Item 1 of 22
Unused Fairy Avenue segment could be released for development
Applicant seeks to abandon the right-of-way so a city-owned parcel can be developed as one piece; a sewer easement would remain, and the Planning Board voted 4–0 to recommend approval.
The City Commission is being asked to hold the first of two public hearings on a proposed ordinance that would vacate (give up) a currently unimproved portion of Fairy Avenue. Staff describe the segment as north of W 13th Street, between Lisenby Avenue and Fairland Avenue, and splitting a parcel identified as 18691-000-000 that is designated as city property.
Staff say a sewer easement along the north side of the property would stay in place and that vacating the right-of-way would not jeopardize current or future utilities or infrastructure. The supporting staff report says the unimproved road segment is not being used for through traffic or vehicle access and that the applicant wants the road vacated so the property can be developed “in its entirety.” Planning Board previously reviewed the request and unanimously recommended approval, and staff concur with that recommendation.
The City Commission is being asked to conduct the first of two public hearings on Ordinance 3318 to vacate and abandon an unimproved portion of Fairy Avenue. The Development Services Director recommends moving the ordinance forward for its first public hearing, and staff cite the Planning Board’s 4–0 recommendation and staff’s finding that utilities and access would not be harmed.
Why this matters
Public street space is a community asset, even when no road has been built. Giving up this segment would make it available for development, so nearby residents have a stake in what access would remain and what could eventually be built there.
Official wording and sources
First of two public hearings on Ordinance 3318, an ordinance to vacate and abandon an unimproved portion of Fairy Avenue.
Agenda Item Request Form 3318_Fairy Ave VROW.pdf
Agenda Request Packet 3318_Fairy Ave ORDINANCE NO_VROW.pdf
Listen to this explanation · 2:02
Audio is unavailable. You can still read the explanation below.
Learn more about this item
Why does staff say vacating this right-of-way would not interfere with sewer service?
Staff say the parcel has a sewer easement along the northern portion of the property that will remain, and that vacating the right-of-way would not jeopardize the current or future location of utilities.
Supporting passages
o vacate and abandon an unimproved portion of Fairy Avenue. The applicant is requesting to vacate and abandon an unimproved portion of Fairy Avenue north of W 13th Street, west of Lisenby Avenue, east of Fairland Avenue, and splits the parcel identified as 18691-000- 000, of land designated as “City Property”. The property currently has a sewer easement along the northern portion of the property that will remain, vacating the right of way would not jeopardize the current or future location of an17695.pdf
e that splits the parcel 18691-000-000 does not impede traffic and is not being used for vehicle access. The right of way does not provide sole access to any property except to the owner of parcel 18691-000-000. Parcel 18691-000-000 currently has a sewer easement along the northern portion of the property that will remain, vacating the right of way would not jeopardize the current or future location of any utilities. The vacation request would not be detrimental to the public interest because it17695 (1).pdf
What did the Planning Board do on this request?
Staff report that the Planning Board reviewed the item on September 14, 2026 and unanimously recommended approval (4–0).
Supporting passages
y utilities or infrastructure. This item was previously reviewed by the Planning Board on September 14, 2026. The Planning Board recommended approval unanimously (4-0). Staff concurs. The following document(s) are enclosed: a) Ordinance No. 3318 b) Staff Analysis, Report, and Recommendation c) Maps (Aerial, Location, Future Land Use and Zoning) d) Survey The Director of Development Services recommends the City Commission conduct the first of two public hearings. Source(s) of non-budgeted funds?17695.pdf
What reasons does the staff report give for supporting the vacation?
The staff report says the unimproved portion of Fairy Avenue is not being used for through traffic or vehicle access, does not provide sole access to other properties, and does not eliminate any public access to water in this area.
Supporting passages
e that splits the parcel 18691-000-000 does not impede traffic and is not being used for vehicle access. The right of way does not provide sole access to any property except to the owner of parcel 18691-000-000. Parcel 18691-000-000 currently has a sewer easement along the northern portion of the property that will remain, vacating the right of way would not jeopardize the current or future location of any utilities. The vacation request would not be detrimental to the public interest because it17695 (1).pdf
currently is not being used for through traffic. The proposed vacation does not eliminate a public accessway to the water, there is no water access available in this area. Per the local Comprehensive Plan’s Transportation Element, the City is charged with establishing and maintaining a safe, convenient and efficient multi-model transportation system to move people and goods through the City. The City is required to reduce greenhouse gas emissions by reducing per capita vehicle miles traveled th17695 (1).pdf
What hearing dates are listed in the supporting staff report?
The supporting staff report lists the City Commission first public hearing date as October 13, 2026, and the second and final public hearing date as October 27, 2026.
Supporting passages
13, 2026 Date(s) Second and Final Public Hearing: October 27, 2026 Meeting Type Public Hearing Staff Information Orlando Russ,planner II, Planning & Zoning Division, Development Services Department Action Necessary Yes Staff Recommendation APPROVE Attachment (s) Included Vacation/Abandonment of Right of Way (ROW) or Easement Aerial Map and Location Map, Survey, Property Condition Report Application, Location, Site and Land Use Summary: Case Number CPC-PLN-2026-1702 Application Type Vacation/Aban17695 (1).pdf