File #: ORD 2020-005    Name: Chick-Fil-A Vacation of FPL Easement
Type: Ordinance Status: Passed
File created: 1/13/2020 In control: City Commission
On agenda: 2/27/2020 Final action: 2/27/2020
Title: AN ORDINANCE VACATING, RELEASING, AND ABANDONING A FLORIDA POWER & LIGHT (FPL) UTILITY EASEMENT FOR THE PROJECT KNOWN AS CHICK-FIL-A LOCATED AT 4670 NORTH STATE ROAD 7 WITH SAID EASEMENT LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO. (QUASI-JUDICIAL)(SECOND PUBLIC HEARING)
Indexes: Ordinance, Planning and Zoning, Public Hearing, Quasi Judicial, SUSTAINABLE DEVELOPMENT, Vacation of Easement, Village Shoppes of Coconut Creek Investments LLC
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 2020-005-Chick-Fil-A FPL Easement Vacation, 2. EXHIBIT A-Legal Description-Chick-Fil-A FPL Easement Vacation, 3. BACKUP-Aerial photo-Chick-Fil-A FPL Easement Vacation, 4. BACKUP-Chick-Fil-A FPL Easement Vacation, 5. BACKUP-Applicant Presentation-Chick-Fil-A FPL Easement Vacation, 6. MINUTES-2020-0108 P&Z Mtg
Related files: ORD 2020-006, ORD 2019-016, ORD 2019-017, RES 2019-162
AGENDA ITEM REPORT
TITLE:

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AN ORDINANCE VACATING, RELEASING, AND ABANDONING A FLORIDA POWER & LIGHT (FPL) UTILITY EASEMENT FOR THE PROJECT KNOWN AS CHICK-FIL-A LOCATED AT 4670 NORTH 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 February 13, 2020, City Commission Meeting.

The applicant, Bill Pfeffer, Bowman Consulting, on behalf of the owner, Village Shoppes of Coconut Creek, LLC, is seeking approval for the vacation of a portion of a 12' utility easement (FPL) in Tract B of the Alexander-Young Plat located at 4670 North State Road 7.
On July 11, 2019, the City Commission approved a site plan application for the development of a Chick-Fil-A restaurant with dual drive-thru within the Village Shoppes of Coconut Creek shopping plaza located at 4670 North State Road 7. During preliminary permit review, a utility easement (FPL) was discovered where a portion of the building is proposed to be constructed.
DISCUSSION:
In response to staff comments, the applicant has submitted this vacation of easement application, which is required prior to the issuance of a building permit. A new utility easement may be recorded over new or relocated FPL service to the restaurant as applicable. Once approved, the vacated easement will ensure no future utility conflict in this area.
As required, the applicant has provided a letter of no objection from FPL.
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. Two-hundred and eighty seven (287) notices were mailed by the City on December 24, 2019, and January 30, 2020, respectively.
A notice of vacation of easement public hearing sign was also posted on the property 14 days prior to the Planning and ...

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