In some cases, right-of-way is on a project site that is either no longer used or was never developed. An abandonment application is a process which can potentially result in the return of the unused right-of-way to private use, provided certain standards are met.
Pre-Submittal
Per Tallahassee Land Development Code Sec. 8-42, prior to submitting the Abandonment application, applicants are required to apply for a no-cost Pre-submittal Review meeting. The Pre-submittal Review meeting is designed to provide the applicant with information prior to the preparation of a site plan application. The applicant may schedule a pre-submittal Review by submitting a pre-submittal application to the Growth Management Department, Land Use and Environmental Services Division by 10:00 a.m. each Thursday.
Apply for a pre-submittal review through the online application portal.
Submittal Requirements
The deadline for filing an abandonment application can be found online. The documents listed below will constitute a complete application. All documents should be submitted in electronic PDF form using the Standard Naming Conventions.
- Letter of support from each abutting property owner, or a statement setting forth the reason such letter of support is not available
- Completed Owner's Affidavit (with notary signature) of property adjacent to a street to be abandoned or closed
- Project Narrative
- Signed & Sealed Boundary Survey (with digital surveyor signature or original hardcopy stamped "verified original" by Growth Management staff)
- Any proposed deed restrictions or covenants (if applicable)
Once these items are received, a sign must be posted on the property to constitute a substantially complete application. Once an application is received, and intake staff has reviewed that all required documents have been submitted, a sign document file, sign specifications, and sign posting affidavit will be sent via email, to the applicant, with detailed instructions so that the Legal Notification requirement task can be completed. To complete the application submittal requirements, the applicant must upload a completed sign posting affidavit and two pictures of the posted sign. The deadline for completing all submittal requirements (including sign posting) is 10:00 a.m. on a DRC submittal day.
Apply for Abandonment Application Review
Review
Abandonment applications are reviewed by the Development Review Committee (DRC). The DRC is comprised of the directors (or their designees) of the following City departments:
- Growth Management
- Traffic Engineering
- Planning
- Water Utility
- Leon County School Board
The deadline for filing an application with the DRC is generally 30 days prior to the meeting. Therefore, the review time frame is also 30 calendar days. To view the DRC meeting schedule with associated deadlines, visit this link. Generally, the DRC typically meets twice a month. Per the City of Tallahassee Land Development Code, meetings of the DRC are administrative in nature and not subject to the quasi-judicial provisions of Florida Statutes. While no testimony may be received from any applicant or member of the public during the course of a DRC meeting, a public participation opportunity is provided for each item on the DRC agenda. Each DRC member is responsible for providing written findings, which identify whether the application meets the applicable criteria and standards imposed by codes, regulations, and adopted standards of the City. The written findings are transmitted to other members of the DRC and the applicant and are made available for public inspection at least one (1) working day prior to consideration by the DRC. The written findings are the basis for the DRC to approve, approve with conditions, or deny the application.
Approval
The DRC will either approve, approve with conditions, or deny the application. If the project is approved with conditions, revised copies of the plans should be submitted within 90 days of approval, after the applicant addresses the conditions of approval and incorporates all changes. One 90-day extension for submission of the revised plans may be approved by the Land Use Administrator, when requested in writing by the applicant. If the revised plans are not submitted within the time frames specified, the approval will be considered null and void. Please be advised that the revised plans should only reflect changes that are necessary to satisfy the approval conditions, otherwise the revised plans should be identical to the original submission. The DRC members will review the revised plans, and if all of the above-referenced conditions have been satisfied, the DRC Chair will issue final approval.
Appeals
The decision of the DRC becomes final thirty (30) calendar days after it is rendered unless a person who qualifies as a party under Chapter 2 of the City of Tallahassee Land Development Code files a petition for formal proceedings before the Tallahassee-Leon County Planning Commission in accordance with Chapter 2 of the City of Tallahassee Land Development Code.