THE PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION/REAL PROPERTY SECTION RECOMMENDS APPROVAL OF THE ABOVE MOTION.
The two platted park parcels to be vacated, identified as Park Parcel E and Park Parcel W measuring approximately 1,950 square feet and 2,383 square feet respectively lying over and across Park Parcels E and W of the Oakland Park Station Plat, as recorded in Plat Book 177, Page 159 of the Public Records of Broward County and are located at 1201 NE 38 Street in the City of Oakland Park, in Section 23, Township 49 South, Range 42 East. The folio numbers affected by the proposed vacation are 4942-23-41-0010 and 4942-23-41-0030.
In 2008, Park Parcels E and W were dedicated to the City of Oakland Park via plat as part of the approval for a planned residential high-rise development. At the time, there was a 190,000 square-foot industrial building with a large paved parking lot on the site. The proposed plan called for the demolition of the industrial building, development of a 223-unit high rise and 90 townhouse units. As part of the plat approval, the City of Oakland Park requested Parcels E and W be dedicated as parks and the developer agreed to create two urban pedestrian gathering plazas (it should be noted that Park Parcel E is situated in the parking lot and Park Parcel W is sited within the industrial building itself). However, this large residential development plan was never realized.
Since then, the property was sold to the current Petitioners who are seeking to utilize the existing industrial building as mixed retail, restaurant and warehouse use. The Petitioners submitted a vacation application to the City of Oakland Park to vacate Park Parcels E and W as they are located within the building and parking lot area and are of no public use. The City of Oakland Park approved this vacation by adopting Resolution No. R-2012-153 on November 7, 2012. The property owner deeded 7,424 square feet of land in front of the existing building to the City of Oakland Park for a public plaza for the City's Downtown Local Activity Center in consideration for vacating the subject park parcels.
Vacation of the subject platted park parcels cited above will provide clear unencumbered title to the affected areas of land to the property owners Mya Properties, LLC and Oakland Station, LLC.
The City of Oakland Park approved this vacation by adopting Resolution No. R-2012-153 on November 7, 2012.
Petitioner published a Notice of Intent to vacate on September 16 and 23, 2013.
The vacation application and fee were received and the fee was deposited by the County's Real Property Section on November 13, 2013.
Review of this application by County Attorney's Office, applicable County agencies, and utility companies was completed on May 14, 2014. No reviewing agency has indicated that the two park parcels to be vacated are currently used, nor are there plans for future use. Initial objection by the Broward County Parks and Recreation Division was lifted upon reconsideration of the fact that the Petitioner has deeded 7,424 square feet of land in front of the existing building to the City of Oakland Park for a public plaza for the City's Downtown Local Activity Center. No further objections to this vacation were raised by any of the reviewing agencies.
The Board of County Commissioners approved the Resolution Authorizing Public Hearing on June 10, 2014. Item No.16.
The County published a Notice of Public Hearing and Intent to Consider Vacation and Abandonment on June 11, 2014.
Sources of additional information: Purvi A. Bhogaita, Director, Real Property Section, (954) 357-7333; Scott Campbell, Director, Facilities Management Division, (954) 357-5590; Thomas J. Hutka, P.E., Director, Public Works Department, (954) 357-6410. |