AGENDA ITEM REPORT
TITLE:
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A RESOLUTION GRANTING A WAIVER FROM THE REQUIREMENTS FOR THE UNDERGROUND PLACEMENT OF UTILITIES FOR THE PROJECT KNOWN AS NORTH BROWARD PREPARATORY SCHOOL LOCATED AT 7600 LYONS ROAD. (QUASI-JUDICIAL) (PUBLIC HEARING)
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BACKGROUND:
In 2005, the City Commission adopted Ordinance 2005-032, requiring the underground placement of all utilities for any new commercial, industrial, or retail development seeking site plan approval or for new residential development of 5 acres or more seeking site plan approval. All utilities, including existing overhead utilities, located within or in public right-of-way adjacent to the site must be installed underground, unless an underground utility waiver is granted by the City Commission.
DISCUSSION:
North Broward Prep School is located at 7600 Lyons Road. The site has existing overhead lines that run along the western boundary of the site, within the Lyons Road right-of-way.
In order to relocate the overhead FPL facilities underground across the schools frontage, the undergrounding must extend north beyond the NBPS property to 7650 Lyons Road, (empty building) at a minimum, and south to 7500 Lyons Road, (single family residence). Due to the electrical configuration of the facilities, undergrounding would likely need to extend north to the Hillsboro Canal, at which point the existing lines go west underneath Lyons Road and south of the NBPS entrance. At both of these locations, platted utility easements do not exist. However, equipment will be needed which requires utility easements, as the equipment will not fit within the existing right-of-way. Based on information currently available, there appears to be no known utility easements in these areas. Relocation would require adjacent property owners to grant easements to the utilities and accept utility equipment on their property. Because the property needed is not owned by NBPS, nor can property owners be forced to accept equipment on their property, the underground relocation appears to be infeasible at this time.
Due to these conditions, the applicant is seeking relief from this requirement in the form of a waiver, as provided for in the adopted ordinance.
RECOMMENDATION:
The Planning and Zoning Board, at its January 14, 2015, meeting, recommended approval of the underground utility waiver application, subject to the following condition:
• That prior to the issuance of a building permit the applicant shall ask the neighboring property owners to the north and south if they are willing to underground the utility lines in conjunction with coordinating with FPL and if not in the alternative the applicant will pay the $304,100 to the Utility Trust Fund.
FISCAL IMPACT:
REVENUES: $ 304,100
EXPENDITURES: $ 0
BUDGETED? N
NOTES Any revenue received from this will be credited to the Utility Underground Fund, Account 35-V36620.