§ 4-29. Procedure for Consideration of a Vacate

(A)

Pursuant to Florida Statutes. Vacate procedures shall be pursuant to Chapter 177, Florida Statutes.

(B)

Petition for vacate. A petition for a vacate of a plat, easement or right-of-way may be proposed by submittal of an application to the Planning, Zoning and Development Department in accordance section 4-11.

(C)

Staff Review. Once the application is determined to be complete by the Community Development Director the application will be reviewed by City Staff for compliance with all applicable City regulations.

(D)

Planning and Zoning Board. Staff shall prepare a report of findings for presentation at a public hearing by the Planning and Zoning Board. The Planning and Zoning Board shall consider the application, all supporting documentation and evidence, the staff report of findings and shall make recommendation regarding the vacate to the City Council.

(E)

City Council. The City Council shall hold a public hearing to consider the application, all supporting and evidence, the staff report of findings and the Planning and Zoning Boards recommendations. The City Council shall approve, approve with conditions or modifications or deny the application.

(F)

Criteria for approval of a vacate. In order to authorize a vacate of any plat, easement or right-of-way, the City Council must and shall find:

(1)

The proposed vacate conforms to the comprehensive plan and land development regulations.

(2)

Owners of adjacent property shall not be negatively impacted by the vacation

(3)

The City or other governmental body or service provider does not have necessity to maintain the plat, easement or right-of-way for continuance of a public benefit.

(G)

Approval by Resolution. Approval of a vacate shall be by resolution which shall specify the exact nature a of the vacate and any conditions, limitations or requirements assigned to the approval thereof. The effective date of the resolution shall be the date the resolution is approved unless otherwise specified in the adopting resolution.

(H)

Denial of Petition.

(1)

If the City Council does not act on the petition within six (6) months of the date of receipt of the Planning and Zoning Boards recommendations, the petition shall be deemed to have been denied.

(2)

Whenever the City Council has taken action to deny a petition for a vacate, the City shall not consider any further petition for the same vacate on all or any part of the same property for a period of six (6) months from the date of that action.

(3)

Notwithstanding subsection [(H)](2) above, the City Council at any time may consider a new application affecting the same property as an application that was previously denied provided that the application differs in some substantial way from the one previously considered.

(I)

Expiration of vacate. Once a petition for vacate of a plat, easement or right-of-way has been approved by the City Council, the effect of the vacate shall not expire.