ORDINANCE NO. ______, SERIES 2019
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AN ORDINANCE AMENDING ORDINANCE 15, SERIES 2008, THE COMPLETE STREETS POLICY AND ADOPTING THE POLICY AS AN AMENDMENT TO PLAN 2040, THE COMPREHENSIVE PLAN (CASE NO. 19AREAPLAN0001). (AS AMENDED)
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SPONSORED BY: PRESIDENT JAMES
WHEREAS, Louisville Metro has the vision to be a safe city of lifelong learning and great jobs, wellness, compassion and innovation;
WHEREAS, pedestrian fatalities account for 25 percent of all roadway fatalities in Jefferson County;
WHEREAS, Jefferson County is the 35th most dangerous metro area in the United States for people walking, as determined by the 2019 Dangerous by Design report,
WHEREAS, the U.S. Census Bureau projects that by 2025, the population over the age of 65 will increase from 13 percent to 19 percent, totaling an estimated increase of 155,000 people over age 65 in Jefferson County, thus demonstrating the need for public right of ways that are safe for all users;
WHEREAS, streets that are not complete put all users at risk and are especially dangerous for pedestrians, bicyclists, those taking public transportation, and specific vulnerable users including children, people with disabilities, older adults, low income communities, and communities of color;
WHEREAS, in Louisville Metro, one out of every three adult residents are overweight or obese and are at greater risk for numerous serious health outcomes, including type 2 diabetes, heart disease, stroke, high blood pressure, high cholesterol, certain cancers, asthma, arthritis, and other debilitating chronic health conditions, and incomplete streets limit opportunities for people to reduce their risk by being active as part of their daily routine;
WHEREAS, Complete Streets support economic vibrancy and facilitate dynamic, livable communities by providing safe and efficient transportation networks to everyday destinations including employment, schools, grocery stores, medical care, local businesses, and places of worship;
WHEREAS, Move Louisville, includes goals of (1) “Provide connectivity choices: Create a transportation system that provides users with multiple options; (2) “Improve safety and health: Ensure that all future growth contributes to healthy living and good quality of life for all;” and (3) “Assure equity for all system users: The transportation system of the future must address the needs of all potential users;”
WHEREAS, the city’s comprehensive plan, Plan 2040, includes the objectives to “Provide safe mobility options for all users by promoting Complete Streets, and ensure new and expanded transportation facilities include Complete Streets components;”
WHEREAS, Louisville Metro Government is committed to the adoption of Complete Street policies that are unique and specific to the city; and that are applied to all transportation projects and phases, as a routine part of everyday operations, to improve mobility for all users in Louisville;
WHEREAS, Louisville Metro Government’s current Complete Streets Ordinance does not have any performance measures to track the success of complete streets implementation; and
WHEREAS, the amended Complete Streets Policy in this Ordinance adopts performance standards for the first time to ensure uniform compliance.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I: The Complete Streets Policy approved by Ordinance 15, Series 2008, and attached hereto, is replaced with the following:
COMPLETE STREETS POLICY
SECTION 1. DEFINITIONS.
Complete Streets means a comprehensive and connected transportation network that is designed, implemented, operated, and maintained in an equitable way to allow for safe use by all users, of all ages, incomes, and abilities. Complete Streets design standards facilitate the development of a safe, reliable, efficient, integrated, and connected multimodal transportation system that promotes access, mobility, and health for all users, and ensures that the safety and convenience of all users of the transportation system are accommodated, including private vehicles, public transportation, pedestrians, bicyclists, assisted device users, motorists, emergency responders, freight providers, and adjacent land users
Active Transportation means any self-propelled, human-powered mode of transportation, such as walking or bicycling.
Transportation Project means new construction, reconstruction, resurfacing, repair, restoration, rehabilitation, and/or other modifications to streets, roadways, highways, bridges tunnels, sidewalks, bike paths, and other parts of the transportation network that changes roadway geometry and/or operations.
SECTION 2. SCOPE OF COMPLETE STREETS APPLICABILITY.
A. All Metro-owned transportation facilities in the public right-of-way including, but not limited to, streets, bridges, and all other connecting pathways shall be designed, constructed, operated, and maintained so that users of all ages and abilities can travel safely and independently.
B. Privately constructed streets and parking lots shall adhere to policy.
C. Metro shall foster partnerships with the Commonwealth of Kentucky, neighboring communities and counties, and business and school districts to develop facilities and accommodations that further Metro's complete streets policy and continue such infrastructure beyond Metro's borders.
D. Metro shall approach every transportation improvement project as an opportunity to create safer, more accessible streets for all users. Other changes to transportation facilities on streets and rights-of-way, including capital improvements, re-channelization projects, and major rehabilitation, must also be included.
E. This Ordinance applies to Transportation Projects countywide, but Metro shall prioritize policy implementation in Plan 2040 Study Areas neighborhoods that contain all or portions of one or more census tracts with more than 51% of households living at under 80% of AMI as defined by the US Department of Housing and Urban Development, areas with histories of disinvestment or underinvestment, areas with poor health outcomes, and or areas with diminished access to transportation options.
SECTION 3. EXCLUSIONS.
A. Appropriate justifications for excluding accommodations for specific transportation needs include, but are not limited to, findings that:
1. Specific Complete Streets principles are prohibited by law, such as bicycle and pedestrian facilities within access-restricted highway corridors;
2. “Routine maintenance” that does not change the roadway geometry or operations;
3. Emergency repairs to streets and sidewalks due to broken utility lines or natural disasters.
B. There shall be a transparent review process for all proposed exceptions by submitting clear supportive documentation in writing justifying the exception to the Director of Transportation, or designee, with opportunity for public comment. Appropriate justifications for exceptions that shall follow this review process include but are not limited to, findings that:
1. The cost of complying with Policy on a project would substantially exceed the public value to be realized, taking into consideration the need and probable use of the project;
2. Compliance with Policy would substantially impair unique characteristics of great public value, such as historical importance or sensitive environmental or cultural characteristics.
SECTION 4. PERFORMANCE MEASURES
Director of Transportation, or designee, in consultation with Department of Public Works, Department of Public Health and Wellness, and Develop Louisville shall establish performance targets and shall measure the success of the Complete Streets policy using, but not limited to, the following performance measures:
• Lane miles dedicated to active transportation
• Linear feet of new pedestrian accommodations
• Number of new curb ramps installed along city streets
• Crosswalk and intersection improvements
• Rate of crashes, injuries, and fatalities by mode
• Rate of fatalities by age, gender, race, ethnicity, and income
• Percentage of funding allocated to projects that include pedestrian, bicycle, and/or transit infrastructure, by neighborhood.
• Percentage of Transportation Projects taking place in low-income and moderate-income communities.
Unless otherwise noted above, within twelve (12) months of ordinance adoption, Metro shall create individual numeric benchmarks for each of the performance measures included, as a means of tracking and measuring the annual performance of the ordinance. Annual reports shall be posted online for each of the above measures.
The Louisville Metro Complete Streets Manual is hereby adopted by reference, and as may be amended from time to time. This Manual establishes procedural and technical guidelines for developing a thoroughfare system that provides for safe and effective access to all users in a context-appropriate manner.
SECTION 5. IMPLEMENTATION AND REPORTING.
A. Within twelve (12) months from passage of this Ordinance, the Director of Transportation shall prepare and adopt standard operating guidelines that define the process for implementation of Complete Streets. The Standard Operating Guidelines shall include at a minimum:
1. An internal process to identify and prioritize opportunities for implementation of Complete Streets when reviewing and implementing modifications to existing streets, including resurfacing and repaving projects.
2. A community engagement process for:
(a) implementation of specific Complete Streets projects; and
(b) ongoing communication with residents and businesses.
3. Recommendations for review of Land Development Code standards to ensure implementation of Complete Streets when development and redevelopment is proposed.
4. Standards and requirements for reporting Complete Streets implementation to the public.
5. Criteria for measuring outcomes of Complete Street applications for public and private improvements.
6. Criteria and standards to ensure equitable results for Complete Streets improvements.
B. Design Standards.
1. Metro’s Complete Streets Design Manual shall generally follow accepted or adopted design standards and use the best and latest design standards available from the North American City Transportation Officials (NACTO); and shall be made publicly available online.
2. In recognition of context sensitivity, public input and the needs of many users, a flexible, innovative, and balanced approach that follows other appropriate design standards may be considered, provided that a comparable level of safety for all users is present.
C. Metro shall view Complete Streets as integral to everyday transportation decision-making practices and processes. To this end:
1. The Department of Public Works, Develop Louisville, and other relevant departments, agencies, or committees will incorporate Complete Streets principles into all existing plans, manuals, checklists, decision-trees, rules, regulations, and programs as appropriate including, but not limited to, Comprehensive Plan 2040 and Move Louisville;
2. The Department of Public Works, Develop Louisville, and other relevant departments, agencies, or committees will review current design standards, including the Land Development Code which apply to new roadway construction, to ensure that they reflect the best available design standards and guidelines, and effectively implement Complete Streets, where feasible;
3. When available, Metro shall offer professional development and training through conferences, classes, seminars, and workshops to staff;
4. Metro staff shall identify current and potential future sources of funding for street improvements and recommend project selection criteria to support the implementation of Complete Streets;
5. Metro shall promote inter-departmental project coordination among city departments with an interest in the activities that occur within the public right-of-way in order to better use fiscal resources; and
6. An annual report will be made to Metro Council showing progress made in implementing the Complete Streets policy. The Department of Public Works, Develop Louisville, and other relevant departments, agencies, or committees shall report on the annual increase or decrease for each performance measure contained in this ordinance compared to the previous year(s). This report shall be made publicly available online.
SECTION II: That the Complete Streets Policy is hereby adopted as an amendment to Plan 2040, the Comprehensive Plan. The Complete Streets Priority Areas map is attached to this Ordinance for reference.
SECTION III: This Ordinance shall take effect upon passage and approval.
_______________________________ ________________________________
H. Stephen Ott David James
Metro Council Clerk President of the Council
_______________________________ ________________________________
Greg Fischer Approval Date
Mayor
APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
By: ____________________________
O-279-19 - Amend Complete Street Policy (as amended) (8-22-19).docx db