HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM
FILE ID: 08-01 LYN
Date: 11/4/2008
Commission Meeting Date: 12/11/2008
Type: f] Resolution ® Ordinance
❑ Other
Requesting Department: Public Works
District Impacted: ALL
Emergency Ordinance E. Discussion Item
Subject: An Ordinance amending, Chapter 55 of the City Code regarding the use of air rights
Purpose of Item:
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The purpose of this Ordinance is to amend Section 55-14 of the City Code concerning encroachments
into the rights -of -way and easements, specifically to include a declaration of quantifiable public
benefit for the non -occupiable (passageway) use of the aerial and subterranean rights above and below
rights -of -way and easements.
Background Information:
See attached supplement.
Budget Impact Analysis
NO Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
CIP 1\)i�
Final Approvals
(SIGN AND DATE)
Grants 1 Risk Management t`l
If using or receiving capital funds
i
Purchasing N Dept. Director ,
Chief City Manager
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Background Information:
The Florida Building Code authorizes local government having jurisdiction to regulate encroachments
above and below rights -of -way. The City Code currently permits property owners to seek approval from
the City Commission to permit an overpass (passageway) above rights -of -way and easements.
However, the Code does not require any specific public benefit for such encroachments, hence, a
property owner may procure exclusive non -occupiable usage of air rights above streets, alleys and
easements without commitment. This amendment to the City Code will further protect the interests of
the general public to include regulation of both aerial and subterranean encroachments and require the
property owner to quantify the public interest benefit to obtain the right to use the space above and
below rights -of -way and easements for the passage of pedestrians and/or vehicles.
As a point of reference, there are 20 previously approved overpasses/underpasses within the City with
approvals dating from 1944 to the present; 9 interconnect and serve public government properties and 11
interconnect and serve private properties. The ability to consider the various public interest benefits
based on the intended use of all types of property ownership, i.e. government, commercial, affordable
residential, health research, has been retained in the attached Ordinance.
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