TO: Mayor and Commissioners
FROM: Tim Stillings, Director of Planning and Zoning
THROUGH: Donald B. Cooper, City Manager
DATE: April 19, 2016
Title
S.W. 2ND AVENUE ABANDONMENT - RESOLUTION NO. 17-16
Body
Recommended Action:
Recommendation
Motion to Approve Resolution No. 17-16 *(Formerly Resolutuon No. 25-14) to abandon a portion of the road right-of-way of SW 2nd Avenue, and finding that the privately initiated request and approval is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations.
Body
Background:
The proposed privately initiated abandonment consists of the portion SW 2nd Avenue right-of-way located south of SW 7th Street. This portion of the right-of-way was dedicated by the plats of Nichols First Addition to Delray Beach, Florida (PB 21, Page 69) and Nichols Second Addition to Delray Beach, Florida (PB 21, Page 70), which were recorded on March 5, 1947. The area to be abandoned is 50 feet wide by approximately 141 feet deep.
While the right-of-way contains existing utilities, it is unpaved, so it does not provide access to the adjacent properties. To accommodate existing utilities in the right-of-way, a general utility easement will be retained over the southern 5 feet of the abandonment area and a 12-foot wide water easement will be dedicated to the City by a separate Easement Deed to accommodate an existing water main located on the western side of the right-of-way.
On May 19, 2014, the abandonment was reviewed by the Planning and Zoning Board and recommended approval on a vote of 6 to 1 (Spodak dissenting). A full analysis of the proposed abandonment, including the required findings, is provided in the attached Planning and Zoning Board staff report.
At its meeting of July 1, 2014, the City Commission considered the abandonment and voted 3 to 2 (Jacquet, Frankel dissenting) to postpone. The direction of the City Commission was to analyze the potential for use of the abandonment area for a public purpose such as a pocket park or community garden and to seek input from neighborhood leaders on their opinion of the proposed abandonment.
The Planning and Zoning Department has received the attached e-mail from the Parks and Recreation Department that indicates there is no immediate plan to establish a pocket park within the right-of-way. Further, the conversion of a previously platted road as a public right-of-way cannot be converted to a use for which is it was not originally dedicated. Thus, the City Commission has the option to deny the abandonment with the intention that the road will be improved at some time in the future or abandoned to the adjacent property owners.
Pursuant to LDR Section 2.4.6(M)(1), public right-of-way may be abandoned (returned) to the fee description of 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 subject road right-of-way was dedicated by two plats with the dividing line located at the centerline of the right-of-way. The owners of the adjacent properties (Lot 9, Nichols First Addition to Delray Beach, Florida and Lot 18, Nichols Second Addition to Delray Beach, Florida) are each entitled to 25 feet of the abandoned area.
Since the right-of-way dead-ends just south of SW 7th Street, and there is no way to continue the roadway through the property to the south to connect to SW 8th Street, the City has no plans to pave this portion of SW 2nd Avenue. The right-of-way is not needed for access to the surrounding properties, and while the right-of-way does include existing utilities, these can be accommodated within utility easements.
The City Environmental Services Department (ESD) has reviewed the request and has no issues with the abandonment provided utility easements are retained or dedicated to accommodate existing utilities. A 12-foot wide water easement will be dedicated by Easement Deed to accommodate an water main located on the western side of the road right-of-way. To roughly center the water main within the 12-foot easement, it is necessary to include a portion of the applicant’s property to the west within the easement. City Commission acceptance of this easement has been included as a separate item on this agenda. The utility companies (Florida Public Utilities, AT&T, Comcast, and FP&L) have been notified and have no objection to the abandonment provided an easement is retained over the southern 5 feet of the abandonment area. This easement is a continuation of a 5-foot easement located within the plats to the east and west of the abandonment area.
With these two easements, the provision of utilities will not be affected in this area and there is no further public purpose for the existing right-of-way. Therefore, a positive finding can be made with respect to LDR Section 2.4.6(M)(5) and the request can be supported. With the abandonment, the property within the right-of-way will be included within the adjacent lots and returned to private ownership.
Board Comments:
Based on the City Commission discussion on July 1, 2014, there was no clear position on the dissenting members (Jacquet, Frankel) to oppose the postponement.
City Attorney Review:
Approved as to legal form and sufficiency.