title
ITEM: ABANDONMENT OF A PORTION OF A LIMITED ACCESS EASEMENT ALONG GREENBRIAR BOULEVARD FOR REAR PROPERTY ACCESS FOR 14451 EQUESTRIAN WAY
REQUEST: Approval of the abandonment of a portion of the Limited Access Easement along Greenbriar Boulevard.
body
EXPLANATION: The owner of the property located at 14451 Equestrian Way wants to abandon a portion of the limited access easement, as shown in Attachment #1, along his rear property line in order to access his property from Greenbriar Boulevard. The existing manure bin and barn are located near the rear of the property and the property owner wants to access these ancillary facilities from Greenbriar Boulevard. A Location Map and Site Plan are provided herein as Attachments #2 and #3, respectively. A copy of the complete application is provided as Attachment #8.
This lot is a residential lot with double road frontage and is part of the Saddle Trail Park subdivision. The plat for this development (Attachment #4), including this lot (Block 82, Lot14), was recorded in 1980 and shows a 6 ft. limited access easement along the rear property line along Greenbriar Boulevard. The limited access easement originally was dedicated to Palm Beach County and subsequently to Wellington upon incorporation of the Village. The purpose of the limited access easement is to limit/control/prevent access points along Greenbriar Boulevard and promote the efficient and safe movement of traffic along Greenbriar Boulevard. The limited access easement exists today and, according to the public record, has never been abandoned or permitted for use by either Palm Beach County or the Village of Wellington. In order to install an access point along the rear property line, Village Council must approve the access point by abandoning a portion of the limited access easement and the Village Engineer must approve a driveway permit. The driveway must be either concrete or asphalt and must conform to Wellington's Engineering Standards.
According to property records, this lot was developed between 1993 and 1995, prior to the incorporation of the Village. The approved fence plans (Attachment #5) included a gate (size not shown) at the access location requested. Today, there is an existing 8 ft. wide gate at the access location requested. However, abandonment of a portion of the limited access easement and issuance of a driveway permit at this location (or any location) have never been granted by either Palm Beach County or the Village of Wellington. Accordingly, a concrete or asphalt driveway has never been constructed.
Pursuant to the Land Development Regulations (Attachment #6) in place at the time of platting (1980), all access points for double frontage residential lots shall be from local/residential streets and limited access easements shall be placed along the property line abutting the collector (Greenbriar is considered a collector) or arterial street. Further, there shall be no more than two (2) access drives allowed per lot. Today, there are two (2) existing access drives for this lot (the maximum allowed) along Equestrian Way.
According to Wellington's current Land Development Regulations (Attachment #7), a maximum of two (2) access drives are permitted for residential lots. The Village Engineer may permit a third access drive for lots with a total area greater than 1.75 acres, provided it does not adversely impact public health, safety and welfare. The size of this lot is 1.961 acres. Further, access for double frontage lots shall be from local/residential streets and a limited access easement be placed along land line that abuts either the collector or arterial road.
Based upon review of the application request, various codes and regulations and engineering standards, it is the Village Engineer's recommendation to deny the approval of an access point along Greenbriar Boulevard for 14551 Equestrian Way for the following reasons:
1) The proposed access drive conflicts with the adopted policies at the time the subdivision was platted and today;
2) The proposed access drive will adversely impact the flow of traffic and public safety, especially since vehicles must either back in or back out of the property and vehicles must stop in the through lane in order to open the gate;
3) The proposed access drive is located on the interior of a horizontal curve with limited sight distance;
4) Allowing for the access point sets a precedent for additional access points along controlled access roadways with limited access easements - further adversely impacting the operation of the roadway.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: N/A
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Denial of the abandonment of a portion of the Limited Access Easement along Greenbriar Boulevard.