Res 22-03RESOLUTION NO. 22-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA VACATING AND ABANDONING A PORTION OF
SABAL LAKES ROAD, LOCATED WITHIN SABAL LAKES PHASE 4
DEVELOPMENT, AS MORE PARTICULARLY DESCRIBED BY EXHIBIT
WHEREAS, the City of Delray Beach, Florida received an application for an abandonment
of a portion of Sabal Lakes Road, located within Sabal Lakes Phase 4 Development, as more
particularly described in Exhibit "A", attached hereto; said Sabal Lakes Phase 4 Development being
located on the northeast comer of Banvick Road and Lake Worth Drainage District Canal L-31.
WHEREAS, 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 Regulations of
the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(0)(3)(d), the Planning and Zoning Board, as
Local Planning Agency, formally reviewed the matter at a public hearing on February 24, 2003 and
voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(0)(5); and
WHERF. AS, 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).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DI~JI.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby incorporated herein by this reference.
Section 2. That pursuant to Section 177.101 (5) and Chapter 166 of the Florida Statutes,
it is hereby determined to vacate and abandon all right and interest it holds to the following real
property, described in Exhibit "A".
PASSED AND ADOPTED in regular session on this the /.ff' day of April, 2003.
ATTEST:
City Clerk
2 RES NO. 22-03
CANAL L-SO
DRIVE:
BANYAN CREEK
ELEMENTARY
SCHOOL
PHASE ONE
188-189
RP. II~A
SABAL
S AB A L
ABANDONED
ROAD
R.AT
CANAL L-51
SABAL
72, PGS
SEA GRAPE QRCLE
AK E
N.W. 151H ST.
N.W. 101~1 PL
N.W, 101H
101H ST.
N.W. 9TH ST
BAR WICK
PARK
LAKE IDA
E
ROAD
N
QTY OF OELRAY 8EACH, FL
PLANNING & ZONING DEPARlk~ENT
ABANDONMENT OF RIGHT-OF-WAY
- A PORTION OF SABAL LAKES ROAD -
LEGEND ~ tv. - TELEVISION
L - ARC LENGTH T~P. - TOWNSHIP
COR. '- CORNER P.0.C. - POINT OF
A- DELTA ANCLE COMMENCEMENT
R - RADIUS P.B. - PLAT BOOK
P.C. - POINT OF CURVATURE
DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 4.6 SOUTH, RANGE 4.2 EAST, PAL~'I BEACH COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF BARWlCK ROAD AND THE SOUTH
RIGHT-OF-WAY LINE OF BANYAN CREEK ROAD, AS SHOWN ON "SABAL LAKES PHASE ONE", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 60, PAGES 188 AND 189 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE S 89' 06' 00" E ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF ,307.02 FEET TO THE POINT
,OF BEGINNING; THENCE CONTINUING S 89' 06' 00" E, A DISTANCE OF 1.30.00 FEET; THENCE SOUTHWESTERLY ALONG THE
:ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS S00'54.'00"W, HAVING A RADIUS OF 25.00 FEET, A CENTRAL
ANGLE OF 90' 00' 00", AN ARC LENGTH OF 59.27 FEET TO A POINT OF TANGENCY; THENCE S 00' .54' 00" W, A
DISTANCE OF 87.62 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 260.00 FEET, A CENTRAL ANGLE OF 80' 10' 12", AN ARC LENGTH OF .36.:3.80 FEET TO A
POINT OF TANCENCY; THENCE S 79' 16' 12" E, A DISTANCE OF .50.59 FEET; THENCE S 15' 0.:3' 50" W, A DISTANCE OF
59.00 FEET; THENCE S 00' 4.0' 20" W, A DISTANCE OF 1.18 FEET; THENCE N 79' 16' 12" W, A DISTANCE OF 4-9.80 FEET
TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
.340.00 FEET, A CENTRAL ANGLE OF 80' 10' 12', AN ARC LENGTH OF 47.5.74 FEET TO A POINT OF TANGENCY; THENCE
N 00' 54.' 00" E, A DISTANCE OF 67.5,3 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF
A CURVE TO THE LEFT HAVING A RADIUS OF 2..5.00 FEET, A CENTRAL ANGLE OF 90' 00' 00", AN ARC LENGTH OF .39.27
FEET TO THE POINT OF BEGINNING.
CONTAINING 4.0,000 SQUARE FEET / 0.918 ACRES, MORE OR LESS.
SAID LAND SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
NOTES:
· REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER
INSTRUMENTS OF RECORD.
,3. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF THE RIGHT-OF-WAY FOR SABAL LAKES ROAD, AS
SHOWN ON "SABAL LAKES PLAT ONE", AS RECORDED IN PLAT BOOK 60 , PAGES 188 AND 189, BEARING S89'06'00"E.
4, THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD
SURVEY AS SUCH.
CERTIFICATE:
HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON DECEMBER 20, 2002, I
FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN
CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES
472,027,
7CAULFIELD 8, WHEELER, lNG.
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
30IA W. PALMETTO PARK ROAD - SUITE 100A
BOCA RATON, FLORIDA 55435
PHONE (561)-392-1991 / FAX (561)-750-1~.52
SABAL LAKES DRIVE ABANDONMENT
SKETCH OF DESCRIPTION
SHEET 1 OF 2
DATE 12/20/02
)RAWN BY TMM
F.B./ PO. N/A
SCALE AS SHOWN
JOB NO. 4506
LEGEND I
T,V, - TELEVISION
L - ARC LENGTH TWP. - TO'MtSHIP
COR, - CORNER P,O,C, - POINT OF
A- DELTA ANGLE COMMENCEMENT
R - RADIUS P.B. - PLAT BOOK
P.C. - POINT OF CURVATURE
GRAPHIC SCALE
100 0 50 1 O0
( IN FEET )
~= 80'10'12"
L=475.74'
N79'16'12"W
4-9.80'
S00'4.0'20"W
1.18'
SABAL LAKES'PHASE THREE
(PLAT 8OOK 72, PAGES 180-182)
SHEET 2 OF 2 //
BARWlCK ROAD
POINT OF
BEGI)
Z~90'00'O0"
R=25.
L=59.27'
N00'54-'(
67.~
S00'54'00"
87.62'
Z~=90'O0'O0"
R=25.00'
L=39.27'
Z~= 80'10'12"
R=260.00'
L=363.80'
S79'16'12"E
50.59'
S15'03'50"W
~ 60.00'
i7CAULFIELD & WHEELER, INC.
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
30IA W. PALMETTO PARK ROAD - SUITE 100A
BOCA RATON, FLORIDA 35~35
PHONE (561)-592-1991 / FAX (561)-750-1&5E
SABAL LAKES DRIVE: ABANDONMENT
SKETCH OF DESCRIPTION
S.W, CORNER
SABAL LAKES
PHASE ONE
(PLAT BOOK 60,
PAGES 188,189)
BEARING
IDAVID P. LINDLEY
IREGISTERED LAND
ISURVEYOR NO. 500~
ISTATE OF FLORIDA
IL.8. ,3591
\
LAKES PHASE ONE
(PLAT BOOK 60,~PAGES 188,189)
DATE 12/20/02
DRAWN BY TMM
F.B./ PG. N/A
SCALE AS SHOWN
JOB NO. 4306
I
TO:
THRU:
FROM:
SUBJECT:
CiT~, C0M MiSSi0~' D0~UME NTATi~N ............. ,,,~ ............ ~,
i
NGUYEN TRAN, SENIOR PLANNER
MEETING OF APRIL 15, 2003
ABANDONMENT OF A PORTION OF SABAL LAKES ROAD DEDICATED BY ORB
(OFFICIAL RECORDS BOOK) 8225, PAGE 1362, LOCATED WITHIN SABAL LAKES
PHASE IV DEVELOPMENT.
The request involves abandoning a portion of Sabal Lakes Road measuring approximately 572' in length and
consisting of 40,000 square feet (0.918 acre). The abandonment area represents a portion of an improved right-
of-way which is part of the internal looped road system for Sabal Lakes Subdivision.
The abandonment of right-of-way request was submitted by Caulfield & Wheeler, Inc. on behalf of The
Westbrooke Partnership, the developer for Sabal Lakes Phase 4. The developer intends to incorporate the area
into the overall Sabal Lakes Phase 4 development which consists of 90 zero lot line single family homes.
Sabal Lakes Phase 4 is being platted concurrent with this abandonment request. The plat of Sabal Lakes Phase
4 replaces this portion Sabal Lakes Road with another publicly dedicated right-of-way. The new right-of-way will
be located south of and parallel to the existing entrance and provide a second entry and exit point to the
subdivision.
The City's Environmental Services Department (ESD) has identified an 8" water main and an 8" sewer main
within the abandonment area. Florida Power and Light (FP&L) has identified an underground feeder that runs 1'
outside the east right-of-way of Sabal Lakes Road. ESD has no objection to the abandonment as long as the
water main and sewer main are relocated prior to final action by the City Commission. At the Planning and
Zoning public hearing, Mr. Walter Hurley, President of the Sabal Lakes Phase III Homeowners Association
stated that in addition to FP&L lines, cable lines were installed within the past 6 months. Contrary to this
statement, Adelphia Cable responded to the City's Utility Notification request that they did not identify any
facilities within the proposed abandonment area. In the event that cable lines are located within the
abandonment area, they will also need to be relocated along with identified facilities (City Water, Sewer and
FP&L feeder lines). BellSouth and Florida Public Utilities Company did not identify any facilities within the
abandonment area; therefore, they have no objection to the abandonment.
At its meeting of February 24, 2003, the Planning and Zoning Board considered the request at a public hearing.
Chairman Sowards opened the public hearing and various residents from the Sabal Lakes Development stated
their concerns and opposition to the abandonment. Their primary concern was the safety of school aged
children traversing to school and the inconvenience of not having a road until the new road is constructed. After
closing the public hearing, Ms. Morris inquired if a condition was needed to ensure that the walkway for the
children will be provided. Chairman Sowards responded that those improvements will be addressed with the plat
and requested that an additional condition be considered to ensure that interruptions of any services to the
existing residents be minimized. After further deliberations, the Board voted 6-0 to recommend approval subject
to the following conditions:
1. That the City's existing 8" water and sewer mains be relocated and the newly dedicated roadway be
constructed prior to the recording of the Abandonment Resolution; and,
2. That the Abandonment Resolution and Final Plat for Sabal Lakes Phase 4 be considered concurrently
for final action by the City Commission.
3. That FP&L and Adelphia Cable facilities (if identified) be relocated and replacement easements be
provided. <~
4. That any interruptions of services to the existing residents due to relocation be minimized.
City Commission Documentation
Meeting of April 15, 2003
Sabal Lakes Road Abandonment
Page 2
RECOMMENDED
By motion, approve the abandonment of a porbon of Sabal Lakes Road dedicated by ORB 8225, Page 1362
based upon positive findings with respect to LDR Section 2.4.6(0)(5) and hold the resolution for abandonment
from recordation until the replacement right-of-way is constructed and all facilities are relocated.
Attachments: · Location Map
· Abandonment Resolution
· Planning & Zoning Staff Report of February 24, 2003
S:\ P&Z~boards\citycommission\Sabal Lakes Abandonment-CCDoc.doc
RESOLUTION NO. 22-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA VACATING AND ABANDONING A
PORTION OF SABAL LAKES ROAD, LOCATED WITHIN SABAL
LAKES PHASE 4 DEVELOPMENT, AS MORE PARTICULARLY
DESCRIBED BY EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida received an application for an
abandonment of a portion of Sabal Lakes Road, located within Sabal Lakes Phase 4
Development, as more particularly described in Exhibit "A", attached hereto; said Sabal
Lakes Phase 4 Development being located on the northeast comer of Barwick Road and
Lake Worth Drainage District Canal L-31.
WHEREAS, 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 Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(0)(3)(d), the Planning and
Zoning Board, as Local Planning Agency, formally reviewed the matter at a
public hearing on February 24, 2003 and voted 6 to 0 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 positive findings pursuant to LDR Section 2.4.6(0)(5).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
reference.
The foregoing recitals are hereby incorporated herein by this
Section 2. That pursuant to Section 177.101(5) and Chapter 166 of the
Florida Statutes, it is hereby determined to vacate and abandon all right and interest it
holds to the following real property, described in Exhibit "A".
PASSED AND ADOPTED in regular session on this the __ day of April, 2003.
ATTEST:
MAYOR
City Clerk
CANAL L-50
~ANYAN CREEK
ELEMEN TAR Y
SCHOOL
PHASE ONE
188-189
RI~ERA
sABAL
AK
ROM)
P~.AT
CANAL L-31
PGS
CIRCLE
~,~RIOCK
PARK
LAKE
ROAD
EL
CITY ~F DE]RAY BF. AO.I, FL
PLANNING & ZONING DE:PAR*It, lENT
ABANDONMENT OF RIGHT-OF-WAY
- A PORTION OF SABAL LAKES ROAD -
i LEGEND I
T.V. - TELEVISION
L - ARC LENGTH TWP. - TOWNSHIP
COP. - CORNER P.O.C. - POINT OF
A- DELTA ANGLE COMMENCEMENT
R - RADIUS P.B, - PLAT BOOK
P,C, - POINT OF CURVATURE
DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42'EAST, PALM BEACH COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF BARWICK ROAD AND THE SOUTH
RIGHT-OF-WAY LINE OF BANYAN CREEK ROAD, AS SHOWN ON "SABAL LAKES PHASE ONE", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 60, PAGES 188 AND 189 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE S 89' 06' 00" E ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 507.02 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUING S 89' 06' 00" E, A DISTANCE OF 150.00 FEET; THENCE SOUTHWESTERLY ALONG THE
ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS S00'54'00"W, HAVING A RADIUS OF 25.00 FEET, A CENTRAL
ANGLE OF 90' 00' 00", AN ARC LENGTH OF .39.27 FEET TO A POINT OF TANGENCY; THENCE S 00' 54' 00" W, A
DISTANCE Of 87.62 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 260.00 FEET, A CENTRAL ANGLE OF 80' 10' 12", AN ARC LENGTH OF 563.80 FEET TO A
POINT OF TANGENCY; THENCE S 79' 16' 12" E, A DISTANCE OF 50.59 FEET; THENCE S 15' 0.3' 50" W, A DISTANCE OF
59.00 FEET; THENCE S 00' 40' 20" W, A DISTANCE OF 1.18 FEET; THENCE N 79' 16' 12" W, A DISTANCE OF 49.80 FEET
TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
540.00 FEET, A CENTRAL ANGLE OF 80' 10' 12", AN ARC LENGTH OF 475.74 FEET TO A POINT OF TANGENCY: THENCE
U 00' 54' 00" E, A DISTANCE OF 67.55 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF
A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90' 00' 00", AN ARC LENGTH OF .39.27
FEET TO THE POINT OF BEGINNING.
CONTAINING 40,000 SQUARE FEET / 0.918 ACRES, MORE OR LESS.
SAID LAND SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
NOTES:
REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER
INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF THE RIGHT-OF-WAY FOR SABAL LAKES ROAD, AS
SHOWN ON "SABAL LAKES PLAT ONE", AS RECORDED IN PLAT BOOK 60 , PAGES 188 AND 189, BEARING S89'06'00"E.
4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD
SURVEY AS SUCH.
CERTIFICATE:
HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE AUO BELIEF AS PREPARED UNDER MY DIRECTION ON DECEMBER 20, 2002. I
FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN
CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES
472.027.
i7CAULFIELD & WHEELER, INC.
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
30lA W. PALMETTO PARK ROAD - SUITE 100A
BOCA RATON, FLORIDA 33L~33
PHONE (561)-392-1991 / FAX (561)-750-I,g52
SABAL LAKES DRIVE ABANDONMENT
SKETCH OF DESCRIPTION
DAVID P. LINDLEY
IIREGISTERED LAND
llllSURvEYoR No. 5oo5
IISTATE OF FLORIDA
IIL. B 3591
SHEET 1 OF 2
DATE 12/20/02
DRAWN BY TMM
F.B./ PG. N/A
SCALE AS SHOWN
JOB NO. 4506
LEGEND I
T,V.- TELEVISION
~L - ARC LENGTH TWP. - I'OWNSHIP
COR.- CORNER P.O,C. - POINT OF
A- DELTA ANGLE COMMENCEMENT
R - RADIUS P.B. - PLAT BOOK
P,C. - POINT OF CURVATURE
,}
GRAPHIC SCALE
1 O0 0 50 1 O0
( IN FEET )
NI
Z~== 80'10'12"
L=475.74.'
N79'16'12"W
4-9.80'
S00'40'20"W
1.18'--
SABAL LAKES ' PHASE THREE
(PLAT BOOK 72, PAGES 180-182)
SHEET 2 OF 2 //
BARWICK ROAD
POINT OF
BEC, Il
Z~=90'O0'00"
R=25.00'~
L=39.27'
67,;
S00'54'00"I
87.62'
Z~=90'O0'O0"
R=25.00'
L=39,27'
Z~==80~0'12"
R=260,00'
L=363.80'
S7916'12"E
50.59'
S15'03'50"W
~ 60.00'
1~~7CAULFIELD 8, WHEELER, INC.
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
30IA W. PALMETTO PARK ROAD - SUITE 100A
BOCA RATON, FLORIDA 53L~33
PHONE (56I)-39Z-1991 / FAX (561)-750-1/-+52
SABAL LAKES DRIVE ABANDONMENT
SKETCH OF DESCRIPTION
S.W. CORNER
SABAL LAKES
PHASE ONE
(PLAT BOOK 60,
PAGES 188,,189)
RADIAL
BEARING
LAKES PHASE ONE
(PLAT BOOK 60,~PAGES 188,189)
I DAWD P. UNDLE¥ I
IIREGISTERED LAND II
II IlSU v o .o. OO ll
IISTATE OF FLORIDA II
IIL.B. 5591 II
DATE 12/20/02
DRAWN BY TMM
F.B./ PO. N/A
SCALE AS SHOWN
JOB NO. 4306
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
February 24, 2003
IV.C.
Abandonment of the Sabal Lakes Road Right-of-Way, Lying Within
Phase IV of the Sabal Lakes Development, Which is Located at the
Southeast Corner of Barwick Road and Sabal Lakes Road
(Quasi-Judicial Hearing).
GENERAL DATA:
Owner/Applicant ........................ The Westbrooke Partnership,
A Florida General Partnership
Agent ...................................... Caulfield & Wheeler, Inc.
cio Michael Covelli
Location ...................................... Located at the Southeast
Corner of Barwick Road and
Sabal Lakes Road.
Property Size .............................. 0.918 Acre
Future Land Use Map ................ LD (Low Density
Residential, 0 - 5
Units/Acre)
& MD (Medium Density
Residential,
5- 12 Units/Acre)
Current Zoning ............................ PRD (Planned Residential)
Adjacent Zoning ................ North: PRD (Planned Residential) &
CF (Community Facilities)
East: PRD (Planned Residential)
South: R-l-AA (Single Family
Residential)
West: R-l-AA & R-l-AAA (Single
Family Residential) & County
AR (Agricultural)
Existing Land Use ...................... Improved right-of-way (portion
of Sabal Lakes Road)
Proposed Land Use .................... Abandonment of existing
roadway and realignment and
replacement with a newly
dedicated roadway as shown
on the proposed plat,
associated with Sabal Lakes
Phase 4 development.
Water Service ............................. Available connection via an
existing 8" water main,
located with Sabal Lakes
Phase II1.
Sewer Service ............................. Available connection via
an 8" sewer main, located
within Sabal Lakes Phase III.
IDA
IV.C.
The item before the Board is that of making a recommendation to the City
Commission on the abandonment of a portion of Sabal Lakes Road dedicated by
ORB (Official Records Book) 8225, Page 1362, located within Sabal Lakes
Phase IV development. The development is located east of Barwick Road, north
of the Lake Worth Drainage District (L.W.D.D.) Canal L-31.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(O), Abandonment of Rights-of-Way.
On April 26, 1988, the City Commission approved the Master Development Plan
and Master Plan Narrative for Sabal Lakes, a planned residential development
consisting of a total of 462 residential units. The PRD (Planned Residential
Development) was to be constructed in four phases. The plat for Sabal Lakes
Phase One was recorded on September 23, 1988. Phase One dedicated the
majority of "looped road", Sabal Lakes Road, from the entranceway from Barwick
Road through to the western terminus of Phase One. Sabal Lakes Phase Two
was recorded on June 11, 1993 and dedicated Sabal Lakes Road from the point
where Phase One ended, through Phase Two. Sabal Lakes Phase Three was
recorded on June 23, 1994 and dedicated the lower looped portion of Sabal
Lakes Drive. Since Sabal Lakes Phase 4 was not platted at that time, the
remainder of Sabal Lakes Road which completed this internal looped road
system was dedicated by Right-of-Way Deed (ORB 8225, Page 1362) in April of
1994 as a condition of Phase Three development.
Presently, Sabal Lakes Phase 4 is being platted concurrent with this
abandonment request. According to the plat of Sabal Lakes Phase 4, this
portion Sabal Lakes Road, proposed for abandonment, will be replaced with
another publicly dedicated right-of-way. The new right-of-way will be located
south and parallel to the existing entrance and provide two entry and exit points
to the subdivision.
The item before the board is to abandon the public right-of-way through Phase 4
which was dedicated by special instrument (Right-of-Way Deed).
The portion of right-of-way proposed for abandonment varies in width from 60' to
80', measures approximately 572' in length and consists of 40,000 square feet
(0.918 acre). The abandonment area represents a portion of an improved right-
of-way which is part of an internal looped road system.
Planning and Zoning Board Staff Report
Sabal Lakes Road Abandonment
Page 2
The abandonment request was submitted by Caulfield & Wheeler, Inc. on behalf
of The Westbrooke Partnership, the developer for Sabal Lakes Phase 4. The
developer intends to incorporate the area into the overall Sabal Lakes Phase 4
development which consists of 90 zero lot line single family homes.
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, Le. property dedicated exclusively from a single parcel
shah be returned to that parcel; property dedicated through subdivision
shaft be divided at the center line and returned equally to abutting parcels.
The proposed abandonment area represents a portion of an internal looped road
system. It was deeded exclusively from a single parcel. By abandoning this
area, the property will be returned to the parcel from which it was originally
obtained; therefore, the developer is entitled to the entire abandonment area.
Utility Services
Adelphia Cable, BellSouth, and the Florida Public Utilities Company did not
identify any facilities within the abandonment area; therefore, they have no
objection to the abandonment. Florida Power and Light (FP&L) has identified an
underground feeder that runs 1' outside the east right-of-way of Sabal Lakes
Road. FP& L has no objection to the abandonment as long as the existing
facilities be relocated and accommodated by utility easements on the proposed
plat for Sabal Lakes Phase 4.
The City's Environmental Services Department (ESD) has identified an 8" water
main and an 8" sewer main within the abandonment area. ESD does not object
to the abandonment as long as the water main is relocated prior to final action by
the City Commission. This will be a condition of approval.
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.
The portion of right-of-way proposed for abandonment will be replaced with a
rededicated public right-of-way as shown on the proposed plat of Sabal
Lakes Phase 4. The use of the right-of-way for public purpose will continue
to be served with this rededication.
Planning and Zoning Board Staff Report
Sabal Lakes Road Abandonment
Page 3
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The subject abandonment will not prevent access to any parcel, as all
affected parcels will still have primary access from the remainder of Sabal
Lakes Road. As previously mentioned, with the rededication of this right-of-
way as shown on the plat of Sabal Lakes Phase 4, access to all lots and
streets within the development will not be negatively affected. While
vehicular access is removed with the abandonment of this portion of Sabal
Lakes Road, pedestrian access through a dedicated open space tract (Tract
L4) will continue to be available and contain a new pedestrian sidewalk
connection between Lots 80 and 81 (on the proposed plat) connecting to the
existing sidewalk system on Sabal Lakes Road. The provision of this new
connection is to address the concern with pedestrian safety of school age
children traversing the property to access Banyan Creek Elementary School
to the north.
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.
All existing utilities will be accommodated through the dedication of utility
easements on the plat of Sabal Lakes Phase 4; therefore, the provision of
utility services to adjacent properties, the general area and future
development will not be affected.
The development proposal is not within the geographical area requiring review
by the CRA (Community Redevelopment Agency), the DDA (Downtown
Development Authority) or HPB (Historic Preservation Board).
Courtesy Notices:
Courtesy notices have been provided to the following groups:
0
0
[]
0
PROD - Progressive Residents of Delray
United Property Owners Association
Lake Forest
Sabal Lakes Homeowners Association (Phases One-Three)
Barwick Estates
Chatelaine
Country Manor
Planning and Zoning Board Staff Report
Sabal Lakes Road Abandonment
Page 4
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.
By abandoning this portion of right-of-way and replacing it with a rededicated
right-of-way as shown on the proposed plat for Sabal Lakes Phase 4, the public
use of this right-of-way continues to be served and access will not be negatively
affected. All existing utilities will be relocated and any future utilities will be
accommodated by utility easements on the plat within the newly dedicated
roadway.
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) with conditions.
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).
By motion, recommend to the City Commission approval of the abandonment of
a portion of Sabal Lakes Road dedicated by ORB (Official Records Book) 8225,
Page 1362, located within Sabal Lakes Phase IV development, based upon
positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following
conditions:
1. That the City's existing 8" water and sewer mains be relocated and the
newly dedicated roadway be constructed prior to the recording of the
Abandonment Resolution; and,
2. That the Abandonment Resolution and Final Plat for Sabal Lakes Phase 4
be considered concurrently for final action by the City Commission.
Attachments:
· Location Map
· Legal Description & Reduced Survey
File: S:\Planning&Zoning\Boards\P&Z\WSabal Lakes Road Abandonment.doc
February l6,2003
PlanningandZoningDepartmentOffice
City Hall
100NWl~Avenue
Delray Beach, FL 33444
RE: Public Notice #2003-082
Notice of Abandonment of Right-of-Way
We are submitting this letter in response to the "Notice of Abandonment of Right-of-
Way" regarding Sabal Lakes Road in the Sabal Lakes Development in Delray Beach.
We live on Laurelwood Lane in Sabal Lakes Phase III, which is most easily accessed by
the portion of Sabal Lakes Road for which an abandonment of right-of-way has been
requested by the developers of Sabal Lakes Phase 4.
If this request should be granted, it would be a great hardship for all homeowners in the
Sabal Lakes Phase IH division. There is already a great build-up of traffic in the morning
at the entrance to the Sabal Lakes development because of Banyan Creek Elementary
School. We sometimes wait up to 10 minutes to exit the development in the morning due
to this situation. If the abandonment of the portion of Sabal Lakes Road leading to Phase
III were to be granted, the traffic situation in front of the school would become
unbearable. That would mean that all traffic from Phase, I, II & III would have only one
exit route. That, in itself, is reason enough to deny this request for abandonment. To
have hundreds of homeowners relying on one entrance and exit to the development
would be unsafe.
We respectfully request that this abandonment request be denied so that all homeowners
in the Sabal Lakes development can continue to have safe and convenient access to their
property.
Sincerely yours,
Linda Sosnowsky
4050 Laurelwood Lane
Delray Beach, FL 33445
(561) 637-3716
RECE!VED
FEB ! 9 2003