Res 80-00RESOLUTION NO. 80-00
A REsoLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING
THAT PORTION OF THE UNIMPROVED NORTHWEST 14TM STREET
RIGHT-OF-WAY LYING NORTH OF AND ADJACENT TO BLOCK 3
AND LOTS 4 & 5, BLOCK 4, RE-PLAT OF IDA LAKE TERRACE,
LOCATED BETWEEN N.W. 2Nr~ AND 4TM 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 Delray Beach
initiated the abandonment of that portion of the unimproved N.W. 14m Street right-of-way lying north of
and adjacent to Block 3 and Lots 4 & 5, Block 4, Re-Plat of Ida Lake Terrace, as more particularly described
herein; and
WHEKEAS, the application for abandonment of said right-of-way was processed pursuant
to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regula6ons of the City
of Dekay 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 public hearing on September 18, 2000, and voted
6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR
Section 2.4.6(O)(5), and subject to the condition that a general utihty easement be retained over the entire
area; and
WHEREAS, the City Commission of the City of Dekay 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 positive findings pursuant to
LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over
the entire 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
facilities, or any other facilities used for various public utilities whether owned by the City or private
corporataons.
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 particularly described as follows:
ALLEYWAY 8-]
That portion of 25 ft. unimproved Northwest 14m Street right-of-way lying
north of and adjacent to Block 3 and Lots 4 & 5, Block 4, Re-Plat of Ida Lake
Terrace, Plat Book 22, Page 39, as recorded in the Public Records of Palm
Beach County, Florida; containing 0.163 acre, more or less.
PASSED AND ADOPTED in regular session on tlus the 17~ day of October, 2000.
MAYOR
ATTEST:
..... ' cit} C~er~' - - r
-2- Res. No. 80-00
N.W. 14TH
STREET
N.W. 15TH
STREET
N.W. 15TH ST.
12TH ST.
i~rY OF DEI. RAY BEACH, F~
PLANNINQ ~ ZONINQ DEPAFITMENT
PHASE TWO
ALLEYWAY ABANDONMENT PROJECT
ALLEYWAYs # 8-1 & 8-J
-- D/~'//',4/. BI15£ ~ SYEr£M --
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
DAVI~ .AI~D E~IT~.~MANAG E R
zo.,.o
DANIEL J. MARFINO, SENIOR PLANNER~
MEETING OF OCTOBER 17, 2000 *CONSENT AGENDA*
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 primary
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 ANDZONING BOARDCONSIDERATION
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~boardstcitycommission[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-I-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
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 Qne, 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 / 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-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 16-foot 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
NW 3rd 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 2nd Avenue and NW 4th Avenue. However, subsequent
development to the north of the subject right-of-way did follow this pattern, instead
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)
Page 4
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(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, 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
C~ty Initiated 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
Continue with direction.
Recommend to the City Commission approval of the abandonments subject to
positive findings with respect to LDR Section 2.4.6(0)(5).
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(0)(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
!11. - 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
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CITY OF D~J. RAY BEACH, FL
PLANNING Et 7.DNINO
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ALLEYWAY ABANDONMENT PROJECT
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ABANDONMENT AREA:
REFERENCE
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ALLEYWAY ABANDONMENT PROJECT
CITY OF DELRAY BF.A~H, FL
PLANNING Er ZONING D~=~ARTM ENT
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ABANDONMENT AREA:
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REFERENCE
MAP
N.W. 14TH
STREET
N.W. 13TH
STREET
N.W. 15TH ST.
3 5 7 B
9 7.? ~
N.W. 12 TH ST.
CITY' OF DELRAY BEACH, FL
I='LANNING ~' ZONING
ALLEYWAY ABANDONMENT PROJECT
,,- PHASE TWO ~
ABANDONMENT AREAS:
-- DIC./T.,~ BASE
REFERENCE
MAP