AGENDA MEMORANDUM

 

 

Meeting Date:           September 28, 2009

 

From:                          James Feagle, Deputy Director of Public Works

 

Subject:                      Ordinance amending Article III, Chapter 18 pertaining to work required in new commercial construction and residential development by establishing a public sidewalk fund

 

 

Staff Recommendation:

Staff recommends adoption of the proposed amendment to Code of Ordinance Article III, Chapter 18 to establish a public sidewalk fund in new commercial construction and residential development.

 

Analysis:

This fund will allow new construction sites within the City that have special or adverse conditions prohibiting sidewalk installation to pay into a fund the current fair market value of their linear footage of sidewalk.

 

Currently, these sites would not have to install sidewalks or pay monetary retribution for the lack of sidewalk installation.  This ordinance also contains provisions for the acceptance of funds from sites that are currently located within an area the City has planned to install pedestrian traffic modification infrastructure.

 

Options:

1.  Adopt the ordinance as presented; or

2.  Such alternative action as the Commission may deem appropriate

 

Fiscal Impact

None

 

Submission Date and Time:    10/9/2009 11:35 AM____

 

 

 

 

 

 

 

Department: _Public Works____________

Prepared by:  _James Feagle___________                     

Attachments:         Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


ORDINANCE NO._______________

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING  ARTICLE III, CHAPTER 18 OF THE CODE OF ORDINANCES PERTAINING TO WORK REQUIRED IN NEW COMMERCIAL CONSTRUCTION AND RESIDENTIAL DEVELOPMENT; ESTABLISHING A PUBLIC SIDEWALK FUND; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

 

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

 

            SECTION 1. Article III of Chapter 18 of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended to read as set forth below:

 

Sec. 18-106.  Work required in new commercial construction and residential development.

 

(a)  When any commercial, industrial or residential property is platted within the corporate limits of the City, which is contiguous to any right-of-way dedicated to the public, or said plat dedicates any right-of-way to the public, and such platted property is improved by the construction of any type of building, structure, parking facility, or any other improvement for which a building permit is required, sidewalks shall be constructed at the expense of the property owner.  This section shall not apply to:

 

(1)  Property platted for single-family residential purposes in which all lots are one (1) acre or larger in area;          

 

(2)  Any single-family residential property located along a dead end street or cul-de-sac, which has ten (10) or fewer single-family lots or tracts along its entire length;

 

(3)  Multi-family or non-residential property, which is projected by the City to have less than one hundred (100) average daily trips according to the most recent version of the Institute of Transportation Engineers Trip Generation Manual, or any similar publication used by the City; or

 

(4)  Instances where the property owner chooses to contribute funds to the sidewalk fund established in Section 18-107 of the code, in accordance with the requirements of Section 18-107.

 

(b)  When any commercial, industrial or residential property within the corporate limits of the City, which is contiguous to any right-of-way dedicated to the public, and within which the City’s sidewalk improvement program funded capital project list has designated the need for construction of a sidewalk or sidewalks, is improved by the construction, reconstruction, renovation, remodeling or repair of any type of building, structure, parking facility, or any other improvement exceeding fifteen thousand dollars ($15,000) in value, sidewalks shall be constructed at the expense of the property owner in accordance with this section.  The exceptions listed in subsection (a) shall also apply to this section.

 

(c)  Sidewalks shall be constructed in the right-of-way immediately adjacent to the owner’s property with a minimum separation between the sidewalk and the edge of any road or street of four (4) feet.  Where the four (4) foot separation is not possible, the sidewalk shall be located within an easement granted by the property owner to the City for public use and maintenance of the sidewalks, of a width sufficient to achieve the required four (4) foot separation.

 

(c)  Sidewalks shall be constructed in the right-of-way immediately adjacent to the owner’s property with a minimum separation between the sidewalk and the edge of nearest roadway travel lane of four (4) feet, in such cases where the sidewalk cannot be installed immediately adjacent to the property within the right of way and maintain the four (4) foot separation, the sidewalk may be installed closer or abut the roadway as long as the roadway meets all of the following conditions:

 

(1)  The roadway may only have a maximum speed limit of 35 miles per hour;

 

(2)  The roadway may not be classified as arterial as defined in the City of Leesburg Code of Ordinances, Section 18-32;

 

(3)  The roadway is required to have a minimum (6”) six inch raised curb.

 

If all of these minimum conditions cannot be met than one of the following will apply:

 

(1)  The developer/owner will be required to donate the cost of installation of the sidewalk to the City of Leesburg sidewalk fund in accordance with fund standards as set forth in this chapter; or

 

(2)  The developer/owner may voluntarily place the sidewalk on their property and dedicate an easement to the City for public use and maintenance of the sidewalks, of a width sufficient to achieve the required four (4) foot separation.

 

(d)  All sidewalks constructed pursuant to this section shall conform to the following:

 

(1)  Sidewalks shall have a width of five (5) feet;

 

(2)  Concrete shall be at least Type I or 3000 p.s.i. strength;

 

(3)  Minimum thickness of sidewalks shall be four (4) inches, except for driveways and other traffic bearing areas, the minimum thickness shall be six (6) inches;

 

(4)  For sidewalks, expansion joints shall be placed every twenty (20) feet with construction joints at all other five (5) foot intervals.  A construction joint shall mean a sawed or tooled joint at least three-fourths (3/4) inches deep from the top of the sidewalk and extending across the width of the sidewalk;

 

(5)  All street and curb cuts shall meet any applicable laws or regulations for access by disabled persons; and

 

(6)  All property site preparation, clearing and leveling shall be completed before installation of any sidewalks.

 

(e)  The City Building Official is hereby directed to withhold the certificate of occupancy or use until such sidewalks are properly constructed as provided in this section.

 

(f)  The City Manager or his designated representative may approve deferment of construction.  Variances to the requirements of this section may be issued by the board of adjustments based on the criteria set forth in section 25-94 of this code.  In no event shall a sidewalk be constructed abutting a Miami or ribbon curb.  In the case of a deferment, the property owner shall provide the City with:

 

(1)  A properly executed covenant to run with the land, which is suitable for recording, and which may be recorded, at the owner’s expense, at the option of the City, and in which the property owner agrees to construct or pay the cost of constructing the sidewalk, when such construction is required by the City;

 

(2)  Financial assurances that the owner will have the ability to construct or to pay the cost of constructing the sidewalk n the future in accordance with the covenant.    The financial assurances shall be of a type and in a form acceptable to the City Manager or his designated representative, including, but not limited to, a performance bond, security deposit, or any other reasonable method deemed appropriate by the City Manager or his designated representative.

 

Sec. 18-107.  Sidewalk Fund.           

 

(a)  A sidewalk fund is hereby established.  The City Commission shall, by resolution, establish accounting and administrative procedures for the operation and administration of the fund.

 

(b)  A subdivider, developer, or property owner responsible for construction of a sidewalk under Sec. 18-106 of this code may elect to meet that requirement in whole or in part by making a cash payment in lieu of actual construction of the sidewalk, if the Director of Public works determines that a sidewalk cannot be constructed on or adjacent to an owner’s property because of terrain, location, inconsistency of a sidewalk at that location with the City’s comprehensive sidewalk plan, lack of connecting sidewalks on adjacent parcels with a low probability of connecting sidewalks being constructed in the near future, or other similar factors.  The in-lieu payment shall be deposited in a sidewalk fund and become the sole property of the City.  No par thereof shall be subject to refund to the subdivider, developer, or property owner.  Nothing in this chapter shall be construed to relieve any subdivider, developer, or property owner of the requirement to construct any improvements that may be required by other provisions of this code.

 

(c)  The amount of the in-lieu payment shall be based on the actual cost of construction and engineering costs for the sidewalk the subdivider, developer, or property owner would otherwise have to construct, as determined in accordance with the following:

 

(1)  The subdivider, developer, or property owner shall submit the cost estimate for the required improvements.  The estimate shall be prepared by a licensed engineer; shall be for actual quantities and costs of construction and engineering for all required improvements for the project; shall be specific to the project site; shall be based on prevailing wages; and shall conform to City standards.

 

(2)  The City engineer or designee shall check the owner’s engineer’s estimates to determine their accuracy, completeness, and conformance, and shall make a recommendation to the City Manager accordingly.  Applying the standards prescribed in the ordinance, the City Manager shall determine whether the subdivider, developer or property owner’s estimate is correct or whether to accept the recommendation of the Public Works Director.

 

(3)  Payment of in-lieu fees shall be made by cashier’s check or wire transfer after the time of final plat approval but prior to the time the plat is recorded with the County Clerk’s office, or prior to the issuance of a building permit if a sub-division plat is not required.

 

(d)  Expenditures from the sidewalk fund shall be used for new sidewalk installation only.

 

(e)  Any person aggrieved by any decision of the Director of Public works under this chapter may appeal such decision to the City Manager by filing a written appeal no later than fifteen (15) days from the date of the decision being appealed.

 

SECTION 2.  If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, this portion deemed invalid or unenforceable shall be severed here from and the remainder of this ordinance shall remain in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

 

SECTION 3.  All ordinances or parts of ordinances, which are in conflict with this ordinance, are hereby repealed to the extent necessary to alleviate the conflict, but shall continue in effect so far as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinance, in which case those ordinances so effected shall be hereby repealed in their entirety.

 

SECTION 4.  This ordinance shall become effective immediately upon its passage.

             

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the 28th day of September, 2009

 

 

                                                                            __________________________

                                                                             Mayor

ATTEST:

 

__________________________

City Clerk