File #: LN-363    Version: 1 Name:
Type: PZB Submission Status: Reported to Council
File created: 10/19/2022 In control: Planning and Zoning Board
On agenda: 11/16/2022 Final action: 11/16/2022
Title: GATEWAY LUXURY APARTMENTS EASEMENT ABANDONMENT
Attachments: 1. PZB Documents_11-16-2022.zip, 2. PZB Drawings_11-16-2022.zip

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PLANNING AND ZONING BOARD

Meeting Date: NOVEMBER 16, 2022

 

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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.