boardname
PLANNING AND ZONING BOARD
Meeting Date: FEBRUARY 28, 2024
title
ZION MISSION EASEMENT ABANDONMENT
projectinfo
Request: Easement Abandonment
P&Z# 23-27000005
Owner: Zion Mission Inc
Project Location: NE 1 Ave
Folio Number: 484223090270
Land Use Designation: M (Medium 10-16 DU/AC)
Zoning District: RM-20 (Multiple-Family Residence 20)
Commission District: 2 (Rhonda Sigerson-Eaton)
Agent: Carolina Brito (carolinabrito@gmail.com)
Project Planner: Maggie Barszewski (954-786-7921 / Maggie.barszewki@copbfl.com)
otherinfo
Summary:
This is a request to abandon a 12-foot wide utility easement by Applicant, Carolina Brito, on behalf of the owner, the Zion Mission Inc. The easement is shown on the face of the
Pompano Estates Third Addition, Plat Book 58, Page 30 and Pompano Estates, Plat Book 36, Page 38. This had been a perimeter utility easement located on a triangular remnant parcel left from the construction of I-95, which is on the west side of NE 1st Avenue. The lot includes portions of 2 parcels separated by what had been a perimeter utility easement. There are no utility assets within the easement. The property owner wants to sell the parcel to a builder who intends to construct one single-family home on the property without being encumbered by this easement.
REVIEW
A. The following Service Providers commented on this request:
Code Compliance: No Objection
Fire Department: No Objection
Public Works Department: No Objection
Development Services: No Objection
Utilities Department: No Objection
FP&L: No Objection
AT&T: No Comments have been received
FDOT Not Applicable
TECO Gas: No Objection
Comcast Cable: No Comments have been received
B. Development Services Department staff submits the following factual information which is relevant to this abandonment request:
1. The subject utility easement property to be abandoned is located on a triangular remnant parcel left from the construction of I-95.
2. The Applicant’s request is necessary in order to develop the property without being encumbered by this easement.
C. Review Standards
Section 155.2431 D. 1. & 2. states that an application for vacation or abandonment of a public right-of-way or easement shall be approved only on a finding that all of the following standards are met:
1. The right-of-way or easement is not now, or in the foreseeable future, of any benefit to the city or its inhabitants; and
2. Vacation or abandonment of the right-of-way or easement is consistent with the comprehensive plan.
D. Staff Analysis
All of the City service providers have stated they have no objection to this request. There are two service providers that have not yet submitted comments, Comcast and AT&T. The outstanding statements of no objection are required prior to the City Commission consideration.
With the exception of the outstanding letters of no objection, the abandonment of this easement meets the standards of Section 155.2431D.1. & 2, and therefore staff recommends approval of this request.
DEPARTMENT RECOMMENDATION
Given the information provided to the Board, staff provides the following alternative motions for the Board’s review.
Alternative Motions
I- Approve with conditions
Recommend approval to the City Commission as the Board finds that the easement abandonment meets the standards of Section 155.2431D.1. & 2. With the following condition:
1. All outstanding letters of no objection must be received prior to the City Commission hearing.
II- Table
Table this abandonment request to allow time for the Applicant to address any issues raised by the affected parties, the Board or the general public.
Staff recommends alternative motion number I.