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BOOK C. Release of Easement - 8525 SR -60 - Andrew A. Edmonds The Board reviewed a Memorandum of June 9, 1995: TO: James Chandler County Administrator HEAD Community Develajpmen rector FROM: Roland M. DeBlois;'AICP Chief, Environmental Planning DATE: June 9, 1995 95 FADE 451 SUBJECT: RELEASE OF EASEMENT REQUEST: Andrew A. Edmonds C/O Wi-lliam J. Stewart, -Esq.; Marginal Access Easement - 8525 S.R. 60 (Year Round Garden Center; Appl. Req.# 94110153-001) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 20, 1995. DESCRIPTION APD CONDITIONS: The County has been petitioned by Andrew W. Edmonds, owner of the subject property, for the release of a marginal access easement located on the northerly portion of the property. It is the petitioner's intent to remove this encumbrance to better utilize the property for future development. The subject property is located at 8525 S.R. 60 (Year Round Garden Center). The current zoning classification of the subject property is CG, General Commercial District; the Future Land Use Designation is Commercial/Industrial. The eastern 25 feet of the marginal access easement contains a paved driveway jointly used for business access by Year Round Garden Center and Indian River Furniture (to the east). ALTERNATIVES AND ANALYSIS: The request has been reviewed by Southern Bell Telephone Company; Florid% Power & Light; T.C.I. Cable Corporation; County Utilities; County Road & Bridge; and the County Engineering Division. Based upon their reviews, it is staff's position that the easement release would have no adverse impact to utilities being supplied to the property. The subject marginal access easement was established to satisfy previous county land development regulations (LDRs) which required such easements to facilitate driveway interconnections between commercial uses. Recently, however, the county attorney's office has indicated that there are legal concerns with requiring these easements without -compensation. Subsequently, marginal access easement requirements have been removed from County LDRs, although a requirement for a physical parcel interconnection remains in the County Code. The eastern 25 feet of the subject easement contains a physical parcel interconnection (driveway) used by commercial property to the east (Indian River Furniture). Since this site has a physical traffic connection with the property to the east, and an easement is no longer required under the County Code, planning staff has no objection to county release of the easement, except and less that portion (the eastern 25 feet) containing access improvements for the commercial property to the east. Staff recommends that the Board, through the adoption of the attached resolution, release the marginal access easement existing on the north 40 feet of the subject property, except and less the eastern 25 feet (as described in the attached resolution). 4 June 20, 1995