This chapter contains standards and procedures for both public
transportation facilities and public utilities. Transportation facilities
include elements of the public right-of-way such as streets, sidewalks,
bicycle lanes, street trees, and benches. Public utilities include
water, sewer, and storm infrastructure. Collectively, transportation
facilities and public utilities are referred to as "public facilities."
Public facilities that are built as a requirement of this chapter
shall be designed and constructed in accordance with the Public Works
Standards.
The main focus of this chapter is to ensure the provision of
safe, convenient, and adequate public transportation facilities consistent
with the adopted City of Milwaukie Transportation System Plan (TSP).
The TSP outlines the community's vision for transportation facilities,
which, among other things, includes a desire for complete streets
with a multimodal emphasis. This chapter implements that vision by
addressing the need for Transportation facility improvements in a
way that is consistent and equitable.
Provisions of this chapter coordinate with Title
12 Streets, Sidewalks, and Public Places, Chapter
13.28 Capital Improvements, Chapter
13.30 Reimbursement Districts, and Chapter
15.36 Public Works Standards. Any conflict between this chapter and another shall be resolved by administrative determination of the Engineering Director and Planning Director, as appropriate. Where the conditions imposed by any provision of this title are less restrictive than comparable conditions imposed by another provision of this title or any other ordinance, resolution, or regulation, the provision which is most restrictive shall govern. Unless specifically defined in Section 19.201, words or phrases used in this chapter are intended to be interpreted with the meaning they have in common usage to give this chapter its most reasonable application.
The purpose of Chapter
19.700 is to ensure that development, including redevelopment, provides public facilities that are safe, convenient, and adequate in rough proportion to their public facility impacts. The purposes of this chapter include the following:
(Ord. 2025 § 2, 2011)
A. Provide standards and procedures to implement provisions of the State
Transportation Planning Rule (OAR 660, Division 12) and local, regional,
and state transportation system plans.
B. Protect the functional classification, capacity, and level of service
of transportation facilities.
C. Ensure that transportation facility improvements are provided in
rough proportion to Development impacts.
D. Provide an equitable and consistent method of requiring transportation
facility improvements.
E. Ensure that transportation facility improvements accommodate multiple
modes of travel, including pedestrian, bicycle, transit, and auto.
A. Ensure that public facility improvements are safe, convenient, and
adequate.
B. Ensure that public facility improvements are designed and constructed
to City standards in a timely manner.
C. Ensure that the expenditure of public monies for public facility
improvements is minimized when improvements are needed for private
development.
D. Ensure that public facility improvements meet the City of Milwaukie
Comprehensive Plan goals and policies.
(Ord. 2025 § 2, 2011; Ord. 2059 § 2, 2013; Ord. 2140 § 2, 2017; Ord. 2218 § 2 (Exh. B), 2022)
Chapter
19.700 applies to the following types of development in all zones:
E. Modification or expansion of an existing structure or a change or
intensification in use that results in any one of the following. See
Subsections 19.702.2-3 for specific applicability provisions for single
detached residential development and development in downtown zones.
2. Any increase in gross floor area.
3. Any projected increase in vehicle trips, as determined by the City
Engineer.
Chapter
19.700 applies to single detached and duplex residential expansions as described below. The City has determined that the following requirements are roughly proportional to the impacts resulting from single detached and duplex residential expansions.
A. For expansions or conversions that increase the combined gross floor area of all structures (excluding nonhabitable accessory structures and garages) by 1,500 sq ft or more, all of Chapter
19.700 applies.
B. For expansions or conversions that increase the combined gross floor
area of all structures (excluding nonhabitable accessory structures
and garages) by at least 800 sq ft, but not more than 1,499 sq ft,
right-of-way dedication may be required pursuant to the street design
standards and guidelines contained in Subsection 19.708.2.
C. For expansions or conversions that increase the combined gross floor area of all structures (excluding nonhabitable accessory structures and garages) by less than 800 sq ft, none of Chapter
19.700 applies.
D. Single detached and duplex residential expansions shall provide adequate
public utilities as determined by the City Engineer pursuant to Section
19.709.
E. Construction or expansion of garage and carport structures shall comply with the requirements of Chapter
12.16 Access Management. Existing nonconforming accesses may not go further out of conformance and shall be brought closer into conformance to the greatest extent possible.
A. Purpose
The purpose of the specific exemptions for some types of development
in downtown Milwaukie is to encourage new uses in, and revitalization
of, existing structures in downtown and to recognize that the transportation
infrastructure in downtown is more complete than in other areas of
the city.
B. Exemptions
1. For expansions or conversions that increase the combined gross floor
area of all structures by 1,500 sq ft or less, frontage improvements
are exempt, as described in the approval criterion of Subsection 19.703.3.B.
2. For changes of use, Chapter
19.700 applies. Frontage improvements for these increases in floor area are exempt, as described in Subsection 19.703.3.B.
C. Limitation to Exemptions
No more than one exempt increase in gross floor area, as described
in Subsection 19.702.3.B.1, is allowed every 5 years. The 5-year period
starts from the date the City issues an occupancy permit or final
inspection for the expanded or converted development.
Chapter
19.700 applies to subsequent development that would exceed this limitation as follows.
1. Subsequent development is exempt per Subsection 19.702.3.B.1 if the
total floor area of the initial development and subsequent development
does not exceed 1,500 sq ft.
2. Subsequent development is not exempt per Subsection 19.702.3.B.1 if the total floor area of the initial development and subsequent development is greater than 1,500 sq ft. Review per Chapter
19.700 is based on all floor areas that are involved with the Development.
Chapter
19.700 does not apply to the following types of development in all zones:
A. Modifications to existing single detached and duplex residential
structures that do not result in an increase in gross floor area.
B. Construction or expansion of nonhabitable residential detached accessory
structures. Garage and carport construction or expansions are only
partially exempt. See Subsection 19.702.2.E above.
C. Property line adjustments.
D. Redevelopment of a structure following partial or total accidental
destruction when all of the following criteria are met:
1. The redeveloped structure has a gross floor area no larger than the
structure that was destroyed.
2. The use of the structure remains the same as the use that existed
before the structure was destroyed.
3. A building permit is submitted and approved by the City within 2
years of the date of accidental destruction.
If redevelopment of a structure following accidental destruction does not meet all three of these criteria, the redeveloped structure shall be subject to Subsections 19.702.1. and 2 as applicable. Redevelopment of a structure following nonaccidental destruction shall constitute new construction and is not exempt from Chapter 19.700.
|
E. Operation, maintenance, and repair of existing public facilities.
F. Public capital improvement projects.
(Ord. 2025 § 2, 2011; Ord. 2051 § 2, 2012; Ord. 2059 § 2, 2013; Ord. 2140 § 2, 2017)
For all proposed development that requires a land use application and is subject to Chapter
19.700 per Section 19.702, the applicant shall schedule a preapplication conference with the City prior to submittal of the land use application. The Engineering Director may waive this requirement for proposals that are not complex.
For all proposed development that is subject to Chapter
19.700 per Section 19.702, one of the following types of applications is required.
A. Development Permit Application
If the proposed development does not require a land use application, compliance with Chapter
19.700 will be reviewed as part of the development permit application submittal.
B. Transportation Facilities Review (TFR) Land Use Application
If the proposed development triggers a transportation impact study (TIS) per Section 19.704, a TFR land use application shall be required. Compliance with Chapter
19.700 will be reviewed as part of the TFR application submittal and will be subject to a Type II review process as set forth in Section 19.1005. The TFR application shall be consolidated with, and processed concurrently with, any other required land use applications.
If the proposed development does not trigger a TIS per Section 19.704, but does require the submittal of other land use applications, compliance with Chapter
19.700 will be reviewed during the review of the other land use applications.
For all proposed development that is subject to Chapter
19.700 per Section 19.702, the required development permit and/or land use application shall demonstrate compliance with the following approval criteria at the time of submittal.
A. Procedures, Requirements, and Standards
Development and related public facility improvements shall comply with procedures, requirements, and standards of Chapter
19.700 and the Public Works Standards.
B. Transportation Facility Improvements
Development shall provide transportation improvements and mitigation at the time of development in rough proportion to the potential impacts of the development per Section 19.705 Rough Proportionality, except as allowed by Chapter
13.32 Fee in Lieu of Construction.
Development in downtown zones that is exempt per Subsection
19.702.3.B shall only be required to provide transportation improvements
that are identified by a Transportation Impact Study as necessary
to mitigate the development's transportation impacts. Such development
is not required to provide on-site frontage improvements.
C. Safety and Functionality Standards
The City will not issue any development permits unless the proposed
development complies with the City's basic safety and functionality
standards, the purpose of which is to ensure that development does
not occur in areas where the surrounding public facilities are inadequate.
Upon submittal of a development permit application, an applicant shall
demonstrate that the development property has or will have all of
the following:
1. Adequate street drainage, as determined by the Engineering Director.
2. Safe access and clear vision at intersections, as determined by the
Engineering Director.
3. Adequate public utilities, as determined by the Engineering Director.
4. Access onto a public street with the minimum paved widths as stated
in Subsection 19.703.3.C.5 below.
5. Adequate frontage improvements as follows:
a.
For local streets, a minimum paved width of 16 ft along the
site's frontage.
b.
For nonlocal streets, a minimum paved width of 20 ft along the
site's frontage.
c.
For all streets, a minimum horizontal right-of-way clearance
of 20 ft along the site's frontage.
6. Compliance with Level of Service D for all intersections impacted
by the development, except those on Oregon Highway 99E that shall
be subject to the following:
a.
Level of Service F for the first hour of the morning or evening
2-hour peak period.
b.
Level of Service E for the second hour of the morning or evening
2-hour peak period.
There are 4 key determinations related to transportation facility
improvements that occur during the processing of a development permit
or land use application. These determinations are described below
in the order in which they occur in the review process. They are also
shown in Figure 19.703.4. In making these determinations, the City
Engineer will take the goals and policies of the TSP into consideration
and use the criteria and guidelines in this chapter.
A. Impact Evaluation
For development that is subject to Chapter
19.700 per Subsection 19.702.1, the City Engineer will determine whether the proposed development has impacts to the transportation system pursuant to Section 19.704. Pursuant to Subsection 19.704.1, the City Engineer will also determine whether a Transportation Impact Study (TIS) is required, or for smaller developments, if an Access Study or Transportation Memo is sufficient. If a TIS is required, a transportation facilities review land use application shall be submitted pursuant to Subsection 19.703.2.B.
For development that is subject to Chapter
19.700 per Subsection 19.702.2, the City has determined that there could be impacts to the transportation system if the proposed single detached residential expansion/conversion is greater than 800 sq ft.
B. Street Design
Given the City's existing development pattern, it is expected
that most transportation facility improvements will involve existing
streets and/or will serve infill development. To ensure that required
improvements are safe and relate to existing street and Development
conditions, the City Engineer will determine the most appropriate
street design cross section using the standards and guidelines contained
in Section 19.708 or in conformance to the Public Works Standards.
On-site frontage improvements are not required for downtown development
that is exempt per SubSection 19.702.3.B.
C. Proportional Improvements
When transportation facility improvements are required pursuant
to this chapter, the City Engineer will conduct a proportionality
analysis pursuant to Section 19.705 to determine the level of improvements
that are roughly proportional to the level of potential impacts from
the proposed development. Guidelines for conducting a proportionality
analysis are contained in Subsection 19.705.2.
D. Fee in Lieu of Construction (FILOC)
If transportation facility improvements are required and determined to be proportional, the City will require construction of the improvements at the time of development. However, the applicant may request to pay a fee in lieu of constructing the required transportation facility improvements. The City Engineer will approve or deny such requests using the criteria for making FILOC determinations found in Chapter
13.32 Fee in Lieu of Construction.
A. Variances
Relief from any transportation facility improvement requirement
in Section 19.708 may be granted through a variance process, which
requires submittal and approval of a Variance land use application.
Variance criteria and procedures are located in Section 19.911.
B. Appeals
Appeal of a land use decision is subject to the provisions of
Chapter 19.1009. Appeal of a rough proportionality determination (Subsection
19.702.2 and Section 19.705) or street design standard determination
(Subsection 19.708.2) not associated with a land use decision is subject
to the provisions of Section 19.1006 Type III Review.
The Engineering Director will determine whether a proposed development
has impacts on the transportation system by using existing transportation
data. If the Engineering Director cannot properly evaluate a proposed
development's impacts without a more Detailed study, a transportation
impact study (TIS) will be required to evaluate the adequacy of the
transportation system to serve the proposed development and determine
proportionate mitigation of impacts. The TIS determination process
and requirements are detailed below.
(Ord. 2025 § 2, 2011; Ord. 2218 § 2 (Exh. B), 2022)
A. Based on information provided by the applicant about the proposed
development, the Engineering Director will determine when a TIS is
required and will consider the following when making that determination.
1. Changes in land use designation, zoning designation, or development
standard.
2. Changes in use or intensity of use.
3. Projected increase in trip generation.
4. Potential impacts to residential areas and local streets.
5. Potential impacts to priority pedestrian and bicycle routes, including,
but not limited to, school routes and multimodal street improvements
identified in the TSP.
6. Potential impacts to intersection level of service (LOS).
B. It is the responsibility of the applicant to provide enough detailed
information for the Engineering Director to make a TIS determination.
C. A TIS determination is not a land use action and may not be appealed.
A. All transportation impact studies, including neighborhood through-trip
and access studies, shall be prepared and certified by a registered
Traffic or Civil Engineer in the State of Oregon.
B. Prior to TIS scope preparation and review, the applicant shall pay
to the City the fees and deposits associated with TIS scope preparation
and review in accordance with the adopted fee schedule. The City's
costs associated with TIS scope preparation and review will be charged
against the respective deposits. Additional funds may be required
if actual costs exceed deposit amounts. Any unused deposit funds will
be refunded to the applicant upon final billing.
C. The TIS shall be submitted with a transportation facilities review
(TFR) land use application pursuant to Subsection 19.703.2.B and associated
application materials pursuant to SubSection 19.703.3. The City will
not accept a TFR application for processing if it does not include
the required TIS. The City will not accept other associated land use
applications for processing if they are not accompanied by the required
TFR application.
D. The Engineering Director may require a TIS review conference with
the applicant to discuss the information provided in the TIS. This
conference would be in addition to the required preapplication conference
pursuant to Subsection 19.703.1. If such a conference is required,
the City will not accept the TFR application for processing until
the conference has taken place. The applicant shall pay the TIS review
conference fee at the time of conference scheduling, in accordance
with the adopted fee schedule.
E. The City may attach conditions of approval to land use decisions
as needed to satisfy the transportation facility requirements of Section
19.708 and to mitigate transportation impacts identified in the TIS.
A. TIS Scope
The Engineering Director shall determine the study area, study
intersections, trip rates, traffic distribution, and required content
of the TIS based on information provided by the applicant about the
proposed development.
1. The study area will generally comprise an area within a ½-mile
radius of the Development site. If the Engineering Director determines
that development impacts may extend more than ½ mile from the
development site, a larger study area may be required.
2. If notice to ODOT or Clackamas County is required pursuant to Section
19.707, the City will coordinate with these agencies to provide a
comprehensive TIS scope.
B. TIS Content
A project-specific TIS checklist will be provided by the City
once the Engineering Director has determined the TIS scope. A TIS
shall include all of the following elements, unless waived by the
Engineering Director.
1. Introduction and Summary
This section should include existing and projected trip generation
including vehicular trips and mitigation of approved development not
built to date; existing level and proposed level of service standard
for City and County streets and volume to capacity for State roads;
project build year and average growth in traffic between traffic count
year and build year; summary of transportation operations; proposed
mitigation(s); and traffic queuing and delays at study area intersections.
2. Existing Conditions
This section should include a study area description, including
existing study intersection level of service.
3. Impacts
This section should include the proposed site plan, evaluation
of the proposed site plan, and a project-related trip analysis. A
figure showing the assumed future year roadway network (number and
type of lanes at each intersection) should also be provided.
4. Mitigation
This section should include proposed site and areawide specific
mitigation measures. Mitigation measures shall be roughly proportional
to potential impacts pursuant to Section 19.705.
5. Appendix
This section should include traffic counts, capacity calculations,
warrant analysis, and any information necessary to convey a complete
understanding of the technical adequacy of the TIS.
C. TIS Methodology
The City will include the required TIS methodology with the
TIS scope.
D. Neighborhood Through-Trip Study
Any nonresidential development projected to add more than 25
through-vehicles per day to an adjacent residential local street or
neighborhood route will require assessment and mitigation of residential
street impacts. Through-trips are defined as those to and from a proposed
development that have neither an origin nor a destination in the neighborhood.
The through-trip study shall include all of the following:
1. Existing number of through-trips per day on adjacent residential
local streets or neighborhood routes.
2. Projected number of through-trips per day on adjacent residential
local streets or neighborhood routes that will be added by the proposed
development.
3. Traffic management strategies to mitigate for the impacts of projected
through-trips consistent with Section 19.705 Rough Proportionality
and Subsection 19.704.4 Mitigation.
A. Transportation impacts must be mitigated at the time of development
when the TIS identifies an increase in demand for vehicular, pedestrian,
bicycle, or transit transportation facilities within the study area.
With phased developments, transportation impacts must be mitigated
at the time that particular phase of development identified in the
TIS creates the need for the improvements to occur.
B. The following measures may be used to meet mitigation requirements. Other mitigation measures may be suggested by the applicant or recommended by a state authority (e.g., ODOT) in circumstances where a state facility will be impacted by a proposed development. The City Engineer or other decision-making body, as identified in Chapter
19.1000, shall determine if the proposed mitigation measures are adequate.
1. On-and off-site improvements beyond required frontage improvements.
2. Development of a transportation demand management program.
3. Payment of a fee in lieu of construction.
4. Correction of off-site transportation deficiencies within the study
area that are not substantially related to development impacts.
5. Construction of on-site facilities or facilities located within the
right-of-way adjoining the development site that exceed minimum required
standards and that have a transportation benefit to the public.
The purpose of this section is to ensure that required transportation
facility improvements are roughly proportional to the potential impacts
of the proposed development. The rough proportionality requirements
of this section apply to both frontage and off-site, or nonfrontage,
improvements. A rough proportionality determination may be appealed
pursuant to Subsection 19.703.5.
The Engineering Director will conduct a proportionality analysis
for any proposed Development that triggers transportation facility
improvements per this chapter, with the exception of development subject
to Subsection 19.702.2. The Engineering Director may conduct a proportionality
analysis for development that triggers transportation facility improvements
per Subsection 19.702.2.
When conducting a proportionality analysis for frontage improvements,
the Engineering Director will not consider prior use for the portion
of the proposed development that involves new construction. The Engineering
Director will, however, consider any benefits that are estimated to
accrue to the development property as a result of any required transportation
facility improvements.
The following general provisions apply whenever a proportionality
analysis is conducted.
(Ord. 2025 § 2, 2011)
Mitigation of impacts, due to increased demand for transportation
facilities associated with the proposed development, shall be provided
in rough proportion to the transportation impacts of the proposed
development. When a TIS is required, potential impacts will be determined
in accordance with Section 19.704. When no TIS is required, potential
impacts will be determined by the Engineering Director.
The following shall be considered when determining proportional
improvements:
A. Condition and capacity of existing facilities within the impact area
in relation to City standards. The impact area is generally defined
as the area within a 1/2-mile radius of the proposed Development.
If a TIS is required pursuant to Section 19.704, the impact area is
the TIS study area.
B. Existing vehicle, bicycle, pedestrian, and transit use within the
impact area.
C. The effect of increased demand associated with the proposed development
on transportation facilities and on other approved, but not yet constructed,
development projects within the impact area.
D. The most recent use when a change in use is proposed that does not
involve new Construction.
E. Applicable TSP goals, policies, and plans.
F. Whether any route affected by increased transportation demand within
the impact area is listed in any City program including, but not limited
to, school trip safety, neighborhood traffic management, capital improvement,
and system development improvement.
G. Accident history within the impact area.
H. Potential increased safety risks to transportation facility users,
including pedestrians and cyclists.
I. Potential benefit the development property will receive as a result
of the construction of any required transportation facility improvements.
J. Other considerations as may be identified in the review process.
(Ord. 2025 § 2, 2011; Ord. 2112 § 2 (Exh. B), 2015)
In addition to the general notice provisions set forth in Chapter
19.1000 for land use applications, the City shall provide notice of applications that are subject to Chapter
19.700 to the following agencies:
A. Oregon Department of Transportation (ODOT): If the proposed development
generates more than 100 vehicle trips per day, is within 200 ft of
a State highway, or is within 1,320 ft of a State highway interchange
ramp.
B. ODOT Rail Division: If the proposed development is within 300 ft
of a public railroad crossing or if a modification is proposed to
an existing public railroad crossing. Private crossing improvements
are subject to review and licensing by the private rail service provider.
C. Metro and Clackamas County: If the proposed development is within
200 ft of a designated arterial or collector roadway, as identified
in Figure 8-1 of the TSP.
D. Metro: If the proposed development is within 200 ft of a designated
regional multiuse trail, as identified in the Regional Transportation
Plan.
E. TriMet: If the proposed development (excluding single-family development
on an existing lot) is within 200 ft of an existing or proposed transit
route as identified on the current TriMet service map and Figure 7-3
of the TSP.
The City shall coordinate application review and land use findings
and conditions, if any, with the agencies listed above. The City shall
include the deadline for review comments in its notice. Agencies shall
indicate in their comments if additional public facility permits or
approvals are required through their agency separate from City permits
and approvals.
This section contains the City's requirements and standards
for improvements to public streets, including pedestrian, bicycle,
and transit facilities. For ease of reading, the more common term
"street" is used more frequently than the more technical terms "public
right-of-way" or "right-of-way." As used in this section, however,
all three terms have the same meaning.
The City recognizes the importance of balancing the need for
improved transportation facilities with the need to ensure that required
improvements are fair and proportional. The City also acknowledges
the value in providing street design standards that are both objective
and flexible. Objective standards allow for consistency of design
and provide some measure of certainty for developers and property
owners. Flexibility, on the other hand, gives the City the ability
to design streets that are safe and that respond to existing street
and development conditions in a way that preserves neighborhood character.
The City's street design standards are based on the street classification
system described in the TSP. Figure 8-1 of the TSP identifies the
functional street classification for every street in the City and
Figure 10-1 identifies the type and size of street elements that may
be appropriate for any given street based on its classification.
(Ord. 2025 § 2, 2011; Ord. 2051 § 2, 2012; Ord. 2059 § 2, 2013; Ord. 2106 § 2 (Exh. F), 2015; Ord. 2110 § 2 (Exh. G), 2015; Ord. 2112 § 2 (Exh. B), 2015; Ord. 2168 § 2, 2019; Ord. 2218 § 2 (Exh. B), 2022)
A. Access Management
All development subject to Chapter
19.700 shall comply with access management standards contained in Chapter
12.16.
B. Clear Vision
All development subject to Chapter
19.700 shall comply with clear vision standards contained in Chapter
12.24.
C. Development in Downtown Zones
Street design standards and right-of-way dedication for the
downtown zones are subject to the requirements of the Milwaukie Public
Works Standards, which implement the streetscape design of the Milwaukie
Downtown and Riverfront Plan: Public Area Requirements (PAR). Unless
specifically stated otherwise, the standards in Section 19.708 do
not apply to development located in the downtown zones or on street
sections shown in the PAR per Subsection 19.304.6.
D. Development in Non-Downtown Zones
Development in a non-downtown zone that has frontage on a street
section shown in the PAR is subject to the requirements of the Milwaukie
Public Works Standards, which implements the street design standards
and right-of-way dedication requirements contained in the PAR for
that street frontage. The following general provisions apply only
to street frontages that are not shown in the PAR and for Development
that is not in any of the downtown zones listed in Subsection 19.708.1.C
above:
1. Streets shall be designed and improved in accordance with the standards
of this chapter and the Public Works Standards. ODOT facilities shall
be designed consistent with State and federal standards. County facilities
shall be designed consistent with County standards.
2. Streets shall be designed according to their functional classification
per Figure 8-3b of the TSP.
3. Street right-of-way shall be dedicated to the public for street purposes
in accordance with Subsection 19.708.2. Right-of-way shall be dedicated
at the corners of street Intersections to accommodate the required
turning radii and transportation facilities in accordance with Section
19.708 and the Public Works Standards. Additional dedication may be
required at intersections for improvements identified by the TSP or
a required transportation impact study.
4. The City shall not approve any development permits for a proposed
development unless it has frontage or approved access to a public
street.
5. Off-site street improvements shall only be required to ensure adequate
access to the proposed development and to mitigate for off-site impacts
of the proposed development.
6. The following provisions apply to all new public streets and extensions
to existing public streets.
a.
All new streets shall be dedicated and improved in accordance
with this chapter.
b.
Dedication and construction of a half-street is generally not
acceptable. However, a half-street may be approved where it is essential
to allow reasonable development of a property and when the review
authority finds that it will be possible for the property adjoining
the half-street to dedicate and improve the remainder of the street
when it develops. The minimum paved roadway width for a half-street
shall be the minimum width necessary to accommodate 2 travel lanes
pursuant to Subsection 19.708.2.
7. Traffic calming may be required for existing or new streets. Traffic
calming devices shall be designed in accordance with the Public Works
Standards or with the approval of the Engineering Director.
8. Railroad Crossings
Where anticipated development impacts trigger a need to install
or improve a railroad crossing, the cost for such improvements may
be a condition of development approval.
9. Street Signs
The City shall install all street signs, relative to traffic
control and street names, as specified by the Engineering Director.
The applicant shall reimburse the City for the cost of all such signs
installed by the City.
10.
Streetlights
The location of streetlights shall be noted on approved development
plans. Streetlights shall be installed in accordance with the Public
Works Standards or with the approval of the Engineering Director.
E. Street Layout and Connectivity
1. The length, width, and shape of blocks shall take lot size standards,
access and circulation needs, traffic safety, and topographic limitations
into consideration.
2. The street network shall be generally rectilinear but may vary due
to topography or other natural conditions.
3. Streets shall be extended to the boundary lines of the developing
property where necessary to give access to or allow for future development
of adjoining properties.
a.
Temporary turnarounds shall be constructed for street stubs
in excess of 150 ft in length. Drainage facilities shall be constructed
to properly manage stormwater runoff from temporary turnarounds.
b.
Street stubs to adjoining properties shall not be considered
turnarounds, unless required and designed as turnarounds, since they
are intended to continue as through streets when adjoining properties
develop.
c.
Reserve strips may be required in order to ensure the eventual
continuation or completion of a street.
4. Permanent turnarounds shall only be provided when no opportunity
exists for creating a through street connection. The lack of present
ownership or control over abutting property shall not be grounds for
construction of a turnaround. For proposed land division sites that
are 3 acres or larger, a street ending in a turnaround shall have
a maximum length of 200 ft, as measured from the cross street right-of-way
to the farthest point of right-of-Way containing the turnaround. For
proposed land division sites that are less than 3 acres, a street
ending in a turnaround shall have a maximum length of 400 ft, measured
from the cross street right-of-way to the farthest point of right-of-way
containing the turnaround. Turnarounds shall be designed in accordance
with the requirements of the Public Works Standards. The requirements
of this subsection may be adjusted by the Engineering Director to
avoid alignments that encourage nonlocal through traffic.
5. A street with a permanent turnaround may serve no more than 20 lots.
F. Intersection Design and Spacing
1. Connecting street intersections shall be located to provide for traffic
flow, safety, and turning movements, as conditions warrant.
2. Street and intersection alignments for local streets shall facilitate
local circulation but avoid alignments that encourage nonlocal through
traffic.
3. Streets should generally be aligned to intersect at right angles
(90 degrees). Angles of less than 75 degrees will not be permitted
unless the Engineering Director has approved a special intersection
design.
4. New streets shall intersect at existing street intersections so that
centerlines are not offset. Where existing streets adjacent to a proposed
development do not align properly, conditions shall be imposed on
the development to provide for proper alignment.
5. Minimum and maximum block perimeter standards are provided in Table
19.708.1.
6. Minimum and maximum intersection spacing standards are provided in
Table 19.708.1.
Table 19.708.1
Street/Intersection Spacing
|
---|
Street Classification
|
Minimum Distance Between Street intersections
|
Maximum Distance Between Street Intersections
|
Maximum Block Perimeter
|
---|
Arterial
|
530'
|
1,000'
|
2600'
|
Collector
|
300'
|
600'
|
1800'
|
Neighborhood Route
|
150'
|
530'
|
1650'
|
Local
|
100'
|
530'
|
1650'
|
Table 19.708.2 contains the street design elements and dimensional
standards for street cross sections by functional classification.
Dimensions are shown as ranges to allow for flexibility in developing
the most appropriate cross section for a given street or portion of
street based on existing conditions and the surrounding development
pattern. The additional street design standards in Subsection 19.708.2.A
augment the dimensional standards contained in Table 19.708.2. The
Engineering Director will rely on Table 19.708.2 and Subsection 19.708.2.A
to determine the full-width cross section for a specific street segment
based on functional classification. The full-width cross section is
the sum total of the widest dimension of all individual street elements.
If the Engineering Director determines that a full-width cross section
is appropriate and feasible, a full-width cross Section will be required.
If the Engineering Director determines that a full-width cross section
is not appropriate or feasible, the Engineering Director will modify
the full-width cross section requirement using the guidelines provided
in Subsection 19.708.2.B. Standards for design speed, horizontal/vertical
curves, grades, and curb return radii are specified in the Public
Works Standards.
A. Additional Street Design Standards
These standards augment the dimensional standards contained
in Table 19.708.2 and may increase the width of an individual street
element and/or the full-width right-of-way dimension.
1. Minimum 10-ft travel lane width shall be provided on local streets
with no on-street parking.
2. Where travel lanes are next to a curb line, an additional one ft
of travel lane width shall be provided. Where a travel lane is located
between curbs, an additional 2 ft of travel lane width shall be provided.
3. Where shared lanes or bicycle boulevards are planned, up to an additional
6 ft of travel lane width shall be provided.
4. Bike lane widths may be reduced to a minimum of 4 ft where unusual
circumstances exist, as determined by the City Engineer, and where
such a reduction would not result in a safety hazard.
5. Where a curb is required by the City Engineer, it must be designed
in accordance with the Public Works Standards.
6. Center turn lanes are not required for truck and bus routes on street
classifications other than arterial roads.
7. On-street parking in industrial zones must have a minimum width of
8 ft.
8. On-street parking in commercial zones must have a minimum width of
7 ft.
9. On-street parking in residential zones must have a minimum width
of 6 ft.
10.
On-street parking on local streets in residential zones adjacent
to middle housing, community service use, or other uses as allowed
by code and as approved by the City Engineer may include diagonal
parking, with minimum dimensions as provided in Table 19.708.3. Diagonal
parking would be allowed as determined by the City Engineer, where
sufficient right-of-way exists outside of the paved street area, and
where it would not result in a safety hazard.
Table 19.708.3
Street Parking Design Standards
|
---|
Angle (A)
|
Width (B)
|
Curb Length (C)
|
Depth (D)
|
---|
Full and Mid-Size Vehicles
|
0° (parallel)
|
8
|
22
|
8
|
30°
|
8
|
16
|
16.5
|
45°
|
8
|
11.5
|
18.5
|
60°
|
8
|
9.5
|
19
|
90° (perpendicular)
|
8
|
8
|
18
|
Compact Size Vehicles
|
0° (parallel)
|
7
|
20
|
7
|
30°
|
7
|
14
|
14.5
|
45°
|
7
|
10
|
16.5
|
60°
|
7
|
8.5
|
17
|
90° (perpendicular)
|
7
|
7
|
16
|
Figure 19.708.1 Parking Dimension Factors
|
11.
The dimension and number of vehicle parking spaces provided
for disabled persons must be according to federal and state requirements.
12.
Sidewalk widths may be reduced to a minimum of 4 ft for short
distances for the purpose of avoiding obstacles within the public
right-of-way, including, but not limited to, trees and power poles.
13.
Landscape strip widths shall be measured from back of curb to
front of sidewalk.
14.
Where landscape strips are required, street trees shall be provided
a minimum of every 40 ft in accordance with the Public Works Standards
and the Milwaukie Street Tree List and Street Tree Planting Guidelines.
15.
Where water quality treatment is provided within the public
right-of-way, the landscape strip width may be increased to accommodate
the required treatment area.
16.
A minimum of 6 in shall be required between a property line
and the street element that abuts it; e.g., sidewalk or landscape
strip.
B. Street Design Determination Guidelines
The Engineering Director shall make the final determination
regarding right-of-way and street element widths using the ranges
provided in Table 19.708.2 and the additional street design standards
in Subsection 19.708.2.A. The Engineering Director shall also determine
whether any individual street element may be eliminated on one or
both sides of the street in accordance with Figure 10-1 of the TSP.
When making a street design determination that varies from the full-width
cross section, the Engineering Director shall consider the following:
1. Options and/or needs for environmentally beneficial and/or green
street designs.
2. Multimodal street improvements identified in the TSP.
3. Street design alternative preferences identified in Chapter 10 of
the TSP, specifically regarding sidewalk and landscape strip improvements.
4. Existing development pattern and proximity of existing structures
to the right-of-way.
5. Existing right-of-way dimensions and topography.
A. General Provisions
1. Goals, objectives, and policies relating to walking are included
in Chapter 5 of the TSP and provide the context for needed pedestrian
improvements. Figure 5-1 of the TSP illustrates the Pedestrian Master
Plan and Table 5-3 contains the Pedestrian Action Plan.
2. Americans with Disabilities Act (ADA) requirements for public sidewalks
shall apply where there is a conflict with City standards.
B. Sidewalk Requirements
1. Requirements
Sidewalks shall be provided on the public street frontage of
all development per the requirements of this chapter. Sidewalks shall
generally be constructed within the dedicated public right-of-way,
but may be located outside of the right-of-way within a public easement
with the approval of the Engineering Director.
2. Design Standards
Sidewalks shall be designed and improved in accordance with
the requirements of this chapter and the Public Works Standards.
3. Maintenance
Abutting property owners shall be responsible for maintaining sidewalks and landscape strips in accordance with Chapter
12.04.
A. General Provisions
1. Bicycle facilities include bicycle parking and on-street and off-street
bike lanes, shared lanes, bike boulevards, and bike paths.
2. Goals, objectives, and policies relating to bicycling are included
in Chapter 6 of the TSP and provide the context for needed bicycle
improvements. Figure 6-2 of the TSP illustrates the Bicycle Master
Plan, and Table 6-3 contains the Bicycle Action Plan.
B. Bicycle Facility Requirements
1. Requirements
Bicycle facilities shall be provided in accordance with this chapter, Chapter
19.600, the TSP, and the Milwaukie Downtown and Riverfront Plan: Public Area Requirements. requirements include, but are not limited to, parking, signage, pavement markings, intersection treatments, traffic calming, and traffic diversion.
2. Timing of Construction
To assure continuity and safety, required bicycle facilities
shall generally be constructed at the time of development. If not
practical to sign, stripe, or construct bicycle facilities at the
time of development due to the absence of adjacent facilities, the
development shall provide the paved street width necessary to accommodate
the required bicycle facilities.
3. Design Standards
Bicycle facilities shall be designed and improved in accordance with the requirements of this chapter and the Public Works Standards. Bicycle parking shall be designed and improved in accordance with Chapter
19.600 and the Milwaukie Downtown and Riverfront Plan: Public Area Requirements.
A. General Provisions
Pedestrian/bicycle paths are intended to provide safe and convenient
connections within and from new residential subdivisions, multifamily
developments, planned Developments, shopping centers, and commercial
districts to adjacent and nearby residential areas, transit stops,
and neighborhood activity centers.
Pedestrian/bicycle paths may be in addition to, or in lieu of, a public street. Paths that are in addition to a public street shall generally run parallel to that street. These types of paths are not subject to the provisions of this subsection an
d shall be designed in accordance with the Public Works Standards or as specified by the Engineering Director. Paths that are in lieu of a public street shall be considered in areas only where no other public street connection options are feasible. These types of paths are subject to the provisions of this subsection.
B. Pedestrian/Bicycle Path Requirements
In addition to sidewalks on public streets, other available
pedestrian routes, as used in this subsection, include walkways within
shopping centers, planned Developments, community service use developments,
and commercial and industrial districts. Routes may cross parking
lots on adjoining properties if the route is paved, unobstructed,
and open to the public for pedestrian use.
Pedestrian/bicycle paths shall be required in the following
situations.
1. In residential and mixed-use districts, a pedestrian/bicycle path
shall be required at least every 300 ft when a street connection is
not feasible.
2. In residential and industrial districts where addition of a path
would reduce walking Distance, via a sidewalk or other available pedestrian
route, by at least 400 ft and by at least 50% to an existing transit
stop, planned transit route, school, shopping center, or park.
3. In commercial districts and community service use developments where
addition of a path would reduce walking distance, via a sidewalk or
other available pedestrian route, by at least 200 ft and by at least
50% to an existing transit stop, planned transit route, school, shopping
center, or park.
4. In all districts where addition of a path would provide a midblock
connection between blocks that exceed 800 ft or would link the end
of a turnaround with a nearby street or activity center.
C. Design Standards
Pedestrian/bicycle paths shall be designed and improved in accordance
with the requirements of this chapter and the Public Works Standards.
Paths shall be located to provide a reasonably direct connection between
likely pedestrian and bicyclist destinations. A path shall have a
minimum right-of-way width of 15 ft and a minimum improved surface
of 10 ft. If a path also provides secondary fire access or a public
utility corridor, it shall have a minimum right-of-way width of 20
ft and a minimum improved surface of 15 ft. Additional standards relating
to entry points, maximum length, visibility, and path lighting are
provided in the Public Works Standards.
D. Ownership and Maintenance
To ensure ongoing access to and maintenance of pedestrian/bicycle
paths, the Engineering Director will require one or more of the following:
1. Dedication of the path to the public and acceptance of the path by
the City as public right-of-way prior to final development approval.
2. Creation of a public access easement over the path prior to final
development approval.
3. Incorporation of the path into recorded easements or tract(s) of
common ownership that specifically requires existing property owners
and future property owners who are subject to such easements or own
such tracts to provide for the ownership, liability, and maintenance
of the path into perpetuity. This shall occur prior to final development
approval.
A. General Provisions
1. Transit facilities include bus stops, shelters, and related facilities.
Required transit facility improvements may include the dedication
of land or the provision of a public easement.
2. Goals, objectives, and policies relating to transit are included
in Chapter 7 of the TSP. Figure 7-3 of the TSP illustrates the Transit
Master Plan, and Table 7-2 contains the Transit Action Plan.
B. Transit Facility Requirements
1. Requirements
Factors that determine the level of transit facility requirements
include, but are not limited to, street classification, existing and
planned level of transit service on adjacent streets, block length,
proximity of major pedestrian destinations, existing and projected
ridership, and transit needs of the development. Required improvements
may include provision of an easement or dedication of land for transit
facilities, benches, shelters, bus turnouts, curb extensions, median
refuges for pedestrian crossings, public telephones, or Pedestrian
lighting. The required improvements shall reflect a reasonable and
proportionate share of the potential impacts of the proposed development
pursuant to Section 19.705.
2. Location of Facilities
Transit facilities shall be located at controlled street intersections,
wherever possible. Where a bus stop has already been established within
500 ft of a proposed development, a new bus stop shall only be provided
if recommended by TriMet and required by the Engineering Director.
Otherwise, the development shall upgrade the existing stop. Upgrades
may include, but are not limited to, the installation of benches,
shelters, and landscaping.
3. Design Standards
Transit facilities shall be designed and improved in accordance
with current TriMet standards, the requirements of this chapter, and
the Public Works Standards.
4. TriMet Notice and Coordination
The City shall provide notice of all proposed developments to
TriMet pursuant to Section 19.707. TriMet may recommend the construction
of transit-related facilities at the time of development to support
transit use. The City shall make the final determination regarding
transit-related facility requirements.
The Engineering Director shall review all proposed development subject to Chapter
19.700 per Section 19.702 in order to: (1) evaluate the adequacy of existing public utilities to serve the proposed development; and (2) determine whether new public utilities or an expansion of existing public utilities is warranted to ensure compliance with the City's public utility requirements and standards.
A. Permit Review
The Engineering Director shall make every effort to review all
development permit applications for compliance with the City's public
utility requirements and standards within 10 working days of application
submittal. Upon completion of this review, the Engineering Director
shall either approve the application, request additional information,
or impose conditions on the application to ensure compliance with
this Chapter.
B. Review Standards
Review standards for public utilities shall be those standards
currently in effect, or as modified, and identified in such public
documents as Milwaukie's Comprehensive Plan, Wastewater Master Plan,
Water Master Plan, Stormwater Master Plan, Transportation System Plan,
and Public Works Standards.
Public utility improvements shall be required for proposed development
that would have a detrimental effect on existing public utilities,
cause capacity problems for existing Public utilities, or fail to
meet standards in the Public Works Standards. Development shall be
required to complete or otherwise provide for the completion of the
required improvements.
A. The Engineering Director shall determine which, if any, utility improvements
are required. The Engineering Director's determination requiring utility
improvements shall be based upon an analysis that shows the proposed
development will result in one or more of the following situations:
1. Exceeds the design capacity of the utility.
2. Exceeds Public Works Standards or other generally accepted standards.
3. Creates a potential safety hazard.
4. Creates an ongoing maintenance problem.
B. The Engineering Director may approve one of the following to ensure
completion of required utility improvements.
1. Formation of a reimbursement district in accordance with Chapter
13.30 for off-site Public facility improvements fronting other properties.
2. Formation of a local improvement district in accordance with Chapter
3.08 for off-site public facility improvements fronting other properties.
Public utility improvements shall be designed and improved in
accordance with the requirements of this chapter, the Public Works
Standards, and improvement standards and specifications identified
by the City during the development review process. The applicant shall
provide engineered utility plans to the Engineering Director for review
and approval prior to construction to demonstrate compliance with
all City standards and requirements.
The Engineering Director may require utility oversizing in anticipation of additional System demand. If oversizing is required, the Engineering Director may authorize a reimbursement district or a system development charge (SDC) credit in accordance with Chapter
13.28.
The Engineering Director shall monitor the progress of all public utility improvements by the applicant to ensure project completion and compliance with all City permitting requirements and standards. Utility improvements are subject to the requirements of Chapter
12.08. Follow-up action, such as facility inspection, bond release, and enforcement, shall be considered a part of the monitoring process.