boardname
PLANNING AND ZONING BOARD
Meeting Date: MAY 24, 2023
title
ROW ABANDONMENT - PORTION OF NW 21ST ST ALLEY
projectinfo
Request: Right-of-Way Abandonment
P&Z# 23-18000001
Owner: City of Pompano Beach
Project Location: NW 21 ST Alley
Folio Number: 484227020700
Land Use Designation: I (Industrial)
Zoning District: I-1 (General Industrial) & I-1X (Special Industrial)
Commission District: 4 (Beverly Perkins)
Agent: N/A
Project Planner: Maggie Barszewski (954-786-7921 / maggie.barszewki@copbfl.com)
otherinfo
Summary:
This is a City-initiated request to abandon an alley right-of-way shown on the Rambler Park Plat. The alley consists of 22,655 square feet (0.52 acres) and is located within the block between NW 21 & 22 Streets. The request originated with Carlos Anjos of CPS Painting and Waterproofing, who owns two properties that are split by the alley (1940 NW 22 Street and 1941 NW 21 Street). After researching the request, the Development Services Department made the determination that the entire alley should be abandoned since the City will not abandon just a small portion of an alley and in fact, the entire alley has no public purpose.
REVIEW AND SUMMARY
A. The following Service Providers commented on this request:
Code Compliance: No Objection
Fire Department: No Comments have been received
Public Works Department: No Objection
Utilities Department: No Objection
CRA No Objection
FPL: No Comments have been received
ATT: No Comments have been received
TECO Gas: No Comments have been received
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 alley consists of 22,655 square feet (0.52 acres) and is located within the block between NW 21 & 22 Streets.
2. The majority of the alley is currently impassable due to the lack of paving and subsequent encroachments.
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
All of the service providers that have submitted comments have stated they have no objection to this request. Service provider letters from the Fire Dept., TECO, Comcast, FPL and ATT have not yet submitted a comment. Therefore a suggested condition will require these comment letters be provided prior to the City Commission consideration.
With the exception of the outstanding letters of no objection, 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 alley abandonment meets the standards of Section 155.2431D.1. & 2. With the following condition:
1. That the Applicant provides the no objection letter from the remaining Service Providers that have not yet commented.
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 as requested by the Board.
Staff recommends alternative motion number I.