TO: Mayor and Commissioners
FROM: Timothy Stilling, Director of Planning, Zoning and Building Department
THROUGH: Donald B. Cooper, City Manager
DATE: September 20, 2016
Title
RESOLUTION NO. 49-16 FOR ABANDONMENT OF A 12-FOOT WIDE WATER EASEMENT FOR THE WAL-MART STORE LOCATED AT 16205 MILITARY TRAIL
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Recommended Action:
Recommendation
Motion to Adopt Resolution No. 49-16; to abandon a 12-foot wide water easement dedicated via the ORB 23124, Page 741, of the Public Records of Palm Beach County, Florida, located at 16205 Military Trail (Wal-Mart), finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.6(N)(5), Abandonment of Public Easements.
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BACKGROUND
The proposed abandonment consists of a portion of a 12-foot wide water easement for the Wal-Mart store at 16205 South Military Trail.
The subject property consists of Parcel “A” of the Wal-Mart Center subdivision and contains 11.78 acres. The parcel was annexed into the City of Delray Beach on August 22, 1989 and is zoned PC (Planned Commercial). A site plan was approved by the City Commission at its September 26, 1989 meeting. The approval allowed for the construction of Wal-Mart Discount Store, which consisted of a 114,760 S.F. retail store with garden center, parking, and two out parcels that have been developed as a medical office building and gasoline station (Murphy’s).
Pursuant to LDR Section 2.4.6(N)(5), a finding must be made prior to the City Commission granting an abandonment that the abandonment will not be detrimental to the provision of utility services to adjacent properties or the general area.
The Engineering Division has indicated no opposition to the proposed abandonment of the water easement. It is noted that the easement proposed for abandonment is located in the area of the proposed Wal-Mart Liquor Box that was approved by SPRAB on August 24, 2016. The applicant proposes to relocate the water easement and the associated water main to the parking area south of the Liquor Box.
A positive finding can be made with respect to LDR Section 2.4.6(N)(5).
City Attorney Review:
Approved as to form and legal sufficiency.
Funding Source:
N/A