File #: ORD 2020-037    Name: Residence Inn Vacation of Easement
Type: Ordinance Status: Passed
File created: 10/14/2020 In control: City Commission
On agenda: 12/3/2020 Final action: 12/3/2020
Title: AN ORDINANCE VACATING, RELEASING, AND ABANDONING A WATER EASEMENT FOR THE PROJECT KNOWN AS RESIDENCE INN GENERALLY LOCATED AT 5730 STATE ROAD 7 WITH SAID EASEMENT LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO. (QUASI-JUDICIAL) (SECOND PUBLIC HEARING)
Indexes: Ordinance, SUSTAINABLE DEVELOPMENT, Vacation of Easement
Code sections: 13-36.1 - Vacation and Abandonment of Streets and Easements, 13-36.2 - Procedures for acceptance or conveyance/vacation/abandonment of specific purpose easements
Attachments: 1. ORDINANCE 2020-037-Residence Inn Vacation of Easement, 2. EXHIBIT A-Legal Description-Residence Inn Easement Vacation, 3. BACKUP-Aerial Photo-Residence Inn Vacation of Easement, 4. BACKUP-Easement Documents-Residence Inn Vacation of Easement, 5. BACKUP-Resolution 2016-189, 6. BACKUP-Applicant Presentation-Residence Inn Vacation of Easement
Related files: RES 2016-189

AGENDA ITEM REPORT

TITLE:

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AN ORDINANCE VACATING, RELEASING, AND ABANDONING A WATER EASEMENT FOR THE PROJECT KNOWN AS RESIDENCE INN GENERALLY LOCATED  AT 5730 STATE ROAD 7 WITH SAID EASEMENT LEGALLY DESCRIBED IN EXHIBIT “A,” ATTACHED HERETO.  (QUASI-JUDICIAL) (SECOND PUBLIC HEARING)                                          

 

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BACKGROUND:

This item was approved on First Reading at the November 12, 2020, City Commission Meeting.

The applicant/agent, Jane Storms, Pulice Land Surveyors, Inc., on behalf of the owner, CC Drainage POA. Inc., is seeking approval for the vacation of a portion of a 12-foot utility easement (water) within a portion of Parcel “A,” of the Grove Parc Plat, located at 5730 State Road 7.

The subject property is part of the Grove Parc Planned Commerce District (PCD), which includes the Hampton Inn Hotel, American Top Team Mixed Martial Arts facility (ATT) and the Residence Inn by Marriott.  On July 9, 2014, the Planning and Zoning Board approved a site plan application for the development of ATT within the PCD, which included a water service line connection. Although the Hampton Inn was approved on July 11, 2012, and thus existing at the time, the need for water service and easement dedication was proposed during site plan review for the ATT facility.

 

DISCUSSION:

On August 11, 2016, the City of Coconut Creek City Commission accepted a 12-foot waterline easement by Resolution 2016-189. Since then, the Residence Inn by Marriott was developed on the final vacant parcel within the PCD, and new water service lines have been provided as required, and thus a portion of the previously dedicated easement is no longer needed.

In response to a request from City engineering staff, the applicant has submitted this vacation of easement application. The existing water line that ran through this portion of the easement has been abandoned and a new easement is required to serve the development. Once approved, the vacation of this easement will ensure no future utility conflicts within the site.  As required, the applicant has provided a letter of no objection from the City of Coconut Creek, as well as other utility agencies.

 

PUBLIC INVOLVEMENT:

Per Section 13-36.2, property owners within 500 feet of the subject property were notified by mail of the vacation of easement request and invited to attend the attend the Planning and Zoning Board and City Commission meetings. 166 notices were mailed by the City on September 30, 2020, and October 29, 2020, respectively.  A notice of vacation of easement public hearing sign was also posted on the property 14 days prior to the Planning and Zoning Board and City Commission meetings.  To date, staff has not received any public inquiries related to the project.

 

RECOMMENDATION:

The Planning and Zoning Board, at its October 14, 2020, meeting, recommended approval of this application.

FISCAL IMPACT:  N/A