title
TEXT CHANGE - SIDEWALK CAFES - REQUIREMENTS FOR USE OF STATE RIGHT-OF-WAYS (B)
Ordinance 130895; Petition No. PB-14-31 TCH
An ordinance of the City of Gainesville, Florida, amending the Land Development Code Section 30-121 Sidewalk cafes to add provisions required by the Florida Department of Transportation in order for the city to permit sidewalk cafes to be located in state right-of-ways; amending Appendix A - Schedule of Fees, Rates and Charges of the Code of Ordinances to add an annual license agreement fee for sidewalk cafes located in State of Florida right-of-ways; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
This ordinance amends the Land Development Code to add certain provisions that the Florida Department of Transportation (FDOT) requires if the city would like to permit sidewalk cafes to be located in state right-of-ways. Specifically, the FDOT now requires an annual fee of two dollars per square foot of state right-of-way used, requires any business using a state right-of-way to carry general liability insurance with certain minimums, and requires the city to sign a lease agreement with the FDOT for the use of any applicable state right-of-way. The city would then sublease with a business for use of that state right-of-way by executing a license agreement with the business.
On November 13, 2013, the Community Development Committee discussed this issue, heard from stakeholders and directed staff to initiate a petition and develop a process to allow sidewalk cafes on state right-of ways in accordance with the FDOT requirements. Sidewalk cafes are currently allowed in the Central City District (CCD) and within the College Park Special Area Plan. The Community Development Committee directed staff to allow...
Click here for full text