boardname
PLANNING AND ZONING BOARD
Meeting Date: MARCH 22, 2023
title
LIVE! RESORTS POMPANO - EASEMENT ABANDONMENT
projectinfo
Request: Utility Easement Abandonment
P&Z# 23-27000002
Owner: Pompano Park JV Land Holdings LLC
Project Location: 777 ISLE OF CAPRI CIRCLE
Folio Number: 494203220021
Land Use Designation: RAC (Regional Activity Center)
Zoning District: PCD (Planned Commercial / Industrial)
Commission District: 5 (Barry Moss)
Agent: Ann DeVeaux (954-788-3400)
Project Planner: Maggie Barszewski (954-786-7921 / Maggie.barszewski@copbfl.com)
otherinfo
Summary:
This is a request to abandon a 10-foot wide utility easement, by Ann DeVeaux of Keith, Inc. on behalf of the owner, Pompano Park JV Land Holdings. The easement is illustrated on the face of the Pompano Park Racino Plat, Parcel A, Plat Book 181, Page 22-27. This utility easement is located on a parcel addressed as 777 Isle of Capri Circle, which lies on the southwest corner of Race Track Road & the CSX Railroad. There are no utility assets within the easement. The abandonment will allow for the redevelopment of the property without being encumbered by this easement.
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
Development Services: No Objection
Utilities Department: No Objection
FP&L: No Comments have been received
AT&T: No Objection
FDOT No Objection
TECO Gas: No Objection
Comcast Cable: No Objection
B. Development Services Department staff submits the following factual information which is relevant to this abandonment request:
1. This utility easement is located the parcel addressed as 777 Isle of Capri Circle, which lies on the southwest corner of Race Track Road & the CSX Railroad. The portion of the 10-foot easement requested to be abandoned starts along Access Road, then follows the Plat’s eastern boundary and then turns perpendicular to extend close to the CSX Railroad.
2. The Applicant’s request is necessary in order to redevelop the property without being encumbered by this easement.
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. Only FP&L has not yet submitted a comment. Therefore a suggested condition will require this comment letter prior to City Commission consideration.
With the exception of the one outstanding letter 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 no objection letter from FPL.
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.