File #: ORD 2020-036    Name: Lyons Exchange 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 UTILITY EASEMENT FOR THE PROJECT KNOWN AS LYONS EXCHANGE CENTER GENERALLY LOCATED AT 6301 LYONS ROAD 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 2020-036-Lyons Exchange Center-Easement Vacation, 2. EXHIBIT A-Legal Description-Lyons Exchange Center-Easement Vacation, 3. BACKUP-Aerial Photo-Lyons Exchange Center-Easement Vacation, 4. BACKUP-Easement Documents-Lyons Exchange Center-Easement Vacation, 5. BACKUP-Applicant Presentation-Lyons Exchange Center-Easement Vacation
Related files: RES 2019-163

AGENDA ITEM REPORT

TITLE:

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AN ORDINANCE VACATING, RELEASING, AND ABANDONING A UTILITY EASEMENT FOR THE PROJECT KNOWN AS LYONS EXCHANGE CENTER GENERALLY LOCATED AT 6301 LYONS ROAD 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, Marla Neufeld, Greenspoon Marder, on behalf of the owner, Mark Pierski, FR Lyons Road & Food For The Poor, Inc., is seeking approval for the vacation of a portion of a 12-foot wide utility easement on Parcel “GB-1,” of the Springs-McKenzie Plat, located at 6301 Lyons Road.

DISCUSSION: .b

On July 11, 2019, the City of Coconut Creek City Commission approved a site plan application for construction of the Lyons Exchange Center, which included a new access onto Lyons Road, south of the existing platted opening, as an alternate means of access for large truck traffic. While the facility is currently under construction and nearing completion, the new access requires a turn lane per Broward County Engineering requirements, for which the applicant has secured the required permits.

As currently requested, the applicant is seeking approval to vacate a portion of a 12-foot wide utility easement on Tract “GB-1,” running adjacent to Lyons Road, of the Springs-McKenzie Plat to provide the required space for the turn lane. A new easement will then be provided adjacent to the new turn lane to maintain the north / south utility easement connection along the road. New utilities and applicable easements will be provided consistent with City Engineering Department and other affected utility requirements. As required, the applicant has provided a letter of no objection from the City of Coconut Creek and other utility service providers.

 

PUBLIC INVOVLEMENT: .body

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.  186 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 Commission meetings.  To date, staff has received one public inquiry 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