This request is part of the rezoning to a PDD for the Villa del Sol development. Staff received an application requesting the vacation and abandonment of the public street right-of-way located on High Street between Grand Boulevard and Aspen Street. This section of High Street currently provides direct access to three parcels however, none of these parcels are currently occupied.
At your first reading on December 17, 2024, there were five conditions being proposed with the ordinance which were as follows:
- Applicant obtaining title to all properties lying adjacent to and touching the Right-of-Way and all others described in Ordinance Number 2024-2311 (herein referred to collectively as “Properties”);
- Applicant developing the Properties, in accordance with the site plan and provisions of Ordinance Number 2024-2311 and all regulations, ordinances and laws as determined by City (herein referred to as the “Development”);
- Applicant obtaining Certificates of Occupancy from City for all structures and improvements in the Development;
- Applicant providing for the relocation of all utilities lying under, over or on the Right-of-Way at Applicant’s sole expense in a manner approved by the owner the utility infrastructure therein; and
- Applicant conveying to the City all right, title and interest it may have in the property currently subject to an ingress/egress easement in the City’s favor providing access to City’s proposed fire station under construction and lying adjacent to the Properties, in the form and manner provided by City.
At your meeting some discussion took place in respect to the proposed conditions. Additionally, the applicant of the vacation application requested some consideration of relaxed language in specific regard to the conditions. Therefore, a revised ordinance has been prepared and it is attached. In short, the ordinance becomes effective upon the applicant obtaining titles to all properties in the development. Also, a reverter clause has been incorporated which requires that the right-of-way be deeded back to the City if other conditions are not met.
The proposal is otherwise consistent with the following Goals, Objectives, and Policies of the City’s adopted Comprehensive Plan:
- FLU 1.1.4 - The City shall promote the efficient use of natural resources and public facilities and services by encouraging the use of innovative land development techniques such as planned developments, clustering of land uses and mixed-use development.
- TRA 1.2 - Promote efficient and safe traffic circulation through transportation planning and administration of land use controls.
- TRA 1.2.6 - The City shall preserve the connectivity of the street grid which facilitates traffic circulation between neighborhoods and commercial districts and provides alternatives to travel on US 19.
The Development Review Committee reviewed this matter at its regular meeting on August 22, 2024 and determined that the right-of-way vacation was consistent with the City’s Comprehensive Plan and therefore recommended approval of the Vacation of Easement/Public Right-of-Way Application, concurrently with its companion Future Land Use Map amendment, and Rezoning applications, subject to the following conditions:
1. That a legal description of the public right-of-way to be vacated is provided by the applicant;
2. That Letter of No Objection are provided by all applicable utilities; and
3. Establish an agreement with the City related to the relocation of existing water distribution and sanitary sewer lines as well as sanitary sewer manholes.