Planning Commission

AGENDA REGULAR MEETING CLEVELAND MUNICIPAL PLANNING COMMISSION TUESDAY, AUGUST 16, 2022, 6:00PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE Welcome and Roll Call of Members 1. Minutes July 19, 2022, Regular Minutes 2. Consent Agenda None 3. Old Business None 4. New Business a. request by Tonya Suits for approval of a preliminary plat for property located at Kings Den Drive (also described as Tax Map 039 Parcels 029.02 and 029.03) and located within the Agricultural Residential RA Zoning District. b. request by CT Properties for approval of a preliminary plat for property located at Freewill Road. (Also described as Tax Map 040 Parcel 078.00) and located within proposed PUD 34 Zoning District. c. request by CT Properties for approval of a preliminary plat for property located at New Murraytown Rd. (also described as Tax Map 040 Parcel 078.00) and located within the proposed PUD 34 Zoning District. d. request by Gail Hill Vann for consideration of an ordinance to zone about 0.53 acres, more or less, for property located on 4041 N. Ocoee St. from R1 Single Family Residential District to PI Professional Institutional District and includes Tax Map 042G Group A Parcel 002.00. e. request by City of Cleveland for consideration of an ordinance to amend the Cleveland Municipal Code, Title 14 Zoning Ordinance, Section 4.1.2 “A” sub number 1 in reference to requiring a meeting prior to the PUD application submittal.  f. request by City of Cleveland for consideration of an ordinance to amend the Cleveland Municipal Code, Title 14 Zoning Ordinance, Section 3.8 A. and 3.8 B to clarify accessory structures total maximum square footage per lot. g. request by City of Cleveland for consideration of an ordinance to amend the Cleveland Municipal Code, Title 14 Zoning Ordinance, Section 3.4.1 to include Sidewalk Construction Requirements for all development and redevelopment projects. 5. Chairman’s Report 6. Director’s Report 7. Adjourn  MINUTES REGULAR MEETING CLEVELAND MUNICIPAL PLANNING COMMISSION TUESDAY, JULY 19, 2022, 6:00PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE The regular meeting of the Cleveland Municipal Planning Commission was called to order at 6:00 P.M. by Tricia Pennington, Chairman. Commissioners present included Ben Berry, Clarke Taylor, Tiffani Sherlin, Bill Estes, Tricia Pennington, Jamie Creekmore, Alma Dotson and Blake Allison. Members absent included Maryl Elliott. Staff present included Erica Bevis, Planner, Darla Jenkins, Administrative Coordinator, Joel Prince, Planner/Codes Enforcement Supervisor, and Joe Fivas, City Manager. Legal Counsel present included John Kimball, Attorney for the City of Cleveland. There were no others present. The minutes of the June 21, 2022, regular meeting were presented for approval. Ben Berry made a motion to approve the June 21, 2022 minutes and Bill Estes seconded the motion. Blake Allison recused himself. A vote of 7-0 passed the motion. Yes-7 No-0 Recused-1 Absent-1 In the Consent Agenda, a. Request by Southeast Land Trust for approval of a preliminary plat for property located at Johnson Blvd SE (also described as Tax Map 058P Group H Parcel 007.00) and located within the R-2 Low Density R-2 Zoning District. Erica Bevis stated this item was a preliminary plat. They will utilize cluster zoning. There are no staff comments so it’s ready for your approval b. Request by Riverstone Construction for approval of a preliminary plat for property located at Michigan Ave. Rd. NE (also described as Tax Map 050 Parcel 014.01) and located within PUD 36 Zoning District. Erica Bevis stated this item is 7.72 acres utilizing PUD 36 zoning. They are platted as individual townhomes. There are no staff comments as well. Page 1 of 2 Clarke Taylor made a motion to approve the Consent Agenda and Jamie Creekmore seconded the motion. A vote of 8-0 passed the motion. Yes-8 No-0 Absent-1 There was no Old Business. There was no New Business. There was no Chairman’s Report. There was no Director’s Report. The meeting adjourned at 6:02 P.M. Page 2 of 2  Staff Report Case: SUB 2022-27 Creekside Estates Preliminary Plat (see Appendix for case materials) August 16, 2022 City of Cleveland Municipal Planning Commission Applicant: Tonya Suits Site Address: King Den Drive Tax Map: 034 029.02 and 029.03 Area: 4.22 Acres Current Zone: RA Residential Agricultural Request: Approval of Preliminary Plat Sewer/Water: Yes Council District: District 5-Dale R. Hughes PLANNING & DEVELOPMENT 1. Analysis The Preliminary Plat in question includes a total of 12 lots which are to be developed utilizing standards for RA Residential Agricultural Zoning. 2. Staff Recommendation APPROVE The submitted revision of Preliminary Plat meets the requirements of the City of Cleveland Subdivision regulations and Zoning Ordinance.  Staff Report Case: SUB 2022-28 Three Creeks Townhomes Preliminary Plat (see Appendix for case materials) August 16, 2022 City of Cleveland Municipal Planning Commission Applicant: CT Properties Site Address: Freewill Road Tax Map: 040 078.00 Area: 24.27 Acres Current Zone: Proposed PUD 34 Request: Approval of Preliminary Plat Sewer/Water: Yes Council District: District 3-Tom Cassada PLANNING & DEVELOPMENT 1. Analysis The Preliminary Plat in question includes a total of 56 townhome units and 1 triplex which are to be developed utilizing standards for PUD 34 Zoning. 2. Staff Recommendation APPROVE PENDING POS, ANNEXATION, AND REZONING APPROVAL BY COUNCIL AND STAFF COMMENTS The Preliminary Plat requires a minor revision before meeting requirements of the City of Cleveland Subdivision regulations and Zoning Ordinance. Staff Report Case: SUB 2022-29 Waterstone Subdivision Preliminary Plat (see Appendix for case materials) August 16, 2022 City of Cleveland Municipal Planning Commission Applicant: CT Properties Site Address: New Murraytown Road Tax Map: 040 078.00 Area: Acres Current Zone: Proposed PUD 34 Request: Approval of Preliminary Plat Sewer/Water: Yes Council District: District 3-Tom Cassada PLANNING & DEVELOPMENT 1. Analysis The Preliminary Plat in question includes a total of 38 lots containing Single Family detached homes which are to be developed utilizing standards for PUD 34 Zoning. 2. Staff Recommendation APPROVE PENDING POS, ANNEXATION, AND REZONING APPROVAL BY COUNCIL AND STAFF COMMENTS The submitted Preliminary Plat requires a few minor revisions before it meets the requirements of the City of Cleveland Subdivision regulations and Zoning Ordinance and PUD 34. Staff Report Case: ZON2022-23 3686 4041 N. Ocoee St. Rezoning (see Appendix for case materials) August 16, 2022 City of Cleveland Municipal Planning Commission Applicant: Gail Vann/Don Hill/Sandra Carlyle Site Address: 4041 N. Ocoee Street Tax Map: 042G A 002.00 Area: .54 acres Current Zone: Single-Family Residential Request: Approval of rezoning from R1 to PI Sewer/Water: Yes Council District: District 4 – David May Jr. PLANNING & DEVELOPMENT 1. Analysis The property in question consists of .54 acres of land. The property is currently zoned R1 Single Family residential and sits along the mid-town corridor. The surrounding property includes R1, CH, and PI zoning designations. While the area does have a neighborhood feel, staff can see a PI Rezoning working well for this lot without negatively impacting any residents. The applicant intends to repurpose the structure as an office building. This would tie in with the other professional offices already in existence along Ocoee Street. 2. Staff Recommendation APPROVE Staff recommends approval Exhibit A  Zoning Ordinance No. 2022-____ BE IT ORDAINED by the City Council of the City of Cleveland, in regular session assembled that the portion of property described herein be, and the same is hereby, re-zoned from R1 Single-Family Residential District to PI Professional Institutional District. Approximately .54 acres, more or less, located on Ocoee St. N as shown on the attached map. For reference, same property is being shown on Tax Map 042G Group A Parcel 002.00, in the Assessor’s Office for Bradley County, Tennessee BE IT FURTHER ORDAINED that all Ordinances in conflict herewith are repealed to the extent of said conflict. BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after its passage on final reading, the public welfare requiring it. APPROVED AS TO FORM: ____________________________ John F. Kimball, City Attorney SIGNED: _______________________ Kevin Brooks, Mayor _______________________ Shawn McKay, City Clerk  Staff Report Case: ZON2022-19 Zoning Ordinance Amendment (see Appendix for case materials) August 16, 2022 City of Cleveland Municipal Planning Commission Applicant: City of Cleveland Request: Amendment to Title 14 Zoning Ordinance, Section 4.1.2.A sub number 1 to require a pre-submittal meeting for PUDs PLANNING & DEVELOPMENT 1. Analysis The City of Cleveland has an existing section within the Zoning Ordinance which describes the PUD Process. City Staff would like to include a pre-submittal meeting with the applicant or their representative in advance of any submittal. This meeting would allow for comment from both sides on the scope, density, style, and other important criteria before any full-scale review takes place in preparation for the Planning Commission and City Council meetings. 2. Staff Recommendation APPROVE  2022- AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14 CHAPTER 2, ZONING REGULATIONS, BE AMENDED BY REVISING SECTION 4.1.2.A SUBNUMBER 1 IN REFERANCE TO REQUIRING A PRE-SUBMITTAL MEETING FOR PLANNED UNITS OF DEVELOPMENT (PUD): AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS the City Council of the City of Cleveland, Tennessee, having considered the comments of the Cleveland Municipal Planning Commission, has evaluated the intent of the language in the existing zoning ordinance concerning the requirement of a PUD pre- submittal meeting; and WHEREAS, the current ordinance does not require a PUD pre-submittal meeting, and WHEREAS the City Council has determined that the existing ordinance should be revised to amend the PUD conceptual plan process NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, Section 4.1.2.A sub number 1 be amended by requiring a pre-submittal meeting for Planned Units of Development (PUD): 4.1.2.A PUD Conceptual Plan Process The PUD Conceptual Plan process consists of the completion of an application and a conceptual plan by the applicant, a review and recommendation regarding the proposed conceptual plan by staff, and approval or denial by the Planning Commission. (1) PUD Conceptual Plan Application. The City of Cleveland or an owner of property within an area where the PUD is proposed to be applied may make application for the PUD Conceptual Plan approval. The area to which the PUD Conceptual Plan is to be applied shall be at least three (3) acres in size, or at least one (1) acre for a residential -only PUD. The application must contain a statement of justification based upon the purposes of the PUD as described above. The application must show the boundaries of the proposed PUD area on a tax map. The application must also identify for each parcel to be included: the property owner(s); current zoning; current use of the property. The application must include any existing deed restrictions or covenants affecting the proposed PUD area. The application must contain a PUD Conceptual Plan drawn by a professional engineer at a legible scale. The application must identify the proposed uses and locations of those uses; the uses may be a range of possible uses and they should be identified according to the classification contained in the North American Industrial Classification System (NAICS) for non-residential  uses. Residential uses should be identified by density and a description of the housing units (number of units, number of units per building, size of units, number of bedrooms, ownership structure [apartments, fee-simple townhome subdivision condominium, etc.] along with any common amenity features to be shared by residents. Prior to the acceptance of any application the City of Cleveland and an owner of the property, or their designee, must have a pre-submittal meeting concerning the area of the proposed PUD. Section 2. That all Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent necessary to implement this ordinance. Section 3. This ordinance shall take effect immediately upon passage on second reading, the public necessity requiring it. APPROVED AS TO FORM: ____________________________ John F. Kimball, City Attorney SIGNED: _______________________ Kevin Brooks, Mayor Staff Report Case: ZON2022-20 Zoning Ordinance Amendment (see Appendix for case materials) July 19, 2022 City of Cleveland Municipal Planning Commission Applicant: City of Cleveland Request: Amendment to Title 14 Zoning Ordinance, Section 3.8 A. and 3.8 B to clarify accessory structures total maximum square footage per lot. PLANNING & DEVELOPMENT 1. Analysis Accessory structures are common throughout neighborhoods and businesses in Cleveland. An accessory structure, by definition, is subordinate to the primary structure on the property. The current zoning ordinance caps out the maximum square footage at 1,000. Staff would like to clarify the language to reflect the intent that the maximum for all accessory structures on a site equal 1,000 square feet. 2. Staff Recommendation APPROVE  2022- AN ORDINANCE OF THE CITY OF CLEVELAND, TENNESSEE, PROVIDING THAT THE CLEVELAND MUNICIPAL CODE, TITLE 14, CHAPTER 2, ZONING REGULATIONS, BE AMENDED BY REVISING SECTION 3.8 IN REFERANCE TO AMENDING THE MAXIMUM TOTAL SQUARE FOOTAGE FOR ACCESSORY STRUCTURES: AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS the City Council of the City of Cleveland, Tennessee, having considered the comments of the Cleveland Municipal Planning Commission, has evaluated the intent of the language in the existing zoning ordinance concerning the maximum allowable square footage for accessory structures; and WHEREAS, the current required maximum square footage is now referenced within the zoning ordinance; and WHEREAS the City Council has determined that the existing ordinance should be revised to clarify the maximum square footage for accessory structures; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEVELAND, TENNESSEE: Section 1. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, Section 3.8.A. be amended by changing the total maximum square footage for accessory structures: 3.8. A. A. Accessory structures may be located on any parcel which has a permitted principal structure or development located in full compliance with the standards of this Ordinance, but this paragraph is not intended to prohibit otherwise lawful structures not ordinarily intended for human occupancy or the storage of goods (e.g., utility equipment buildings, fences, signs, and the like). The total area covered by accessory structures on any lot or parcel shall not exceed 10% of the total lot area. No accessory structure shall be placed on a lot so as to cause the total amount of impervious area on the lot to be increased beyond the maximum that is allowed for the  zoning district. No accessory structure of any type shall be located in a manner such that it interferes with a utility or utility easement or such that it presents a public safety problem, e.g., interfering with motorists' view of oncoming traffic, as determined by the Planning Director. At no time can the square footage of accessory structures on the site exceed 1,000 square feet as a total, if multiple structures are desired. Section 2. The Cleveland Municipal Code Title 14, Chapter 2, Zoning Regulations, Section 3.8.B. be amended by changing the total maximum square footage for accessory buildings: 3.8 B. Accessory Buildings (2) Accessory buildings shall be limited to two (2) stories in height. The total maximum square footage for accessory structure(s), combined on a site, is 1,000 square feet. Section 3. That all Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent necessary to implement this ordinance. Section 4. This ordinance shall take effect immediately upon passage on second reading, the public necessity requiring it. APPROVED AS TO FORM: ____________________________ John F. Kimball, City Attorney SIGNED: _______________________ Kevin Brooks, Mayor Staff Report Case: ZON2022-22 Zoning Ordinance Amendment (see Appendix for case materials) August 16, 2022 City of Cleveland Municipal Planning Commission Applicant: City of Cleveland Request: Amendment to Title 14 Zoning Ordinance, Section 3.4.1 to include Sidewalk Construction Requirements for all development and redevelopment projects. PLANNING & DEVELOPMENT 1. Analysis The construction of sidewalks improves pedestrian safety, expands opportunities for recreational walking and running activities, and provides a more cohesive neighborhood transportation network. The City of Cleveland works diligently to improve walkability and safety throughout the City through the use of grants and local funding sources. This ordinance will enhance the Cities ability to apply and gain approval for future sidewalks and greenways. The City of Cleveland currently requires sidewalk construction through the Planned Unit Development (PUD) zoning process and in all cluster developments. Many municipalities in the surrounding area require sidewalk construction as a part of any new development or redevelopment. This ordinance requires sidewalk construction and right-of-way dedication for residential, commercial, and industrial developments across the City. It also offers the option of a payment of a fee in lieu of construction which can be used by the City for future sidewalk improvements. 2. Staff Recommendation APPROVE SIDEWALK CONSTRUCTION State Law reference— Authority to construct, improve streets, sidewalks, public ways, assess costs therefor, T.C.A. § 7-32-101 et seq. 3.4.1 Subdivision I. – Sidewalk Construction- In General . 1. - Definitions. (a) The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Curbline- means the inside edge of the top of a curb. Principal Structure- means a structure in which is conducted the principal uses of the lot on which it is situated. In any residential or agricultural district, any dwelling shall be deemed the principal structure on the lot on which the same is situated. Carports and garages, if permanently attached to the principal structure, shall be deemed a part of the principal structure. Awnings, porches, patios, or similar attachments shall be deemed a part of the principal structure. Principal Use- means the specific primary purpose for which land or a building is used or is intended to be used. Roadway- means the actual road surface including necessary road shoulders and drainage facilities, including ditches and curbs and gutters, which is used to transport motor vehicles. Sidewalk- means that portion of a street between the curb-lines, or if there are no curb-lines, the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians. Street- means any public way or part thereof, including but not limited to a boulevard, avenue, highway, road, lane or alley. Director- means Director of Engineering & Development. (b) For the purpose of this division, when not inconsistent with the context, the term "structure" includes the term "building;" the term "lot" includes the term "plot" or "parcel;" and whenever a provision or section requires the head of a department or some other city official to do some act or perform some duty, it shall be construed to authorize the head of the department or other official to designate, delegate and authorize subordinates to perform the required act or perform the duty, unless the terms of the provision or section specify otherwise. 2. - Purpose (a) The Mayor and City Council finds and declares that the construction of sidewalks improves pedestrian safety; expands opportunities for recreational walking and running activities; provides more cohesive neighborhoods; that the National Cooperative Highway Research program determined that pedestrians are significantly less likely to be struck by car while walking on a sidewalk along a street; and that "A Policy on Geometric Design of Highways and Streets" by the American Association of State Highway and Transportation Officials notes that sidewalks are an essential part of city streets. (b) The purpose of this division is to establish the general requirement to construct sidewalks along streets, and to provide a comprehensive system of sidewalks within the city to promote the health, safety, and welfare of the inhabitants of the city. 3.4.2 - Single-Family Houses and Duplexes Exempt from Division. Improvement, renovation, or repair of a single-family house or duplex shall be exempt from the requirements of this division. 3.4.3 - Contractor's bond prerequisite. The Director, or his designee, may request a bond in an amount necessary to indemnify the city against loss or damage for injury to person or property due to the prosecution of work under this division and to bind such contractor to comply with the terms of this chapter. 3.4.4 - Authority to require construction or repair by abutting owner. The City Council or Planning Commission, whenever it is deemed necessary for the public welfare, may require the owner of any lot or part of lot in the city fronting upon any public street to construct and keep in repair a good and substantial sidewalk or travel way along the whole street frontage of his lot, of a width and materials prescribed by the board. 3.4.5 - Notice to owner to construct or repair. When a person is instructed by resolution by the City Council or the Planning Commission to construct or repair a sidewalk, the Director, or his designee, shall give such person written notice stating the action of the board and specifically setting forth the work to be done and the length of time within which the work shall be done, provided that the time fixed shall not be less than 60 days. 3.4.6 - Effect of noncompliance with notice. If the owner of a lot shall refuse to build or repair sidewalks or foot pavements within the time required by the notice required in this division and in accordance therewith, the City Council, through the Director, or his designee, may contract for the construction or repair of the sidewalk and shall pay the cost thereof out of the street fund. The cost of such work shall, from the date work is begun, constitute a lien on the property, such lien to be equal in dignity to liens for the city property tax. Such lien may be enforced by attachments at law or in equity or in the manner provided in the Charter. The city attorney shall enforce the lien. 3.4.7 - Suit for amounts paid as costs. The amount paid by the city may be recovered against such owner by suit before any court of competent jurisdiction. 3.4.8 - Reserved. 3.4.9 - Subdivision II. - Sidewalks - General requirements. (a) Sidewalks, curb, and gutter shall be constructed along the street frontage whenever a new principal structure is built or erected, or the property improvements equal over 50% of the value of facility or building, except for limited access highways or industrial construction. (b) The construction of required sidewalks shall be completed, or if applicable, a fee in lieu of construction paid before a certificate of occupancy shall be issued by the building official. (c) When the City Council or Planning Commission has adopted a Corridor ROW Plan for any city corridor, any property owner who is constructing a structure or the property improvements equal over 50% of the value of facility or building, shall dedicate the needed ROW according to the Corridor ROW Plan, before a certificate of occupancy is issued by the building official. 3.4.10 - Fee in lieu of construction. (a) Except as otherwise provided herein, when a sidewalk is required to be constructed, the Director, or his designee, may waive the requirement and permit the payment of a fee in lieu of construction after considering: (1) Pedestrian safety, school locations, connection to existing sidewalks, and other engineering and community concerns; or (2) When it would be in the best interest of the city that sidewalk construction be postponed due to pending street or utility construction. (b) Applicants must make a written request to the Director, or his designee, for a waiver. If a waiver is granted, a fee will be assessed in lieu of constructing the sidewalk. The fee shall be based on the market price of the construction of the sidewalk plus 20 percent as determined by the Director, or his designee. The market price for sidewalk construction shall be reviewed and adjusted every year by the Director. (c) In the event a fee in lieu of constructing a sidewalk is approved, the property owner shall provide to the city in a form approved by the city attorney a recorded easement for street right-of-way, which may include future development of the sidewalk. (d) Grading shall be done in preparation for future sidewalks or pedestrian pathways. (e) The fee shall be paid in full before a certificate of occupancy is issued. Fees collected will go into a city fund dedicated to sidewalk, pedestrian pathway, and greenway construction. Disbursal from such fund is not geographically constrained, and may be used to install sidewalks anywhere in the city. (f) Such waiver and payment in lieu of construction is not permitted when one or more of the following circumstances exist: (1) The location is specified for sidewalks in the city's adopted sidewalk plan; (2) The location is within 1,000 feet (street distance) of an existing sidewalk on the same side of the street; (3) The development is expected to generate significant numbers of pedestrians. Examples include, but are not limited to, schools, day care centers, office buildings, churches, multifamily residential buildings, and other residential facilities such as group homes, nursing homes and residential homes for the aged; (4) The development contains retail uses expected to attract customers from residences, retail area, places of employment, or places of public assembly within 1,500 feet of the development; (5) The development is within 1,500 feet (street distance) of a regular city transit stop; or (6) The new development is within one-half mile (street distance) of an existing or proposed school. 3.4.11 - Design and construction standards. Design and construction details of required sidewalks shall be included with the development or access site plan. The Director, or his designee, shall review and approve the plans prior to the issuance of a building permit by the building official. Except as otherwise provided in section 3.4.16 sidewalks shall be constructed in accordance with the general requirements and standards of sidewalk design in the city's design standards. The Director, or his designee, shall be responsible for inspection of sidewalks during construction. Completion of sidewalk construction shall be required to the satisfaction of the Director, or his designee, before a certificate of occupancy will be issued. 3.4.12 - Insufficient right-of-way. When there is insufficient street right-of-way for the construction of a required sidewalk, the dedication of an additional right-of-way for street use including a sidewalk and drainage easement shall be required of the developer. The width of the easement shall be determined by the Director, or his designee. A deed of easement for the street right-of-way shall be provided by the property owner to the city in a form approved by the city attorney, and shall stipulate guarantee public access in perpetuity and be recorded with the appropriate county register of deeds. 3.4.13 - ADA and transit requirements. All sidewalks built privately or by the city shall conform to the Americans with Disabilities Act Accessibility Guidelines in effect at the time of construction. 3.4.14 - Building permits and certificates of occupancy. No building permits shall be issued by the building official until the sidewalk requirements, as set forth herein, have been met and included in the approved development site plan. Certificates of occupancy shall be issued only after all plan requirements have been met and fully completed. 3.4.15 - Alternative method of pedestrian mobility. (a) In certain circumstances it may be desirable that an alternative method of pedestrian mobility be substituted for standard sidewalk construction. These alternative methods can include the installation of walking paths, greenways, bike paths or trails, or similar modes of nonvehicular mobility. Alternative surfaces may be considered for such alternative methods, subject to approval by the Director. The following provisions shall apply for the approval of alternative methods for the provision of pedestrian mobility: (1) The property owner shall submit a written request for provision of alternative method of pedestrian mobility to the Director, or his designee. The request shall specify the method proposed as a substitute for sidewalk installation. A site plan depicting the location and dimensions of the alternative method of pedestrian mobility, and any other information deemed necessary by the Director, or his designee, shall be included with the request; and (2) The request for an alternative method shall be consistent with the sidewalk plan and shall be submitted to the planning commission for approval or rejection. 3.4.16 - Sidewalk reconstruction required. Where a principal structure is constructed or erected along an existing street, sidewalk construction is required along all streets adjacent to that property. If sidewalks exist where development or redevelopment is occurring but their width or condition renders them substandard, in the opinion of the Director applying the city's design standards, then the developer of the principal structure shall reconstruct the sidewalk following the guidelines and requirements of this division. 3.4.17- Design deviation. (a) In certain circumstances it may be necessary to adjust the standards for sidewalk construction to conform to the unique characteristics of a site. Economic benefit alone is not sufficient grounds for deviation from the standard for sidewalk construction. Unusual or exceptional topography, physical or natural characteristics must be present at the site to justify a design deviation. Any deviation from established sidewalk design standards must be reviewed and approved by the Director, or his designee. The burden of proof shall be on the applicant to demonstrate that the criteria, set out hereinafter, are satisfied before a design deviation may be granted. In considering a request for design deviation the Director, or his designee, and the planning commission shall apply the following criteria, all of which must be satisfied before a design deviation may be granted: (1) There must be exceptional physical conditions such as rock, extreme slope or other natural or manmade obstacles existing; (2) The condition must cause the installation of a standard sidewalk be extremely difficult or prohibitively expensive considering the present or future need for the sidewalk balanced with the additional cost for installation; (3) The design deviation shall be the minimum adjustment necessary and every attempt shall be made to ensure that the needs of pedestrians are accommodated to the maximum extent possible; and (4) The design deviation must not be injurious to the neighborhood or detrimental to the public safety and welfare. (b) A design deviation does not include the waiver of sidewalk construction, unless a fee in lieu of construction permitted under section 90-185 is approved.