This Article provides the standards for street and access improvements. These standards are consistent with Paola’s community character by ensuring that:

A.    Adequate municipal facilities are installed at the time of a project’s development so that the uses’ occupants have adequate services to protect their health and safety.

B.    The facilities will function efficiently and require minimum maintenance.

C.    Developments are functional and internally safe to the greatest degree possible without reducing the permitted density and increasing adverse impacts on the environment and adjoining properties.

This Division’s standards apply to street and highway design and construction.

Streets in a subdivision or land development shall be designed to achieve the following objectives:

A.    Integrate into the existing street pattern so as to address the area’s future circulation needs as well as citywide traffic.

B.    Provide a safe and convenient layout and design.

C.    Match the respective district’s community character.

D.    Respect natural resources, topography, and drainage.

To minimize vehicular access points on arterial and collector roads, the Planning Commission shall, when the first development occurs in an area, develop a Local Circulation Plan. The Local Circulation Plan shall identify desired collector or residential collectors within a superblock, areas for frontage-type roads or reverse frontage, and preferred intersection locations. The Local Circulation Plan shall be based on property maps, zoning, and topographic and alignment information. All landowners shall conform to this Plan in order to obtain subdivision approval. The following criteria shall be used in developing the Local Circulation Plan:

A.    Collectors shall serve only the superblock and not provide alternative or cut-through routes for regional or sub-regional traffic. Where superblocks are too large, new arterial alignments may be designated.

B.    Where possible, collectors shall be located on the superblock’s largest parcels.

C.    Parallel access shall be used where providing individual access to small parcels would create adverse safety conditions due to frequent access on arterials or collectors.

D.    Half streets and boundary streets shall be used sparingly and only where parcel size, shape, or configuration would result in inefficient development by requiring other types of street patterns.

E.    The Plan shall be sensitive to natural resources and topography.

Streets and highways shall be classified according to function. Classifications for major highways are found on the Zoning Map. Other classifications shall be made at the time of development by the Planning Commission. Road classifications shall anticipate long-term growth prospects so they are not degraded in functional capacity in the early development stages. The Paola arterial and major collector roads are delineated on Figure 11.120, and road classifications are shown in Table 11.130. The classification of minor and residential collectors, non-residential local access roads and alleys will be determined according to the standards outlined in this ordinance.

A.    Streets. The standards in Table 11.130 shall govern all street construction except regional highways, which shall meet State specifications, and residential streets, which shall meet the standards of Section 11.140.

B.    Adjustments. The standards in Table 11.130 assume relatively level and resource free land. The City shall, where feasible, require the road’s design to minimize the disturbance of natural resources protected by Section 05.210. Where additional right-of-way is needed to obtain vertical curve, grade, clear site triangles, turn lanes, or medians, the required right-of-way shall be adjusted in accordance with local needs.

Figure 11.120 PAOLA STREET CLASSIFICATION

A.    General. Table 11.140 lists residential streets’ general standards. Type of access, number of dwelling units served, and the units’ average frontage can modify the requirements.

B.    Parkways. The developer may choose to use parkways or other landscaped medians in residential streets. In that case, the parkway standard shall apply.

C.    Natural Areas. In areas where resource protection is desired, narrower rights-of-way may be approved and drainage accomplished in a manner that provides for the minimum width while accommodating the stormwater movement. The City’s Director of Public Works shall assist the developer in developing a cross-section that minimizes environmental impact.

D.    Narrow Widths. Where roads are less than eighteen (18) feet wide, they shall be widened to eighteen (18) feet for a distance of sixty (60) feet where they intersect with other roads to permit adequate turning. Where such roads exceed eight hundred (800) feet in length, they shall have passing points at least every five hundred (500) feet. The passing points or sections shall be forty (40) feet in length and may include driveways as part of the passing area. Roads not meeting or exceeding the width and construction material requirements of the County shall be allowed only in the City of Paola.

(Ordinance 2789, 11/27/01)

Where a curb is designated, an enclosed stormwater conveyance system shall also be included. On-street parking requirements are outlined in Section 06.300 Parking.

Private roads shall be permitted provided the following are met:

A.    Private roads may be constructed in accordance with this Article’s public street standards in the E District within the City limits provided:

1.    The community is gated with access restricted. Police, fire, sanitation, and other public vehicles shall be provided access.

2.    All subdivision or land development plats, deeds, and covenants or restrictions shall indicate that the City will not accept a private road except upon a two thirds (2/3) vote of the development’s landowners. Regardless of the vote, the City will not accept the road unless the road shall be brought up to public road standards, or a one time assessment or special taxing district shall be created to pay for the improvements.

B.    Rural subdivisions and minor staged subdivisions shall provide access, but the street shall remain private until the residual development occurs and the road improved in accordance with this Ordinance.

All cul-de-sacs shall be designed to permit vehicles to turn around without backing, except on private roads serving less than five (5) lots. All cul-de-sacs must have a landscaped island.

(Ordinance 2835, 8/26/03).

Cul-de-sac standards are shown in Figure 11.142.

Figure 11.142 CUL-DE-SACS

Highways, streets, and alleys shall be improved as follows:

A.    Arterials, collectors, local streets, and alleys shall be designed according to the Highway Pavement Structural Design method, as described in Part II, Chapter 3 of the AASHTO Guide for Design of Pavement Structures, except in Rural Subdivisions and Staged Developments. County or State Roads shall meet the standards of those agencies unless the standards of this Section are greater. An opinion from a professional geotechnical service shall be required for all road construction. All road construction shall be on 95% compacted subgrade.

B.    Arterial, collector, and streets in the D, BP and I districts shall meet at least one of the following minimum standards once reviewed and approved by the City’s Director of Public Works. The Director may require a greater base where soils, anticipated truck traffic, or other conditions would affect the long-term maintenance costs of the road.

1.    Seven (7) inches asphalt concrete base course (BM-2B) with two (2) inches asphaltic concrete surface course (BM-2) over six (6) inches of crushed stone base course (AB-3); or

2.    Seven (7) inches thick concrete reinforced with wire mesh over six (6) inches of crushed stone base course (AB-3).

3.    The City’s Director of Public Works may require a greater base where soils, anticipated truck traffic, or other conditions would affect the long-term maintenance costs of the road.

(Ordinance #2748, 06/27/00)

C.    Residential streets shall have six (6) inches minimum crushed stone base course (AB-3) with four (4) inches asphaltic concrete base course (BM-2B) with two (2) inches asphaltic concrete surface course (BM-2) or seven (7) inches thick concrete reinforced with wire mesh over prepared subgrade except as follows:

1.    In the E District:

a.     Cul-de-sacs with less than ten (10) lots on a private road shall have a five (5) inch crushed stone (AB-3). All lots using this standard shall be covered by a conservation easement prohibiting further subdivision of this property into smaller lots.

b.    Other residential streets serving less than forty (40) lots shall have a six (6) inch crushed stone base (AB-3) and a surface of prime and double asphaltic seal with crushed rock cover.

2.    Rural Subdivisions (Article 14) shall have a six (6) inch crushed stone base (AB-3) to serve the initial four (4) lots. When the residual parcel is developed, all streets shall be improved in accordance with the standard governing lots of that size. These roads shall remain private until improved to normal City standards.

3.    Staged subdivisions shall have a six (6) inch crushed stone base (AB-3) and a surface of prime and double asphaltic seal with crushed rock cover. When the residual parcel develops, such roads shall no longer be considered an exception and must be upgraded accordingly. These roads shall remain private until improved to normal City standards.

(Ordinance 2783, 08/21/01)

(Ordinance #2748, 06/27/00)

D.    Residential alleys shall have an aggregate base of six (6) inches. Where rock alleys meet paved roads, a 20-foot hard surface apron shall be required.

E.    In soils with limitations for roads due to soil strength, shrink-swell, or moisture, extra excavation and back fill, subgrade modifications, and/or extra base and one half (0.5) inch of extra surface coat or additional drainage structures may be required by the City’s Director of Public Works.

F.    Where an unpaved road meets a paved road, a 100-foot hard surface apron shall be required.

G.    Streets constructed without curbs and enclosed stormwater systems are anticipated to be adequate for the immediate and near future and are allowed as an accommodation to the developer. However, changing land use patterns and growth may generate higher traffic loads on these streets than originally projected, requiring subsequent improvements.

When the City or County determines that residential streets constructed without curbs or enclosed stormwater systems are insufficient and/or impeding traffic flow, the street may be upgraded. It is the intent of these regulations that, as a general practice, the cost of the improvements, including pavement upgrade, installation of curbs, enclosed stormwater systems, and sidewalks shall be 100% assessed to the benefited property owners in accordance with Kansas law.

Constructing roads without curbs and enclosed stormwater systems at the time of development is considered a benefit to the developer and property owners. In recognition of this, the developer shall place a note on the plat, that the City’s/County’s policy is that the cost of upgrading streets and stormwater systems in these situations is to 100% access the cost to the property owner. The developer shall further place a note on the plat that all subsequent purchasers of lots take those lots with notice that the right to protest the establishment of a special assessment benefit district to finance such improvements has been waived.

H.    Nonresidential alleys and parking lots with over fifteen (15) spaces shall have a six (6) inch crushed stone base (AB-3) with four (4) inch asphaltic surface course (BM-2).

(Ordinance 2783, 08/21/01) The Public Works Director shall determine the minimum improvement required for parking lots with 15 spaces or fewer.

(Ordinance 2824, 01/28/03)

Curbs shall be installed where required by Tables 11.130 and 11.140, or where required to prevent erosion. The curbs shall be eliminated in areas where they will promote drainage over natural areas and pose no risk to buildings or homes. Where no curbs are provided, the aggregate base shall be extended two (2) feet beyond the edge of the cartway or pavement. The base shall be filled to the pavement level with aggregate, spread with topsoil, and seeded to provide a structure to support the pavement edge and eliminate damage from vehicles running off the pavement (see Figure 11.151).

Figure 11.151

CURBLESS PAVEMENT DETAIL

Sidewalks shall be installed on both sides of all arterial, collector and commercial streets and shall be required on one side of all residential streets. All sidewalks shall not be less than five (5) feet in width of Portland cement concrete and shall comply with specifications of the Governing Body. Sidewalks shall be located in the platted street right-of-way, six (6) inches from the property line. When natural vegetation, topography or other factors make locating the sidewalk in the right-of-way impractical, the sidewalk shall be located as close to the right-of-way as possible. An easement or additional right-of-way shall be granted to the City to include the sidewalk. Walks shall also be installed in any pedestrian easements as may be required by the Planning Commission.

Sidewalk requirements may be altered or waived if a sidewalk plan is submitted to and approved by the Planning Commission at the time of platting. The Planning Commission may grant a waiver from sidewalk requirements in in-fill developments.

A.    Upon application by any owner of property in the Neighborhood Conservation zoning districts the Planning Commission shall, in accordance with the provisions of this Section, make a recommendation to the Governing Body to approve or deny a request for deviation from certain street standards, specifically those relating to street widths, curbs, gutters and sidewalks, in the Neighborhood Conservation zoning districts. No request shall be accepted or considered by the City regarding deviation from base or pavement construction standards, or other street standards. Notice of the Planning Commission hearing on the application shall be given to all owners of property with frontage on those portions of the subject street that may be affected by the deviation. Such notice shall be given in the same manner as provided for in Section 21.151 of these regulations. The Planning Commission may recommend additional street width and/or shoulder requirements as a condition of approval of a deviation from curb or gutter standards.

B.    When considering a deviation request the Planning Commission shall make written findings regarding the following factors:

1.    Access. If the deviation is approved, whether all ingress and egress to any platted lots would be over public streets not meeting City standards. Consideration shall be given to character of adjacent streets and the likelihood that any substandard street will be subsequently improved to standards.

2.    Effect Upon Additional Property. Whether adjacent property would require access from the subject street(s) as such property develops.

3.    Staff Recommendations.  The Public Works Director shall make recommendations regarding drainage, utilities, maintenance, traffic flow and other pertinent matters related to the deviation request. The Zoning Administrator shall make recommendations regarding the consistency of the proposed deviation with the objectives of the Comprehensive Plan.

4.    Public Interest. If the deviation is approved, whether such would result in adverse impacts for public health, safety or general welfare.

C.    The Planning Commission shall make a written recommendation to the Governing Body for approval, approval subject to conditions, or denial of the application. Such recommendation shall be submitted to the Governing Body within 60 calendar days following the date a complete application is made to the Zoning Administrator. The Governing Body shall consider the recommendation in accordance with Section 21.161, Part C of these regulations and consistent with its written findings regarding the factors set out above.

D.    Recording of Deviation. No approved deviation shall take effect until the applicant records the application, as approved by the Governing Body, with the Miami County Register of Deeds. (Ordinance 2840, 10/14/03)

All utility crossings under the street, including the curb line, shall be backfilled with a dig-able flowable fill to within 6” of the final subgrade elevation, unless a substitution is approved by the City Engineer or his/her designee. This includes both new and replacement construction.

(Ordinance 2893 08/23/05)

Direct vehicular access to public roads and highways by individual uses shall be limited to ensure congestion and hazardous conditions are not created by frequent turning movements. On arterials and major collectors, access must be limited to allow the roads to fulfill their function as regional traffic movers. In residential areas, access to collector or arterial streets provides safer residential areas as well as improved highway access.

All residential developments and uses shall take direct access only to local residential streets except as provided below:

A.    Individual residential uses shall take access to residential collectors to the minimum extent possible. The developer shall use flag lots on residential streets, cul-de-sacs, or align blocks to present the sides of lots, rather than front lots, on residential collectors.

B.    Individual detached single-family residences may take direct access to a collector or arterial street only if no other access options are viable and only if the developer is unable to provide a safe street access due to physical site limitations such as topography, sight distances, ownership patterns, etc. A residential street shall be required if the site can be served with a street. The City may also require shared entrances or a private access easement for two (2) or more lots to keep individual access to a minimum.

C.    Double-entry drives are prohibited on all arterial, major, and minor collector streets and on lots with less than 80’ of street frontage as measured at the curb. (Ordinance 2835, 08/26/03)

All nonresidential uses shall be prohibited from taking access to a residential street. Instead, such uses shall take primary access from a frontage road, reverse frontage road, parking circulation road, or roads designed to provide internal circulation within the development. The following exceptions are permitted:

A.    Agricultural uses shall take access to the road expected to carry the least traffic unless restricted by soils, topography, or existing home sites.

B.    Home uses shall be treated as residential uses.

C.    Direct primary access to a local residential street or residential collector is prohibited for nonresidential uses except institutional uses, bed and breakfasts, and home uses. Emergency access through a locked access may be required by the Fire Chief.

Nonresidential uses shall be permitted direct access to arterial or collector roads only if:

A.    The access meets the minimum spacing requirements of Section 11.231, and the site plan provides access to/for other properties at the rear or sides.

B.    The access is temporary (see Section 11.240).

C.    No other access options are viable, and the developer is unable to provide a street due to physical site limitations such as topography, natural features, and sight distance.

All uses, developments, and streets shall abide by this Section’s spacing provisions except where deviations meet the standards of Section 11.233. Table 11.130 sets forth spacing provisions. Section 11.232 states the special requirements for Baptiste Drive from North Pearl Street east. The following standards shall apply:

A.    All uses shall be discouraged from having more than one (1) access point to a collector or arterial street, except where the additional access point meets the spacing requirements.

B.    In instances where more than one (1) access point is requested, or access at less than the specified spacing is requested, a traffic study shall be required to demonstrate that the additional access point(s) is required to move traffic out of the development under the following:

1.    The additional access relieves congestion at intersections spaced in accordance with Table 11.130.

2.    Access points in excess of one (1) shall also be designated as “right turn only” wherever possible. This designation shall minimize potential adverse impacts on the collector or arterial street’s capacity.

3.    The additional access point(s) improves or leaves road performance on the arterial or collector unchanged. Regional traffic capacity should not be reduced to permit increased access.

4.    The traffic study indicates necessary improvements to maintain levels of service and the developer makes such improvements.

5.    The developer shall make all necessary improvements, in terms of turning lanes and by-pass lanes, to maintain a level of service C at the nearest intersections.

In addition to the standards in Section 11.231, developers with frontage along Baptiste Drive, from North Pearl Street east, shall design their circulation system so no individual use shall take access directly to Baptiste Drive but rather from an internal circulation system. The following standards shall be used by developers to achieve this goal:

A.    No parcel of less than eight (8) acres shall be approved unless a preliminary plat for the entire property shows the developer has provided proper access, visibility, detention, and an overall design theme for the entire property.

B.    No out parcels on the frontage shall be permitted unless their sole access is from an internal circulation system or road.

C.    The internal circulation system shall have stubs to existing uses or adjoining vacant land to facilitate travel between commercial developments without requiring the use of Baptiste Drive. Access points may tie to the parking isles of adjoining development or be located as a parallel access or frontage road. If a Local Circulation Plan has been prepared, access shall follow that Plan.

D.    Where it is possible to have local traffic without accessing Baptiste Drive, no access on Baptiste shall be allowed.

The standards in Table 11.130 provide for the safest access conditions. However, conditions may arise in which the standards do not fit the context of the topography, land ownership, or existing conditions. Where the following conditions exist, the Planning Commission may recommend deviations from Sections 11.210, 11.220, 11.230, 11.231, and 11.232. The deviations may be in the form of temporary access (Section 11.240) or they may be permanent. Also, the Planning Commission may recommend to the City Council alterations to the road or its speed limits to improve safety.

A.    The vertical or horizontal alignment makes the required location dangerous. The Planning Commission shall consider the following alternatives:

1.    A temporary access with ultimate access via adjoining properties.

2.    Permitting a closer spacing provided sight distances are adequate.

3.    If other access points are in the area, lowering the speed limit to provide safe site distances.

4.    Coordinating a road improvement project with the development to eliminate a dangerous area.

B.    Aligning the access with an existing access may be considered, even though the existing access does not meet the standards, provided that aligning results in a safer situation than two access points.

C.    Where internal roads cannot reasonably be provided, and the access will not present safety problems, connections will be permitted.

D.    Where multiple land uses will exist, additional accesses may be permitted if a better design results. “Better design” requires:

1.    The land uses will be better served by separate accesses to avoid residential/commercial traffic conflicts and turning movements restricting access and/or disturbing a residential development’s character; or,

2.    Traffic studies indicate that traffic will flow better on the arterial or collector with the additional intersection than without.

No developer shall be denied a Zoning Permit (as required under Section 21.530) or plan approval for the sole reason that a property cannot meet the permanent access standards, provided the development plan meets all this Ordinance’s other requirements. A Temporary Access Permit may be granted which shall expire when the permanent access to the property, via adjoining parking lots, parallel access, or reverse frontage roads, is achieved. The property owners shall bear the cost of closing the temporary access and connecting to the permanent access.

Residential access drives shall meet the following:

A.    Ten (10) feet minimum and twenty (20) feet maximum at the right of way line.

B.    Twelve (12) feet minimum if the distance between the sidewalk and the pavement edge is less than four (4) feet.

C.    If curbs are provided, access shall be by a saw cut of the curb. Where there are no curbs, a five (5) foot radii shall be used.

D.    Where alley access is available, the garage or carport shall take access from the alley.

Exceptions. When the Public Works Director determines alley access cannot reasonably be provided, and the access will not create safety problems, the Public Works Director may approve an alternate access plan.

(Ordinance 2789, 11/27/01).

Signs or other obstructions shall not be located in either road rights-of-way or the clear zones indicated in Figure 11.260.

Figure 11.260

CLEAR VIEW OF INTERSECTING STREETS