CITY OF TALLAHASSEE
CITY COMMISSION AGENDA ITEM
ACTION REQUESTED ON: September 23, 2009
SUBJECT/TITLE: Introduction of Ordinance 09-Z-49 Amending the Chabad House PUD Ordinance to Waive Payment of Sidewalk Fee-in-Lieu
TARGET ISSUE:
STATEMENT OF ISSUE
On July 11, 2007, the City Commission approved Ordinance No. 06-Z-34AA, approving the Chabad House of Tallahassee (Chabad House) Planned Unit Development (PUD) with conditions. (Attachment 1) The Chabad House is a religious facility designed to serve the Jewish community in Tallahassee. It is located at the intersection of Meridian Road (a designated canopy road) and Plantation Road (a residential street).
Two of the conditions for the PUD required the Chabad House to pay a fee in lieu of constructing sidewalks on Meridian Road and Plantation Road. The fee-in-lieu has been calculated by the Public Works Department to be $12,724.20. During this time of economic downturn, the Chabad house is experiencing a shortage of funds and has requested to have the fees waived. Since the requirements are in the PUD ordinance, an ordinance is required to waive the requirements. Ordinance No. 09-Z-49 is before the City Commission for introduction and to set the public hearing for Wednesday, October 28, 2009.
RECOMMENDED ACTION
1. Option 3. Do not introduce Ordinance No. 09-Z-49, and maintain the current requirement that the Chabad House pay the fee-in-lieu as required by Ordinance No. 06-Z-34AA.
FISCAL IMPACT
If the ordinance is approved, the fee-in-lieu of $12,724.20 will not be paid or available for use in constructing sidewalks on the Sidewalk Priority List.
James R. English, City Attorney
For Information, please contact: Linda Hudson, Assistant City Attorney, ext. 8554
SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS
HISTORY/FACTS & ISSUES
The Chabad House is a religious facility designed to serve the Jewish community in Tallahassee. It is located at the intersection of Meridian Road (a designated canopy road) and Plantation Road (a residential street). On July 11, 2007, the City Commission approved Ordinance No. 06-Z-34AA, approving the Chabad House of Tallahassee (Chabad House) Planned Unit Development (PUD) with conditions. (Attachment 1) The PUD ordinance changed the zoning from Residential Preservation 1 to PUD to allow the operation of a religious facility with some non-religious activities on the site, such as a day care center.
The approved PUD ordinance included 31 conditions, most of which have been met. Two of the conditions for the PUD, however, require the Chabad House to pay a fee in lieu of constructing sidewalks on Meridian Road and Plantation Road. See conditions #21.D and 22. The fee-in-lieu has been calculated by the Public Works Department to be $12,724.20. During this time of economic downturn, the Chabad house is experiencing a shortage of funds and has requested to have the fees-in-lieu waived. (Attachment 2)
In order to continue the conversion of the single family home to a religious facility, the Chabad House delivered a check for the amount of the fee-in-lieu to the City Attorney, who is holding the check in escrow until the Chabad House’s request for waiver of the fee is heard by the City Commission. Since the requirements are in the PUD ordinance, an ordinance is required to amend the PUD ordinance to waive the requirements. (Attachment 3)
The Chabad House’s request for waiver of the fee-in-lieu went before the Development Review Committee on August 24, 2009 for review and analysis. The staff reports of the Planning Department, Growth Management Department, and Public Works Department are attached as Attachment 4, and are summarized below:
1. The Planning Department found the request inconsistent with the Tallahassee-Leon County Comprehensive Plan and recommended denial;
2. The Public Works Department found that the request should not be approved and the fees should not be waived under the Development Requirements of City Commission Policy 600, the Street Paving and Sidewalk Policy (Attachment 5);
3. The Growth Management Department agreed with the Planning and Public Works Departments and recommended denial of the request for waiver.
The five members of the Development Review Committee unanimously recommended denial of the request. (Attachment 6)
The Chabad House’s justification for the waiver of the fee-in-lieu is found in its application. In summary, it rationalizes that since the City is not likely to construct the sidewalk on Meridian Road within the canopy road protection zone and is not requiring construction of the sidewalk on Plantation Road and because the Chabad House has been significantly affected by the current economic downturn, it should be excused from paying the fee-in-lieu. See page 7 of 12 in Attachment 2.
The City Attorney’s Office has assisted the applicant by drafting an ordinance that, if approved, would grant the Chabad House’s request for waiver of the fee-in-lieu. The City Attorney’s Office, however, agrees with the recommendation of the Development Review Committee, and recommends Option 3 below, that the ordinance not be introduced or set for public hearing. If the City Commission feels that the sidewalk fee-in-lieu is inequitable or represents an outdated policy, the policy should be revised to apply to all developers - not waived for one applicant due to a temporary economic hardship.
Ordinance No. 09-Z-49 is before the City Commission for introduction and to set the public hearing for Wednesday, October 28, 2009.
OPTIONS
1. Introduce Ordinance No. 09-Z-49, and set the first and only public hearing for Wednesday, October 28, 2009, at 6:00 P.M.
2. Introduce Ordinance No. 09-Z-49, as revised by the City Commission, and set the first and only public hearing for Wednesday, October 28, 2009, at 6:00 P.M.
3. Do not introduce Ordinance No. 09-Z-49, and maintain the current requirement that the Chabad House to pay the fee-in-lieu as required by Ordinance No. 06-Z-34AA.
4. Do not introduce Ordinance No. 09-Z-49, and provide directions to staff.
ATTACHMENTS/REFERENCES
Attachment Document (includes the following attachments)
1. Ordinance No. 06-Z-34AA, the Chabad House of Tallahassee PUD Ordinance
2. Application from the Chabad House for waiver of the requirement to pay the sidewalk fee-in-lieu
3. Proposed Ordinance 09-Z-49, waiving the requirement to pay the sidewalk fee-in-lieu
4. Staff reports to the Development Review Committee from Planning, Public Works, and Growth Management Departments
5. City Commission Policy 600 – Street Paving and Sidewalk Policy
6. Development Review Committee recommendation of denial dated August 24, 2009