Title
Realignment of NE 12th Avenue in Relation to File #050591 (B)
This item involves a Public Works Committee referral regarding Wal-Mart's proposal to realign a portion of NE 12th Avenue from the east right-of-way line of Waldo Road (State Road 24) to the west line of the Cedar Grove Subdivision.
Explanation
On January 26, 2006, this item was discussed at the Public Works Committee meeting; however, no action was taken due to lack of quorum. The Commissioner present requested this item be forwarded to the City Commission.
On January 26, 2006, the Public Works Committee received an update from staff, regarding Legislative #050591, Request to Refer the Realignment of NE 12th Avenue to the Public Works Committee. At that time, staff provided a report of findings based on staff's review of the Wal-Mart proposal, which is that the City consider a relocation of NE 12th Avenue at the entrance to the Cedar Grove neighborhood. The property owned by Wal-Mart has an existing zoning and land-use so as to not require the submittal of plans to the City Commission; however, the proposal for the relocation of NE 12th Avenue requires a separate process. Staff recommended that Wal-Mart file a Street Vacation petition that will include a future effective date for the vacation and a reversionary clause so that if the development is not complete within a specified timeframe, the right-of-way will revert to the City. Additionally, to be supported under the terms of the Code and the law, the Street Vacation will need to provide stipulations for the new roadway to be submitted before the vacation of the existing roadway can be completed, retaining a temporary ingress/egress easement allowing residents access to their neighborhoods and a temporary utility easement over the existing NE 12th Avenue until the new NE 12th Avenue is completed. Street Vacation is a quasi-judicial process.
Fiscal Note
None
Recommendation
Recommended Motion: The City Commission remove this item from the Public Works Committee active referral list.
Note: This item is being forwarded as the recommendation of one member of the Committee.