;-tlte-6oGncil-cemmissioninRy-1}eta}}it-tlic�iwuer --to-.ate-froth-line-regGiremetits-for-sidewalkser-Nie-leeat Teti-tliereo� —b—T;ie-eemniissieirtnRyi)ertiii{-Rdeveloi}er-te-vats-fiotii-tlie-requirement fer4dewalks 4athe eetnmissioti delei3l}ities tliRt ati Alternate pedesiriati Ry Plan-,uhmitttd4 y-tlieileyelopep-MOHlie j)relit iibiaiyi)iat-pr"des-adequfile Aeee,5 a a nili uous — sysienrefy)RVed-wRlk+nays-IoeRled-wikliiti•easementstledieated-asyedesniRn ---ways. }lieeammissiout bitty require sGeli widtlrtioHo-exeeed Ceti{{8) feet RUid sueli illGn}taaFiefttus mRy be npproptvalc�to assure-safety: 4. Time for Construction • The developer shall install all sidewalks,as required by this section, or by the Council eennnissien pursuant to a variance as allowed by this section,not later than two(2) years oiler the date when the abutting street is accepted or not later than five(5) years after the first building permit is issued, whichever comes first; provided however,that Amendments to Subdivision Code,Section 33-9 Page 3 the sidewalk for each lot within a subdivision shall be completed and approved before • an occupancy permit for a structure on the lot is issued. S. rnforecmcnt a. If the sidewalks required by this section, or alternate paved walkways reec uired by the Council eanunissien pursuant to a variance as allowed by this section,are not completed within two(2)years from the dale abutting streets are accepted, or within five(5)years aflcr the first building pennit is issued, whichever comes first, the building official shall decline to issue any further permits of any type to the developer in conjunction with the subdivision where the violation is occurring,or in conjunction with any other activity at any location requiring pemtils by the building official,until the violation is cured, In addition,the Council buiiding-offend may: Impose a penalty on the developer in an amount not to exceed One Hundred Dollars(5100.00) per day for each day the violation persists. b.(2)_Cause the sidewalks to be completed at the City's expense,and may cause a special tax bill to issue as to each lot within the subdivision for which file City has incurred the expense of constructing sidewalks, in an amount of two(2)times such expense incurred,together with the amount of tiny penalties accrued under subsection a. above. Any special tax bill issued pursuant to this subsection may be enforced in the same manner as a lax bill issued for the improvement of a sidewalk within the City. b. Other Recourse. Nothing within this section shall impair the ability of the City or a property owner to seek any other recourse against a developer for failing to install sidewalks as required by this section, (Ord. 13628, §3, 10.6-2003) • CASE N0. P06006-A AMENDMENTS TO CHAPTER 32 SIDEWALKS PLANNING AND ZONING COMMISSION • (PUBLIC BEARING DRAFT 2/9/06) Added language is underlined; deleted language is stmek-djrough. Explanation.Amending Chapter 32 of the City Code to require the construction of sidewalks along arterial and collector streets when constructing new buildings, reconstructing buildings, major additions or new or expanded parking lots in certain situations; and fixing the time when this ordinance shall become effective, BE IT ORDAINED [IV 7'IIE COUNCI1,OV I'111i CITY OF.IEFFERSON,MISSOURI,AS FOLLOWS: SECTION 1. Chapter 32 of the Code of Ordinances of the City of Jefferson, Missouri, is amended by adding the following Section 32-103: Sec. 32-103. Sidewalks required. (a) No permit shall be issued for the reconstruction or construction of anew building. or a building addition containina more than 2,500 square feet of gross floor area, or a new or exnonded narking lot containing more than 10 parking spaces on property located on all arterial or collector street and zoned for commercial,office or multi-family use unless a sidewalk exists adjacent to the property along the arterial or collector street or unless the plans for the building or parking lot provide for the construction of such a sidewalk. The requirements of this section shall apply to reconstruction, cumulative building additions and parking I[ of expansions following adoption of Ibis ordinance bill shall not apply to the rehabilitation or renovation orexisting,buildings or • parking lots or the construction of accessory buildings. (b) No certificate of occupancy shall be issued forany building or parking lot described in subsection (a) if the plats provide for construction of a sidewalk along an arterial or collector street unless the sidewalk has been constructed or the property owner has provided a bond, letter of credit or other instrument acceptable to the director of community developnent guaranteeing construction of the sidewalk within six (6) ntnnths orissuance of the certificate ofoccupancy. O Upon application of the properly owner,the city council shall waive the requirement of this section to provide plans for and construct a sidewalk if the council determines that the sidewalk is not needed or that the impact of&proposed develonment does not iustify the requirement that the sidewalk be constructed. Tire granting of a waiver shall not affect the power of the council to later install sidewalks ndincent to tine mronemy and levy special assessments against the properly for construction ofthe sidewalks. (d) ht determining tine need for the sidewalk and whether the impact of the proposed development justifies the requiremenl that the sidewalk be constructed,the council shall consider all relevant factors, such as: 1) The amount of pedestrian traffic likely to be generated by the proposed development: 2) The density of existing or future development that would generate use of the sidewalk: 3) Wbethcrpedestrian Iraftic generators such as parks and schools are in the area 4) The existence of sidewalks in the area that would connect with the sidewalk: 5) Whether the terrain is such that a sidewalk is physically feasible to construct: 6) The extent to which trees and landscaping would be impacted by the si(lewalk: • 7) Whether there is an existing or proposed alternate pedestrian way: and 8) Whether the sidewalk may need to be rebuilt due to plans to widen or reconstruct the street. SECTION 2, This ordinance shall be in full force and effect from and after its passage. CASE NO, P06006-B PROPOSED ZONING TEXT AAIENDAIEN'r—SIDFNVALKS • PLANNING AND 'ZONING COMMISSION (PUBLIC HEARING DRAfT-2/9/06) Added language is underlined; deleted language is sumek-ilimugh. See.35-56. Sidewalks. In some cases. the City Code, snccifically Chapter 32-Streets and Sidewalks and Chapter 33 - Subdivisions, requires the construction of sidewalks alone existing or new streets. All proposed developments. whether Pennitted. Conditional, Special Exception or those in PUD Planned Unit Development districts, shall comply with these requirements unless a variance is approved by the City Council. •