Res 64-00RESOLUTION NO. 64-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING AN UNIMPROVED,
EAST/WEST PORTION OF THE PERIWINKLE LANE RIGHT-OF-WAY
LYING NORTH OF AND ADJACENT TO LOTS 2 AND 4, PLAT OF
FAIRACRE, AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, an application for abandonment of an unimproved east/west portion of the Per/winkle
Lane road right-of-way, as more particularly described herein, was received by the City of Delray Beach; and
WHEREAS, the application for abandonment of a portion of said road right-of-way was processed
pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of
De[ray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as Local
Planning Agency, formally reviewed the matter at a pubhc heating on ju~y 17, 2000, and voted unanimously to
recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(0)(5); and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the
described property is no longer needed for the public good and deems it to be in the best interest of the City of
Delray Beach to vacate and abandon said right-of-way, based upon the findings and recommendauon of the Planning
and Zoning Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, It is hereby
determined by the De[ray Beach City Commission to vacate and abandon all right and interest it holds to the
following real property, more parucularly described as follows:
That portion of Periwinkle Lane lying north of and adjacent to Lots 2 and 4,
FAIRACRE, according to the Plat thereof as recorded in Plat Book 24, Page 53,
Public Records of Palm Beach County, Florida, LESS the East 25.0 feet thereof.
Containing 8,977 square feet, more or less.
PASSED AND ADOPTED in regular ses~n on this the7~ day of Septem]~x, 2000..
MAYOR
ATTEST:
C~ty Clerk/
LO~' ~ LOT J
N.W. ~ 1 TH STREET
CJv 0:' DELRAY 9:'A~-, FL
P~.ANN}NG A~ ZONING
ABANDONMENT
- UNIMPROVED PERIWINKLE LANE -
REFERENCE
MAP
iiAI.
-- D/ell'AL B,,'~SE MAP SVSl'Em --
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
DAVJD/'~T'. HARI~EI~, ~IT~Y MANAGER
ABANDONMENT OF THE EAST-WEST PORTION OF PERIWINKLE LANE
RIGHT-OF-WAY, LYING BETWEEN N.W. 2ND AVENUE (UNIMPROVED)
AND THE NORTH-SOUTH PORTION OF PERIWINKLE LANE.
The request involves abandoning a 40 x 224' rectangular shaped parcel, containing
approximately 8,960 sq. ft. (0.21 acres). The subject parcel represents the majority of the
east-west portion of Periwinkle Lane, on the Fairacre plat (Plat Book 24, Page 53).
The abandonment request was submitted by the owners of Lot 2 (Fairacre plat), who are
entitled to the south 20 feet of the abandonment area, adjacent to their lot. The owners of
Lots 1,3, and 4 will also receive half (20' in width) of the abandonment area, adjacent to their
respective lots (please see Reference Map "B", in the attached staff report).
The subject right-of-way is unimproved, and there are no utilities (municipal water or sewer
lines, Florida Power & Light, Florida Public Utilities, Adelphia Cable, or BellSouth facilities)
located within the proposed abandonment area. No utility easements were requested by
any of the aforementioned utility providers.
Five letters of support of the proposed abandonment, and one letter of opposition, were
received prior to board action.
At its meeting of July 17, 2000, the Planning and Zoning Board considered the request at a
public hearing. Several people (all residents of the immediate neighborhood), spoke in favor
of the proposed abandonment. No one spoke in opposition. After reviewing the staff report
and discussion, the Board voted 5 to 0 to recommend approval, subject to the following
conditions: 1. the fence currently located in the east 25 feet of right-of-way, of the
unimproved east-west portion of Periwinkle Lane, be removed or relocated, and 2. an
updated survey depicting current abandonment area is provided. These conditions have
been satisfied.
RECOMMENDED'AC~TION
By motion, approve the abandonment of right-of-way based upon positive findings with
respect to LDR Section 2.4.6(0)(5).
Attachment:
· Abandonment Resolution
· P & Z Staff Report of July 17, 2000
S:\ P&Z~boards\citycommission\Periwinkle-Aban-CCDoc.doc
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
---STAFF REPORT---
July 17, 2000
IV.E.
Abandonment of the Unimproved, East-West Portion of Periwinkle
Lane (40' x 224.77'), Located on the East Side of N.W. 2nd Avenue,
Approximately 155' North of N.W. 11th Street.
-- ----- < hi E 12TH STREET
~ t. or ~'~ [Or
STREET Z N E. IITH STREET
N W I1TH
GENERAL DATA:
Owner .................................. General Public
Agent/Applicant .................... Douglas & Jan Ayerst
Location ............................... East-West portion of Periwinkle Lane, Located on the east
side of N.W. 2nd Avenue, approximately 155' north of N.W.
11th Street.
Property Size ........................ 0.21 Acre
Existing FLUM Designation.. LD (Low Density Residential, 0-5 units/acre)
Current Zoning ..................... R-l-AA (Single Family Residential)
Adjacent Zonings ........ North: R-l-AA
East: R-l-AA
South: R-l-AA
West: R-l-AA
Existing Land Use ................ Unimproved east-west right-of-way
Proposed Land Use ............. Abandonment of the east-west portion of Periwinkle Lane
(40'x 224.77' ) to be aggregated into adjacent lots.
Water Service ....................... n/a
Sewer Service ...................... n/a
IV.E.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of the east-west portion of the
Periwinkle Lane right-of-way (ROW), lying between N.W. 2nd Avenue
(unimproved) and the north-south portion of Periwinkle Lane.
This right-of-way abandonment is being pr'~)~cessed p~rsuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
BACKGROUND
The subject portion of Periwinkle Lane is located approximately 365 feet west of
North Swinton Avenue, and 155 feet north of, and parallel to N.W. 11th Street.
Periwinkle Lane was dedicated with the recordation of the Plat of Fairacre (Plat
Book 24, Page 53, of the Public Records of Palm Beach County, Florida), in April
of 1953.
Currently the subject ROW is unimproved. A chain-link fence is located on the
west side of the abandonment area. Another chain link fence encroaches slightly
into the abandonment area on the southeast corner. Additionally, wooden
playground equipment/structures are located in the southwest corner of the
abandonment area (see attached survey).
ABANDONMENT DESCRIPTION
The portion of Periwinkle Lane to be abandoned measures 40 feet in width and
224 feet in length, containing 8,960 square feet (0.21 acres). The subject parcel
represents the majority of the east-west portion of Periwinkle Lane, which has not
been improved.
The abandonment request was submitted by Douglas & Jan Ayerst, the owners
of Lot 2.
ABANDONMENT ANALYSIS
Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned
(retumed) to the adjacent property to the same degree in which it was originally
obtained, i.e. property dedicated exclusively from a single parcel shall be
retumed to that parcel; property dedicated through subdivision shall be divided at
the center line and returned equally to abutting parcels.
Planning and Zoning Board Staff Report
Periwinkle Lane Right-of-way Abandonment
Page 2
III
TiSD~LLE
I
"' LOT 1 LOT 3
o
~ ==~= ~------ ~' z
'" 5
c~ lOT 2 10T 4 -
:~ AYERST HILL ,,,
N W 11TH STREET
I
DIVISION OF ABANDONMENT AREA
Accordingly, the applicants, being the fee-simple owners of Lot 2, are entitled to
the south 20 feet of the abandonment area, adjacent to their lot. Nancy Hill, the
fee-simple owner of Lot 4, is entitled to the south 20 feet of the abandonment
area, adjacent to her lot. Lorreta Tisdelle, being the fee-simple owner of Lots 1
& 3, is entitled to entire north half of the subject abandonment area.
Utility Services
No municipal water or sewer lines are currently located in the proposed
abandonment area.
The City's Fire Department has reviewed the request and has no objection to the
abandonment, provided an adequate turnaround area is provided. This item is
further discussed below.
Florida Power & Light, BellSouth, Adelphia Cable and the Florida Public Utilities
Company have also reviewed the requested abandonment, and have no
objections.
Street Confi.quration
Perwinkle Lane, a platted through street, currently functions as a dead-end, as
the east-west portion of the right-of-way is unimproved. The north-south portion
of Periwinkle Lane provides access to four single-family homes. In order to
provide emergency vehicles an adequate turn-around area at the north end of
the improved portion of Perwinkle Lane, the east 25 feet of the unimproved
Planning and Zoning Board Staff Report
Periwinkle Lane Right-of-way Abandonment
Page 3
portion of the existing right-of-way will be maintained. The fence currently
located in this area will have to be removed, or relocated to the property line.
The removal/relocation of said fence will be a condition of approval for this
abandonment.
I
> LOT 1 LOT 3
O
a. 25' 40'
z 25'
04 Z
~ LOT 2 LOT 4
EAST 25 FEET OF UNIMPROVED PORTION OF PERIWINKLE LANE
REQUIRED FINDINGS
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment
being approved, the following findings must be made:
A) That there is not, nor will there be a need for the use of the right-of-way
for any public purpose.
Currently, the right-of-way is unimproved, and there are no plans to improve it
in the future. The City has no plans to utilize this right-of-way for any other
purpose.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
Currently Lots 2 & 4 take primary access from N.W. 11th Street. Lots 1 & 3
are currently developed as one (1) single-family home, and take access from
the improved portion of Periwinkle Lane.
Lots I & 3 are located in the R-l-AA Zone District, which requires a minimum
front footage of 95 feet for a corner lot, and 75 feet for an interior lot. This
requirement can be reduced by up 40% in certain situations. Accordingly, the
Planning and Zoning Board Staff Report
Periwinkle Lane Right-of-way Abandonment
Page 4
25 feet of the unimproved portion of Periwinkle Lane will be maintained as
right-of-way, providing the required frontage for Lot 3. Lot 1 has the required
frontage on N.W. 2nd Avenue (see Reference Map "B").
C) That the abandonment will not result in detriment to the provision of
access and/or utility services to adjacent properties or the general area.
Currently, there are no utility services located in the subject abandonment
area.
[ REViEVV BY OTHERS ]
The development proposal is not within a geographical area requiring review by
the CRA (Community Redevelopment Agency), the HPB (Historic Preservation
Board), or the DDA (Downtown Development Authority).
Courtesy Notices:
Courtesy notices have been provided to the following:
Lake Ida Homeowners Association
PROD - Progressive Residents of Delray
President's Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of objection or support, if any, will be provided at
the Planning and Zoning Board meeting.
[ ASSESSMENT ]
As the subject right-of-way is unimproved and there are no plans for its
improvement, its intended use is limited. The purpose of the abandonment is to
incorporate the vacated area with the parcels to the north and south, which will
improve the overall area. The fence located in the east 25 feet of right-of-way of
the east-west portion of Periwinkle Lane must be removed before this
abandonment can advance to the City Commission for final approval.
Planning and Zoning Board Staff Report
Periwinkle Lane Right-of-way Abandonment
Page 5
ALTERNATIVE ACTIONS ]
Continue with direction.
Recommend to the City Commission approval of the abandonment subject to
positive findings with respect to LDR Section 2.4.6(0)(5).
Recommend to the City Commission denial of the abandonment based upon
a failure to make positive findings with respect to LDR Section 2.4.6(0)(5).
RECOMMENDED ACTION
By motion, recommend to the City Commission approval of the abandonment of
the east-west portion of the Periwinkle Lane right-of-way, lying between N.W. 2nd
Avenue (unimproved) and the north-south portion of Periwinkle Lane, based
upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the
following conditions:
1) Removal of fence currently located in the east 25 feet of right-of-way, of
the unimproved east-west portion of periwinkle Lane, and
2) Provide updated survey depicting current abandonment area.
Attachments:
· Reference Map "A"
· Reference Map "B"
· Reduced Survey
File: S:\Planning&Zoning\P&Z~Periwinkle Lane Abandonment.doc
i
· N.W. 12TH STREET
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~ PERIV~NKLE
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:~ I~1 ,or 2 ,or 4 ~ .
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N.W. 11 TH STREET
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PERIV~NKLE I
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LOT 2 LOT 4 ~
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CiTY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
ABANDONMENT
- UNIMPROVED PERIWINKLE LANE -
REFERENCE
MAP
IIAII
-- D/G/I'AL ~ASE MAP SYSTEM --
N.W. 1 2TH STREET
TISDEI- LE
LOT 1 .~ LOTS
..... ~ ...... ._4.__
124 66' 100' 25'
..... ~- ..... ~___,
YER$ T HILL
LOT 2 LOT 4 cL
N.W. 11 TH STREET
PERIWINKLE LANE ABANDONMENT
EXISTING LAND USE MAP
LEGEND:
SINGLE-FAMILY HOME -
PROPERTY OWNER -
NAME
A YERS T
ABANDONMENT AREA
-- D/Gl[AL BASE MAP SYSfEM --
REFERENCE
MAP
"B"
CITY OF DELRAY BEACH, FL
PLANNING&ZONING DEPARTMENT
25.0' 250
3 o NW Ete~e. tb st.
De~ra~ Beac~ FL 3 3 444
Mar Stowe
June 28, 2000
Mr. Dan Marfino
Senior Planner
City of Delray Beach
100 NW 1~t Ave.
Dekay Beach, FL 33444
Gentlemen:
This letter is to recommend that you give the abandoment of the
East/West portion of Periwinkle Lane as is being requested by Mr. & Mrs.
Doug Ayerst. They are neighbors of ours on Eleventh St. and we are happy
that they are improving their property. In the long nm all of these
improvements in our area will be helpful to the property values of all of the
property owners in this Northwest Section of Delray Beach.
Thank you for your consideration of this matter.
Very truly yours,
/-/( t ;
Mr. & Mrs~ Mark Stowe
Cc: Doug & Jan Ayerst
Roy M. Simon · · Architect
architect~ and planners
July 12, 2000
Chairman and Members
Planning and Zoning Board
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Re:
Public Notice #2000-193
Abandonment of Right-of-Way
Periwinkle Lane
Ladies and Gentlemen:
On Saturday, July 8, 2000, I received a copy of your July 6 notice, advising of your hearing
regarding the abandonment of a portion of Periwinkle Lane. I am concerned because my home on
Lot 2, Block 1, Ida Lake Terrace, is immediately west of the subject fight-of-way.
Recently, the City abandoned the portion of N.W. Second Avenue that extended to N.W. 12t~
Street, making N.W. 2nd Avenue a dead-end from N.W. 11 Street. This dead end creates a
problem if and when Lot 3, Block 1, Ida Lake Terrace, and/or Lot 1 of Fairacre are developed
because the City will require access for service and emergency vehicles to those properties. The
availability of the subject right-of-way provides a loop access for service and emergency vehicles,
connecting N.W. 2~ Avenue and the north/south leg of Periwinkle Lane.
My concern is that approaching these abandonments in a piece-meal manor is creating problems
that will have to be addressed at some future date and, unfortunately, these problems are
appearing on my doorstep. The requested abandonments are not contiguous with my property,
but are creating an impact on my lifestyle and property values. Perhaps it would be more
appropriate to consider total abandonment ofN.W. 2nd Avenue between N.W. 1 lth and 12th
Streets, as well as the east-west corridor of Periwinkle Lane.
I feel that this matter needs careful consideration of the long-term consequences and the effects it
has on the property owners whose property does not abut the right-of-way(s).
Sincerely,
Roy 9imon
J V b 2
i00 northeas[ fifth avenue · suite a-2 · delray beach, florida 33483 · (561) 278-1914
EncineerinC Services 5S1-416-3418 p.1
June 17, 2000
Mr. Dan Marfino
Senior Planner
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
Re.
Support for Abandonment of Right-of-Way
P&Z Board Agenda Item IVE-7/17/2000
Dear Mr. Marfino:
The following letter is provided in support of the proposed abandonment of the
unimproved east-west portion of Periwinkle Lane (40'x 244.77) scheduled for approval at
the July 17, 2000 Planning and Zoning Board Meeting. This action is supported based
on the proposed plans avoiding alterations to the paved access to our cottage frontage and
landscape on Periwinkle lane by maintaing a 25' required frontage for Lot 3
This positive action will enlarge the size of neighborhood lots, increase taxable value,
reduce future City budget allocations for pavement resurfacing and provide traffic
calming
With Best Regards,
~.~ J. Borick
CC:
Planning and Zoning Board
Doug & Jan Ayerst
JEFFRY J. BORICK, ASLA
11 IO N. Swirlon Ave., Ddray Beach, Fla. 33444
561-279-91 ~3
Peter Cameron Original Art
www. petercameron.com
Artist, Photographer,
Speaker, Writer,
Consultant,
Web sight Designer
919 N.W. 2nd. Ave.
Delray Beach, FI. 33d~./I
561-278-9512
July 16, 2000
Dear Sirs:
We wish to recommend that you give approval to the
abandonment request for the East/West portion of
Perdwinkle Lane being made by Doug and Jan Ayerst.
We are close neighbors and friends of the Ayersts and feel
that this property would enhance the improvements they
wish to make thus adding to the property value.
We thank you for considering this request on their be-
half.
Peter and Virginia Cameron
JUL-14-2000 12:26 FROM JURACSIK TOOL 561 2720047 TO 2437221 P.O1
Mr. Dan Marfino
Senior Planner
City of Delray Beach
100 NW 1 St Ave.
Delray Beach, Florida 33444
Dear Mr. Marfino:
We are neighbors, living directly to the Northwest, of Doug
Ayerst and are in support of the abandon~nent of'the east/west portion of P~
Lane. The abandonment of the property being requested by Mr. and Mrs.
now be utilized by them to help improvi~ their'home, and th'us serve as an
improvement to the Lake Ida neighborhood. The property wilt now be taken ~are of
ani:l enhance the property values' to ali owners in th~ N6rthwest section of Dlelray
Beach. Thank you for your attention to this matter.
Jut 14,2000
nd Jan
~winkle
~rst can
Sincerely
Mr. and Mrs. Robert Brewer
202RW 12St.
Delray Beach, Florida 33444
TOTAL P.O1
07fi3/2000 i7:51- 5512798594 MARK ROSENB__ER__.G _. PAGE
122 NW 12~h Street
Delray Beach, FL 33444
July 7, 2000
Planning and Zoning Department
100 N-W 1= Ave
Delray Beach, FL 33444
Dear Members of the Planning and Zoning Board,
It has recently come to my attention that the Ayerst family has requested abandonment of'
a portion of the east-west right-of-way of Periwinlde Lane. Since I have personally
spoken with Mr. and Mrs. Ayerst, I understand that they seek abandonment so they can
improve upon their existing property. As you are well aware, I am a recent beneficiary of
a rib, hr-of-way that was successfully abandoned. Because my family and I plan on living
here indefinitely, we have a personal interest in ensuring that all existing property in this
area be developed and improved to its maximum potential. I am in full support of'the
Ayersts, and strongly urge that abandonment of the above mentioned property meet with
approval.
Mark Rosenber~ MD