Public Comments
Public Right of Way
Diana Ibarra (Architect)
2207 E. Concord St.
Orlando, FL 32803
407-895-9565
As an architect I offer the following comments regarding the Public Right of Way
Draft. These are frequently encountered questions.
01) See attached .jpg drawing re: Detectable warning locations
I have not seen this condition drawn or documented in the varying publications.
The streets are tree-lined with a setback from the road to the sidewalk edge.
This occurs in residential as well as commercial locations. The sidewalk is a 5’
ribbon that runs directly into the curb ramp. If this case is encountered, the
ramp often ends up occurring on the radius of the roadway.
Opt. 1: Many developers drop the curb ramp prior to the street. In this case,
should the tactile warnings be located at the base of the ramp (per
documentation) or should the tactile warnings be located in a splayed condition
along the radius. Does it lead to confusion if the person traverses a curb ramp
to a flat level surface with no detectable warnings? If the detectable warnings
were located at the base of the ramp it would seem that the purpose of “alerting
to roadway” is lost and a person may continue on with a false sense of security.
Opt. 2: If the ramp is pushed to the edge of the roadway, can a wheelchair
negotiate the splayed detectable warnings? Do the detectable warnings located on
a curve create any confusion for the visually impaired user who may lose
directional orientation as to appropriate cross walk?
02) Title II and private property
Jurisdictions (state, county, or city) regularly improve the roadway system.
Many times when major roadway realignment projects occur the road is often
raised and crowned above previous topographic levels. (The raising of the road
can easily differ between 12” and 6’-0”). Bus stops are added, pedestrian
walkways are provided. However, the access from the roadway and new sidewalks to
the resulting lower grades where businesses occur is not provided. Since this is
on the Public ROW and not the private property owner’s property per se, does the
jurisdiction bear the responsibility of providing ramps down to the previous
grade level walkways?
If the distance from the Public ROW edge to the private landowner’s property
line is substantial, (50’ to 200’, e.g. transmission lines or other utility
easements), who bears the responsibility of crossing that property to reach the
private property’s sidewalk?
03) Detectable warnings:
As an architect, I personally prefer the 2’-0” band at the edge of danger (i.e.
metro platform, roadway, drive lane, etc.) vs. the full length and width of a
curb ramp. The 2’-0” band is more consistent with detectable warnings observed
overseas.
04) Level road way crossing:
I am not a civil engineer, however, the typical drainage flow arrangements for
roadways tend to use the road as a giant gutter. This often conflicts with the
2% cross slope requirement when there is a slight hill. I understand the goal
regarding “table” at the intersection, however, I submit that many civil
engineers are not currently designing to this end and there will be a large
number of lawsuits which will be much more costly to repair than any Title III
modifications currently encountered. In order to “retrofit” an incorrect
installation depths of 8’ to 16’ are required to connect new piping. Either the
entire property has to be regarded or numerous additional outlets are required
based upon the tables. It is not as simple as replacing grab bars. The cost of
correcting this needs to be considered.
05) Residential:
Do these guidelines apply to residential streets in speculative subdivisions
that are covered under the Fair Housing Act? Or are they strictly for commercial
downtown business districts and places of public accommodation (malls, offices
etc.)?
06) 1104.3.7
Does the 48-inch x 48-inch minimum landing “beyond the curb line” refer to the
roadway side of the curb line or the building/sidewalk side of the curb line?
If it refers to the roadway side of the curb line, does this exclude bicycle
paths built parallel with the road?
07) 1102.10 Two-inch contrasting strip
This appears to be very limiting in the design options. E.g. direct lighting on
stair treads or integrally lit stair treads provide good visibility without
mandating the contrasting color. Is there performance criterion that can be
provided to support alternative technical solutions?
08) 1102.5.3 EXCEPTION
This appears to be achievable with 7’-0” doors. Typical 6’-8” doors often have a
closer 2” lower. The typical user of a 6’-8” door is less familiar with the more
technical options of recessed parallel arm closers and those types of closers
often can not be accommodated on a typical 6’-8” door. The dimension is suitable
for commercial storefront applications; however, smaller businesses with
residential appearances may not be able to comply without affecting the
structural header. There are models that would have the closer arm approximately
located at 6’-6-1/2” to 6’-7” aff. (where the closer is mounted above on the
header with the arm mounted on the door). This especially occurs in the retrofit
conditions.
(This is not insurmountable, however, it is something that the typical small
business owner will not be aware of the ramifications as they select a product
from the local home improvement store).
