08-97 ORDINANCE NO. 8-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.2,
"NOTICE REQUIREMENTS", AND SECTION 2.4.6(O),
"ABANDONMENT OF RIGHTS-OF-WAY", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
TO REVISE THE PROCEDURE BY WHICH PUBLIC
RIGHTS-OF-WAY MAY BE ABANDONED; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at a public hearing on
January 27, 1997, and has forwarded the change with a recommendation
of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1o That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.2, "Notice
Requirements", Subsection 2.4.2(B), Public Hearing Requirements ,
subparagraph 2.4.2(B) (1), Notice , of the Land Development-
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new sub-subparagraph 2.4.2(B) (1) (i),
"Right-of-Way Abandonments", to read as follows, and providing for the
alphabetical relettering of the remainder of the subparagraph:
(1) Notice: All public hearings shall be noticed through
letters to property owners, legal advertisements, or display
advertisements as set forth below:
(i) Riqht-of-Wa¥ Abandonments: The City shall notify
all abuttinq property owners by certified mail.
Said notice shall be mailed no later than twenty
(20) calendar days prior to the public hearinq
before the Planninq and Zoninq Board. The notice
shall describe the property to be abandoned and
shall qenerally describe the obliqations that will
accrue to the property owners if the abandonment
is approved. The City shall also provide notice
of the public hearinq before the Planninq and
Zoninq Board to the owners of all property located
within five hundred feet (500'7 of the perimeter
of the property which is to be abandoned. Said
notice shall be mailed no later than ten (107
calendar days prior to the public hearinq before
the Planninq and Zoninq Board. In addition, a
public notice shall be published in the leqal
section of a newspaper and shall appear no later
than ten (107 calendar days prior to said public
hearinq before the Planninq and Zoninq Board.
(J7 ~y Other Public Hearings: All other public hearings
required in the implementation or amendment of
these Land Development Regulations shall be
advertised in the legal section of a newspaper at
least ten (10) days prior to the hearing.
(k) ~y concurrent Notice: When it is necessary to
provide a letter notice of a public hearing for
multiple hearings before one or more bodies, said
notice may be combined within a single letter.
(17 fRY Form of Notice: Any notice for a public hearing,
whether advertisement or letter, shall, at a
minimum, contain the following:
* Date of the public hearing
* Purpose of the public hearing
* Location of the property which is the subject
of the hearing
* Identification of the location of information
about the subject of the public hearing
(m) ~IY Newspaper Preference: There is no legislative
preference pertaining to the publication of
required notices provided that the newspaper is
published at least five days per week.
(n) ~Y Establishment of Mailing List: Whenever notice is
to be provided by a letter, the owners of property
to be notified shall be considered to be those
recorded on the latest official county tax roll.
A list of such owners along with their mailing
- 2 - Ord. No. 8-97
addresses shall be provided as a part of the
development application and shall be accompanied
by an affidavit stating that to the best of the
applicant's knowledge, the list is complete and
accurate. The list shall be accompanied by a
drawing showing all property lying within five
hundred feet (500') of the property under
consideration, and mailing labels that would
include the property owners name and mailing
addresses.
(o) ~y Change in Project: During the course of
processing, a development request which requires
public hearing notice may be changed by the
applicant without requiring renotice, provided
that:
* The change is not to a new zoning designation
which is deemed as to accommodate more
intensive use; or
* The change does not allow the introduction of
a new type of use or another use which, in
and of itself, is subject to a public
hearing.
Section 2. That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.6, "Procedures for
Obtaining Permits and Approvals", Subsection 2.4.6(0), "Abandonment of.
Rights-of-Way", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(0) Abandonment of Rights-of-Way:
(1) Rule: Public right-of-way may be abandoned
(returned) to the fee description of adjacent property to the same
degree in which it was originally obtained i.e. property dedicated
exclusively from a single parcel shall be returned to that parcel;
property dedicated through subdivision shall be divided at the center
line and returned equally to abutting parcels. Abandonment of
right-of-way may be granted by a formal resolution enacted by the City
Commission.
(2) Required Information:
(a) An application form as promulgated by the
City Engineer.
- 3 - Ord. No. 8-97
(b) A survey of the property which is to be
abandoned with said survey showing all
improvements (including utility locations)
which are within or immediately adjacent to
the property to be abandoned; and including
adjacent property lines and identification of
property owners and business located thereon.
(c) A mailinq list containinq the information
described in Section 2.4.2(B)(1)(m).
the following procedures shall be followed under the direction of the
City Engineer:
(a) Certification that the submittal is complete
and accurate;
(b) Distribution of the application and survey to
all utilities who have or may have facilities
within the right-of-way or adjacent to it;
(c) Distribution to appropriate City departments
who may have an interest in the property
Fire Department, Police Department, Parks and
Recreation Department;
(d) Notification2.4.2(B) (1)(i). pursuant to Section
-4- Ord. No. 8-97
(e) ~y Upon receipt of all review comments, the
application with the recommendation of the
City Engineer shall be forwarded ~//~
~~/~/~%~/~ for review at an
advertised public hearinq before the Planninq
and Zoninq Board. The recommendation of the
Planninq and Zoninq Board shall be forwarded
to the City Commission; ~/~~6~~/~
(f) If approved, the abandonment shall be
evidenced by a resolution of the City
Commission. After adoption, the resolution
shall be recorded in the public records of
Palm Beach County. Where deemed necessary by
the City Enqineer, an abandonment shall be
consummated through the filing of a boundary
plat, or replat, of the property to be
abandoned and the receiving properties.
(4) Conditions: Conditions may be imposed upon an
abandonment to:
(a) Insure timely consummation;
(b) Insure compliance with required findings;
(c) Require enhancement of the (to be) former
right-of-way in order to accomplish certain'
objectives and policies of the Comprehensive
Plan e.g., street beautification;
(d) Require replacement easements and/or
relocation of existing utilities, as may be
appropriate;
(e) Cause reversion or voiding of the abandonment
in the event of a failure to comply with
other conditions.
(5) Findings: Prior to granting an abandonment the
City Commission must make the following findings:
(a) That there is not, nor will there be, a need
for the use of the right-of-way for any
public purpose (Policy A-6.3 of the ~ff~
Transportation Element);
- 5 - Ord. No. 8-97
(b) That the abandonment does not, nor will not,
prevent access to a lot of record;
(c) That the abandonment will not result in
detriment for the provision of access and/or
of utility services to adjacent properties or
the general area.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
February _ , 1997
reading on this the 18th day of
ATTEST:
' JCity Clerk
First Reading February 4, 1997
Second Reading February 18, 1997
- 6 - Ord. No. 8-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~I
SUBJECT: AGENDA ITEM # /~)G- REGULAR MEETING OF FEBRUARY 18, 1997
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 8-97
(PROCEDURES FOR RIGHT-OF-WAY ABANDONMENTS)
DATE: FEBRUARY 13, 1997
This is second reading and public hearing for Ordinance No. 8-97
which amends administrative provisions of the Land Development
Regulations with respect to the procedure by which public
rights-of-way may be abandoned. The specifics are outlined in the
attached staff report.
The Planning and Zoning Board considered the amendments at a
public hearing on January 27, 1997, and voted unanimously to
recommend approval as proposed. At first reading on February 4,
1997, the Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 8-97 on second and final
reading.
ref:agmemol2
TO: DAVID T. HARDEN, CITY MANAGER -
SUBJECT: MEETING OF FEBRUARY 4, 1997
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS,
SECTIONS 2.4.2(B) and 2.4.6(O), REVISING THE PROCEDURES FOR
PROCESSING ABANDONMENT OF RIGHTS-OF-WAY
The action requested of the City Commission is that of approving amendments to
Sections 2.4.2(B) and 2.4.6(0) of the Land Development Regulations, revising
the procedure by which public rights-of-way may be abandoned.
Abandonment of surplus right-of-way conveys benefits on both the abutting property
owners and the public. The land owners gain full use and control of the property. The
public gains benefits in that the property abandoned is returned to the tax rol~s, and the
City is no longer responsible for maintenance.
/he current abandonment procedure requires that all property owners abutting the
ri§hr-of-way must execute the request for abandonment. City Commission approval is
in the form of a resolution, consummated by a replat of the properties involved. This
procedure can be costly and time-consuming for private petitioners, and does not lend
itself to publicly initiated abandonments, or requests involving longer sections of right-
of-way in developed areas, such as an entire block of unimproved alley.
The procedure for right-of-way abandonment should be streamlined and simplified
through the following:
· Replacing the requirement for abutting property owners to join in the application
with a requirement for notification of those property owners by certified mail.
· Addition of a public hearing before the Planning and Zoning Board.
· The ability to consummate the abandonment by recording the adopted City
Commission resolution.
City Commission Documentation
Amendment to the LDRs, Sections 2.4.2(B) & 2.4.6(O), Revising
the Procedures for Processing Abandonment of Rights-of-way
Page 2
The proposed amendments to the Land Development Regulations are attached to this
report.
On January 27, 1997, the Planning and Zoning Board held a public hearing on the
proposed amendments. There was no public testimony regarding the item. The Board
expressed some concern regarding the length of the notification period to abutting
property owners (10 days prior to the P & Z Board hearing). After discussion the Board
voted 7-0 to recommend that the City Commission approve the amendments as
proposed. Staff has since revisited the notification requirement, and agrees that since
an abandonment involves an assumption of certain obligations by abutting property
owners, a longer notification period is appropriate. The amendment has been revised
to require that notices be sent by certified mail 20 days prior to the P & Z hearing.
By motion, approve on first reading the amendments to Sections 2.4.2(B) and 2.4.6 (O)
of the Land Development Regulations, as contained in the attached staff report.
Attachment:
· Proposed amendments
S:\adv\ROW6
January 29, 1997
PROPOSED LDR AMENDMENTS REGARDING THE RIGHT-OF-WAY
ABANDONMENT PROCEDURE
Section 2.4.2 Notice Requirements: The City Commission, the Planning and
Zoning Board, and other Boards which are involved with the implementation of
these Land Development Regulations shall conduct meetings and shall provide
public notice of their tentative actions pursuant to this Section.
(B) Public Hearing Rea. uirements: The following notice requirements
and hearing procedures shall be complied with whenever an action before a
Board requires consideration at a public hearing. These requirements are in
addition to any requirements for public hearing notice which are otherwise
required by State Law or City Commission procedures.
(1) Notice: All public hearings shall be noticed through letters
to property owners, legal advertisements, or display advertisements as set forth
below.
[Add the following section:]
(i) Rkjht-of-Way Abandonments: The City shall notify.
all abutting property owners by certified mail. Said
notice shall be mailed no later than twenty (.20)
calendar days prior to the public hearing before the
Planning and Zoning Board. The notice shall
describe the property to be abandoned and shall
generally describe the obligations that will accrue to
the property owners if the abandonment is approved.
The City shall also provide notice of the public
hearing before the Planning and Zoning Board to the
owners of all property located within five hundred feet
(500') of the perimeter of the property which is to be
abandoned. Said notice shall be mailed no later than
ten (10) calendar days prior to the public hearing
before the Planning and Zoning Board. In addition, a
public notice shall be published in the legal section of
a newspaper and shall appear no later than ten (10)
calendar days prior to said public hearing before the
Planning and Zoning Board.
Other Public Hearings: All other public hearings
required in the implementation or amendment of
these Land Development Regulations shall be
advertised in the legal section of a newspaper at least
ten (10) days prior to the hearing.
L~ (J) Concurrent Notice: When it is necessary to provide
a letter notice of a public hearing for multiple hearings
before one or more bodies, said notice may be
combined within a single letter.
Q) (-k-) Form of Notice: Any notice for a public hearing,
whether advertisement or letter, shall, at a minimum,
contain the following:
* Date of the public hearing
* Purpose of the public hearing
* Location of the property which is the subject of
the hearing
* Identification of the location of information
about the subject of the public hearing
(m)(-I-) News.oaper Preference: There is no legislative
preference pertaining to the publication of required
notices provided that the newspaper is published at
least five days per week.
(n) (re)Establishment of Mailing List: Whenever notice is
to be provided by a letter, the owners of property to
be notified shall be considered to be those recorded
on the latest official county tax roll. A list of such
owners along with their mailing addresses shall be
provided as a part of the development application and
shall be accompanied by an affidavit stating that to
the best of the applicant's knowledge, the list is
complete and accurate. The list shall be
accompanied by a drawing showing all property lying
within five hundred feet (500') of the property under
consideration, and mailing labels that would include
the property owners name and mailing addresses.
/,.Q) (.".) Change in Pro_iect: During the course of processing,
a development request, which requires public hearing
notice, may be changed by the applicant without
requiring renotice, provided that:
-2-
* The change is not to a new zoning designation
which is deemed as to accommodate more
intensive use; or
* The change does not allow the introduction of
a new type of use or another use which, in and
of itself, is subject to a public hearing.
Section 2.4.6
(O) Abandonment of Rights-of-Way:
(1) Rule: Public right-of-way may be abandoned (returned) to the fee
description of adjacent property to the same degree in which it was originally
obtained i.e. property dedicated exclusively from a single parcel shall be returned
to that parcel; property dedicated through subdivision shall be divided at the
center line and returned equally to abutting parcels. Abandonment of right-of-
way may be granted by a formal resolution enacted by the City Commission.
(2) Required Information:
(a) An application form as promulgated by the City Engineer
(b) A survey of the property which is to be abandoned with said
survey showing all improvements (including utility locations)
which are within or immediately adjacent to the property to
be abandoned; and including adjacent property lines and
identification of property owners and business located
thereon.
(c) A mailing list containing the information described in Section
2.4.2(B)(1)(m).
/d>) .~, ,,m;,~,,,, ,,:,,.,,,,~ ~,, .~, ......... ....v. *. ,,~..**:... ....... m, that th y
t.,,..,.,,.,v,, ,.,,~,,,,..,,,, w~ ,.,,,, ,,~ ,,., ,,.,,,.~ ,,,, ,,, ,, ,~ t.,, ¥1,,,,.., ,,] e
r~..C
to tha abandcnmant
.... ~ ...... , .....
comments can be
-3-
(3) Procedure: Upon receipt of the above information, the following
procedures shall be followed under the direction of the City Engineer:
(a) Certification that the submittal is complete and accurate;
(b) Distribution of the application and survey to all utilities who
have or may have facilities within the easement or adjacent
to it;
(c) Distribution to appropriate City departments who may have
an interest in the property e.g. Fire Department, Police
Department, Parks and Recreation Department;
d/._d_) Notification pursuant to Section 2.4.2 (B)(1)(i).
(e)/~,..., Upon receipt of all review comments, the application with the
recommendation of the City Engineer shall be forwarded to
public hearing before the Planning and Zoning Board. The
recommendation of the Planning and Zoning Board shall be
forwarded to the City Commission: =nd r:ccmm=nd:t!cn tc
If approved, the abandonment shall be evidenced by a
resolution of the City Commission. After adoption, the
resolution shall be recorded in the public records of Palm
Beach County. Where deemed necessary by the City
Engineer. an abandonment shall be consummated through
the filing of a boundary plat, or replat, of the property to be
abandoned and the receiving properties.
(4) Conditions: Conditions may be imposed upon an abandonment
to:
(a) Insure timely consummation;
(b) Insure compliance with required findings
(c) Require enhancement of the (to be) former right-of-way in
order to accomplish certain objectives and policies of the
Comprehensive Plan e.g., street beautification
(d) Require replacement easements and/or relocation of
existing utilities, as may be appropriate
-4-
(e) Cause reversion or voiding of the abandonment in the event
of a failure to comply with other conditions
(5) Findings: Prior to granting an abandonment the City Commission
must make the following findings:
(a) That there is not, nor will there be, a need for the use of the
right-of-way for any public purpose (Policy A-6.3 of the
Tr~,Wi,',c Transportation Element)
(b) That the abandonment does not, nor will not, prevent access
to a lot of record
(c) That the abandonment will not result in detriment for the
provision of access and/or of utility services to adjacent
properties or the general area
S:\adv\ROW4
-5-
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DISTRi~=~ SET~Ebe ~ULISHI~ I
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~AT~ ~u AN e.
' c~F~CTiVE
~CVf~ TH~ ~ELRAy B~ OF
"AN OROINANCE OF THE CITY COM..
~MISSION OF THE CITY OF DELRAY
~'BEACH, FLORIDA, AMENDING SEC,
mi'ION 2.~3(E), 'TRAFFIC STATE.
~f~ENTS AND STUDIES', SECTION
-'~.4.6(K), 'ACCEPTANCE OF TRAF.
a'FIC STATEMENTS AND STUDIES~,
'~XTERNAL AGENCIES AND CITI.
ZEN GROUP~, SUBSECTION
2~.2(C1¢2! Cd(, q~ALM BEACH
TY TRAFFIC OlVISOhe, OF THE
LAND OEVELOPMENT REGULA-
TIONS OF THE CiTY OF OELRAY
BEACH, TO BE CON$1ST~'T WITH
THE REQUIREMENTS OF THE
ADOPTED PALM BEACH COUNTY
TRAFFIC PERFORMANCE STAN.
DARDS ORDINANCE RELATING TO
TRAFFIC STATEMENTS AND STUD-
IES; PROVIDING A GENERAL RE-
~'EALER CLA($SE, A SAVING
CLAUSE. AND AN EFFECTIVE
DATE.
AN ORDINANCE OF THE CITY
M~SSION OF THE OTY OF DELRAY
BEACN, FLO~ID~ A~ENDING
PROVISIONS DF THE CODE OF OR.
DINANCES AND LAND DEVELOP*
61ENT REGULATIONS OF THE CITY
OF DELRAY BEACH PERTAeN[N$
TO WATER AND S£W£R FEES,
CLUDING SECTION ~, 'OTHER
FEES', OF THE CODE OF ONDJ-
N~NCE$ TO PROVIDE FOR THE
DELETioN OF THE PROJECT PLAN
REVIEW FEE, TO PROVIDE FOR A
~ECREASE ~N THE PROJECT In-
SPECTION FEE; TO PROVIDE FOR
RE~.ETTERING THE SECTION;
AMENDCNG $[JB-SECTION
~FEES~, DF THE LAND DEVELOP.
MENT REGULATIONS TO PROV~OE
FOR THE DELETION OF THE WA-
TER SYSTEM IMPACT FEE;
LETING SECTION S~3(GL °I~PACT
FEE REGOIREO' DF TNE LAND
DEVELOPMENT REGULATEONS;
PROVIDING REFERENCES TO
CITY (:ODE OF ONDINANCES FOR
WATER SYSTEM CONNECTION
FEES, METER ~NSTALLATION
FEES AND SEWER SYSTEM CON.
NECTION FEES; PROVIDING A
GENERAL REPEALER CLAUSE; A
SAVING CLAUSE. AND AN EFFEC.
T~VE DATE,
Please ~e advi~ II~t H a persm ae-
c/des lo a~t~ea/ ~ ~iecisi"~ made ~y
me City C~mmis~an wiflt reMcs to
pe~4x~ may nevi lQ esl~me I'Mt a v~'-
bafim rec~*d incluMs fl~e testimony
and eYiMece u~n w~ic~ Itc ageeal is
m' we suc~4 recercL Pursuant to
F.S. 2111~lOS.
CITY OF OELRAY BEACH
AliSOn MacGregor
F~MIs~: Fe~ 1,
Ad FZ927/g