boardname
PLANNING AND ZONING BOARD
Meeting Date: JANUARY 26, 2022
title
ASSISTED LIVING FACILITY EASEMENT ABANDONMENT
projectinfo
Request: Abandonment
P&Z# 21-27000002
Owner: Christallis Manor III, LLC
Project Location: 420 N Riverside Drive
Folio Number: 484331120202
Land Use Designation: High (25-46 DU/AC)
Zoning District: RM-45 (Multi-Family Residence 45
Commission District: 1 (Andrea McGee)
Agent: Amparo Dierking (954-274-5573)
Project Planner: Maggie Barszewski (954-786-7921/maggie.barszewski@copbfl.com
otherinfo
Summary:
This is a request to abandon an 18 by 3-foot portion of a Utility easement, by Amparo Dierking on behalf of Christallis Manor, LLC. The utility easement had been recorded as part of the Surfside Villas Plat, O. R. Book 26, Page 43. A portion of the structure now housing the Christallis Manor Assisted Living was constructed encroaching the utility easement that has no assets within it. The structure was built in 1979 and the applicant only wants to abandon the portion of the easement where the encroachment exists in order to clear the title on the property.
REVIEW AND SUMMARY
A. The following Service Providers commented on this request (all such comments must be received prior to City Commission unless conditioned otherwise):
Community Redevelopment: No Objection
Code Compliance: No Objection
Fire Department: No Objection
Public Works Department: No Objection
Development Services: No Objection
Utilities Department: 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 Comments have been received
B. Development Services Department staff submits the following factual information which is relevant to this abandonment request:
1. The property is located at 420 N. Riverside.
2. The Applicant’s request is necessary in order to clear the title on the property.
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 four service providers that have not yet submitted comments, which include: FP&L AT&T, TECO Gas Company and Comcast. Therefore a condition will be recommended to ensure this is addressed prior to first reading by the City Commission.
With the condition of submitting the above-noted missing service provider letters, the abandonment of this easement meets the standards of Section 155.2431.D.1. & 2, and therefore staff recommends approval of this request with one condition.
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; however, it will not be placed on a City Commission agenda until the following condition is met:
1. The submittal of the remaining service providers letters with no objection.
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.