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Developer asks commission to align sidewalk timing with recent state law; staff largely supportive
Summary
A Cottonwood Hollow LLC representative told the commission a recent state law change limits the city's ability to require sidewalk installation beyond sidewalks immediately adjacent to homes and urged allowing most sidewalk installation during the building phase to avoid rework; staff agreed major corners and collector sidewalks should remain developer responsibilities.
Tyler Melling, representing Cottonwood Hollow LLC, asked the Planning Commission to amend city policy on when residential sidewalks must be installed, citing a recent state law change that, he said, preempts parts of the city’s existing requirement.
Melling told commissioners that under current practice developers install all subdivision sidewalks up front and sometimes must later tear out newly poured sidewalk after heavy equipment crosses it. He said the state change prevents the city from requiring sidewalks, except those immediately adjacent to a home, to be installed before an 18‑month window tied to bonding for public improvements. "We were fully planning on dumping $110,000 worth of wasted concrete down the drain," Melling said, arguing that allowing most sidewalks to be completed during the building phase would reduce waste and lower lot costs.
City staff confirmed the language now under consideration was drafted collaboratively between staff and Melling and said the draft would preserve ADA corner treatments and sidewalks along major collectors or master‑plan trails as subdivider responsibilities. Staff acknowledged trade‑offs — unfinished subdivisions could result if lots are held for many years — but supported balancing cost savings with construction quality.
Because the public‑hearing notices for several items were re‑issued, the commission opened this item as a public hearing tonight for discussion and said it will take formal action at the re‑noticed hearing next week.
What’s next: Staff will refine ordinance language and present it again at the re‑noticed hearing next Tuesday so the commission can make a formal recommendation.
