Res 101-00.
RESOLUTION NO. 101-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DF, I.ILAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF NORTHWEST 2sD AVENUE, LYING BETWEEN
NORTHWEST 12TM STREET AND GROVE WAY, AS THE SAME IS
MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY AN EASEMENT FOR PUBLIC AND
PRIVATE UTILITIES OVER A PORTION OF THE AREA TO BE
ABANDONED, AS MORE PARTICULARLY DESCRIBED HEREIN.
WHERE~S, an application for abandonment of that portion of the Northwest 2~a Avenue
road right-of-way lying between Northwest 12th Street and Grove Way, as more particularly described
herein, was received by the City of Delray Beach; and
WHEREAS, the application for abandonment of said right-of-way was processed pursuant
to Section 2.4.6(0), "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 Zoning Board, as
Local Planning Agency, formally reviewed the matter at a public hearing on November 20, 2000, and voted
to recommend approval of the abandonment, based upon positive findings with respect to LDR Section
2.4.6(0)(5), and subject to the condition that a general utility easement be retained over a portion of the area
to be abandoned; 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 positive findings pursuant to
LDR Section 2.4.6(0)(5), but does not abandon and retains and reserves unto ~tself a utility easement over a
portion of the abandonment area, as more particularly described herein, for the purpose of emergency
access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers,
drainage facihfies, cr any other facihfies used for various public unlities 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 a portion of the abandonment area, both as more particularly
described as follows:
ABANDONMENT AREA
PARCEL 1: That portion of the 50 foot road right-of-way for N.W. 2"d
Avenue lying west of and adjacent to Lot 7, THE GROVE, according to the
Plat thereof as recorded in Plat Book 20, Page 92 of the Public Records of
Palm Beach County, Florida; containing 7,337 square feet or 0.1684 acre, more
or less.
TOGETHER WITH
PARCEL 2: That portion of Northwest 2"d Avenue (a 25 foot road right-of-
way) as shown on the REPLAT OF IDA LAKE TERRACE, according to the
Plat thereof as recorded in Plat Book 22, Page 39 of the Public Records of
Palm Beach County, Florida, lying west of and adjacent to Lot 13, Block A,
PINERIDGE HEIGHTS, according to the Plat thereof as recorded in Plat
Book 13, Page 80 of the Pubhc Records of Palm Beach County, Florida;
containing 3,837 square feet or 0.088 acre, more or less.
EASEMENT AREA
The west 25 feet and the south 5 feet of Parcel 1 (described above),
TOGETHER WITH
All of Parcel 2 (described above).
PASSED AND ADOPTED in regular session on this the 12m day of December, 2000.
MAYOR
ATTEST:
- - ~' City Clerlff r
-2- Res. No. 101-00
J I I
N.W.
12TH
ST.
TH ST. N W. 12TH STREET
N.W. 11 TH STREET
>
z
0
CIT¥ OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
-- DIgITaL BASE MAP EYSTEM --
ABANDONMENT
- UNIMPROVED N.W. 2ND AVENUE -
REFERENCE
MAP
"A"
FH ~ F~ HYDRANT
CONC -- CDNCR~T£
LR -- 5/8' ~ ROD ~TH CAP ~LB 353
FLOOD ZONE. X
U.~ - UT~ITY
U.B ~ U~TL~Y BOX
,, ~ CHA~ ~ ~
NOTE
SUA'$HiNE STATE ONE CALL CENTER WAS
NOTIfieD BUT AB OF' AUGUST IE. 2000
UTILITIE~ WERE LOCRT~
DESCRIPTION - PARC='--J.. ? (SURVEYED AUGUST 7, 2000,)
THAT PORTION OF THE 50 FOOT ROAD RIGHT OF'
WAY FO~ NW. 2N~ AVEN~'~'~_'YING I~'EST OF A~
ADJA~N~ TO LOT 7, T~ GROV~ ACC~ TO
~0. PAGE 92 OF T~' P~LIC RECTOS OF PALM
BEACH CO~Y, FLDRD~ CONTA~G 7,~37
SDUARE FEET ~ 0.16~ AC~
TDG.rTHER W. rTi..L
D_z'~CRI=TION - PARC.~..J. .?- ($U~V~'."Y='~ JANUARY
(A 25 FOOT ROAD RIG~ ~ WAY) ~
O~ THE ~LAT ~ ~A LA~ T~RAC~
AC3~g TO T~ PLAT T~E~ AS RECO~
~ PLA T BO~ ~ PAGE J9 ~" T~ P~LIC
0= PALM BEACh CO~Y FLOR~A L~G
AND ADJACE~ TO LO~ ~ BLOCK ~
HEIG~E ACCOR~G TO T~- PLAT T~ AS
REC~D~ ~ PLAT BO~ ~. ~A~E ~0 ~ T~ ~C
N. W. 2ND A v£.
VACANT
12TtA ST. (
NOTE U~GROUND UTILITIES. ~' ANY. NOT LOCATED
TO:
THRU:
FROM:
SUBJECT:
DA,,~~ R~/.~MANAG E R
PAUL DORLING, AC~ DIRECTOR OF P~NNING ~ND
ZONING
ABANDONMENT OF A PORTION OF THE N.W. 2ND AVENUE
BETVVEEN N.W. 12 STREET AND GROVE WAY.
RIGHT-OF-WAY,
The subject right-of-way extends from N.E. 12th Street on the south, to Grove Way on the north. The right-
of-way is divided into a 25-foot wide south parcel and a 50-foot wide north parcel, for description and
analysis purposes. The south parcel measures 25' x 153.49' and contains approximately 3,837 square
feet (0.09 acres). The north parcel measures 50' x 146.7' and contains approximately 7,335 square feet
(0.17 acres). Together the two parcels contain 11,172 square feet (0 26 acres)
The abandonment request was submitted by the owner of Lot 13, Block A, Pineridge Heights (Linn D.
Heaton), who is technically not entitled to the abandonment area, as it was dedicated by the plat to the
west (Replat of Ida Lake Terrace). The owner (Mr Mayroud), of Lots 1-5, Block 5, Plat of Ida Lake
Terrace, who is entitled to the subject area, has signed an Owner's Consent form which provides Mr.
Heaton legal standing to process the requested abandonment as the "applicant". The two parties have
negotiated an agreement to transfer ownership of a portion of the abandonment area, if the abandonment
is approved.
The right-of-way is unimproved, however a municipal water main is located within the abandonment area.
In addition Florida Power & Light, Adelphia Cable, and BellSouth have identified existing facilities in the
proposed abandonment area. In order to accommodate these facilities, a general utility easement will be
retained over a portion of the abandonment area.
PLANNING,,AND ZO~II{I'G~'BOARD CONSIDERAtiON I
At its meeting of November 20, 2000, the Planning and Zoning Board considered the request at a public
hearing. There was no public comment concerning the proposed abandonment. After reviewing the staff
report and discussion, the Board voted 6 to 0 (Robin Bird absent), to recommend approval, with the
condition that a general utility easement is retained to accommodate the existing utilities.
RECOM MENDED ACTION
By motion, approve the abandonment of right-of-way and accept a replacement easement to cover the
existing utilities based upon positive findings with respect to LDR Section 2.4.6(0)(5).
Attachment:
· Abandonment Resolution
· P & Z Staff Report of November 20, 2000.
S:\ P&Z\boards\citycommission\NW2AveCCDoc.doc
PLANNING AND ZONING BOARD
MEETING DATE:
AGENDA ITEM:
ITEM:
CITY OF DELRAY BEACH
November 20, 2000
III.A.
Abandonment of a Portion of N.W. 2nd Avenue,
N.W. 12th Street and Grove Way.
Lying Between
GENERAL DATA:
Owner .................................. General Public
Agent ................................... Louis J. Carbone, Esq.
Applicant .............................. Linn D. Heaton
Location ............................... Portion of N.W. 2nd Avenue between N.W. 12th Street and
Grove Way
Property Size ........................ 0.26 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 right-of-way
Proposed Land Use ............. Abandonment of a portion of unimproved N.W. 2nd Avenue
to be aggregated into adjacent lots.
Water Service ....................... n/a
Sewer Service ...................... n/a
III.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 the N.W. 2nd Avenue right-of-way,
between N.W. 12th Street and Grove Way.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
BACKGROUND
The subject right-of-way extends from N.E. 12th Street on the south, to Grove
Way on the north. The subject right-of-way is divided into a 25-foot wide south
parcel and a 50-foot wide north parcel, for description and analysis purposes.
The "South" Parcel was dedicated with the recordation of the Replat of Ida Lake
Terrace (Plat Book 22, Page 39, of the Public Records of Palm Beach County,
Florida), in October of 1947.
The west 25-feet of the "North" parcel was also dedicated with the recordation of
said Replat of Ida Lake Terrace, while the east 25-feet of the "North" Parcel was
dedicated with recordation of the plat of The Grove (Plat Book 20, Page 92, of
the Public Records of Palm Beach County, Florida), in April of 1946.
Currently the subject right-of-way (ROW) is unimproved, and numerous trees and
hedges are located throughout. In addition, a wood shed encroaches
approximately 7 feet onto the northeast corner of the "South" Parcel. There are
also two chain link fences located in the abandonment area.
ABANDONMENT DESCRIPTION
South Parcel: This portion of the subject right-of-way is a 25' x 153.49'
rectangular shaped parcel, containing approximately 3,837 square feet (0.09
acres). This portion of right-of-way is substandard, as Code requires the
minimum width for a local road be 60 feet, although it can be reduced to 50-feet
with a waiver.
North Parcel: This portion of the abandonment area is a 50' x 146.7' rectangular
shaped parcel, containing approximately 7,335 square feet (0.17 acres).
Together the two parcels contain 11,172 square feet (0.26 acres).
The abandonment request was submitted by Linn D. Heaton, the owner Lot 13,
Block A, of Pineridge Heights (Plat Book 13, Page 80), which abuts the east side
of the south parcel. The Applicant, being owner of said Lot 13 is not directly
entitled to the parcel, as it was created from the Ida Lake Terrace Plat to the
west. The applicant does however have an agreement with the owner of Lots 1-
Planning and Zoning Board Staff Report
N.W. 2ne Avenue R-O-W Abandonment
Page 2
5, Block 5, of said Replat Ida Lake Terrace, which is entitled to the right-of-way,
to transfer ownership of a portion of the parcel when it is abandoned.
The owner of said Lots 1-5, Block 5 (who is entitled to the abandonment area),
has signed an "Owners Consent Form", which allows the owner of said Lot 13 to
be the applicant, and process the abandonment.
ABANDONMENT ANALYSIS
Pursuant to LDR Section 2.4.6(O)(1), public fight-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
returned to that parcel; property dedicated through subdivision shall be divided at
the center line and returned equally to abutting parcels.
As previously stated, the applicant has an agreement to acquire a portion the
right-of-way from the owner of Lots 1-5, Block 5, of said Replat Ida Lake Terrace,
who is entitled to the entire 25-foot wide "South" Parcel, as well as the west 25-
feet of the "North Parcel". The owner of Lot 7, said plat of The Grove, is entitled
to the east 25-feet of the "North" Parcel.
Utility Services
A 16" water transmission main, running north-south through the west 25-feet of
the right-of-way has been identified. The Environmental Services Department
has requested a replacement utility easement (12 foot) centered over the existing
main. Satisfactory disposition of this request, will be a condition of approval of
this abandonment.
Florida Power & Light, Adelphia Cable, and BellSouth have also identified
existing utilities in the right-of-way, and are requesting replacement utility
easements or relocation of said utilities. Satisfactory disposition of this issue will
be a condition of approval for this abandonment.
The City's Fire Department and Florida Public Utilities have reviewed the request
and have no objection to the abandonment.
Plannin_[j and Zoning Board Staff Report
N.W. 2'"' Avenue R-O-W Abandonment
Page 3
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.
The abandonment of the subject right-of-way will not prevent access to any
adjacent parcel, as all parcels front on N.W. 12th Street or Grove Way. Lot 2,
Block 5 of said Replat of Ida Lake Terrace does technically front on the
unimproved portion of N.W. 2nd Avenue, but it has been tied to Lots 1, 3, 4, &
5 through a Unity of Title. This Unity of Title can not be released without
approval of the Chief Building Official of the City of Delray Beach.
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, a City water main is located in the abandonment area. In addition,
Florida Power & Light, Adelphia Cable and BellSouth have identified existing
facilities in the abandonment area. These facilities will be accommodated
through the reservation of a utility easement over the entirety of the
abandonment area. 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 this abandonment. In order to reduce the width of the easement
and utilize the abandonment area as developable property, the applicant has
the option of providing a survey locating all utilities (above and below ground),
along with associated descriptions of easements, which are acceptable to the
utility providers. If the applicant exercises this option, the information must be
provided prior to proceeding to City Commission for final approval.
REVIEW BY OTHERS
The development proposal is not within the geographical area requiring review by
the CRA (Community Redevelopment Agency), the DDA (Downtown
Development Authority), or the HPB (Historic Preservation Board).
Plannin_~ and Zoning Board Staff Report
N.W. 2'"' Avenue R-O-W Abandonment
Page 4
Courtesy Notices:
Courtesy notices have been provided to the following:
DI Lake Ida Homeowners Association
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 ROW is currently unimproved, and is sub-standard in width (25-
feet) in the south-half, any possible improvement of this portion of N.W. 2nd
Avenue would require the acquisition of additional ROW. This is not a realistic
option as the adjacent property is developed as single-family residential, on a
platted lot. The provision of a replacement utility easement to cover existing
utilities is a condition of approval for the abandonment.
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 portion of the unimproved N.W. 2nd Avenue right-of-way, between NW 12th
Street and Grove Way, based upon positive findings with respect to LDR Section
2.4.6(O)(5), subject to the following condition:
1.) A general utility easement is retained over the entire abandonment
area, or over the utilities at a width acceptable to the utility providers.
Planni~and Zoning Board Staff Repo~
N.W. 2'~ Avenue R-O-WAbandonment
Page 5
Attachments:
· Reference Map "A"
· Reference Map "B"
· Reduced Survey
File: S:\Planning&Zoning\Boards\P&Z~NW 2r~ Ave-N Abandonment.doc
Z
NORTH
50'
CITY OF DELRAY BEACH, FL
PLANNING ~ ZONING DEPARTMENT
ST.
DIGITAL BA~E 1~4P SYSTEM --
GROVE
WAY~
SOUTH
PARCEL
N.W. 12TH
STREET
PARCEL DESCRIPTIONS
- UNIMPROVED N.W. 2ND AVENUE
ABANDONMENT -
REFERENCE
MAP
"B"
CITY OF DELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
DIGITAL BASE- MAP SYZTEM --
II
GROVE
50'
25'
N.W. 12TH
WAY
STREET
N.W. 2nd AVENUE ABANDONMENT
UTILITY EASEMENT AREA