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07/02/2013 (2)
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07/02/2013 (2)
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Last modified
6/26/2018 2:20:22 PM
Creation date
3/23/2016 8:58:47 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/02/2013
Meeting Body
Board of County Commissioners
Book and Page
376
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H:\Indian River\Network Files\SL00000E\S0004NF.tif
SmeadsoftID
14220
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(W The subject 20' wide alley right-of-way was created by the 1904 J. T. Gray's Town of Gifford <br /> Subdivision plat recorded in Brevard County. That occurred prior to creation of Indian River <br /> County. The right-of-way now is within the jurisdiction of the Indian River County Board of <br /> County Commissioners. Although the alleyway was never improved as a street/alley,drainage and <br /> utility improvements were constructed within the right-of-way. <br /> At this time,the applicant requests that the subject alleyway be abandoned. Because the subject site <br /> and the adjacent properties to the north, south, and east are zoned CG, General Commercial, the <br /> applicant has indicated that the abandonment will facilitate future commercial development of his <br /> lots and other lots in the area,potentially allowing commercial lots fronting on Old Dixie Highway <br /> to be combined with commercial lots fronting on US 1. <br /> ANALYSIS: <br /> Consistent with guidelines established by the Board of County Commissioners, this petition was <br /> reviewed by all county divisions and utility providers having jurisdiction or potential interests within <br /> the subject 20'wide alley right-of-way. Upon review,county Utility Services advised that there is a <br /> gravity sewer main running within the right-of-way, and Public Works has indicated that a county <br /> drainage project will use a portion of the right-of-way. Therefore,Utility Services and Public Works <br /> recommend that the entire right-of-way be retained as a drainage and utility easement to <br /> accommodate drainage and utility uses. All other jurisdictional agencies have reviewed and <br /> approved the proposed abandonment without conditions. <br /> (W <br /> While the recommended easement willreclude the location of buildings gs within the abandoned <br /> right-of-way area, owners of affected lots will get greater use of their lots, since the easement may <br /> be used to satisfy setback and open space requirements. Thus, the abandonment will increase the <br /> building envelope on abutting lots to the west. Subject to a condition that a drainage and utility <br /> easement be retained over the entire subject segment of right-of-way, all county divisions <br /> recommend approval of the abandonment. <br /> As platted,the subject segment of alley right-of-way abuts 42nd Street to the south. Presently,42nd <br /> Street is a local street with 50' of right-of-way. Since the county's minimum local street right-of- <br /> way standard is 60',an additional 10' of right-of-way is needed;5' along the north side and 5' along <br /> the south side of 42nd Street. Retaining the southern 5' of the alley right-of-way will provide for the <br /> north side share of local road right-of-way needed for 42nd Street at the subject location. For that <br /> reason,the county is not abandoning the south 5' of the alley right-of-way immediately adjacent to <br /> 42nd Street. As structured, the attached abandonment resolution retains a 5' strip of right-of-way <br /> along the north side of 42nd Street and reserves a drainage and utility easement over the entire area of <br /> abandonment. <br /> As noted on the County Thoroughfare Plan,the subject right-of-way is not part of the county's major <br /> roadway system and is not needed for the thoroughfare system or for traffic circulation in the <br /> surrounding neighborhood. In this case, the subject alley does not provide access to any property. <br /> Since each of the adjacent lots has access to roads at the front of the lot,the abandonment will not <br /> affect the right of convenient access to surrounding properties. Also,the County Attorney's Office <br /> �r has reviewed and approved the attached abandonment resolution for legal form and sufficiency. <br /> FACommunity Deve1opment\CurDev\BCC\2013 BCC\KiteROWAstaffreport.doc 96 <br />
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