boardname
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
Meeting Date: APRIL 28, 2021
title
SONATA ROW VACATION
projectinfo
Request: Right-of-Way Vacation
P&Z# 21-18000001
Owner: Pompano Beach Community Redevelopment Agency
Project Location: 700 Block of Dixie Highway
Folio Number: 484235110070
Land Use Designation: C (Commercial)
Zoning District: B-3 (General Business)
Commission District: 4
Agent: Michael Amodio (954-788-3400)
Project Planner: Maggie Barszewski (954-786-7921 / Maggie.barszewski@copbfl.com)
otherinfo
Summary:
This is a request to abandon a remnant right-of-way left over from the 2008 abandonment of NW 6th Ct. The remnant consists of 32.25 square feet and is located on the southwestern corner of the mixed-use Sonata project that WTLG, LLC, the Applicant, is developing in partnership with the NW CRA. The project is located off of Dixie Highway, between NW 6th Street & NW 8th Court. On January 27, 2021, a Site Plan for a 121-unit multifamily project with 3,467 square feet of commercial space was approved for the property. A Flex Allocation for 100 Flex units was also approved for the project on October 22, 2019. The Plat was approved by the City Commission on the March 23, 2021. All three approvals required this abandonment as a condition.
REVIEW AND SUMMARY
A. The following Service Providers commented on this request (all such comments must be received prior to City Commission unless conditioned otherwise):
Community Redevelopment: No Objection
Code Compliance: No Objection
Fire Department: A turn around area or an access easement will be necessary
Public Works Department: No Objection
Development Services: No Objection
Utilities Department: No Objection
FP&L: No Objection
AT&T: No Objection
TECO Gas: No Objection
Comcast Cable: No Comments have been received
B. Development Services Department staff submits the following factual information which is relevant to this abandonment request:
1. The property is located on the west side of Dixie Highway, between NW 6th Street & NW 8th Court.
2. The Applicant’s request is necessary in order to develop a 121-unit multifamily project with 3,467 square feet of commercial space that was approved for the property.
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
Eight of the ten service providers required to comment have submitted comments stating that they have no objection to this request. Comcast is the only service provider that has not yet submitted comments, regarding this request, therefore, a condition will be recommended to ensure this is addressed prior to first reading by City Commission.
The Fire Department commented that this abandonment would result in a dead end, which would create difficulty for the fire trucks to turn around. Therefore the Department requests that an access easement be provided allowing fire trucks to proceed through the development. In order for this request to meet the requirements of number 1 above, a condition will be suggested to accommodate the Fire Department’s concern.
Based on the above-noted exceptions, the abandonment of this right-of-way meets the abandonment standards of Section 155.2431D. 1. & 2, and therefore staff recommends approval of this request with conditions.
Staff Conditions:
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; however, it will not be placed on a City Commission agenda until the following conditions are met:
1. The Applicant shall submit a ‘No Objection’ comment from Comcast.
2. The Applicant shall submit a public access easement with legal description that satisfies the Fire Department.
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.
III- Denial
Recommend denial to the City Commission as the Board finds that the easement serves a public purpose and should not be abandoned.
Staff recommends alternative motion number I.