Developer wins city vacation of Cross Street

Although the vote margin was not the same as the first reading, the Sarasota City Commission on Monday approved vacating the right of way on Cross Street on second reading by a 3-2 vote.

Vice Mayor Jen Ahearn-Koch joined Commissioner Debbie Trice, the lone dissenter of the first reading on Aug. 19, in opposition to developer Orange Pineapple LLC’s request to assume control of the one-block long cut-through street between the Ringling Boulevard/South Pineapple Avenue roundabout and South Orange Avenue.

At issue are the multiple proffers related to the request, which Ahearn-Koch argued could be undone by vote of a future City Commission if requested by the developer, joining Trice in similar reservations about the plan.

“I'm just concerned about the future, the unknowable future,” Trice said. “We don't know what they will bring forward to future City Commissions and how future City Commissions will vote.”

Cross Street was never under ownership of the city. Rather, it owned the right of way on the street, which is owned by Orange Pineapple.

As it develops the site along both sides of Cross Street, Orange Pineapple will not close it to public traffic. It plans to open the one-way street to two-way movement with an upgraded paver material between structures it would build on both north and south sides. The developer would not commit to an "open sky" proffer — to not build over the street — but such plans would constitute a major encroachment, which must be approved by the City Commission.

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Ahearn-Koch asked City Attorney Robert Fournier if there are any guarantees that proffers — which she characterized as breakable promises — could be eased by a future commission. 

“They can be terminated by mutual agreement of the parties,” Fournier said.

“So there's no perpetual guarantee,” replied Ahearn-Koch.

Responded Fournier, “I don't see there ever was or will be.”

Street vacation justification requires that the applicant demonstrates a public benefit to be gained over its current use. Orange Pineapple has agreed to provide 50 public parking spaces in exchange for the right of way, that Cross Street will remain open for public use and a better quality development will result.

“Whether they're holding the easement for the benefit of the city or we're holding it for the benefit of the public, it would be the same process that any owner of the property could still come and ask for it to be totally vacated,” said Mayor Liz Alpert. “I see a public benefit in that the roadway is going to be still for the public, it’s going to be enhanced and it's going to be paid for by the private sector rather than the taxpayers.”