Provide Placement: New Business
Action Requested: Discussion
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Discuss Staff Response to Sawgrass Lakes PUD Outstanding Concerns
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Submitted By: Diana Spriggs, P.E., Regulatory Division Director, Public Works
Strategic Plan Link: The City’s Mission to be responsive to our community.
Executive Summary (General Business): At the January 11, 2021 City Council meeting, Council expressed concern over the placement and requested removal of sidewalks within the Estates at Sawgrass Lakes Phase 3. The Council also heard and discussed: subdivision bond tracking, final lift of asphalt placement, and tracking of department-directed conditions
Presentation Information: N/A
Staff Recommendation: Subject to the execution of Right of Entry Agreements, Authorize Staff to use City resources to remove the sidewalks and restore sites within Sawgrass Lakes PUD.
Background: During the first reading of the Ordinance 20-87 Approving the Amendment of the Sawgrass Lakes planned unit development (“PUD”) (P20-152) at the December 14, 2020 City Council Meeting, the Council heard a request to amend the PUD conceptual plan submitted by Sawgrass Lakes Master Association and Paar Estates Property Owners Association as the project was constructed with incomplete sidewalks and street trees by the previous developer. Multiple single-family homes had already been constructed and received their Certificate of Occupancy, however, only some had street trees and sidewalks. Following the 2008/2009 recession a bond requiring the installation of infrastructure as obligated by the original developer expired without being called for execution by the City. The applicant submitted a request to update the conceptual plan to add a right-of-way typical for Phase 3A and 3B of Paar Estates without the sidewalks and to relocate required street trees to the preserve area. Residents voiced concerns and City Council discussed the sidewalk removal and final lift of asphalt within the development with the hopes that Holiday Builders, a builder building on individual lots in the development, would perform the work. A via memo was provided to Council about the discussions that City staff had with Holiday Builders and the Sawgrass Lakes Property Owners Association (“POA”). During the second reading of Ordinance 20-87 for the PUD Amendment on January 11, 2021, Council approved Ordinance 20-87 amending the PUD and Conceptual Development Plan for Sawgrass Lakes PUD and directed the City Manager to work with the POA to develop a plan to ensure removal of the already constructed sidewalks and installation of the final lift of asphalt within the above-mentioned residential subdivision.
Prior to the conclusion of the City Council meeting on January 11, 2021, all staff in the Public Works Department involved with inspections and or residential permitting received notice that sidewalks were not required in this subdivision and no more were to be constructed. On Tuesday, January 12, 2021, the morning following the Council approval, the Public Works Director, Bob Sweeney, spoke with the workers on site within the development to let them know that sidewalks will no longer be required. Mr. Sweeney also called and left a voicemail for Troy Smith of Holiday Builders informing him that sidewalks are no longer required. Joel Dramis, Building Code Administrator, emailed and received a confirmed response from Trevor Lewis, Division President - Southeast Region of Holiday Builders to notify of this directive as well. There are three (3) other home builders (JC & Sons, Associated Homes, and Groza Builders) currently under construction within the Sawgrass Lakes development that have also been notified of the change to no longer install sidewalks.
If directed by Council, Public Works Staff will cause to be removed the existing sidewalks within Phase 3A and 3B. The sidewalk removal will include saw cutting along the existing driveways and removing the sidewalk on both sides of the driveway. The City Attorney’s Office drafted Right of Entry Agreements for each property owner with existing sidewalk to be removed as well as a draft Right of Entry Agreement for the Property Owner’s Association (POA) to execute for the portion of sidewalk along the emergency access easement. Each homeowner except for one has been contacted and the POA President is attempting to contact the last resident effected by the sidewalk removals.
If approved by the Council, the work could commence as early as 1/26/21 assuming the property owners execute and authorize the City to enter their property. The work is anticipated to take two (2) full days to complete.
Due to the location of the existing sidewalk, it is unlikely that we will encounter any irrigation or landscaping. However, the City will repair any damage it causes.
Continuing Services Contractor, Ranger Construction, provided a quote for the final lift of asphalt with a completion date of 3/31/2021. That includes 3 days of work on site. Staff is discussing potential options to obtain funding for the final asphalt lift with Paar Estates Developing and Holiday Builders and has met with the principals for both entities (Paar Estates on January 15, 2021/Holiday Builders January 20, 2021). To date the City and the parties have not reached a mutually agreeable resolution.
The Planning & Zoning Department will ensure the developers complete all other MPUD requirements.
Issues/Analysis: Property Owners will need to execute a Right of Entry Agreement with the City before the work can occur on private property.
Financial Information: Estimated internal cost of $10,243.21 for labor, equipment, and materials for sidewalk work performed by City Staff. The quote for the final lift of asphalt is for $74,916.70 received by Ranger Construction. Discussions are occurring with the private parties to get the funding for the asphalt.
Special Consideration: Work is located on private property and authorization is required before the City may enter and make the repairs.
Location of Project: Sawgrass Lakes Subdivision along Vista Lake Drive
Attachments:
1. Sawgrass Lakes Via Memo
2. Sidewalk Quote - City Staff
3. Asphalt Quote - Ranger Construction
4. Proposed Resolution Approving Removal of Sidewalks
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 5901
Legal Sufficiency Review:
Reviewed by James D. Stokes, City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.