ORDINANCE NO. 9506
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 20, ARTICLE 9, SECTION 20-915, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO PARKING, LOADING AND ACCESS, AND REPEALING EXISTING SECTION 20-915.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. Chapter 20, Article 9, Section 20-915, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:
20-915 DRIVEWAYS AND ACCESS
The standards of this section apply to all Driveways providing Access to multi-Family or nonresidential uses.
(a) General Standards
(1) Access
to property is allowed only by way of Driveways. No other portion of the Lot
Frontage may be used for vehicle ingress or egress, nor may any Parking Area or
Access Drive be arranged so that any vehicle may back directly onto a Street.
All Driveway cuts into the Street shall require a permit from the Public
Works Municipal Services and Operations department unless approved
through site or development plan approval.
(2) Driveway designs shall allow an entering vehicle turning speed of 15 miles per hour to help reduce interference with through Street traffic. Radii of Driveway shall be sufficient to achieve this standard for the types of vehicles that the Driveway is intended to serve.
(3) There shall be sufficient on-site space to accommodate queued vehicles waiting to park or exit, without interfering with Street traffic.
(4) Provisions for circulation between adjacent Parcel should be provided through coordinated planning or Cross Access Agreements.
(5) Driveways shall be placed and designed so that loading and unloading activities will not hinder vehicle ingress or egress, and that vehicles entering the Driveway from the Street will not encroach upon the exit lane of a two-way Driveway. Also, a right-turning exiting vehicle shall be able to use only the first through-traffic lane available without encroaching into the adjacent through-lane.
(6) No Lot that is less than 51 feet in width and that was created (by subdivision or re-subdivision) after the Effective Date, shall have a Driveway Access to a Public Street. Driveway Access to such a Lot shall be from an Alley or by a Shared Driveway.
(7) Driveways shall intersect the Street at right angles.
(b) Turn Lanes and Tapers
Turn lanes and tapers are required, unless determined to be unnecessary by the City Engineer, when:
(1) Driveways intersect Arterial Streets. Turn lanes shall be a minimum of 150 feet in length plus the taper;
(2) Driveways serving non-residential uses intersect Collector Streets. Leftturn lanes shall be a minimum of 100 feet in length plus the taper. Right turn lanes shall be required when the projected or existing right-turning volume equals or exceeds 100 vehicles per hour;
(3) The City Engineer determines, based on a traffic impact analysis, that such treatment is necessary to avoid congestion and/or unsafe conditions on the Public Street.
(c) Driveway Grade
The Grade of a two-way, one-way or divided Driveway shall not exceed four percent (4%) for a minimum distance of 25 feet from the edge of the Street pavement.
(d) Sight Distance
Direct-Access Driveways shall be located to allow the following minimum sight distance based on the intersection type (full or partial Access) and the Street type. Sight distances shall be determined by a professional engineer licensed by the State of Kansas and shall be based on the design speed of the Street or on the 85th percentile speed, whichever is higher.
|
Street Type |
Speed |
Minimum Sight Distance ( in Feet) |
|||
|
miles per hour |
feet per second |
8 seconds |
9 seconds |
10 seconds |
|
|
Arterial |
45 |
66 |
529 |
594 |
660 |
|
40 |
59 |
472 |
531 |
590 |
|
|
Collector |
35 |
51 |
408 |
459 |
510 |
|
30 |
44 |
352 |
396 |
440 |
|
|
Residential |
25 |
37 |
296 |
333 |
370 |
(e) Driveway Spacing
All Direct Access to any Public Street shall be in accordance with the City’s adopted Access Management Policy.
(1) Arterial Streets
Direct Access to an Arterial Street is prohibited except in redevelopment or infill situations where the subject property has no other reasonable Access to the Street system and the City Engineer determines that Access onto the Arterial Street, based on the Street’s Ultimate Design, can be safely accommodated. When direct Access to an Arterial Street is approved by the City Engineer pursuant to the requirements of this section, the following standards apply. In the event that such standards cannot be met because of an unusually narrow or shallow Lot size, the City Engineer may reduce the spacing between cuts as long as the reduction does not result in an unsafe traffic condition. A Driveway Access allowed under this section shall be used only to serve a Detached Dwelling on the property or an existing business and will be reevaluated when the use or Lot size changes.
(i) Spacing from Signalized Intersections
All Driveways providing Access to Arterial Streets shall be constructed so that the point of tangency of the curb return radius closest to a signalized or stop sign-controlled intersection is at least 300 feet from the perpendicular curb face of the intersecting Street.
(ii) Spacing from Other (Non-signalized) Access Points
All Driveways providing Access to Arterial Streets shall be constructed so that the point of tangency of the curb return radius closest to all nonsignalized Street or Driveway intersections is at least 300 feet from the perpendicular curb face of the intersecting Street or Driveway.
(2) Collector Streets
Direct Access to Collector Streets shall be regulated in accordance with the following standards. In the event that such standard cannot be met because of an unusually narrow or shallow Lot size, the City Engineer may reduce the spacing so long as the reduction does not result in an unsafe traffic condition.
(i) Attached Dwelling, Detached Dwelling and Duplex Lots
Direct Access to Collector Streets from Attached Dwellings, Detached Dwellings and Duplex Lots is prohibited except when the subject property has no other reasonable Access to the Street system and the City Engineer determines that Access can be safely accommodated.
(ii) Spacing from Signalized Intersections
All Driveways providing Access to Collector Streets shall be constructed so that the point of tangency of the curb return radius closest to a signalized or stop sign-controlled intersection is at least 300 feet from the perpendicular curb face of an intersecting Arterial Street or 250 feet from the perpendicular curb face of an intersecting Collector or Local Street.
(iii) Spacing from Other (Non-signalized) Access Points
All Driveways providing Access to Collector Streets shall be constructed so that the point of tangency of the curb return radius closest to a nonsignalized Street or Driveway intersection is at least 250 feet from the perpendicular curb face of the intersecting Street or Driveway.
(3) Waivers
(i) Waivers from these Access standards may be approved by the City Engineer if the City Engineer determines that the requested waiverwill not create a serious detriment to the safety or operation of traffic on the Street or roadway and only for infill or redevelopment projects where no other feasible option exists.
(ii) The burden of proof that the requested waiver will not create a serious detriment to the safety or operation of traffic on the Street or roadway will be on the applicant. The City Engineer may require that the applicant for a waiver submit a traffic impact study pursuant to Section (g)(1) if it is determined that such an analysis is necessary in order to render a competent decision on the requested waiver.
(iii) A Driveway Access allowed with a waiver shall be used only to serve an existing Detached Dwelling or business on the property and for no other purpose.
(iv) The action of the City Engineer in granting or denying a waiver under this section shall be reported on the agenda of the next meeting of the Planning Commission after the action. Any party aggrieved may appeal the grant or denial of a waiver to the City Commission in writing within 14 days of the Planning Commission meeting at which the item appears on the agenda. The waiver shall not become effective until the expiration of the 14 days appeal period or, in case of an appeal, until the City Commission has acted on the appeal.
(v) A Landowner granted an Access waiver shall submit a letter to the City Engineer acknowledging the waiver and the fact that if circumstances change such that the property can meet the city’s Access standards, the Access shall be immediately revised to comply with the city’s Access standards.
(f) Driveways per Parcel along Local and Residential Collector Streets
(1) Unless otherwise specifically restricted, one Driveway opening shall be allowed per 200 feet of continuous Street Frontage. At least one Driveway shall be permitted for any Lot.
(2) Parcel with 200 feet of Frontage or less may apply for a second Driveway if it is to be shared with an adjoining Parcel, provided that the required minimum spacing is maintained. In such cases, only one JointUse Driveway will be permitted.
(3) Alleys are permitted and preferred Access alternatives.
(g) Use of Joint-Use Driveways
(1) Joint-Use Driveways shall not be used as aisles for Access to Parking Spaces.
SECTION 2. Existing Chapter 20, Article 9, Section 20-915, of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, are hereby repealed in its entirety, it being the intent of the Governing Body that this ordinance supersede the repealed Code sections.
SECTION 3. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
SECTION 4. After passage, approval, and publication, as provided by law, this ordinance shall be in full force and effect commencing January 1, 2019.
PASSED by the Governing Body of the City of Lawrence, Kansas, this _ day of ________, 2018.
APPROVED:
___________________________________
Stuart Boley, Mayor
ATTEST:
__________________________________
Sherri Riedemann, City Clerk
APPROVED AS TO FORM:
__________________________________
Toni R. Wheeler, City Attorney