boardname
PLANNING AND ZONING BOARD
Meeting Date: AUGUST 24, 2022
title
CAPTIVA COVE III ABANDOMENT
projectinfo
Request: Abandonment
P&Z# 22-27000005
Owner: Aloha Pompano, LLC
Project Location: 740 SW 11 St
Folio Number: 494202030130
Land Use Designation: MH (Medium -High 16-25 DU/AC) & Commercial
Zoning District: RM45 (Multi-Family Residences -45) & B3 (General Business)
Commission District: 3 (Tom McMahon)
Agent: Michael Amodio
Project Planner: Maggie Barszewski (954-786-7921 / maggie.barszewski@copbfl.com)
otherinfo
Summary:
This is a request to abandon a 3-foot utility easement by Keith, Inc. on behalf of ALOHA POMPANO, LLC. The easement runs north/south on a parcel of land located at 740 SW 11th Street. The easement is shown on the face of the Amended Plat of Fairview (P.B. 10 - PG. 25). There are no utilities located within the easement. The abandonment will allow for the construction of Building #1 as part of the Captiva Cove Phase III Project. The site plan for this project is currently under review.
REVIEW AND SUMMARY
A. The following Service Providers commented on this request:
Code Compliance: No comments are required
Fire Department: No comments are required
Public Works Department: No Objection
Development Services: No Objection
Utilities Department: No Objection
Lumen Fiber Optics No Objection
FP&L: No comments have been received
AT&T: No comments have been received
TECO Gas: No comments have been received
Comcast Cable: No Objection
B. Development Services Department staff submits the following factual information which is relevant to this abandonment request:
1. The property is located within the Captiva Cove Phase III project and runs north/south within the property located at 740 SW 11 Street.
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 three service providers that have not yet submitted comments, which include: the FP&L, AT&T, and Teco. 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.
Staff Conditions:
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 condition:
1. The abandonment request will not be placed on a City Commission agenda until all service provider no-objection letters have been received.
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.
III- Denial
Recommend denial to the City Commission as the Board finds that the easement serves a public purpose and should not be abandoned.
Staff recommends alternative motion number I.