boardname
PLANNING AND ZONING BOARD
Meeting Date: SEPTEMBER 27, 2023
title
NE 26TH AVE RIGHT OF WAY ABANDONMENT
projectinfo
Request: Right of Way Abandonment
P&Z# 23-18000003
Owner: City of Pompano Beach
Project Location: N.E. 26th Avenue
Folio Number: Multiple Folios
Land Use Designation: Residential (L)
Zoning District: Residential (RS-2)
Commission District: 1 (Andrea McGee)
Agent: Maggie Barszewski (954-786-7921 / maggie.barszewski@copbfl.com)
Project Planner: Maggie Barszewski (954-786-7921 / maggie.barszewski@copbfl.com)
otherinfo
Summary:
This is a City-initiated request to abandon a right-of-way shown on the Avalon Garden Estates 1st Addition Plat. The subject right-of-way consists of swale area located along the east and west sides of NE 26th Avenue north of NE 13th Street. The request originated with Rodney Mackenburg, whose property lies along the eastern side of NE 26th Avenue (1320 NE 26th Avenue). He requested an abandonment of 10 feet along the frontage of his property. After researching the request, the Development Services Department made the determination that this segment of NE 26th Avenue is wider (70-foot width) than the typical residential Street (50-foot width). Since the property owners along this segment of the avenue have expressed a desire to have the width of NE 26th Avenue be the same as any typical residential street, the Development Services Department determined that a City-initiated request should be made. The request had to be adjusted to accommodate a utility line running along the eastern side of NE 26 Avenue. As a result, only 5 feet can be abandoned along the east side and 10 feet can be abandoned along the west side. Utility easements will be retained over the entire area being abandoned.
It must be noted that when contacted, two of the adjacent property owners declined to accept the abandoned area adjacent to their lots so those areas will not be abandoned. The City Engineer has acknowledged and accepted this partial abandonment.
REVIEW AND SUMMARY
A. The following Service Providers commented on this request:
Code Compliance: No Objection
Fire Department: No Objection
Public Works Department: No Objection
Utilities Department: No Objection with only 5 feet along east side
FP&L: Notice sent, no objection has been received
AT&T: No Objection
TECO Gas: No Objection as long as there’s an easement replacing it
Comcast Cable: Notice sent, no objection has been received
B. Development Services Department staff submits the following factual information which is relevant to this abandonment request:
1. The subject right-of way to be abandoned is 5 feet along the east side of NE 26th Avenue and 10 feet along the west side of NE 26th Avenue.
2. The width of the right of way within that segment of NE 26th Avenue is currently 70 feet, where only 50 feet is required for a typical residential street.
C. Review Standards
Section 155.2431 D. 1. & 2. states that an application for vacation or abandonment of a public right-of-way or easement shall be approved only on a finding that all of the following standards are met:
1. The right-of-way or easement is not now, or in the foreseeable future, of any benefit to the city or its inhabitants; and
2. Vacation or abandonment of the right-of-way or easement is consistent with the Comprehensive Plan.
D. Staff Analysis
With the provision of an easement to accommodate possible utility access, there is no public purpose to this excess right-of-way located within this segment of NE 26th Avenue. The width had originally been simply an extension of that which was provided south of NE 13th Street to accommodate additional landscaping for Harbor Drive.
All of the service providers that have submitted comments have stated they have no objection to this request. Notice was sent to FP&L and Comcast to respond if objecting and no objection has been received. A utility easement is being reserved over the entire area being abandoned to accommodate any potential utility locations.
The abandonment of this easement meets the standards of Section 155.2431D.1. & 2, and therefore staff recommends approval of this request.
DEPARTMENT RECOMMENDATION
Given the information provided to the Board, staff provides the following alternative motions for the Board’s review.
Alternative Motions
I- Approve with conditions
Recommend approval to the City Commission as the Board finds that the right-of-way abandonment meets the standards of Section 155.2431D.1. & 2. With the following condition:
1. A utility easement will be retained over the entire area being abandoned.
II- Table
Table this abandonment request to allow time for the Applicant to address any objections raised by the affected parties or to get additional information.
Staff recommends alternative motion number I.