File #: 2022-5077    Name:
Type: Public Hearing - Sworn Status: Agenda Ready
File created: 7/24/2022 In control: City Council - Regular Session
On agenda: 8/23/2022 Final action:
Title: Public Hearing: Application #PL2021-348 - Vacation of Right-Of-Way, a portion of Right-Of-Way abutting 1100 SW 3rd Street; Schlagel & Associates, applicant.
Sponsors: Planning and Special Projects
Attachments: 1. Staff Memo, 2. PC Minutes, 3. Staff Report, 4. Legal Description and Exhibit, 5. Neighborhood Meeting Summary, 6. Location Map, 7. Staff Presentation
Related files: BILL NO. 22-170

Title

Public Hearing: Application #PL2021-348 - Vacation of Right-Of-Way, a portion of Right-Of-Way abutting 1100 SW 3rd Street; Schlagel & Associates, applicant.

 

Body

Issue/Request:

The applicant requests to vacate the subject right-of-way as part of the redevelopment of the old Pizza Hut site for the new Chipotle restaurant.  The existing driveway located within the right-of-way solely provides shared access to the restaurant sites.  The right-of-way serves no general public purpose and thus can be vacated.  Access to both sites from SW McClendon Dr can be maintained via a private cross-access easement between the two lots.

 

Presenter

Jeffrey T. Skidmore, P.E., Applicant Representative

Josh Johnson, Assistant Director of Plan Services

 

Recommendation

Recommendation: With the conditions of approval below and contained in the staff report, the application meets the requirements of the UDO and the Design & Construction Manual (DCM).

 

1.                     The vacation of right-of-way shall not become effective until such time as a cross-access easement is dedicated over the existing driveway from SW McClendon Dr shared between Lot 1, Pizza Hut Addition and Lot 1, Hardee’s Addition.

2.                     A copy of the recorded cross-access easement shall be provided to the Development Services Department.

 

Committee Recommendation

Committee Recommendation: On a motion by Mr. Kitchens, seconded by Ms. Rader, the Planning Commission unanimously voted on July 28, 2022, to recommend approval of Application #PL2021-348 - Vacation of Right-Of-Way, a portion of Right-Of-Way abutting 1100 SW 3rd Street; Schlagel & Associates, applicant, with the language "which shall be effective in perpetuity" added to Condition 1.