Diego Penaloza

Senior Planner

Rick Buckeye, AICP
Planning Supervisor

Sierra Marrero, AICP

Assistant City Manager

Case #CD26-01A “Vacation of Utility Easement – Powerline Apartments” - A Public Hearing to consider the Powerline Apartments application for the vacation of a 12-foot-wide Utility Easement lying within Parcels C and D of the Googe Plat No. 1, Plat Book 136, Page 15, located on the southwest corner of Northwest 38 Street and North Powerline Road.

Issue Statement: The Powerline Apartments proposes to vacate a 12-foot-wide Utility Easement Lying within Parcels C and D of the Googe Plat No. 1, to enable the construction of a 9-story mixed-use mid-rise building containing 257 units (includes 40% Workforce Housing = 103 Units), 4,834 sq. ft. of ground floor commercial space, 3-story parking garage podium, and ground floor amenities to be located within parcels number 494221200121, 494221200130, 494221380040, and 494221380050. The development is a joint venture of Brickbox West OP Development, LLC and Newrock Partners, located at 3701 North Powerline Road.

Recommended Action: Staff recommends the City Commission conduct a Public Hearing and adopt a Resolution to approve the vacation of the subject 12-foot-wide Utility Easement lying within Parcels C and D of the Googe Plat No. 1, Plat Book 136, Page 15.

Background:  The vacation or abandonment of the Utility Easement is necessary to satisfy previously approved Development Review Committee Conditions of Approval and is essential as the existing Utility Easement location will conflict with the proposed mid-rise building within parcels C and D of Googe Plat No. 1. 

Property Description: The subject site has frontage on Northwest 38 Street and North Powerline Road, and it is staff’s understanding that there are no public utilities located within the 12-foot-wide Utility Easement lying within Parcels C and D of the Googe Plat No. 1.  However, the Applicant has agreed to Engineering Conditions of Approval which states that if any utilities are found within the 12-foot-wide Utility Easement, the owner will be responsible to properly disconnect and plug or cap off at the mains within Northwest 38 Street.

Planning and Zoning Board:

The item was considered at the Planning and Zoning Board's April 20, 2026, Public Hearing. The Board voted 5 to 0 to recommend approval to the City Commission.

Findings:

The vacation of this Utility Easement and relocation of any existing utilities is a necessary element of the Powerline Apartments development project.

This is a platted Utility Easement, and the vacation of the easement requires final approval from Broward County to vacate the subject Utility Easement recorded by the Googe Plat No. 1, Plat Book 136, Page 15.

Utility providers were contacted during the vacation process and provided letters of no objection to the vacation of the 12-foot-wide Utility Easement lying within Parcels C and D of the Googe Plat No. 1, Plat Book 136, Page 15.

Applicable Codes:

City of Oakland Park, Land Development Code
Sec. 24-97. - Vacation of public ways.

(A) Who may file. An owner or owners of property abutting a street, alley, easement or other public way may make application to the Community Development Department to vacate the public way within or adjacent to the property. If the applicant or applicants are not the only abutting property owner(s), or if the property proposed for vacation serves any other property owner(s), a signed and notarized consent form from each such other property owner must be submitted with the application.

(B) Fee. A fee as specified in the Land Development Fee Schedule shall be submitted with an application for the vacation of a public way.

(C) Public hearings; notifications. Advertised public hearings required by State Statute, City Charter or the City Code of Ordinances shall be held before the planning and zoning board and City Commission when required and a notice of such hearing shall be mailed to the affected property owners when and as required.