(A) All requests for creating, improving, altering, and vacating City rights-of-way shall be made by verified written petition, in an application filed with City, including, but not limited to the following:
(1) A boundary survey and description of the property to be vacated (subject property). The boundary survey needs to show the location of any improvements and encroachments within the property to be vacated. The boundary survey and description must be prepared by a professional surveyor and mapper licensed in the state of Florida.
(2) A legal sketch of description.
(3) All property owners within five hundred (500) feet of the subject property shall be transmitted a courtesy notice by U.S. Mail which shall provide the following: date, time, and location of public hearing; type of petition considered at the public hearing; and location where the petition may be reviewed. Petitioner must request a radius map package from Brevard County.
(4) A certification from the petitioner that the proposed change will not deprive other property owners of access to and from their property.
(5) Letters or certificates from all public utilities that the vacation of right-of-way will not interfere with services being provided nor encroach on any utility easements.
(6) A statement of justification for approval of petition.
(7) A letter of authorization when the applicant is not the property owner.
(8) All fees have been paid for the application, mailing, and sign cost associated with said request.
(B) Once a complete application request has been received by City Staff, a review of the petition will be administered verifying that the following steps have been taken prior to being placed on a City Council agenda:
(1) The requested creation, improvement, alteration, or vacation is consistent with the Transportation Element of the City's Comprehensive Plan.
(2) The right-of-way does not provide the sole access to any property. Remaining access shall not be by easement unless otherwise permitted in a planned development.
(3) The proposed creation, improvement, alteration, or vacation would not jeopardize the current or future location of any utility.
(4) The proposed creation, improvement, alteration, or vacation is not detrimental to the public interest.
(Ord. 2023-99, passed 11-2-23)