Title
Request to Vacate Public Right-of-Way for a portion of SW 7th Avenue Located East of the Intersection of SW 9th Street and SW 7th Avenue (B)
Petition PB-18-173 SVA. Midtown Properties of Gainesville, LLC, applicant to vacate a public right-of-way for a portion of SW 7th Avenue located east of the intersection of SW 9th Street and SW 7th Avenue.
Explanation
Petition to vacate a portion of public right-of-way on the eastern portion of SW 7th Avenue lying east of the intersection of SW 9th Street and SW 7th Avenue, south of Lot 104, and north of lot 103, within the plat of O.A. Porter’s Addition. The portion of right-of-way to be vacated is approximately 35 feet wide and approximately 100 feet long and does not provide through access. Only a portion of the right-of-way is improved and terminates into a wetland area.
The criteria for the vacation of public streets or public places are found in both Policy 10.2.1 of the Transportation Mobility Element of the Comprehensive Plan and Section 30-192 of the Land Development Code. Specifically, Policy 10.2.1 of the Transportation Mobility Element states that the City shall not close or vacate streets except under the following conditions: A) the loss of the street will not foreclose reasonably foreseeable future bicycle/pedestrian use; B) the loss of the street will not foreclose non-motorized access to adjacent land uses or transit stops; C) the loss of the street is necessary for the construction of a high density, mixed-use project containing both residential and non-residential uses or creating close proximity of residential and non-residential uses; and D) there is no reasonably foreseeable need for any type of transportation corridor for the area. Section 30-192 of the Land Development Code states that, in order to vacate public right-of-way, the City Commission shall find that: A) the public street or public place no longer serves a public purpose; or B) the vacation of the public street or public place is i...
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