File #: ORD 2020-008    Name: Johnson Technology Park III Vacation of Easement Part 1
Type: Ordinance Status: Passed
File created: 2/18/2020 In control: City Commission
On agenda: 9/10/2020 Final action: 9/10/2020
Title: AN ORDINANCE VACATING, RELEASING, AND ABANDONING A WATER AND WASTEWATER UTILITY EASEMENT FOR THE PROJECT KNOWN AS JOHNSON TECHNOLOGY PARK III LOCATED WITHIN JOHNSON TECHNOLOGY PARK III WITH SAID EASEMENT LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO. (QUASI-JUDICIAL)(SECOND PUBLIC HEARING)
Indexes: Ordinance, Planning and Zoning, Public Hearing, Quasi Judicial, 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 2020-008-Johnson Technology Park III Easement Vacation Part 1, 2. EXHIBIT A-Legal Description-Johnson Technology Park III Easement Vacation-Part 1, 3. BACKUP-Aerial Photo-Johnson Technology Park III Part 1, 4. BACKUP-Easement Documents-Johnson Technology Park III Vacation Part 1, 5. BACKUP-Applicant Presentation-Johnson Technology Park III Vacations, 6. MINUTES-2020-0212 P&Z Mtg
Related files: RES 2020-058, ORD 2020-009

AGENDA ITEM REPORT

TITLE:

title

AN ORDINANCE VACATING, RELEASING, AND ABANDONING A WATER AND WASTEWATER UTILITY EASEMENT FOR THE PROJECT KNOWN AS JOHNSON TECHNOLOGY PARK III LOCATED WITHIN JOHNSON TECHNOLOGY PARK III WITH SAID EASEMENT LEGALLY DESCRIBED IN EXHIBIT “A,” ATTACHED HERETO.  (QUASI-JUDICIAL)(SECOND PUBLIC HEARING)

 

body

BACKGROUND:

 

This item was approved on First Reading at the August 27, 2020, City Commission Meeting.

 

The applicant, Mike Gai, Sun-Tech Engineering, Inc., on behalf of the owner, Elite Aluminum Corporation, is seeking approval for the vacation of a portion of a 15’ utility easement (water/sewer) within the Johnson Road Commerce Park Planned Commerce District (PCD).

 

On May 11, 2016, the Planning and Zoning Board approved a site plan for the construction of FORTS 2, located within the PCD at 5255 Johnson Road, which included preliminary plans for water and sewer service. During construction, utility lines were discovered that had been previously installed during construction of the other referenced facilities, which have since been removed per City engineering requirements. New utility lines have been installed to provide adequate service to FORTS 2, as required, thus making the existing easement unnecessary.

DISCUSSION:

 

Currently, the applicant is proposing the construction of Lyons Technology 3 (FORTS 3), which is in direct conflict with the referenced easement. Since no utilities exist or are planned to be located within the easement as part of the FORTS 3 development, the applicant is currently seeking approval to vacate the referenced easement.  Once approved, the vacated easement will ensure no future utility conflict in this area. New utilities and applicable easements will be provided consistent with City Engineering Department requirements. As required, the applicant has provided a letter of no objection from the City of Coconut Creek.

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 Planning and Zoning Board meeting and the City Commission Meeting.  68 notices were mailed by the City on January 29, 2020, and August 13, 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 February 12, 2020, meeting, recommended approval of this application.

FISCAL IMPACT:  N/A