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File #: LN-447    Version: 1 Name:
Type: PZB Submission Status: Reported to Council
File created: 5/3/2023 In control: Planning and Zoning Board
On agenda: 5/24/2023 Final action: 5/24/2023
Title: POMPANO TOWNHOMES ROW VACATION
Attachments: 1. PZB Drawings_5-24-2023.zip, 2. PZB Documents_5-24-2023.zip

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boardname

PLANNING AND ZONING BOARD

Meeting Date: MAY 24, 2023

 

title

POMPANO TOWNHOMES ROW VACATION

 

projectinfo

Request:                     ROW Vacation

P&Z#                     23-18000002

Owner:                     Pompano Beach Community Redevelopment Agency

Project Location:                     1531 - 1537 N Dixie Highway

Folio Number:                     484226470010

Land Use Designation:                     C (Commercial)

Zoning District:                     B-3 (General Business

Commission District:                     4 (Beverly Perkins)

Agent:                      Andrea Harper (954-788-3400)

Project Planner:                     Maggie Barszewski (954-786-7921 / Maggie.barszewski@copbfl.com)

 

otherinfo

Summary:                     

This is a request by Andrea Harper of Keith, Inc. and the developer, Gary Fernandez on behalf of Pompano Beach Community Redevelopment Agency (CRA), who is the property owner. The intent is to abandon a 15-foot strip of right-of-way on the west side of Dixie Highway between NW 15th Place and NW 15th Court in order to more easily develop the parcel into 10 townhouse units. The project design includes two, two-story buildings along Dixie Highway with ground floor parking, improved grading, drainage and landscape design. The project’s Minor Site Plan and Flex Allocation requests are being reviewed concurrently.

 

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

FP&L:                     No Objection

AT&T:                     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. Dixie Highway is only required to be 80 feet wide in this location and the current width is 95 feet, therefore, the subject 15 feet of right-of-way is eligible for abandonment.

 

2. The subject property has never been developed.

 

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

Since the Broward County Trafficways Plan requires only 80 feet of right-of-way for Dixie Hwy at this location, Staff believes abandoning the excess 15 feet will facilitate development of this property consistent with the plans of the Community Redevelopment Agency (CRA).

 

All of the service providers that have submitted comments have stated they have no objection to this request.  Only Teco, FP&L and ATT have not yet submitted a comment. Therefore a suggested condition will require these comment letters 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 easement abandonment meets the standards of Section 155.2431D.1. & 2. With the following condition:

 

1. That the Applicant provides the remaining required no objection letters.

 

II- Table

 

Table this abandonment request to allow time for the Applicant to address any objections raised by the Board.


Staff recommends alternative motion number I.