AGENDA REQUEST
AGENDA ITEM NO: August 20, 2018
COMMISSION MEETING DATE: AGENDA HEADING:
Consent Agenda No. 2 IV.B.5.
BY Development Services Timothy Litchet Chief Planner Panica Department Head
Originating Department Presenter
SUBJECT:
Adoption Re: Second reading of Ordinance No. 18-5249 proposing to vacate a 16 foot wide by 60 foot long portion of an north-south running right-of-way located north of 42nd Street.
COMMISSION PRIORITIES: Business Requirement EXPLANATION:
The applicant is proposing to vacate an unimproved, 16 foot wide by 60 foot long right-of-way known as Turks Cap Place that runs north and south. The entire Turks Cap Place right-of-way was originally created through a subdivision plat in 1891 and extends from 40th Street just passed 42nd Street. The subject portion of right-of-way is located north of 42nd Street, east of 663 42nd Street and west of 701 42nd Street. The subject right-of-way terminates approximately two thirds into the two abutting lots. The applicant represents the owner of the vacant parcel at 663 42nd Street and is requesting the street vacation to square off their parcel for future construction of a single-family dwelling unit.
(see next page for additional explanation)
ADMINISTRATION'S RECOMMENDATION:
The Planning Board recommends that the City Commission approve Ordinance No. 18-5249 on second reading. APPROVAL SUMMARY: Completed By Date Completed Required Status Approval Y 07/19/2018
Department Head Approval Timothy Litchet APPROVED
Y 07/20/2018
Legal Review / Approval Robert Fournier APPROVED
Y 07/25/2018
Deputy City Manager Approval Marlon Brown APPROVED
Y 07/25/2018
City Manager Approval Marlon Brown APPROVED
Y 07/25/2018
AGENDA REQUEST
ADDITIONAL EXPLANATION:The property to the east of the subject right-of-way (701 42nd Street) is owned by Amanda Mason (TTEE) and currently contains a single-family dwelling unit. When rights-of-way are vacated, the land reverts to the property from which the right-of-way was originally dedicated. In this case, the City holds a right-of-way easement over the subject land and if the vacation is approved, half (480 square feet) of the subject
right-of-way would go to the east lot and half (480 square feet) would go to the west lot. The applicant has been in contact with the owner of the east lot and they do not have any objection to the right-of-way petition. During the review process, the Department of Parks and Recreation was contacted to see if they had any interest in retaining the subject right-of-way and they said that they didn’t have any interest in keeping it since it did not extend to the north. The City of Sarasota Utilities Department, Frontier, Florida Power & Light Co, Comcast and TECO/Peoples Gas do not have any facilities, easements or interest in the subject right-of-way.
A Community Workshop was held on January 17, 2018 and no one from the public was in attendance. The petition has received Development Review Committee sign off and has been found to be consistent with Section IV-1306 of the Zoning Code. Any future development will be reviewed for full compliance with all applicable Codes and regulations.
On May 9, 2018, the Planning Board conducted a public hearing to consider the subject petition. The Planning Board voted 4-0 (Planning Board Member Ohlrich was absent) to recommend approval to the City Commission of Ordinance 18-5249. On July 2, 2018, the City Commission conducted a public hearing to consider the subject petition and unanimously voted to approve the request.
ADDITIONAL ADMIN RECOMMENDATION:
FUNDING SOURCE: AMOUNT:
HOUSING IMPACT (Per House): NEW CONSTRUCTION: REHABILITATION:
$ 0 $ 0
SUPPORT DEPARTMENTS:
City Auditor and Clerk - Pamela Nadalini Development Services - Timothy Litchet City Attorney - Robert Fournier City Manager - Thomas Barwin Commission Liaisons - Marlon Brown
AGENDA REQUEST
AGENDA DISPOSITIONCOMMISSION ACTION: Final Action Motion:
Second By: Motion By:
Vote:
ORDINANCE NO. 18-5249
AN ORDINANCE OF THE CITY OF SARASOTA, FLORIDA TO VACATE THAT CERTAIN 60-FOOT LONG SEGMENT OF UNIMPROVED 16-FOOT WIDE TURKS CAP PLACE (PLATTED AS PALMETTO STREET) RIGHT OF WAY COMMENCING AT THE NORTHERLY RIGHT OF WAY LINE OF 42ND STREET (PLATTED AS PAGE AVENUE) NORTHWARD TO ITS TERMINUS, SAID RIGHT OF WAY LOCATED BETWEEN PARCELS OF REAL PROPERTY WITH THE STREET ADDRESSES OF 663 42ND STREET AND 701 42No STREET; ALL AS IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Thayer and Margo Dufresne, as the fee simple owners of the adjacent real property, through their agent Robert K. Robinson of Kirk Pinkerton, P.A., hereinafter collectively referred to as the Applicant, have petitioned the City Commission of the City of Sarasota by Application No. 18-SV-05 to vacate that certain 60-foot long segment of unimproved 16-foot wide Turks Cap Place (platted as Palmetto Street) right of way commencing at the northerly right of way line of 42°d Street (platted as Page Avenue) northward to its terminus, said right of way located between parcels of real property with the street addresses of 663 42°d Street and 701 42nd Street; and
WHEREAS, the Planning Board, acting in its capacity as the Local Planning Agency held a duly noticed public hearing pertaining to Street Vacation Application No. 18-SV-05 on May 9, 2018; and
WHEREAS, the Planning Board considered Street Vacation Application No. 18-SV-05 and found the requested street vacation to be consistent with the Standards for Review in Section IV-1306, Zoning Code (2002); and
WHEREAS, the City Commission held a duly noticed public hearing on the _ day of , 2018 and received the recommendation of the Planning Board and the written staff analysis, as well as having received additional public testimony and has determined that:
A. The area of public right of way described herein is unimproved and is not maintained by the City for access purposes. The existing portion of right of way provides very limited benefit to the general public as there is no ability for the right of way to continue northward; and
B. No rearrangement of streets, rights of way or non-fee interest will be required as a result of the vacation. The area of public right of way described herein currently doesn't serve a purpose in terms of vehicular access and its removal will not negatively impact traffic circulation; and
C. The area of public right of way described herein is currently unimproved and is not anticipated to be utilized by the general public in the future; and
D. The vacation is not proposed in conjunction with an application for development approval, however, the intention of this right of way vacation is to square off the residential lots for future construction of a single-family dwelling unit; and
E. Based upon all of the foregoing, as well as the public testimony, the vacation of the public right of way described herein will be in the public interest in that it will eliminate right of way which is not maintained by the City and which the City has no intent to maintain and for which no public use is currently available or desired.
thus concluding that Street Vacation Application No. 18-SV-05 would serve the public interest.
NOW THEREFORE BE IT ENACTED BY THE PEOPLE OF THE CITY OF SARASOTA, FLORIDA:
Section 1. That certain 60-foot long segment of unimproved 16-foot wide Turks Cap Place (platted as Palmetto Street) right of way commencing at the northerly right of way line of 42nd Street (platted as Page Avenue) northward to its terminus, said right of way located between parcels of real property with the street addresses of 633 42nd Street and 701 42nd Street, all as depicted in the description and sketch attached hereto and incorporated by reference herein as Exhibit A, shall be, and the same is hereby closed, vacated and discontinued.
2
Section 2. Upon passage of this Ordinance on second reading and recording of this Ordinance in the Official Records of Sarasota County, that certain area of public right-of-way described in Section 1, above, and Exhibit A, shall be closed, vacated and discontinued. The effective date of the vacation of the area of public right-of-way described in Section 1, above, shall be the date of second reading of this Ordinance No. 18-5249.
Section 3. Should any section, sentence, clause, part or provision of this Ordinance be declared invalid or unenforceable, by a court of competent jurisdiction, the same shall not affect the validity of this Ordinance as a whole, or any part hereof other than the part declared to be invalid. Said provision declared to be invalid shall be deemed severed from the remaining provisions of this Ordinance.
Section 4. Ordinances in conflict herewith are hereby repealed to the extent of such conflict.
Section 5. This Ordinance shall take effect immediately upon second reading. PASSED on first reading by title only, after posting on the bulletin board at City Hall for at least three (3) days prior to first reading, as authorized by Article IV, Section 2, Charter of the City of Sarasota, Florida this _ _ day of _ _ _ _ , 2018.
PASSED on second reading and finally adopted this _ _ day of _ _ _ _ 2018.
Liz Alpert, Mayor ATTEST:
Pamela M. Nadalini, MBA, BBA, CMG City Auditor and Clerk/Chief Audit Executive
3
Mayor Liz Alpert
Vice Mayor Jen Ahearn-Koch Commissioner Hagen Brody
Commissioner Shelli Freeland Eddie Commissioner Willie Charles Shaw
Tammy/ordinances/2018/18-5249· Turks Cap- street vac (511418)
4
SKETCHOF
DESCRIPTION
P.l.D.#
= 2004060064NOTE:
THIS IS NOT A SURVEYP.LD.
#
= 2004060063 ---'---'---r---,----(.C) l{) 0 0 ... ~ a 0 N II '=It::: ci 0....P.O.B.-THE SOUTH LINE OF BLOCK 32 PLAT OF fNDIAN BEACH PLAT BOOK A,
PAGE 33 II
fR
~8
1 I [ II
~ ~ I~3
l 0.. 0l
A PORTION OF BLOCK NI
l
32 PLAT Of : P.0.B. L~5 THE EAST 100' OF LOT 5,I.M. JUNE'S SUBDIVISION
PLAT BOOK 1, PAGE 96
W, R/W LINE Or TURKS CAP PLACE ANO E. BOUNDARY OF SAID Lor 5
TURKS CAP PLACE
VACANT LOT #.66J TOTAi. A~EA 10,331 SQ. FT. 0.2+ ACRES 16' PLATIED RIGHT-OF-WAY
P.I.D.
#
=
2004110058 PLATTED R/W KNOWN 16' X 60' AS TURKS CAP PLACEP.O.C.
S.E, CORNER Of SLOCI< 3.2 Of SAID PLAT OF. INDIAN BEACH E, R/W L!NE OF 'ruRKS CAP PLACE
i
W N, R/W LINE OF +2nd. STREET-R/W- __
bl L-3 L-1---(t--L-3-- -
--L--5- --- - - - ~
- - ~
-Et--WEST 630.5o' we:sr· 1s.oo' ~AST 16.00'
42ND
STREET
L-2 L-4 · 10' PLATTED RIGHT-OF-WAY
?'
G~l"HIO so~~ 1• .. 20' 40,SOUTH 60.00' NORTH 60.00'
~
: . . .. ,I
PROPERTY ADDRESS: 663 42ND STREET- SARASOTA, FLORIDA
34234
SKETCH OFDBSCRIPTJONPKEPARllD YJN!)ER THBSUPER.VJSION OI' AU.NE. ROZON, Jll., 1'SMNO. 6513
CI!1IJ'1F!I1l)BY! ALl.iYE.:U.07,0N,JR PSMNo. 6Sf3 DAraD
FlRSTCJlOJCBSUIDml'ING,JfvC:.
P.O. BOX 470918, LAKE MONROE, l'L 32747 40/h95L3~25 (dffico}; 407.520.5153 (Fax); Ll3#7564
Legal Description of the platted 16 foot right of
way
known as Turks Cap Place: Commepce at the S.E. comer of Block 32, of IND/AN BEACH, as per plat thereof recorded In Plat Book 1, Page 96, of the Public Records of Manr;ltee County, Florida, and Plat Book A,Page 33, of the Pub/Jo Records of Sarasota County, Florida; Thence run West along the South line of said Blook 32, a distanae of 630.50 feet to the N.E. comer of Turks Cap Place, said point also being the Point of Beginning; Thence run South, leaving said South tins of Block 32 and along the east right of way line of said Turks Cap Place, a distance of 60. 00 feet to a point of interseotlon of North right of way line of 42nd. Street and said East right of way line of Turks Cap Place; Thence run West a distance of 16.UO feet to the point of Intersection of the North right of way line of 42nd Street and the West rignt of w,;1y line of Turke Cap Place; Thence ,un North, along the East boundary line of Lot 5, of I.M. JUNE'S SUl3DIV!SION, as per plat thereof recorded In Plat Book 1, Page 119, of the Pub/lo Records of Sarasota County, Flortda, and the West right of way line of said Turks Cap Place, a distance of 60.00 'feet,· thence run east, a distance of 16.00 feet to the Point of Beginning.
Described 16 foot right of way contains 960 square feet or 0.022 acres. more or less.
NOTICE OF PUBLIC HEARING APPLICATION NO. 18-SV-05
Notice is hereby given that the CITY COMMISSION of the City of Sarasota, Florida will meet on Monday, July 2, 2018 at 6:00 p.m. in the Commission Chambers, City Hall, 1565 First Street. Starting at 6:00 p.m. or as soon thereafter as possible, the City Commission will open the scheduled Public Hearings in the order they appear on the Agenda. The following Ordinance will be considered for approval at the above scheduled meeting:
ORDINANCE NO. 18-5249
AN ORDINANCE OF THE CITY OF SARASOTA, FLORIDA TO VACATE THAT CERTAIN 60-FOOT LONG SEGMENT OF UNIMPROVED 16-FOOT WIDE TURKS CAP PLACE (PLATTED AS PALMETTO STREET) RIGHT OF WAY COMMENCING AT THE NORTHERLY RIGHT OF WAY LINE OF 42ND STREET (PLATTED AS PAGE
AVENUE) NORTHWARD TO ITS TERMINUS, SAID RIGHT OF WAY LOCATED BETWEEN PARCELS OF REAL PROPERTY WITH THE STREET ADDRESSES OF 663 42ND STREET AND 701 42ND STREET; ALL AS IS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE.
Said proposed Ordinance is on file in the Department of Development Services and the Office of the City Auditor and Clerk at City Hall at the above address for public inspection from 8:00 a.m. to 5:00 p.m., Monday through Friday and is available on the city’s website at www.sarasotafl.gov by clicking on Public Records Access under Services.
This is a public hearing; therefore, all interested persons will be entitled to personally testify at the hearing or to submit documents or letters.
If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
In accordance with the Americans with Disabilities Act of 1990 and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in such public hearing should contact the Office of the City Auditor and Clerk at (941) 954-4160 at least two (2) business days prior to the date of the public hearing as to the nature of the aid and/or service desired. Reasonable auxiliary aids and services will be made available to qualified disabled individuals to the extent that no undue financial or administrative burden results. For the benefit of individuals utilizing hearing aids with a T-coil, the City Commission Chambers and SRQ Media Studio are outfitted with a Hearing Induction Loop for enhanced hearing assistance.
CITY OF SARASOTA
By: Pamela M. Nadalini, BBA, MBA, CMC City Auditor and Clerk/Chief Audit Executive
Legal Date: June 15, 2018
