SUBJECT:
Title
Request for Waiver from Land Development Code Section 6.12.12.A.-D. - Sidewalks for a Preliminary Plat for River Crest (fka River Run), Parcel Number 3296-000-001, Application Number 33308 (Budget Impact - None)
Body
INITIATOR: DEPARTMENT:
Ken McCann, Fire Marshal Development Review Committee
DESCRIPTION/BACKGROUND:
The Applicant, Rogers Engineering, LLC, requests a waiver to Land Development Code (LDC) Section 6.12.12. A-D. which states:
A. Sidewalks shall be provided in the Urban Area, Rural Activity Centers, and Specialized Commerce Districts along arterial, collector, and major local streets where these streets adjoin the project and minimally along one side of the internal streets. Sidewalks shall be constructed with all-weather surfaces and shall meet Americans with Disabilities Act, Florida Building Code, and Florida Department of Transportation (FDOT) Design Standards.
B. Sidewalks outside the right-of-way and independent of the street system are encouraged as an alternative to sidewalks parallel to a roadway, provided equivalent pedestrian needs are met.
C. The sidewalk system shall provide connectivity between existing and proposed developments.
D. At the discretion of the Development Review Committee, in lieu of construction along external streets, the developer may pay a sidewalk fee to the County in an amount necessary to complete construction. This amount shall be determined by the project engineer and approved by the County with payment required prior to final plan approval. The County may use these funds toward the construction of sidewalks throughout the County based on priorities established by the Board.
The Applicant has stated that the internal roads serving the subdivision are classified as “Subdivision Local” streets and has interpreted Section 6.12.12.A of the Land Development Code to mean that sidewalks are therefore not required.
The subject property is located in the southwest portion of the County on approximately 8.29 acres, within the existing Rainbow Springs Golf and Country Club Estates community, and is located within the County’s Urban Area as identified by U.S. Census Bureau urban area mapping.
This waiver request was denied by the Development Review Committee (DRC) on December 15, 2025. In denying the request, the DRC interpreted Land Development Code Section 6.12.12 and found that because the subject property is located within the Census-defined Urban Area, Section 6.12.12.A requires sidewalks to be provided minimally along one side of the internal subdivision streets. The DRC further interpreted Section 6.12.12.B and found that the required sidewalk may be located outside of the right-of-way. Based on these interpretations of the Land Development Code, the DRC upheld staff’s recommendation for construction of a five-foot-wide sidewalk through Tract A connecting to an existing network of informal pedestrian paths within the former Rainbow Springs Golf Course property.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Motion to uphold DRC’s action for the waiver request.
end