TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: October 1, 2024
Title
RESOLUTION NO. 192-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN APPEAL PURSUANT SECTION 5.3.1(A)(7) OF THE LAND DEVELOPMENT REGULATIONS; GRANTING A REDUCTION IN RIGHT OF WAY WIDTH FOR SE 8TH STREET AND ELIMINATING THE REQUIRED RIGHT-OF-WAY DEDICATION FOR THE PROPERTY LOCATED AT 731 SE 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL)
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Recommended Action:
Recommendation
Review and consider Resolution No. 192-24, of an appeal to Land Development Regulations (LDR) Section 5.3.1(A) to allow a reduction of a right-of-way along the north side of SE 8th Street associated with the property located 731 SE 4th Avenue.
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Background:
An application was submitted on June 26, 2024, to reduce the right of way width dedication required on the southern property line of the Lot on SE 8th Street from 5 feet to 0 feet. The property consists of Lot 25 and 26, and a single-family dwelling unit exists on both lots. The property is zoned Single Family Residential District (R-1-A).
LDR Section 5.3.1(A), Right-of-way Dimensions and Dedication required, states "Right-of-way dimensions and dedications, whether public or private, shall be consistent with Table MBL-1 "Street Network and Classification and Improvements" of the Mobility Element, providing for coordinated rights-of-way dedications with the Florida Department of Transportation and Palm Beach County." Table MBL-1 sets forth 50 feet as the ultimate right of way width for other streets with curb or/and gutter.
LDR Section 5.3.1(A)(3), states "When development is adjacent to an existing or planned street, the development shall be responsible for providing one-half of the ultimate right-of-way or such portion of the ultimate right-of-way which is yet undedicated and which is on that development's side of the ultimate right-of-way center line. In situations where there are unusual topographic features, greater or lesser dedications may be required." The required right-of-way width for SE 8th Street is a minimum of 50 feet, which would require a dedication of 5 feet adjacent to the south property line. The Applicant is requesting a reduction of the right-of-way of SE 8th Street from the required 50 feet to remain as the platted 40 feet.
LDR Section 5.3.1(A) (7), Reduction in width, states "A reduction in the required right-of-way width may be granted by the body having the approval authority of the associated development application in developments in which new streets are created. For existing streets, reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Management Services Group (DSMG). Reductions in the required right-of-way width may be granted pursuant to the following:
(a) The reduction is supported by the City Engineer. Nonsupport by the City Engineer may be appealed to the City Commission.
(b) That requiring full dedication would constitute a hardship in a particular instance and that all required improvements will be provided in a manner which will not endanger public safety and welfare.
(c) That acceptable, alternative provisions are made to accommodate features which would otherwise be accommodated within the right-of-way e.g. alternative drainage systems, alternative pedestrian walkways, alternative on-street parking, etc."
It is important to note that although the request would minimize the required ROW width for SE 8th Street, the required 15-foot side street setback will remain. No previous dedications have been granted for SE 8th Street to meet the required 50-foot minimum width.
On August 8, 2024, the right-of-way request was reviewed by the Development Services Management Group (DSMG), and denied by a vote 7-1. The Board did not find positive findings for a hardship and noted that the required width is necessary to accommodate the required easements.
On August 14, 2024, the Applicant filed an appeal of the decision of the DSMG.
City Attorney Review:
Approved to form and legal sufficiency.
Funding Source/Financial Impact:
N/A
Timing of Request:
N/A