boardname
PLANNING AND ZONING BOARD
Meeting Date: NOVEMBER 16, 2022
title
GATEWAY LUXURY APARTMENTS EASEMENT ABANDONMENT
projectinfo
Request: Easement Abandoment
P&Z# 22-27000007
Owner: US Gateway Investments LLC
Project Location: 950 N Powerline Rd
Folio Number: 484234480010
Land Use Designation: Commercial
Zoning District: B-3 (General Commercial)
Commission District: 4 (Beverly Perkins)
Agent: Tiffany Crump (954-788-3400)
Project Planner: Maggie Barszewski (954-786-7921 / maggie.barszewki@copbfl.com)
otherinfo
This is a request to abandon a 24-foot access easement by Keith, Inc. on behalf of US Gateway Investments, LLC. The easement is located the east side of Powerline Road, approximately 500 feet south of Dr. Martin Luther King Jr. Blvd (with an address of 950 N Powerline Road). The easement is shown on the face of the Hurok Plat (P.B. 178 - PG. 164 & 165). The Easement will be replaced with a smaller access easement providing a cross access with the adjacent property to the north. The abandonment will allow for the construction of the northernmost proposed building included in the “Gateway Luxury Apartments” project Site Plan that is also being considered at the November 16th Planning & Zoning hearing.
REVIEW AND SUMMARY
A. The following Service Providers commented on this request:
Code Compliance: No comments have been received
Fire Department: No comments have been received
Public Works Department: No objection
Development Services: No objection
Utilities Department: No comments have been received
FP&L: No comments have been received
AT&T: No objection
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 area to be abandoned is located within the “Gateway Luxury Apartments” project, which is located at 950 N Powerline Road.
2. The Applicant’s request is necessary to allow for the construction of the proposed development.
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 service providers that have submitted comments have stated they have no objection to this request. There are 5 service providers that have not yet submitted comments, which include: Code Compliance, Fire, Public Works, and the Utility Departments from the City and FPL & TECO Gas from the private side. These comments must be received prior to it being presented to the City Commission.
With the exception of providing all of the service provider comments, the abandonment of this easement meets the abandonment standards of Section 155.2431 D.1. & 2, and therefore staff recommends approval of this request with the condition that the remainder of the service provider comments be provided prior to City Commission.
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 155.2431 D.1. & 2, with the following conditions that must be satisfied prior to placement on a City Commission agenda:
1. All service provider no-objection letters have been received; and
2. The applicant provides staff with proof that the new access easement has been submitted to the County for recordation.
II- Table
Table this abandonment request to allow time for the Applicant to address any objections raised by the affected parties or to get additional information.
Staff recommends alternative motion number I.