boardname
PLANNING AND ZONING BOARD
Meeting Date: JUNE 22, 2022
title
LIVE! POMPANO EASEMENT ABANDONMENT
projectinfo
Request: Abandonment
P&Z# 27-27000004
Owner: Pompano Park JV Northwest Corner LLC
Project Location: Isle of Capri Circle
Folio Number: 494203350040
Land Use Designation: RAC (Regional Activity Center)
Zoning District: I-1/PCD (General Industrial/Planned Commercial Development)
Commission District: 5 (Cyndy Floyd)
Agent: Ann DeVeaux (954-788-3400)
Project Planner: Maggie Barszewski (954-786-7291 / maggie.barszewski@copbfl.com)
otherinfo
Summary:
This is a request to abandon a 10-foot utility easement and 10 feet of the platted 120-foot ingress/egress access easement, by Keith, Inc. on behalf of Pompano Park JV Northwest Corner, LLC. The easements run north/south along the western side of a parcel used as a private access roadway constituting SW 23rd Avenue south of SW 3rd Street. The easements are shown on Parcel A of the recorded Pompano Park Racino Plat (Plat Book 181, pages 22-27). There are no utilities located within the easement. The abandonments will allow for the construction of proposed development of retail uses consistent with the Live! Planned Commercial Development (PCD) Master Plan.
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
Development Services: No Objection
Utilities Department: No Comments have been received
FP&L: No Comments have been received
AT&T: No Comments have been received
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 within the Live! project and runs north/south along the western side of a parcel used as a private access roadway constituting SW 23rd Avenue south of SW 3rd Street.
2. The Applicant’s request is necessary to allow for the construction of proposed development.
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. There are five service providers that have not yet submitted comments, which include: the City Utilities & Fire Departments, FP&L, AT&T, and Comcast. These comments must be received prior to it being presented to the City Commission.
With the exception of providing all of the service provider comments, the abandonment of this easement meets the abandonment standards of Section 155.2431D.1 & 2, and therefore staff recommends approval of this request with the condition that the comments be provided prior to first reading by City Commission.
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 as the Board finds that the easement abandonment meets the standards of Section 155.2431D.1. & 2, with the following condition:
1. The abandonment request will not be placed on a City Commission agenda until all service provider no-objection letters have been submitted.
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.