Agenda Item # 2
Columbus Consolidated Government
Council Meeting
08/09/2011
Agenda Report # 681
TO: Mayor and Council
SUBJECT: Sidewalk Variance for 8365 Whitesville Road
INITIATED BY: Engineering
Recommendation: Recommend approving the attached Resolution authorizing a
variance to City Code Section 7.10.1 for the development at 8365 Whitesville
Road to allow the sidewalk construction be delayed until adjoining properties
are developed or within a two year period, whichever occurs first.
Background: Shannon Wiley Morpeth, owner of Double Churches Animal Clinic, is
building a new animal clinic at 8365 Whitesville Road. This new development
was reviewed by the Engineering Department with plans being approved that
includes a five (5') concrete sidewalk along the west side of Whitesville Road
across the frontage of the property in accordance to City Code Section 7.10.1.
The plan review also approved the required landscaped buffer for this
commercial property. Mrs. Morpeth submitted a written request to delete the
requirement of sidewalk and landscaped buffer across the front of her property
by a letter dated August 2, 2011 for which a copy is attached.
Analysis: City Code Section 7.10.1 was approved as part of the adoption of the
UDO in response to the criticism that sidewalks are not available for
pedestrians in Columbus. This Code requires that all new residential,
commercial and industrial developments be constructed with sidewalks on the
City's right-of-way. The City includes new sidewalks on all major roadway
projects as exampled by Williams Road widening project from Whitesville Road to
Williams Way. The Williams Road project built sidewalks along the north and
south curbs of Williams Road, south along west side of Whitesville Road south
of Williams Road and north along the west side of Whitesville Road some 50 feet
toward the new Animal Clinic.
The Engineering Department does not support eliminating the sidewalk and
landscaping along the Whitesville Road frontage because the there are two
vacant lots south of this site on the west side of Whitesville Road as well as
vacant property across Whitesville Road. If we delete the sidewalk requirement
for this property, then all other adjacent developments will ask for the same
thus destroying connectivity to the sidewalks the City built. It is our
recommendation to allow postponing the sidewalk construction until adjacent
properties develop or for a period not to exceed two years, whichever occurs
first. The resolution will allow the owner to request an extension of time
should the adjoining properties not develop within the two year period.
Financial Considerations: There are no financial impacts to the City.
Projected Annual Fiscal Impact Statement: There are no future financial
impacts to the City.
Legal Considerations: A variance to the City Code involving public
rights-of-way require Council approval and developer will be required to
furnish performance bond or letter of credit and agreement with security deed
to cover future sidewalk construction..
Recommendations/ Actions: Approve the recommended variance.
A RESOLUTION
NO. _____
A RESOLUTION AUTHORIZING A VARIANCE TO CITY CODE SECTION 7.10.1 FOR THE
DEVELOPMENT AT 8365 WHITESVILL ROAD, THE NEW DOUBLE CHURCHES ANIMAL CLINIC;
ALLOWING THE SIDEWALK CONSTRUCTION TO BE POSTPONED UNTIL THE COMMERCIAL
PROPERTIES ADJACENT AND ACROSS WHITESVILLE ROAD ARE DEVELOPED OR FOR A PERIOD
OF TWO YEARS, WHICHEVER OCCURS FIRST.
WHEREAS, construction plans were approved for the construction of the afore
mentioned Animal Clinic that includes the construction of a five (5?) concrete
sidewalk in accordance to City Code Section 7.10.1 along the west side of
Whitesville Road for the length of this property; and,
WHEREAS, the construction of the new Double Churches Animal Clinic nears
completion on or about August 26, 2011 with more expenses than anticipated; and,
WHEREAS, there are not any sidewalks on either side of Whitesville Road north
of Williams Road due the property being undeveloped; and,
WHEREAS, the construction of the sidewalk and shoulder work creates a
considerable financial burden on this new business; and,
WHEREAS, postponing the sidewalk construction until other businesses
are developed that need sidewalk and pedestrian traffic or for a period of two
(2) years from the adoption of this resolution, whichever occurs first reduces
the initial financial impact; and,
WHEREAS, the owner shall receive written notification from the Director
of Engineering when the conditions described herein trigger the need for the
construction of the five (5?) concrete sidewalk across the frontage of 8365
Whitesville Road; and,
WHEREAS, the owner reserves the right to request an extension in time
from Council should the adjoining properties fail to develop within the two (2)
year period.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:
That a variance be granted to City Code Section 7.10.1 for the construction of
sidewalks to allow installation of the sidewalks for this development to be
postponed until the development of adjacent parcels or for a period not to
exceed two years whichever occurs first. The developer (1) shall supply a
performance bond or (2) shall supply a letter of credit satisfactory to the
City, and (3) shall supply and execute an agreement and security deed
satisfactory to and in favor of the City to provide for future sidewalk
construction.
Introduced at a regular meeting of the Council of Columbus, Georgia, held
the _________day of _____________, 2011 and adopted at said meeting by the
affirmative vote of _________members of said Council.
Councilor Allen voting __________.
Councilor Henderson voting __________.
Councilor Huff voting __________.
Councilor McDaniel voting __________.
Councilor Turner Pugh voting __________.
Councilor Woodson voting __________.
_____________________________ _________________________
Tiny Washington, Clerk of Council , Mayor
Attachments