Loading...
Res 78-00RESOLUTION NO. 78-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH/SOUTH AIJ.EY RIGHT-OF-WAY LOCATED IN BLOCK 1, RE-PLAT OF IDA LAKE TERRACE, LYING ON THE NORTH SIDE OF N.W. 11TM STREET BETWEEN N.W. 2Nr~ AND 3m AVENUES, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. WHEREAS, pursuant to the Alleyway Abandonment Project, the City of Dekay Beach initiated the abandonment of the entire north/south alley right-of-way located in Block 1, Re-Plat of Ida Lake Terrace, as more particularly described herein; and WHEREAS, the application for abandonment of said alley 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 Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zomng Board, as Local Planning Agency, formally reviewed the matter at a pubhc hearing on September 18, 2000, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings w/th respect to LDR Section 2.4.6(O)(5), and sublect to the condition that a general utihty easement be retained over the entire area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that ~ts interest in the described property :s no longer needed for the public good and deems it to be in the best interest of the City of Del_ray Beach to vacate and abandon said alley right-of-way, based upon positive findings pursuant to LDR Seclaon 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over the enttre area thereof, as more pamcularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilifes, or any other faciliues used for various public utilities whether owned by the City or private corporations. 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 Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, more parttcularly described as follows: ALLEYWAY 8-G The entire 16 ft. north/south alleyway located in Block 1, Re-Plat of Ida Lake Terrace, Plat Book 22, Page 39, as recorded in the Public Records of Palm Beach County, Florida; containing 0.171 acre, more or less. PASSED AND ADOPTED in regular session on this the 17~' day of October, 2000. MAYOR ATTEST: - "City Clerlff ~' -2- Res. No. 78-00 N,W, 5 7 9 11TH II ST. oF 5 Ld Z PERIWINKLE LANE ST. I I GrTY OF Df~.RAY IEAGH, FL ~NNING ~ ~ONING -- DIGI2'A~ ~AS£ MAP SYST£M PHASE TWO ALLEYWAY ABANDONMENT PROJECT ALLEYWAY # 8-G I I I I TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVIp, ~/~..AI~D E~:~ IT~,~MAN AG ER ABANDONMENT OF FOUR ALLEY AND/OR STREET RIGHTS-OF-WAYS IN THE AREA GENE~LLY KNOWN AS THE LAKE IDA NEIGHBORHOOD. BACKGROUND The request involves abandoning four alley/street rights-of-way, located in the Lake Ida Neighborhood (please see Reference Map "A", in the attached staff report). The four abandonments contain approximately 32,787 total square feet (0.752 acres), and were dedicated by the plat of the Lake Ida Manor, Addition No. 1 (PB 24, PG 201), and the Re-Plat of Ida Lake Terrace, (PB 22, PG 39). The abandonments represent the first installment of the City Initiated Alleyway Abandonment Project. This project is being carried out by the Planning & Zoning and Environmental Services Departments, under direction given by the City Commission. The purpose is identifying alleyways (and sub-standard street rights-of-way) which are considered "non-essential", and subsequently vacating each. Criteria for this analysis was based upon municipal water & sewer provision (existing & planned), and property access issues. Currently, all abandonment areas contained in this report are unimproved and are not utilized for pdmary access to any adjacent parcel. No municipal water or sewer mains are located within any of the four alley/street rights-of-way. Florida Power & Light and Adlephia Cable have identified facilities in all four areas. Bellsouth has identified facilities in three. In order to accommodate these facilities, a general utility easement will be retained over each abandonment area. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of September 18, 2000, the Planning and Zoning Board considered the request at a public hearing. Two people (one in favor and one in opposition) gave public comment concerning the abandonments. After reviewing the staff report, the Board voted on each abandonment area individually. Each vote was 6 to 0 to recommend approval, with the condition that a general utility easement is retained over each abandonment area. RECOMMENDED ACTION By motion, approve the abandonments of right-of-way and reserve a general utility easement over each abandonment area based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolutions (4) · P & Z Staff Report of September 18, 2000 S:~ P&Z~boards~citycornmission~Phase2-CCDoc. doc PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: September 18, 2000 V.C. City Initiated Abandonment of Four Unpaved Alleyways and Street Rights-of-Way, Located Within Lake Ida Area (Please View Location Map Below for Exact Locations). GENERAL DATA: Owner .................................. General Public Agent/Applicant .................... City of Delray Beach David T. Harden, City Manager Location ............................... Lake Ida Area Property Size ........................ 0.077 Acres (Area 8-A) 0.171 Acres (Area 8-G) 0.174 Acres (Area 8-1) 0.163 Acres (Area 8-J) 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 rights-of-way Proposed Land Use ............. To be returned to adjacent property owners. Water Service ....................... n/a Sewer Service ...................... n/a NW IIfH NW ?TH LAKE V.C. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of four alley and/or street rights-of-ways in the area generally known as the Lake Ida neighborhood. These right-of-way abandonments are being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. BACKGROUND Early last year City Commission directed the Planning & Zoning Department and the Environmental Services Department to inventory all alleyways within the City, and determine which alleys were considered "non-essential". Criteria for this analysis was based upon municipal water "& sewer provision (existing & planned), and property access issues. The City Commission further directed staff to begin abandonment proceedings for alleyways that were identified as non-essential. Considering the size and scope of this project, Staff divided the qualifying alleyways into two groups. The first group would include alleys that are unimproved, do not have any municipal utilities (water & sewer), and do not provide access to the abutting properties. The second group to be abandoned would include those that are unimproved, do not provide access to abutting properties, and only have a substandard existing water main in the alley. The two groups were further broken down to smaller geographical areas, for administrative processing purposes (i.e. Phase One, Phase Two, Phase Three, etc.). In addition to alleyways, staff also examined sub-standard street rights-of-way, which met the above listed criteria. Phase One, which consists of five (5) alleyways in the North Federal Highway area, were originally scheduled to go forward with the Phase Two abandonments, at the September Planning & Zoning Board Meeting. However, administrative problems regarding proper notification pushed this grouping to the October P&Z Meeting. Please see Reference Map "A", for the following section. The four subject abandonment areas contained in this report are located in the Lake Ida Neighborhood, and are labeled "Phase Two". For identification purposes, each abandonment area was assigned a unique label (i.e. 8-A, 8-B, 8-C, etc). The first number of the label represents the section of land (according to the Public Land Survey System) in which the abandonment area is located. The second portion of the label represents an arbitrary letter assigned to each proposed abandonment area that was designated as qualifying after preliminary review. After a more in- depth review, several of the original identified areas, removed from the list due to dedication and/or access issues. This is the reason for the label sequence jumping from 8-A to 8-G, and then 8-1. Planning and Zoning Board Staff Report City initiated Alleyway Abandonment Project - Phase Two (Lake Ida Area) Page 2 Each of the four subject abandonments contained in this grouping will be voted on individually. As this is a City initiated project, surveys of each abandonment area were not required. All abandonment areas listed in this report are platted rights-of-way, and staff will create the requisite legal descriptions for the official City resolution. ALLEYWAY I RIGHT-OF-WAY DEDICATIONS Abandonment Area 8-A: This subject right-of-way was dedicated with the recordation of the Plat of the Lake Ida Manor, Addition No. 1 (Plat Boqk 24, Page 201, of the Public Records of Palm Beach County, Florida), in February of 1956. Currently the subject right-of-way is unimproved. Abandonment Areas 8-G, 8-1, 8, 8-J: The subject abandonment areas were dedicated with the recordation of the Re-Plat of Ida Lake Terrace, (Plat Book 22, Page 39, of the Public Records of Palm Beach County, Florida), in October of 1957. Currently the subject areas are unimproved. ABANDONMENT DESCRIPTIONS Abandonment Area 8-A: Please see Reference Map "B" The subject abandonment area measures 25 feet in width and 135 in length, containing 3,375 square feet (0.077 acres). The subject right-of-way represents the north % of the westerly extension of the Kings Lynn right-of-way, between NW 4th Avenue and the western plat limit of said plat of Lake Ida Manor, Addition No. 1. It is clear by the manner in which the subject parcel was platted, the original intent was to have this street right-of-way continue west to NW 6th Avenue. However, the subsequent plats of Lake Ida Manor, Addition No. 2, in July of 1957 (adjacent to the south), and Lake Ida Shores, First Addition, also in July of 1957 (adjacent to the west), did not follow this street pattern. Consequently, it would be impossible for the subject parcel function as originally intended. Abandonment Area 8-G: Please see Reference Map "C" The subject alleyway measures 16 feet in width and approximately 467 feet in length, containing 7,472 square feet (0.171 acres). This abandonment area is the entire 16-foot north-south alley in Block 1, of said Replat of Ida Lake Terrace. Planning and Zoning Board Staff Report City Initiated Alleyway Abandonment Project- Phase Two (Lake Ida Area) Page 3 Abandonment Area 8-h Please see Reference Map "D" The subject alleyway measures 16 feet in width and approximately 475 feet in length, containing 7,600 square feet (0.174 acres). This abandonment area is the entire 164oot north-south alley in Block 4, of said Replat of Ida Lake Terrace. Abandonment Area 8-J: Please see Reference Map "D" Subject right-of-way 8-J is divided into an east and a west area, separated by the rd · NW 3 Avenue right-of-way. The west portion measures 25 feet in width and 288.80 feet in length, containing 7,215 square feet (0.165 acres). The west portion represents the entire r-o-w for NW 14th Street, adjacent to the north line on Block 3, of said Replat of Ida Lake Terrace. : The east portion measures 25 feet in width and 285 feet in length, containing 7,125 square feet (0.163 acres). The east portion represents the entire r-o-w for NW 14th Street, adjacent to the north line on Block 4, of said Replat of Ida Lake Terrace. As with 8-A, it appears that when subject right-of-way 8-J was platted in 1947, it was intended to provide the southern half of the necessary right-of-way to form a connection between NW 2"d Avenue and NW 4TM Avenue. However, subsequent development to the north of the subject right-of-way did follow this pattern, instead nd establishing the connection between NW 2 Avenue and NW 4th Avenue with NW 15th Street. Thus, the subject right-of-way has never been improved. ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) 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 returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. Abandonment Area 8-A: As the subject parcel was created entirely from the plat of Lake Ida Manor, Addition No. 1, the fee-simple owners of Lot 7 of said plat, are entitled to the entire abandonment area adjacent to their property. Abandonment Area 8-G: As the subject parcel was created entirely from the Replat of Ida Lake Terrace, the fee simple owners of Lots 1-9, of Block 1, are entitled to % of the 16 foot alleyway, adjacent to their property. Planning and Zoning Board Staff Report City Initiated Alleyway Abandonment Project - Phase Two (Lake Ida Area) Page4 Abandonment Area 8-h As the subject parcel was created entirely from the Replat of Ida Lake Terrace, the fee simple owners of Lots 1-9, of Block 4, are entitled to % of the 16 foot alleyway, adjacent to their property. Abandonment Area 8-J: As the subject parcel was created entirely from the Replat of Ida Lake Terrace, the fee-simple owners of Lots 4 and 7 (as described by the Palm Beach County Property Appraiser), of Block 3; and the fee-simple owners of Lots 4 and 5 of Block 4, are entitled to the entire portion of the 25 foot right-of-way adjacent to their property. UTILITY SERVICES · No municipal water or sewer lines are currently located in any of the proposed abandonment areas. Florida Power & Light and Adelphia Cable have identified existing facilities in ALL. subject abandonment areas, and are requesting replacement utility easements for each. BellSouth has identified facilities in subject abandonment areas 8-A, 8-G, & 8-1, and are requesting replacement utility easements for each. The Florida Public Utilities Company and the City's Fire Department have also reviewed the requested abandonments, and have no objections. REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(O)(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, all listed abandonment areas are unimproved, and there are no plans to improve them in the future. The City has no plans to use the subject areas for any other purpose. Planning and Zoning Board Staff Report City Initiated Alleyway Abandonment Project - Phase Two (Lake Ida Area) Page 5 B) That the abandonment does not, nor will not, prevent access to a lot of record. Currently, no adjacent lot utilizes any of the subject abandonment areas for primary access. 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, Florida Power & Light and Adelphia Cable have identified existing facilities in all abandonment areas. In addition, BellSouth has identified facilities in three of the subject areas. These facilities will be accommodated through the reservation of utility easements., over the entirety of all abandonment areas. Thus, the current and future ability to provide utility services to adjacent properties or the surrounding area, will not change. The provision of the aforementioned utility easement will be a condition of approval for these abandonments. REVIEW BY OTHERS None of the proposed abandonment areas are within the 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 Seacrest 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. Planning and Zoning Board Staff Report City Inibated Alleyway Abandonment Project - Phase Two (Lake Ida Area) Page 6 ASSESSMENT As all the subject abandonment areas are unimproved and there are no plans for their improvement, their intended public use is limited. The purpose of this project is for the City to release alleyways and sub-standard street right-of-ways back to properties which originally dedicated them, if they have no current or future municipal need. All subject abandonment areas listed in this report meet these qualifications, and the criteria for "Abandonments of Rights-of-Way", as listed in Section 2.4.6(0) of the City's Land Development Regulations. The reservation of general utility easements over all listed abandonment areas, is listed as a condition of approval for each. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonments subject to positive findings with respect to LDR Section 2.4.6(0)(5). 3. Recommend to the City Commission denial of the abandonments based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). RECOMMENDED ACTION By Separate Motion: I.- Abandonment Area 8-A: By motion, recommend to the City Commission approval of the abandonment of the portion of the unimproved Kings Lynn right-of-way, west of NW 4th Avenue, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1.) A general utility easement is retained over the entire abandonment area. II.- Abandonment Area 8-G: By motion, recommend to the City Commission approval of the abandonment of the north-south alleyway within Block 1, of the Replat of Ida Lake Terrace, based upon positive findings with respect to LDR Section 2.4.6(O)(5), subject to the following conditions: 1 .) A general utility easement is retained over the entire abandonment area. Planning and Zoning Board Staff Report City Initiated Alleyway Abandonment Project - Phase Two (Lake Ida Area) Page 7 II!.- Abandonment Area 8-1: By motion, recommend to the City Commission approval of the abandonment of the north-south alleyway within Block 4, of the Replat of Ida Lake Terrace, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1.) A general utility easement is retained over the entire abandonment area. IV.- Abandonment Area 8-J: By motion, recommend to the City Commission approval of the abandonment of the portion NW 14th Street right-of-way adjacent to the north of Blocks 3 & 4 of the Replat of Ida Lake Terrace, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1 .) A general utility easement is retained over the entire abandonment area. Attachments: · Reference Map"A" · Reference Map"B" · Reference Map"C" · Reference Map"D" File: S.\Planning&Zoning\Boards\P&Z\Phase-Two Abans.doc 2~ ,_.o 4 27 28 10 9 KINGS LYNN 7 5 4 2 CfTY OF De.~LRAY BF..ACH, FL PLANNING Er ZONING; DEPARTMENT ALLE"CCv'AY ABANDONMENT PROJECT .-- PHASE TWO ~ ABANDONMENT AREA: REFERENCE MAP ,lB,. I I CrTY OF DELRAY BF. AOHo FL PLANNING Er ZDNING II 5 .ST. 8 9 3 11TH :57. ALLEYWAY ABANDONMENT PROJECT .-- PHASE TWO ,--. ABANDONMENT AREA: 8-G REFERENCE MAP .I Iq.W. 14TH STREET N.W. 1 3TH STREET N W. 1 5TH ST. 5 7 2 ~ 9 1.1 12TH ST Gfi'Y OF D~-LRAY BEACH., FL I I ALLEYWAY ABANDONMENT PROJECT · -, PHASE TWO ,-- ABANDONMENTAREAS: 8-1 & I I REFERENCE MAP "D"