REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 99-256
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TO: Chairman and Members
Planning and Development Board
FROM: Michael W. Rumpf
Planning and Zoning Director
DATE: November 2, 1999
SUBJECT: KENMONT - ABAN 99-005
Alley-way service-street abandonment
NATURE OF REQUEST
Diana Hileman, Esquire, agent representing property owner Mr. Oris W. Walker, is
requesting abandonment of an alley or service-street that abuts his property at 707 NW 3rd
Street. The attached Exhibit" A" shows the location of the applicant's property and the street
segments to be abandoned. The Exhibit "B" shows a detailed sketch of the proposed
abandonment.
BACKGROUND
The Plat of Ridgewood Hills, approved in 1952, shows an alley-way or service-street as a
twenty (20) foot wide right-of-way running east and west, from NW 3rd Street to NW 4th
Street, and adj acent to the north of the applicant's property.
The applicant's property abuts the eastern end of the alley, it is kept in good shape and debris
and overgrown grass free. The western end is not as clean, and overgrown grass abounds.
Aerial power lines cross the alley east to east; residences private power lines are supplied from
the aerial lines. It is noteworthy that no portion of this alley-way has ever been abandoned.
ANALYSIS
The city departments involved in the review of all requests for abandonment, and the utility
companies notified of the request are identified below. Public notice was given to the property
owners that abut the alley-way and it has been advertised in the newspaper. The utility
companies and the city departments I responses to the abandonment request are as follows:
CITY DEPARTMENTS
Engineering
No objection.
Fire
No objection.
Police
No objection.
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Development Department Memorandum No. PZ 99-256
ABAN 99-005
Utilities
The Department has an active gravity
sewer line in the subject alley; approving
the abandonment will inhibit access needed
for maintenance and repair of the sewer
line. Utilities Department feels that
granting a utility easement will not be a
suitable option.
PUBLIC UTILITY COMPANIES
Florida Power and Light
No objection, subject to granting a ten-foot
utility easement that centers on the existing
distribution facilities at no expense to FPL.
Bell South
No objection, subject to granting a twelve-
foot easement for existing facilities.
Florida Public Utilities Company
No objection.
Cable Company (Adelphia)
No objection.
Cable Company (Comcast)
No objection, subject to granting a ten-foot
utility easement that centers their existing
aerial plant within the requested
abandonment area.
The following is a description of the zoning districts and land uses of the properties that
surround the subject request (see Exhibit "A" - Location Map).
South
Alley-way proposed for abandonment and farther north a
residential property zoned RIA.
NW 6th Avenue right-of-way and farther south is a residential
property zoned RIA.
NW 3rd Street right-of-way and farther east a residential property
zoned RIA.
Residential property zoned RIA.
North
East
West
Staff feels that by approving this application other neighbors in the area will feel encouraged to
file similar abandonment applications; this, eventually, will compound sewer line maintenance
problems for Utilities Department.
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Development Department Memorandum No. PZ 99-256
ABAN 99-005
RECOMMENDATION
Considering the strong arguments from Utilities Department, and to discourage any other
possible abandonment applications for the same alley, staff recommends denial of this
abandonment request. However, if the Planning and Development Board recommends
approval, and if the Commission approved it, it shall be subject to recording of easement(s)
required by Florida Power and Light, Comcast, and Bell South (see Exhibit "C" - Conditions
of Approval). Also the Board and the Commission may need to consider an easement for
Utilities Department.
xc: Central File
S:\Planning\SHAREDlWP\PROJECTS\KENMONT 707 NW. 3RDlSTAFFREP.DOC