Alex Dambach, AICP

Planning Supervisor

Lauren Pruss, AICP

Assistant Director of Community and Economic Development

Peter Schwarz, AICP

Director of Community and Economic Development

Case #CD21-03A “North Andrews Gardens Recreation Center” - An application for Vacation of a Public Way (Utility Easement) for construction of a new parks and recreation facility for the North Andrews Gardens Recreation Center at 250 NE 56 Court.

Issue Statement:

The City of Oakland Park proposes to vacate an approximately 220-foot-long and 12-foot-wide public utility easement to enable construction of the replacement North Andrews Gardens Recreation Center at 250 NE 56 Court. The current location of the easement runs through the center of the site from east to west within the area of construction for the new building.

Recommended Action:

Staff recommends that the City Commission adopt a resolution to approve the vacation of the portion of the utility easement that runs through the center of the site at 250 NE 56 Court to enable construction of the new North Andrews Gardens Recreation Center.

Background:

Rezoning: On September 8, 2021, this property was rezoned from RD-10, Duplex and Attached One-Family Dwelling District to CF, Community Facilities District to enable construction of the new recreation center. 

Conditional Use: On September 8, 2021, the City Commission approved conditional use for this site to be used as a civic or community center which is government-owned and operated to enable construction of the new recreation center pending vacation of the utility easement that runs through the center of the property. 

Site Development Plan Review: On September 24, 2021, The Development Review Committee approved the site plan to enable construction of the new recreation center and the vacation of the utility easement that runs through the center of the property. 

Property Description:

The subject site is a city-owned 47,797 square foot parcel with frontage on NE 56 Street, NE 2 Terrace, and NE 56 Court. The subject site contains the buildings and grounds of the existing North Andrews Gardens Recreation Center and is surrounded by single-family and duplex dwellings. An existing 12-foot-wide utility easement runs through the center of the site from east to west starting at NE 2 Terrace and continues beyond the western end of this site along the back lot lines of the residential lots fronting on NE 56 Street and NE 56 Court. It currently contains overhead utility lines, which will be relocated. 

Planning and Zoning Board:

At the Planning and Zoning Board’s meeting of March 7, 2022, the proposed vacation was presented at a public hearing. Staff made a presentation to the Planning and Zoning Board, describing the project in relation to the City’s Code of Ordinances.

There were no public comments.

The Board discussed the item.

• Board Vice Chair Peterson asked about assurances that there are be no existing underground utilities in the area to be vacated. Sierra Marrero, Assistant Director for Building and Engineering Services explained the investigation process that will be used, in addition to documents from utility companies, to ensure no infrastructure would remain in the area.

The Planning and Zoning Board took action by a vote of 5-0 to recommend approval of the application for vacation of a public way to the City Commission.

The City proposes to replace the existing recreation center with a new facility, as part of the City’s 2018 General Obligation Bond issue. An approximately 5,991 square foot recreation building with a 27-space parking lot and open areas with playgrounds and ball courts is proposed.

To prepare the site for new construction, the current buildings, landscaping, and equipment will be demolished. The existing power lines in the easement area will be relocated to a new 10-foot-wide easement along the western and southern edge of the property, abutting NE 56 Street. In this new area, the lines will be underground, and the current utility easement serving the relocated lines will be vacated through this request. A 30-foot-long segment of the existing easement will remain. This easement area is part of the original Paterson Park Plat.

Findings:

The proposed demolition and complete replacement of the existing recreation center is a desirable project. The vacation of this utility easement and relocation of the utility lines underground facilitates construction of this project and eliminates of unsightly overhead wires at this site.  Additional notes:

• This is a platted easement, so the vacation of the easement requires approval from Broward County.
• Utility  providers  have  indicated  they do not  have, or they are currently removing utilities  in  this easement area.
• This vacation property serves, and is entirely located within a City-owned parcel.
• The Development Review Committee reviewed and approved this easement with its site development plan review.

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.

City Commission adopt a resolution to approve the vacation of the portion of the utility easement that runs through the center of the site at 250 NE 56 Court to enable construction of the new North Andrews Gardens Recreation Center.