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Legislative Matter No. 980725. (Quasi-Judicial) Petition 180SVA-98PB, Brown & Cullen, Inc., agent for L.W. Calton. Pursuant to Section 30-192(b), City of Gainesville Land Development Code, to vacate, abandon, and close that portion of S.E. 2nd Street lying south of S.E. 11th Avenue and north of the abandoned Atlantic Coastline Railroad right-of-way and that portion of Lot 29 of Veitch's Addition to South Gainesville, a subdivision as per a plat thereof recorded in Plat Book "A," page 90 of the public records of Alachua County, Florida, being previously dedicated as additional right-of-way for S.E. 2nd Street.
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Legislative Matter No. 980725. (Quasi-Judicial) Petition 180SVA-98PB, Brown & Cullen, Inc., agent for L.W. Calton. Pursuant to Section 30-192(b), City of Gainesville Land Development Code, to vacate, abandon, and close that portion of S.E. 2nd Street lying south of S.E. 11th Avenue and north of the abandoned Atlantic Coastline Railroad right-of-way and that portion of Lot 29 of Veitch's Addition to South Gainesville, a subdivision as per a plat thereof recorded in Plat Book "A," page 90 of the public records of Alachua County, Florida, being previously dedicated as additional right-of-way for S.E. 2nd Street.
Explanation
The petitioner is requesting the City to vacate a portion of S.E. 2nd Street. The petitioner would like to combine all of his property plus the right-of-way to expand his existing business in such a way that could not be accomplished without the street vacation. The existing right-of-way is approximately 200 feet or less in length and terminates at the abandoned railroad right-of-way, which is planned for the "Rails To Trails" trail connection. During the 1980's the adjacent property owners paid a special assessment to have the City construct the short dead-end street. In addition, a retention basin was designed and constructed at the southern terminus of the street, in a manner that precluded vehicular access further to the south. The basin, however, has not been maintained over the years and is no longer functioning as designed. Currently, the basin is completely silted-in and overgrown. This portion of S.E. 2nd Street does not connect to any other streets south of S.E. 11th Avenue. It does, however, provide the only known access to an adjacent parcel.
The City Plan Board reviewed the petition and recommends denial of the petition. The Board spent a considerable amount of time trying to determine whether there are other solutions for access to the adjacent property. The Board looked at other potential access points for the adjacent property as well as an old prescriptive easement that crosses over other properties in the area. The City Attorney's Office and the Public Works Department have indicated that the street should not be vacated if an adjacent parcel would become landlocked.
Public notice was published in the Gainesville Sun on November 3, 1998. Letters were mailed to surrounding property owners on November 4, 1998. The Plan Board held a public hearing on November 19, 1998.
Fiscal Note
None
Recommendation
City Plan Board to City Commission - The City Commission deny Petition 180SVA-98 PB. Plan Board vote 5-1
Staff to Plan Board - Deny