Summary Resolution 17-01 pertains to a request by Aaron Hickman, PSM, agent for Alachua Foundation Park Holding Company, LLC, and the University of Florida Foundation, Inc., (the "Petitioners") to vacate a part of the plat, identified as Lot 1, of Progress Technology Park, as recorded in Plat Book 28, Pages 86 and 87, of the official records of Alachua County Florida.
The plat of Progress Technology Park was approved by the City in 2010, and was necessitated by the development of Santa Fe College's Perry Center for Emerging Technologies (the "Perry Center"), which is located on Lot 2 of Progress Technology Park. The plat of Progress Technology Park (included within the supporting documents for this item) consists of two (2) lots: Lot 1 (proposed for vacation by this item); Lot 2 (Santa Fe College); a master stormwater management facility; and the right-of-way of NW 119th Terrace (reference the attached plat of Progress Technology Park for a visual depiction of the described areas).
Since the lands were platted and the development of the Perry Center occurred, the City's Land Development Regulations (LDRs) were amended to exempt certain development from the subdivision review process. This exemption, provided in Section 2.4.10(B)(3)(f), exempts certain multi-family and non-residential development from subdivision review, provided that the development is subject to site plan review pursuant to Section 2.4.9 of the LDRs, and provided that such development would not result in the creation, relocation, or extension of any street. Such development must also comply with Chapter 177, Part 1, Florida Statutes (which pertains to the platting of lands), and cannot constitute a division, resubdivision, or combination/consolidation of lots as defined in the LDRs. Site plans for such development must indicate the location and specification of all utility infrastructure serving the development.
Given the preceding, development on the lands inclusive of Lot 1 could now occur without a requirement to subdivide the lands, if the provisions of Section 2.4.10(B)(3)(f) as further described above are met.
In order to facilitate future development on the lands inclusive of Lot 1, the Petitioners have requested the City to vacate that part of the plat of Progress Technology Park. To be exempt from the subdivision review process, future development of the lands inclusive of Lot 1 will be required to comply with the provisions of Section 2.4.10(B)(3)(f), which must be demonstrated through the site plan review process.
Chapter 177.101, Florida Statutes, establishes the procedures for the vacation and annulment of plats. Chapter 177.101 permits governing bodies to adopt resolutions vacating plats in whole or in part, returning the property covered by such plats either in whole or in part into acreage. Before such resolution vacating any plat either in whole or in part shall be entered by the governing body, it must be shown that the persons making application for said vacation own the fee simple title to the whole or that part of the tract covered by the plat sought to be vacated, and it must be further shown that the vacation of the governing body will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. Chapter 177.101 also requires persons making application for vacations of plats either in whole or in part to give notice of their intention to apply to the governing body to vacate said plat by publishing legal notice in a newspaper of general circulation in the county in which the tract or parcel of land is located, in not less than two weekly issues of said paper. The persons making such application to vacate a plat in whole or in part must attach to the petition for vacation the proof of such publication, together with certificates showing that all state, county, and municipal taxes have been paid.
The Petitioners have submitted a title opinion that demonstrates the Petitioners own in fee simple the part of the tract covered by the plat sought to be vacated. Staff has reviewed the vacation request and finds that the proposed vacation would not affect to ownership or right of convenient access of persons owning other parts of the subdivision. The applicant has provided a drawing of the plat that delineates the part of the plat sought for vacation which confirms such findings. Legal notices (attached) of the Petitioner's request have been published in a newspaper of general circulation (the Gainesville Sun) in accordance with the requirements of Chapter 177.101. The notices were published in the Gainesville Sun on September 15, 2016 and September 22, 2016. The Petitioners have submitted documentation from the Alachua County Tax Collector's office that shows all state, county, and municipal taxes have been paid.
Chapter 177.101 states that if a tract or parcel of land is within the corporate limits of any incorporated city or town, the governing body of the county must be furnished with a certified copy of a resolution of the town council or city commission showing that it has already by suitable resolution vacated such plat or subdivision or such part thereof. Additionally, Chapter 177.101 states that the vacation shall not become effective until a certified copy of the resolution has been filed in the offices of the circuit court clerk and duly recorded in the public records of the county.
Resolution 17-01 would authorize Staff to furnish the Alachua County Board of County Commissioners with a certified copy of the resolution and to file the resolution in the public records of Alachua County. | | |