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2019-05-16I. CALL TO ORDER — Chairperson. MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, MAY 16, 2019, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 The May 16, 2019, Technical Review Committee (TRC) meeting was called to order at 10:03 a.m. by Chairperson Montes De Oca. II. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca — Present Building Official Jeffery Newell — Present Fire Chief Herb Smith — Present Police Chief Robert Peterson — Absent (Major Donald Hagan in attendance) Public Works Director David Allen — Present Non -Voting Ex -Officio Members: City Attorney John R. Cook — Present City Planning Consultant Ben Smith — Present City Civil Engineering Consultant — Attendance not requested County Environmental Health Department Victor Faconti — Absent OUA Executive Director John Hayford — Present School District Representative — Absent Committee Secretary Patty Burnette — Present (Ms. Jackie Dunham, General Services Secretary, in attendance as well) III. AGENDA — Chairperson. Chairperson Montes De Oca asked whether there were any requests for the addition, deferral or withdrawal of items on today's Agenda. There being none the Agenda stands as published. IV. MINUTES — Secretary. Fire Chief Smith moved to dispense with the reading and approve the Minutes for the regular meeting held January 17, 2019; seconded by Building Official Newell. Motion carried unanimously. V. NEW BUSINESS — Secretary. A. Abandonment of Right -of -Way Petition No. 19 -002 -SC, requests to vacate that portion of Southeast 4th Street (f/k/a Avenue A), running East to West, lying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of Southeast 10th Avenue (f/k/a Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1st and 2nd Addition to Okeechobee, Plat Book 1, Page 13, Public Records, Okeechobee County, and is approximately 40 feet by 373.5 feet - Senior Planner. Planning Staff Report: Planning Consultant Smith explained the Applicant, Mr. Louis D'Onofrio, owns all of the contiguous parcels and currently maintains the right-of-way. He has obtained all of the necessary utility companies' authorizations. TRC - May 16, 2019 - Page 1 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Petition No. 19 -002 -SC continued. Planning Staff Report continued: Planning Staff's responses to the required findings are the property is designated Single Family on the Future Land Use Map. The right-of-way is not the sole means of access to any property. All three parcels bordering the right-of-way are owned by the Applicant and two of those parcels have access to Southeast 10th Avenue. The proposed right-of-way area to be vacated has not been improved to facilitate vehicular travel. Turning over maintenance responsibility to the Applicant and adding this property to the City tax rolls will be a benefit to the City. Finally, the Applicant has received authorization from all necessary utility entities however, it may be necessary to reserve a portion of this property as an easement in order to preserve the canal. Planning Staff is recommending approval based on these findings. County Environmental Health Department: No issues were received. OUA: No issues were received. Public Works: Public Works Director Allen discussed needing an easement for access to the Augustus Canal for maintenance purposes. Police Department: No issues were received. Building Official: Building Official Newell inquired as to why the Applicant was not asking to abandon the small portion of the East to West right-of-way between Lot 1 of Block F and Lot 1 of Block 4. Secretary Burnette clarified the entire right-of-way would need to be petitioned to be abandoned. The consent of the contiguous property owners would be needed as well as the utility company's authorizations. She had previously discussed this with Mr. D'Onofrio when he submitted his Application. Fire Department: No issues were received. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. Mr. Dennis Boyce, P.A., and Mr. Louis D'Onofrio, the Applicant and Property Owner, were in attendance. Mr. Boyce inquired as to what the Future Land Use (FLU) and Zoning designations would be for the right-of-way should the abandonment be approved. Planning Consultant Smith replied the FLU would be Single Family Residential, which is the current FLU of the surrounding parcels and the Zoning would be Residential Multiple Family, which is currently how those surrounding parcels are zoned. Chairperson Montes De Oca then asked TRC Members to disclose for the record whether they had spoken to anyone regarding the Application or visited the site. There were none. Motion and second was offered by Building Official Newell and Fire Chief Smith to approve Abandonment of Right -of -Way Petition No. 19 -002 -SC, to vacate that portion of Southeast 4th Street (flkla Avenue A), running East to West, Tying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of Southeast 10th Avenue (flk/a Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1St and 2nd Addition to Okeechobee, Plat Book 1, Page 13, Public Records, Okeechobee County, and is approximately 40 feet by 373.5 feet. TRC - May 16, 2019 - Page 2 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Petition No. 19 -002 -SC continued. Building Official Newell offered to amend the motion on the floor to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 19 -002 -SC, to vacate that portion of Southeast 4th Street (f/k/a Avenue A), running East to West, Tying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of Southeast 10th Avenue (flkla Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1St and 2nd Addition to Okeechobee, Plat Book1, Page 13, Public Records, Okeechobee County, and is approximately 40 feet by 373.5 feet, with the following condition: Public Works easement of 12 feet required on the north side on Lot 12 of Block E. Fire Chief Smith seconded the amended motion. Motion and second was offered by Building Official Newell and Fire Chief Smith to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 19- 002 -SC, to vacate that portion of Southeast 4th Street (flk/a Avenue A), running East to West, lying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of Southeast 10th Avenue (f/kla Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1St and 2nd Addition to Okeechobee, Plat Book1, Page 13, Public Records, Okeechobee County, and is approximately 40 feet by 373.5 feet, with the following condition: Public Works easement of 12 feet required on the north side on Lot 12 of Block E. Motion carried unanimously. VI. ADJOURNMENT— Chairperson. There being no further items on the Agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:16 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Service's media are for the sole purpose of backup for official records of the Department. / Maroos Montes D Oca, Chairperson ('&7 ATTEST: Patty M. Burnette, Secretary PoiiutU TRC - May 16, 2019- Page 3 of 3 CITY OF OKEECHOBEE MAY 16, 2019 TECHNICAL REVIEW COMMITTEE HANDWRITTEN MINUTES ILO I. CALL TO ORDER - Chairperson: May 16, 2019 Technical Review Committee Meeting, 10:00 a.m. II. STAFF ATTENDANCE - Secretary platin o Present Absent Administrator Montes De Oca Building Official Newell Chief Peterson Major Hcuyn Smith J Engineer Public Works Director Allen YEA NAY v" ABSENT 1//Chief ✓ Position vacant at this time V Newell Non -Voting Ex -Officio Members: Reterson 1-1901 i Attorney Cook Environmental Health Director Faconti OUA Executive Director Hayford v ,Smith =, J v V. V APPROVED, DENIED ,nom (Senior Planner7Smith sr Iktoa School Representative Secretary Burnette 1" III. AGENDA — Chairperson. ff A. Requests for the addition, deferral or withdrawal of items on today's agenda. '! or?, -C IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Minutes for the regular meeting of January 17, 2019. Srvu moved to dispense with the reading and approve the Minutes for the regular meeting of January 17, 2019; seconded by VOTE YEA NAY ABSTAIN ABSENT Allen ✓ Montes De Oca ✓ Newell ✓ Reterson 1-1901 i ,Smith =, J ✓ APPROVED, DENIED V. NEW BUSINESS - Chairperson. A. Abandonment of Right -of -Way Petition No. 19 -002 -SC, a portion of So t 4th Street, from Southeast 10th Avenue westward to deadend (approximately 40 -feet by 373.5 -feet) - Senior Planner) CAI ?1 ane+-. pow!, a� cl has lyse LLfio chl Now ofres 1. Review Planning Staff Report. n — Cup pii eOJ''+ Owns Sika' ourAc.kz3 maw -COQ n In/ C. Kou) Has ab V0 p� cep`X - D OL- r►t% A p P-mva P 2 V. NEW BUSINESS - continued. A. Abandonment of Right -of -Way Petition No. 19 -002 -SC continued. 2. City Staff comments. Y� �( is �cJ u)CIS�a t�� � I�ew�tl / nqtrrcct O -i �h In ? Sn�i1 preee � n PIVD �6°asernn+- to Map) fz.cf� Would, U Kt_��i2� � L I L 14 Sic t r alt`' 't')t k) arc; /tie{ (Lurk -fz 1.b rR1"-al."(+ e( r}tCr1. 2f I (� -c i� I id two{(s�'., �a A� ont,i4.6 Oh 5‘61" rr vki-Su��tiutl.Pn rl h L ' 4 41) (R s+e .}', f.nlhe:; proP!'411 J +v� I" PP(�w Will Cann Fug o 3 V. NEW BUSINESS - continued. A. Abandonment of Right -of -Way Petition No. 19 -002 -SC continued. 3. Hear from Property Owner or Designee/Agent — Louis D'Onofrio. :D�n nis boyoe. / Aila my foe propel -hi &iwr Orofin 0 4. Public comments or questions from those in attendance, or submitted to the Committee Secretary. 4 V. NEW BUSINESS - continued. A. Abandonment of Right -of -Way Petition No. 19 -002 -SC continued. 5. Disclosure of Ex -Parte Communications by the Committee. 0 f.- l\le vire t 1Orrp',Iil m&f rorlaPP ro, 6. a) Consider a recommendation to the Planning Board to approve or deny the petition with/without contingencies. Motion and a second offered by Neth' d t and Sr,'')-! r to recommend proval denial to the Planning Board_for Abandonment of Right -of -Way Petition No. 19 -002 -SC, a portion of Southeast 4th Street, from Southeast 10th Avenue westward to deadend (approximately 40 -feet by 373.5 -feet), with the following contingencies PYJ.. NQ3e�,-,A,�a of 1 44 on no`1(k,erct Lot G1_ 132. E Side b) Discussion. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT Allen \/ Montes De Oca ,/ Newell t% Peterson Haps\ V Smith sIV APPROVED DENIED VI. ADJOURN - Chairperson. There being no further items on the agenda, Chairperson Iib° adjourned the Technical Review Committee Meeting at )0: l it a.m. 5 10lifyy______5:L(,1 .y / ' . / 7 44A-4-244 to /4o) • ---0 ) \.4‘A-4-4.47 - .5 C- ItILL__ --1 5 - • - NVII,t.A.N.L1 i i e.. ID_ C, tf 7 f 1-4 7 Of\ 4c-7 .• ,,,, ,, ,e.. , tr./..,—).-..,,,,...4...1,1 I '..... ' A• .., A....-.. - ' i,.u.. _ A44,,t C.,,,Ce ..-,1 1. v.„4 -c -i -c ae.c.,..i - - le III 14,014., fA.,..d WI £21,1____O-' _ 3, ?b I iftLetit-, 4 /-i_O /''' e c i ' c, - - re-tAdal _M4,,,_ . _ __ ._ _ _ _ — • _ . . __ . _ ,_ _ . ___ _._______ _ _ CITY OF OKEECHOBEE TECHNICAL REVIEW COMMITTEE OFFICIAL AGENDA MAY 16, 2019 CITY HALL, COUNCIL CHAMBERS 55 SOUTHEAST 3RD AVENUE OKEECHOBEE, FLORIDA 34974 I. CALL TO ORDER MAY 16, 2019, 10:00 a.m. - Chairperson. II. STAFF ATTENDANCE - Secretary. Voting Members: David Allen, Public Works Director Marcos Montes De Oca, City Administrator Jeffery Newell, Building Official Bob Peterson, Police Chief Herb Smith, Fire Chief Non -Voting Ex -Officio Members: John Cook, City Attorney Victor Faconti, Okeechobee County Environmental Health John Hayford, Okeechobee Utility Authority Ben Smith, Senior Planner, LaRue Planning and Management School Representative Patty Burnette, Secretary III. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Minutes for the regular meeting of January 17, 2019. V. NEW BUSINESS - Chairperson. A. Abandonment of Right -of -Way Petition No. 19 -002 -SC, a portion of Southeast 4th Street, from Southeast 10th Avenue westward to deadend (approximately 40 -feet by 373.5 -feet) - Senior Planner. 1. Review Planning Staff Report. 2. City Staff comments. 3. Hear from Property Owner or Designee/Agent — Louis D'Onofrio. 4. Public comments or questions from those in attendance, or submitted to the Committee Secretary. 5. Disclosure of Ex -Parte Communications' by the Committee. 6. a) Consider a motion to recommend to the Planning Board to approve or deny Petition with/without contingencies. b) Discussion. c) Vote on motion. VI. ADJOURN - Chairperson. 'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Technical Review Committee with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863-763-3372. 1 HIDEPENDENT NEWSMEDJA INC. USA Lake Okeechobee News 107 SW 17th Street;'Suite D. Okeechobee, Florida 34974--,:// 863=7.63-3134. " '• =, ,, sir•.., �_.: . 1 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at , Okeechobee, in Okeechobee County, Florida, hot the attached copy of advertisement being a &Il ac- IvG-i1CQ2 in the matter of ict.Q J in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 6kkert Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this day of MOA-1 C) l q AD Notary Public, State of Florida at Large MGIE BRIDGES MY COMMISSION # FF 976149 WIRES: Apol20,2020 "''Fo ,9 Bonded Thu Notary PublicUnderwriters \CP.,:„, \\\ A,..:-7-;'? 'Y, ✓ - \ �.r i--;�'t :), :� 1 d. r ,t" CITY OFO4i EaiO EE PUNIC NOTICE TECHNICAL REVIEW COMM17TEE MEETING NOTICE'S HE EBYGPANthatt eOlYdOkeech#s'TedxtraiPeetw commtte(711naconi talegtfarrreetfgcoThor May16, 2019, at 10 AM, crass= thereafter eel: andem TOty HaL 55 SE 3rd h Rm 200, )Mede agenda oFam,oteemm"bi tek g the General Smits Cake, 80-763-3372 ed. 9320. ANY PERSON DECIDING TD APPEAL ary dedden net by the TRC wth respell to aii Beier mrgdaed at this medtg vA reed to erere a tertan record c( the Pro cee drg is Mede and the lemrd tdbts the testimo- ny and ektence ino- ryandektence upon with the to based In axadercewth the Amedamovi hMitiataAct(uA4),ary toMbad�68vasdfmdb/ the that needsspe�l a rm to patf etc Ins vcceedig, mpococ 3- nolaertlenti�ottst sdayspdor BE ADVISED that s»rEd)oo Intend to sM,v any dcame t pitue, video caernstotMTRChsupportoro ontoanybandotheate,amp/ oFhedoamatpbOx ,ortem M ThepohiedtotheCommtbee Ice the Otys moat• BE ADVISED THAT ONE OR MORE QTY Of OKEECHOBEE COUN- CIL mE KE 10BiECOUN- CILmE BiERSMAYBEINATI@IDANCEATTIQSMETING THIS NOTICE IS POSTE!) TO MEET STATE PUBLIC NOTICEERT32U1RE- MEI1SAND SUNSHINELAWS gr;.QyM er9MatoMetesDeOm PAGE 1 Exhibit 1 May 16, 2019 CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street Okeechobee, Florida 34974 863-763-3372 X 9820 Fax: 863-763-1686 • • t ABANDONMENT OF RIGHT-OF-WAY PETITION PETITION NO. I OOc•-S Cf Apphcata.gn fee (non-refundable) - Note: (Resolution No. 98-11) Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. Date Fee Paid: 1{-(-i 9 Receipt No: L tl 3 5 q- TRC Meeting: 5- lb- 1'1' Publication Date: Letters Mailed: PB/BOA Meeting:Publication G- a0 i Dates: Letters Mailed: City Council 1st Reading: 7 - 119-19 CMR Letter E-mailed: CityCouncil Public Hearing:Publication Date: ' Right-of-way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. [F.S. Ch. 177 § 177.031(16)]. Easements for roads and related purposes shall be considered as right-of-way. Legal Description of the Right -of -Way to he Abandoned: .4. 6 i 8QpainaLt 3i1d - Note: Upon abandonment of a right-of-way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863-763-3154. Purpose of the Right-of-Wayf�-Abandonment:/�ad t/ JdA �yTf �ytly�ll 1 S',t Olt _54-c✓�l1ic 4- /V c''rJ"t. k!' �:i i /�->�Jam" i'L L 12-i:4-/(-4-4-/732- x'/:(' �i Ie r ) r C �' � � !'^r d� ���t 16.)Q -17.0-;')X6,01- ,, Fi „iii li( l—, C,' _� L✓ an/ f 11-2-z.) ,,.,) p4000 That portion of SE 4th Street (f/k/a Avenue A), running E to W, lying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of SE 10th Avenue (f/k/a Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1St and 2nd Addition to Okeechobee, Plat Book 1, Page 13, and is approximately 40 feet by 373.5 feet, Public Records of Okeechobee County, Florida. PAGE 2 Confacf infOrrination bean is I • Boyce, R f• 5coi -7 4-Ia33 clennis €ciennisboyce. pa. coon PETITION NO. 19-0va-SC 11 Name of property owner(s): f Id0 Owner(s) mailing address: M'S 5----‘ A ff,A pt. hi-Pe,,c-.7,:.., OAA ,r -.l V t .-ky, Owner(s) e-mail address: Owner(s) daytime phone(s): 5‘' 1.-- 30 j._7O .7 f Fax: Required Attachments ✓ Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right-of-way. Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS Location map of subject property and surrounding area within 100' (See Information ✓Request Form attached) and dimensions of right-of-way. List of all property owners within 300' of subject property (See Information Request Form attached) Site Plan of property after abandonment. (No larger than 11x 17) ✓ Utility Companies Authorization Form. (See attached) / Supplementary supporting information: Copy of recorded Plat of the Subdivision where right-of-way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right-of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right-of-way abandonment (See attached sample letter) Confirmation of Information Accuracy I hereby certify that the information contained in and/or attached with this petition is correct. The information included in this petition is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this petition. �1 Signature Printed Name Date PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS (Sec. 78-33, page CD78:4 in the LDR's) It is the Petitioner's responsibility to convince the Technical Review Committee, Planning Board/BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his/hP: application and presentation sufficient explanation and documentation to convince the reviewing body to find that: roposed vacation is;consisten. with ornprehensive; .4/ rA, 41'\ p -�(�/ /e. - (AJ -1 s//.,/74.5' 1P/%1),(-/ /0 720PcZ ri 2 Right of way to be'vacated.is not. the.sole; access to any_1propertiy and the r_e,mammg "_ ccess is.not;anjeasement _. n .1 f G 7 ,e7 , le -t-3?d--t C�,_s--- /3, 7, , .••••rs�/3,2 �3 'ProposaRi aiN 1s fir he,pub-10:06-4:04o. itayta..) .:. fwt _o Cki \ .:7- ..„.2--r7/1//7i i .1 f G /t/7427S tipp 4 .••••rs�/3,2 �/.e 6)Pi 4r d ...57Z/20,11) Ply✓t4XtaSv ! 'c.. 3 i..� 07.1F -:.:H 1 dr' 1 1...,• S'..- 5 }.I. ."7 n..17..,,,,,,:=,:,_,.:.,45,51.1,,,--.:‘,4a7-.1,...,.....z-v: 4'.;r' [ j„:. 1 1 T y'.)5 +Proposed�vacation g ,dhoti eopardize=�te.atiorniicany.�utility ,_•. ,*�.: „, �. �� t_ :1 .._,a� fi ,> ,O. t r.�.� c d Poo Com' p e) feiil .Se, /6> The City Staff will, in the Staff Report, address the request and evaluate it and the Petitioner's submission in light of the above criteria and offer a recommendation for approval or denial). Checklist for Abandonment of Right -of -Way Petition No. � a-ooa-� flc11.nri Shou.L ree` eiv e, bi.j F�'t 4(5 /� c Required Information and Attachments _ _ _ _ Date Rcv'd . - Ck'd 1 Application fee (non-refundable) $600.00 Note: (Resolution No. 98-11) Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. V / 2 Completed and signed petition / ir 3 Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right-of-way. / 4 Letters of Consent or Objection. (If more than one property owner is involved they are not signing the petition). tJ i,.r r!pand 1 P 5 Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right-of-way. ✓ / 6 List of all property owners within 300' of subject property (See Information Request Form attached) ,/ 7 Site Plan of property after abandonment. (No larger than 11x 17) 8 Utility Companies Authorization Form. (See attached) / 9 Copy of recorded Plat of the Subdivision where right-of-way exists no Larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) / V flc11.nri Shou.L ree` eiv e, bi.j F�'t 4(5 /� c http://67.7791.155/BrowserViewOR/ This instrument prepared by and when recorded return to: I Gene D. Lipscher, Esquire 1025 West Indiantown Road Suite 106 Jupiter, Florida 33458 111111111111 IIIII IIIII 1111111111 11111111 FILE MUM 2016005131 OR BK 775 PG 1648 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 06/06/2016 12:35:47 Pt1 AMT $10.00 RECORDING FEES $18.50 DEED DOC 40.70 RECORDED BY G tleubourn P95 1648 - 1649; (2 P9s) Property Control Identification No. 3-22-37-35-0230-00040-0010 QUIT CLAIM DEED THIS DEED dated as of the c2— day of %7%/ from Marguerite Ann D'Onofrio„ a widower, ("Grantor"), having an address oM356 Alexander Run, Jupiter, Florida 33478, to Louis D'Onofrio, a single man, (Grantee"), having an address of 16356 Alexander Run, Jupiter, Florida 33478. WITNESSETH: That, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable considerations, receipt whereof by Grantor is hereby acknowledged, Grantor does hereby grant, bargain, sell, alien, remise, release, convey, and quitclaim unto Grantee all of the Grantor's right, title, interest, if any, in and to that certain real property lying and being in the County of Okeechobee, Florida, and more particularly described as: LOT 1 OF BLOCK 4, WRIGHT'S FIRST ADDITION TO OKEECHOBEE, AND LOT 1 OF BLOCK F, WRIGHT'S SECOND ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 13, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. and LOT 12 OF BLOCK E, WRIGHT'S THIRD ADDITION TO OKEECHOBEE, ACCORDING TO THE FLAT THEREFORE REC 'RDED IN PLAT BOOK 1, PAGE 9, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUBJECT TO restrictions, reservations and easements of record, applicable zoning ordinances and taxes for 2015 and subsequent years. TO HAVE AND TO HOLD the same in fee simple forever, together with all the tenements, hereditaments, and appurtenances thereunl ' hs:?lone;in,j or in anywise © 2016 NewVision Systems Corporation 2 of 2 3/25/2019, 2:51 PA CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It ct number for each. Florida Power & Light -�- Q_ J ( c I U fJ p b ---5".9 c)-- r Un 'I—)---0863-467-3-341 or -----0 g 7-J- (2:1 of j-- Pr % L___14 1_,-,,-, C 10s : A 5 ?v 0 v,pc i, rx 44-u 5 --P--XI L,A- OF Donna Padgett 863-467-3708 4,C9—{ Authorized Signature Typed Name & Title 3- �i ,-)- 3� v Phone No. 10 Date Embarq d/b/a Century Link 407-814-5318 Victoria Buchner victoria.buchner@centurylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863-763-2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 5th Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Date Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date March 6, 2019 Louis D'Onoftio 103D0 Alexanuer tcun Jupiter Florida 33478-8282 via Emaii: rzuber1020@gmail.com Copied To: Ken.Lutz@centurylink.com CenturyLink Okeechobee SL~ 4"` St & l o Ave No Reservations/No Objection SUBJECT: Vacate and Abandon a Portion of SE 4th St & 10th Ave. (Platted as Avenue "A"), u rigirts is -4 & 3r' Additions to Okeechobee Plats; Okeechobee County APPN: 3-22-37-35-0230- 00040-0010, 3-22-37-35-0230-000F0-0010, 22-37-35-0250-00000-0120 PRN 811390 Dear Mr. D'Onofrio- Embarq Florida Inc., d/b/a Centurylink ("CenturyLink") has reviewed the request for the subject vacation and hasdetermined that it has no obiections with respect to the areas proposed for vacation as shown and/or described on Exhibit s`A". said Exhibit "A" attached hereto and incorporated by this reference. It is the intent and understanding of CenturyLink that this Vacation shall not reduce our rights to any other existing easement or rights we have on this site or in the area. This vacation response is submitted WITH THE STIPULATION that if CenturyLink facilities are found and/or damaged within the vacated area as described,* the Applicant will bear the cost of relocation and repair of said facilities. If you have any questions or would like to discuss this action further, please contact Stephanie Canary at (352) 425-8763 or by email at Stephanie.Canary@CenturyLink.com. Sincerely yours, Michael Pietlukiewicz ROW Agent CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization form INSTRUCTIONS: Deliver the petition anti this form to the following Utility Companies for their comments. it must be signed and dated with a contact number for each person. Florida Power & Light 863-467-3721 or Donna Padgett 863-467-3708 Authorized Signature Typed Fane & T:tle Emhart! d/b/a Century Link 863-452-3185 Kenneth R. Lutz ken.lutz@centurylink.com Authorized Signature - Comcast Cable 863-763-2824 107 NW 7' Avenue Phone No. Date. Vr•nntjth R Lull f:n 11 Typed Name & Tttie 8b3 452 3185 03/14/2019 Phone No. Date Authorized Signature Typed Name & Title Phone No. nate Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 5th Avenue Authorized Signature Typcd Name & Title Phone No. Date •REQUIREI1 ONLY FOR CITY OF OKEECIIOBEE & FIRST ADDITION TO CITY OF OKI:ECHOBEE SUf3DIV'ISIONS tlatnrick Estate - Gil Culbreth, Co•Trustee 863-763-3154 Authori2ed Signature Typed Name. Fa Title Phone Nn. Date Exhibit A M©PR6l 811390 Ave "A" aka 4`^ Street to be Vacated. v v JARftga 001•110N t = a Di 1 Ya,.u. N1 s V' MI i NIP 1 3N1 a IV .r VII, .1110. AN 111110 tare, rff les oankor hoe. �.y.r�rar apPrint_Okeechobee-County-Property-Appraiser 1-16-2019 9. • 1. P . ,- 331 '.. ......, .,,,,, 0-- 90 80 1M 100 300 3m 2m 320 3eo 90011 Okeechobee County Property Appraiser Maya, L. Bond) IOI.ochab.o. FI dda Ie63-7039422 PARCEL 3.2247-35-0250000000120 IVAC Ni (worm 1BAA9 A: VARGHIS9140 NABIN 1LOI 19 KUCKa D'ONOFRIO LOUIS 201B C0r1010d Valuesnli Owner:10358 ALEXANDER RLN Ma Lnd $5.'190 Appraised $5.290 Slk; B�117f TM lee oz Ag Lnd -$0 A ad $5,2� OFELf:Ik1BAliLL Bldg EO rani halos BANI9 elle MI )(FOB $0 ...^445.290 Na 5'11/ SO BO .Ww 005,290ell $5.290 Total r11lam m gal Usable 291) xnoeg5290 0107EA 4n ... - F'... .._. Is : a, Okaochebee Count% FL Ilia 9iumraWn„wsa de al Wm dew AIM. was cwnllW L9auaamedwkwl:vealyywµvryAyynleur Pfowaabhl r Ala 9awmmunbl P.A.., A AlAAATaasuaamanl lhA arAinnarion should nal. raged upon Apo,. as a rbwrmim6an arias ownership olprap Agernakela ns.. wairsaaa.sipsssedurinAaed.erepmidpbrNo.aaaagalaia Asia Aurini is innnr its bwrpr9wnrspbmypl erryiMwigaeA ed.ais idnrmoenn ma rAl air. A. Mu eunlulyan Win Ns pmpnlyAilnnsrv°AM Briatlylogic.co:n of 1 hup://gab,okeechobeepa.comigis/gisPrtnt/ 4th Street to be Vacated platted Avenue "A11 in Wright's 1st, 2nd & 3rd Addition. 1/16/2019. 11:51 PM CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863-467-3721 or Donna Padgett 863-467-3708 Authorized Signature Typed Name & Title Phone No. Date Embarq d/b/a Century Link 407-814-5318 Victoria Buchner victoria.buchner@ centurylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863-763-2824 107 NW 7th Avenue Authoriz Signature -..5%;76G1C7;;-Q.J LeriC>i.v�TO�L Date Typed Name & Title Phone No. Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 56 Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Date Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date Johnson, Rick From: Johnson, Rick Sent: Tuesday, March 5, 2019 8:37 AM To: Gorman, Kirk Subject: RE: Right of way Abandonment Petition Yup got it From: Gorman, Kirk <Kirk_Gorman@cable.comcast.com> Sent: Monday, March 4, 2019 6:47 PM To: Johnson, Rick <Rick_Johnson@cable.comcast.com> Subject: FW: Right of way Abandonment Petition Rick — Is this something that you handle? From: Brown, Shaunaye Sent: Monday, March 4, 2019 3:25 PM To: Gorman, Kirk <Kirk Gorman@cable.comcast.com> Subject: Right of way Abandonment Petition Good afternoon, Customer is trying to get utility companies authorization forms completed. Can you complete forms if possible and send back to customer, below is the customers contact information. Attached are the documents that need to be completed, if you can assist or direct to correct department to complete for customer, please. Customers name: Louis D'Onofrio Contact: 561-301-7071 Thank you Shaunaye Brown 1 CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It i i must be signed and dated with a contact number for each person. V Florida Power & Light 863-467-3721 or Donna Padgett 863-467-3708 Authorized Signature Typed Name & Title Phone No. Date Embarq d/b/a Century Link 407-814-5318 Victoria Buchner victoria.buchnerPcenturylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863-763-2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority (WA) �0 � l7a GG li <<'l G'S -Fh � n ,G C��Grr bed e OVA •I- il, Et,i John Hayford atm& e� 5w ("4" S -f-., /of/ 44 t5)cck. Lt and 863-763-9460 )41 o - REV*. Ft avid LA- (a o?'-- f?,ltdc C. 71-1r-D0P1- 100 SW 5th Avenue 6_06 hb Ob ; r.c.,‘:,or1 Al) 1-1re- a ia.nc c tni r -n4- req veSI- . Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Date Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date 0 V0 0 OD 0 a 0 a 0 0 a a 8 0 0 41 a 0' OD 0 SE 6TH ST 11 0 100 200 300 400 500 1 (4311413 0 m 4 m a 03 0 a a 41 SE 4TH ST a a 4 @ 4 0 ✓ 0 V 03 0 OD fie a. OD SE 5TH ST 41 0 v OD a 00 a 0 0 0 11 co 600 700 800 900 Okeechobee County Property Appraiser Mickey L. Band( [Okeechobee, Florida I 863-763-4422 'PARCEL: 3-22-37-35-0230-00040-0010 I SINGLE FAM (000100)10.166 AC WRIGHT'S FIRST ADDITION TO OKEECHOBEE (PLAT BOOK 1 PAGE 13) LOT 1 BLOCK 4 IYONOFRIO LOUIS 2018 Certified Values Ow ner: 16356 ALEXANDER RUN JUPITER, FL 334788282 400 SE 10TH AVE, Site: OKEECHOBEE 5i2/2016 $1110 I(U) 5131/2005 $141,000 I (0) 10/2512002 560,000 I (0) Sales info Mkt Lnd $4,554 Appraised $10,213 Ag Lnd $0 Assessed $10,213 Bldg S5,659 Exempt $0 XFOB $0 county:$9,571 Just S10,213 Total city:$9,571 Taxable other:$9,571 school:$10,213 NOTES: 1111 Okeechobee County. FL This information„ was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the governmental purpose of properly assessment. This information sliould not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of tlie data herein, it's use, or it's interpretation.. Although it Is periodically updated, this infomiatkm may not reflect the data currently on file in the Property Appraiser's office. 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KEECHOEBEE COUNTY PROPE QTY APPRADSER S PEKE s_ PA • CEL U BER - SOWN R RUCKS BEVERLY 3{' ®D E5 1 " '►D.D E5S2 CITY ST ZIP; 342244532 3-22-37-35-0230-00050-0020 1 WEST POINT CIR ENGLEWOOD FL 3-22-37-35-0230-00050-0010 CAPPETTA TERESA, CONERLY MARY IDA & CONERLY ROY JR 1444 YELLOWTHROAT ST HOMESTEAD FL 33035 3-22-37-35-0230-00060-0020 HOLSOMBACH MICHAEL ETHAN 1010 SE 5TH ST OKEECHOBEE FL 349744606 3-22-37-35-0230-000F0-0020 O'STEEN ANNA JANE 9832 ROBINS NEST RD BOCA RATON FL 33496 3-22-37-35-0230-00040-0020 HULBERT GLENDA E 404 SE 10TH AVE OKEECHOBEE FL 34974 3-22-37-35-0230-000F0-0010 D'ONOFRIO LOUIS 16356 ALEXANDER RUN JUPITER FL 334788282 3-22-37-35-0230-00040-0010 D'ONOFRIO LOUIS 16356 ALEXANDER RUN JUPITER FL 334788282 3-22-37-35-0230-00030-0010 OKEECHOBEE COUNTY 304 NW 2ND STREET OKEECHOBEE FL 349720000 3-22-37-35-0250-00000-0120 D'ONOFRIO LOUIS 16356 ALEXANDER RUN JUPITER FL 334788282 3-22-37-35-0250-00000-0110 CREECH DANIEL B 406 SW SECOND STREET OKEECHOBEE FL 34974 3-22-37-35-0250-00000-0080 204 PROPERTY LLC 204 SE 10TH AVE OKEECHOBEE FL 349744568 3-22-37-35-0220-00000-0140 _ JAIMEZ EMMA 209 SE 10TH AVE OKEECHOBEE FL 349744567 3-22-37-35-0250-00000-0010 204 PROPERTY LLC 204 SE 10TH AVE OKEECHOBEE FL 349744568 3-22-37-35-0250-00000-0090 CREECH DANIEL B 406 SW SECOND STREET OKEECHOBEE FL 34974 3-22-37-35-0220-00000-0010 NEAL LONG CONSTRUCTION COMPANY 11781 SE HWY 441 OKEECHOBEE FL 34974 3-22-37-35-0220-00000-0170 OKEECHOBEE COUNTY 304 NW 2ND STREET OKEECHOBEE FL 34972 3-22-37-35-0280-00010-0230 BULGER DOROTHY BOX 963 OKEECHOBEE FL 349730963 3-22-37-35-0280-00010-0220 ELEADES SVETLANA 501 SE 8TH DR OKEECHOBEE FL 34974 3-22-37-35-0280-00010-0210 CANDLER DANIEL B & MARCIA F 11000 NW 64TH TRL OKEECHOBEE FL 349727365 3-22-37-35-0280-00010-0200 DECARIE WILLIAM ROGER 511 THORNE ST HAWKSBURY ONTARIO K6A2N7 CIAKM-M 3-22-37-35-0280-00010-0190 ARMSTRONG MICHAEL EUGENE 902 SE 10TH ST OKEECHOBEE FL 34974 3-22-37-35-0270-00010-0180 BARTOE VIRGIL R & NORNETA M 827 SE 4TH STREET OKEECHOBEE FL 349744510 3-22-37-35-0270-00010-0170 GRAY GLEN E 401 SE 8TH DR OKEECHOBEE FL 349740000 3-22-37-35-0270-00010-0160 FINCA SARAH FLORES SA INC 280 W PARK DR APT 106 MIAMI FL 331725411 3-22-37-35-0280-00010-0150 HANCOCK SAMMY & ANN, ETAL 990 SE 23RD ST OKEECHOBEE FL 349745392 3-22-37-35-0280-00010-0140 HANCOCK PAMELA 1245 SE 21ST ST OKEECHOBEE FL 349742408 3-22-37-35-0280-00010-0130 ROWLAND DOUG&ROWLAND JENNIFER 805 SE 3RD CT T OKEECHOBEE FL 34974 3-22-37-35-0280-00010-0120 ROWLAND DOUG &ROWLAND JENNIFER 805 SE 3RD CT OKEECHOBEE FL 34974 3-22-37-35-0270-00010-0110 SCHWARTZ FRANK III & MELINDA 307 SE 8TH DRIVE OKEECHOBEE FL 34974 3-22-37-35-0280-00010-0090 BAKER JOE H & PEGGY J 1414 S PARROTT AVE #377 OKEECHOBEE FL 349740000 3-22-37-35-0270-00020-0340 BURDESHAW PAUL E 301 SW 21ST ST OgEECHOBEE FL 349743411 3-22-37-35-0270-00030-0010 STRAIGHT JESSE 809 SE 6TH ST _ OKEECHOBEE FL 349744502 AWE/13W •"'.^.•• ""'"'"."—ttrintiLtsf..a."*. .r.m./• ma. itrornt7er.") .••• taJJ et tu •••••• • t. 4 9 el /11,/rUf • ,'N Staff Report Right -of -Way Abandonment/Street Closing Prepared for: Applicant: Petition No.: pl ;g. 1375 Jo l n Sheet # 206 Fort Myers, FL 33901 The City of Okeechobee Louis D'onofrio 19 -002 -SC (Unimproved RNV of SE 4th St between SE 10th Ave and Canal) Staff Report Right -of -Way Abandonment Applicant: Louis D'onofrio Petition No. 19 -002 -SC Re • uest The matter before the TRC is an application to abandon the east -west 373.5 -foot long, 40 -foot wide unimproved right-of-way of SE 4th St. between SE 10th Ave and a canal, more particularly described in the legal description of the property. The requested abandonment encompasses 14,940 square feet (0.34 acres). The Applicant makes the following statement on his petition application: S.E. 4th street is a dead end road. I'm taking care of it. It in middle of my property that I'm maintaining and I would like to improve my house and land. General information Applicant Site Address Contact Person - Contact Phone Number Contact "E-mail Address Louis D'onofrio,. 16356 Alexander Run Jupiter,FL 33478 The east -west unimproved right-of-way of 8E 4th St. between SE 10th Ave and a canal Dennis M. Boyce, PA 561-744-1233 dermis@dennisboycepa.com Le • al Descri • tion of Sub'ect Pro • ert That portion of SE 4th Street (f/k/a Avenue A), running E to W, Tying South of Lot 12 of Block E, Wrights 3rd Addition to Okeechobee, Plat Book 1, Page 9, West of SE 10th Avenue (f/k/a Hancock Street), and North of Lot 1 of Block F and Lot 1 of Block 4, Wrights 1st and 2nd Addition to Okeechobee, Plat Book 1, Page 13, and is approximately 40 feet by 373.5 feet, Public Records of Okeechobee County, Florida Characteristics of the Sub'ect Propert Future Land Use Map Classification Zoning District Use of Property_ F i4 Acreage Existing Single -Family Residential RMF - Residential Multi -Family & IND - Industrial Vacant, unimproved street RNV 14,940 sf (0.34 acres) Proposed Single -Family Residential RMF - Residential Multi -Family & IND Industrial Residential 14,940 sf (0.34 acres) LaRue li#0nuig 1 Staff Report Right -of -Way Abandonment . Applicant: Louis D'onofrio Petition No. 19 -002 -SC waii.)iiIit l'e][:i '1ileI !11 .1!Iil ilii•: A AERIAL The subject of the abandonment/vacation, the 40' by 373.5' vacant, unimproved right-of- way of SE 4th Street is outlined in Red, and the existing land uses in the vicinity are shown below on the aerial photograph from the Property Appraiser's office. The Applicant owns all three of the surrounding parcels. LsR'uc planning 2 Staff Report Right -of -Way Abandonment Applicant: Louis D'onofrio Petition No. 19 -002 -SC FUTURE LAND USE The subject of the abandonment/vacation, the 40' by 373.5' vacant, unimproved right-of- way of SE 4th Street, is outlined in Red, and the existing Future Land Use Map designations are shown on this excerpt from the City's Future Land Use Map. All surrounding properties are designated Single Family Residential and it seems appropriate to place the same designation on the vacated property. COMPREHENS.fVE PLAN LAND USE I I SINGLE - FAMILY MULTI - FAMILY am COMMERCIAL 1.1 INDUSTRIAL PUBLIC FACILITIES RE,T ENTIAL MIXED USE It 13 14 15 16 17 18 19 20 5 4 3 2 1 S.E.4 TH ST 2 1 3 6 7 10 11 3 4 5 8 9 12 S.E. 5TH ST 32 31 30 29 28 9 26 25 24 23 22 21 20 19 18 17 F 2 3 6 7 1 0 11 2 LaRue ptanncng 3 Staff Report Right -of -Way Abandonment Applicant: Louis D'onofrio Petition No. 19 -002 -SC ZONING The subject of the abandonment/vacation, the 40' by 373.5' vacant, unimproved right-of- way of SE 4th Street is outlined in Red, and the existing zoning designations are shown on this excerpt from the City's Zoning Map. The northern adjacent parcel is designated Industrial and the southern adjacent parcels are designated Residential Multifamily. Since the applicant is currently using the property as a residential use, it seems appropriate to desioate the proposed vacated area as Residential Multifamily. 9 10 13 14 15 6 17 8 r19 32 31 30 1 29 I87 5 4 3 10 9 8 7 16 tZONING e l CBD • COMM BUSINESS DISTRICT' . CR') • 4EAVY COMM32CIAL CLT • LIGHT COMMERCIAL CPO - COMM FROPESSICNAL D=FpCE H. HOLDING ND - INDUSTRIAL PUB • PUBLIC FACILITIES PhD -MIXED RUDA . RMF RESIDENTIAL MULTIFAMILY RMH- RESIDENT?AL MOBILE SOME RSF' • RES'DENTIAL SINGLE FAMILY ` RS F2 • RESIDENTIAL SINGLE FAI.'Io t2? 4 planning Staff Report Right -of -Way Abandonment Applicant: Louis D'onofrio Petition No. 19 -002 -SC Consistency with Sec. 78-33, Vacation of Rights-of-Wa Sec. 78.33 states that applications to vacate an alley or public right-of-way may be approved upon a finding by the City Council that the following requirements have been met. The Applicant's responses are provided in Times Roman typeface and are repeated below exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff Comments are in Calibri. REQUIREMENT STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. "Single family Residential zoning — Vacation provides continuous access for improving property" There is nothing in the City's Comprehensive Plan concerning abandonment/vacation of alleys. 2. Right-of-way to be vacated is not the sole access to any property, and the remaining access is not an easement. "Right of way is surrounded by petitioner's property." All three parcels bordering the alley are owned by the applicant and two of those parcels have access to SE 10t'' Ave. 3. Proposed vacation is in the public interest and provides a benefit to the City. "In public interest to provide improvement and stronger tax base" The proposed right-of-way area to be vacated has not been improved to facilitate vehicular traffic. Turning over maintenance responsibility to the Applicant and adding this property to the City tax rolls will be a benefit to the City. 4. Proposed vacation would not jeopardize the location of any utility. "City water and front of property septic." The Applicant has received authorization from all necessary utility entities. However, it may be necessary to reserve a portion of this property as an easement in order to preserve access to the canal. i#�r�rjiing' 5 Staff Report Right -of -Way Abandonment Applicant: Louis D'onofrio Petition No. 19 -002 -SC Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley vacation/abandonment can be considered consistent with the requirements of Sec. 78-33. Submitted by: v/f Benjamin L. Smith, AICP Sr. Planner LaRue Planning May 8, 2019 TRC Meeting: May 16, 2019 PB/BOA Meeting: June 20, 2019 City Council 1st Reading: July 16, 2019 City Council 2nd Reading and Public Hearing: August 6, 2019 6