boardname
PLANNING AND ZONING BOARD
Meeting Date: APRIL 26, 2023
title
SUNEXUS APARTMENTS EASEMENT ABANDONMENT
projectinfo
Request: Easement Abandonment
P&Z# 23-27000004
Owner: Sunexus Park LLLP
Project Location: 820 NW 9th Ave
Folio Number: 484234120010
Land Use Designation: M (Medium 10-16 DU/AC)
Zoning District: RM-20 (Multiple-Family Residence 20)
Commission District: 4 (Beverly Perkins)
Agent: Miguel Ortiz (305-333-3135)
Project Planner: Maggie Barszewski (954-786-7921 / maggie.barszewki@copbfl.com)
otherinfo
Summary:
This is a request to abandon a 10-foot wide utility easement, by Miguel Ortiz on behalf of the owner, Sunexus Park LLLP. The easement is illustrated on the face of the Annie Laurie Plat, Plat Book 72, Page 13. This utility easement is located on a parcel lying on the northeast corner of NW 9 Avenue and NW 8th Street. There are no utility assets within the easement. The abandonment will allow the development of the property to not be encumbered by this easement.
REVIEW AND SUMMARY
A. The following Service Providers commented on this request:
Code Compliance: No Comments have been received
Fire Department: No Objection
Public Works Department: No Objection
Utilities Department: No Objection
FP&L: No Comments have been received
AT&T: No Objection
FDOT No Objection
TECO Gas: No Objection
Comcast Cable: No Objection
B. Development Services Department staff submits the following factual information which is relevant to this abandonment request:
1. This utility easement is located on a parcel lying on the northeast corner of NW 9 Avenue and NW 8th Street
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 service providers that have submitted comments have stated they have no objection to this request. Only FP&L and Code Enforcement have not yet submitted a comment. Therefore a suggested condition will require these comment letters 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.
Staff Conditions:
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. That the Applicant provides the no objection letter from FPL and Code Enforcement.
2. The Applicant must submit a sketch and legal description of abandonment area.
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.