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
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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.
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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 Commissi...
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