Res 34-04RESOLUTION NO. 34-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF CANAL STREET RIGHT-
OF-WAY, LOCATED AT THE NORTHEAST CORNER OF
N.E. 1sT STREET AND THE INTRACOASTAL WATERWAY,
AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of Canal Street right-of-way, located at the northeast comer of N.E. 1st
Street and the Intracoastal Waterway, as more particularly described herein; and
WHEREAS, said application for abandonment of a general public right-of-way was
processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of De[ray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public heating on April 19, 2004,
and voted 4 to 0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(0)(5) and Policy B-1.4 of the Coastal Management Element of the
City's Comprehensive Plan; and
WHEREAS, the City Commission of the City of De[ray Beach, Florida, finds that
its interest in the described property is no longer needed for the public good and deems it to be in
the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon
positive findings pursuant to LDR Section 2.4.6(0)(5),.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all
right and interest it holds to the follow'rog real property for right-of-way purposes only, as more
particularly described as follows:
THAT PORTION OF CANAL STREET, SHOkVN ON THE
MAP OF THE TOWN OF LINTON (NOW DELRAY BEACH)
RECORDED IN PLAT BOOK 1, PAGE 3, LYING EAST OF
AND ADJACENT TO LOTS 8, 9 AND 10 OF PARK COURT
SUB-DIVISION, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 10, PAGE 74, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
Containing 7,906 square feet (0.182 acre), more or less.
PASSED AND ADOPTED
2004.
ATrEST:
City Clerk
regular session on this the ~ day of
¥ o -
2 Resolution No. 34-04
IIIIIIIIIIIIIIIIIIIIIll
CFN 20040266303
OR BK 16939 PG 1297
RECORDED 85/11/2~4 16:13:17
Pala Beach County, Florida
Dorothy H ¥ilken, Clerk of Court
RESOLUTION NO. 34-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF CANAL STREET RIGHT-
OF-WAY, LOCATED AT THE NORTHEAST CORNER OF
N.E. 1sT STREET AND THE INT1LACOASTAL WATERWAY,
AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of De[ray Beach, Florida, received an application for
abandonment of a portion of Canal Street right-of-way, located at the northeast comer of N.E. 1st
Street and the Intracoastal Waterway, as more particularly described herein; and
WHEREAS, said application for abandonment of a general public right-of-way was
processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of De[ray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public heating on April 19, 2004,
and voted 4 to 0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(0)(5) and Policy B-1.4 of the Coastal Management Element of the
City's Comprehensive Plan; and
WHEREAS, the City Commission of the City of De[ray Beach, Florida, finds that
its interest in the described property is no longer needed for the public good and deems it to be in
the best interest of the City of De[ray Beach to vacate and abandon said right-of-way, based upon
positive findings pursuant to LDR Section 2.4.6(0)(5),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The foregoing recitals are hereby incorporated herein by tlxis
reference.
Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the De[ray Beach City Commission to vacate and abandon all
right and interest it holds to the following real property for right-of-way purposes only, as more
particularly described as follows:
THAT PORTION OF CANAL STREET, SHOWN ON THE
MAP OF THE TOWN OF LINTON (NOW DEL1CAY BEACH)
RECORDED IN PLAT BOOK 1, PAGE 3, LYING EAST OF
AND ADJACENT TO LOTS 8, 9 AND 10 OF PARK COURT
SUB-DIVISION, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 10, PAGE 74, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
Containing 7,906 square feet (0.182 acre), more or less.
PASSED AND ADOPTED in
· 2004.
regular session on this the ~ day of
6//_./~v~/~ y o ~-- ',,..
ATTEST:
City Clerk
2 Resolution No. 34-04
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER__
.GUYEN TRAN, SEN OR PLANNER
MEETING OF MAY 4, 2004 ***CONSENT AGENDA***
ABANDONMENT OF A PORTION OF CANAL STREET RIGHT-OF-WAY LYING
ADJACENT TO LOTS 8, 9, AND 10, PARK COURT SUB-DIVISION, LOCATED
AT THE NORTHWEST CORNER OF N.E. 1sT STREET AND THE
INTRACOASTAL WATERWAY.
The portion of Canal Street proposed for abandonment measures 50' wide by 158.13' long and
contains approximately 7,906 square feet. Canal Street right-of-way was dedicated on the plat of
Park Court Sub-division (Plat Book 10, Page 74) and the proposed abandonment area is adjacent to
Lots 8, 9 & 10 of Park Court Sub-division.
The abandonment request was submitted by Porten Custom Homes, L.C., current owners Lots 7, 8, 9
and 10 of Park Court Sub-division. The applicant has received Site Plan approval for a 4 unit
townhouse development named Harbour House (f.k.a. Banyan House) and is currently seeking Plat
approval. The abandonment was listed as a condition of plat approval and is currently before the City
Commission for approval in conjunction with the Harbour House Plat. It should be noted that this
formal abandonment process is only to vacate and abandon the City's rights/interests in this right-of-
way and not the assignment of returned property.
Currently, Canal Street is unimproved and has not been utilized for access for many years. An 8"
sanitary sewer main is located within the subject area and a Grant of Easement Deed has been
executed by Porten Custom Homes, L.C. to cover this existing main. The Grant of Easement Deed
will be accepted in conjunction with this abandonment request. All existing and proposed utilities
have been accommodated on the plat with the dedication of Tract "A" for utility purposes.
At its meeting of April 19, 2004, the Planning and Zoning Board considered the request at a public
hearing. There was no public comment concerning this item. After reviewing the staff report and
further discussion, the Board voted 4-0 (Jill Woehlkens-Stepped Down, Joseph Pike-Absent, Diane
Borchardt-Absent) to recommend approval based upon positive findings with respect to LDR Section
2.4.6(0)(5) and the Goals, Objectives and Policies of the Comprehensive Plan.
By motion, approve the abandonment of a 50' x 158.13' portion of Canal Street, lying adjacent to Lots
8, 9, and 10, Park Court Sub-division (PB 10, PG 74), located at the Northwest corner of N.E. 1st
Street and the Intracoastal Waterway, based upon positive findings with respect to LDR Section
2.4.6(0)(5) and the Goals, Objectives and Policies of the Comprehensive Plan.
Attachments:
· Abandonment Resolution
· P & Z Staff Report of April 19, 2004
s:~planning & zoning~boards\city commission\canal street abandonment.doc
RESOLUTION NO. 34-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF CANAL STREET RIGHT-
OF-WAY, LOCATED AT THE NORTHEAST CORNER OF
N.E. 1sz STREET AND THE INTRACOASTAL WATERWAY,
AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of Canal Street right-of-way, located at the northeast comer of N.E. 1~t
Street and the Intracoastal Waterway, as more particularly described her(m; and
WHEREAS, said application for abandonment of a general public right-of-way was
processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)0)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on April 19, 2004,
and voted 4 to 0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(0)(5) and Policy B-1.4 of the Coastal Management Element of the
City's Comprehensive Plan; and
WHEREAS, the City comrmssion of the City of Delray Beach, Florida, finds that
its interest in the described property is no longer needed for the public good and deems it to be in
the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon
positive findings pursuant to LDR Section 2.4.6(O)(5),.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all
right and interest it holds to the following real property for fight-of-way purposes only, as more
particularly described as follows:
THAT PORTION OF CANAL STREET, SHOWN ON THE
MAP OF THE TOWN OF LINTON (NOW DELRAY BEACH)
RECORDED IN PLAT BOOK 1, PAGE 3, LYING EAST OF
AND ADJACENT TO LOTS 8, 9 AND 10 OF PARK COURT
SUB-DiVISION, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 10, PAGE 74, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
Containing 7,906 square feet (0.182 acre), more or less.
PASSED AND ADOPTED in regular session on this the
., 2004.
day of
AITEST:
MAYOR
City Clerk
Resolution No. 34-04
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
---STAFF REPORT---
April 19, 2004
IV.B.
Abandonment of a Portion of Canal Street Right-of-Way Lying at the
Northwest Corner of N.E. 1st Street and the Intracoastal Waterway
(Quasi-Judicial Hearing).
GENERAL DATA:
Owner/Applicant ................. Porten Custom Homes, L.C.
Agent .............................. Kupi Eliopoulos Architects, Inc.
Location ............................... Northwest corner of N.E. 1st
Street and the Intracoastal
Waterway.
Property Size ........................ 0.17 Acre
Existing FLUM Designation.. MD (Medium Density
Residential, 5-12 du/ac)
Current Zoning ..................... RM (Multiple Family
Residential-Medium Density)
Adjacent Zonings ........ North: R-I-A (Single Family
Residential)
East: Intracoastal Waterway
South: OSR (Open Space &
Recreation)
West: RM (Multiple Family
Residential-Medium Density)
Existing Land Use ................ Unimproved right-of-way
(Intracoastal Waterway
ultimate right-of-way)
Proposed Land Use ............. Incorporation into Overall
Development Plan.
Water Service ...................... n/a
Sewer Service ...................... n/a
WATE'RWAY EAST
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a portion of Canal Street right-of-
way lying at the northeast corner of N.E. 1st Street and the Intracoastal
Waterway.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(O), Abandonment of Rights-of-Way.
Canal Street right-of-way was dedicated in December of 1924 with the
recordation of the plat of Park Court Sub-division (Plat Book 10, Page 74) as a
50' right-of-way. The subject portion of Canal Street is adjacent and east of Lots
8, 9, and 10 of Park Court Sub-division.
In the late 1920's (1928, 1929 and 1930), the Florida Inland Navigational District
(F.I.N.D.) surveyed the entire Florida East Coast Canal (now known as the
Intracoastal Waterway) from Miami to Jacksonville for the purpose of locating
certain tracts or parcels of land to be included within the proposed right-of-way
for the Intracoastal Waterway. According to Sheet 16A (Plat Book 17, Page 16A)
of the plat set for Palm Beach County, all of Canal Street north of Atlantic Avenue
was included within the proposed right-of-way for the Intracoastal Waterway.
The inclusion of Canal Street within the Intracoastal Waterway right-of-way does
not mean that Canal Street has been abandoned by the Intracoastal Waterway
plat, but that the west right-of-way line of the Intracoastal Waterway coincides
with the west right-of-way line of Canal Street.
Currently the subject right-of-way is unimproved and has been utilized as
additional side yard for the adjacent properties for many years. Approximately
59% of the area is dry land, with the remainder being water. A concrete seawall
is located approximately 35' east of the adjacent properties and a 6' high wood
fence was installed across the land between the sea wall and the west right-of-
way line of both Canal Street and the Intracoastal Waterway.
The portion of Canal Street right-of-way to be abandoned measures 50 feet in
width by 158.13 feet in length and contains approximately 7,906 square feet
(0.18 acres). The subject parcel represents the entire portion of Canal Street
right-of-way, adjacent to Lots 8, 9 and 10 of Park Court Sub-division.
The abandonment request was submitted by Porten Custom Homes, L.C.,
current owners Lots 7, 8, 9 and 10 of Park Court Sub-division. The applicant has
received Site Plan approval for a 4 unit townhouse development named Harbour
House (f.k.a. Banyan House) and is currently seeking Plat approval. The
Planning and Zoning Board Staff Report
Abandonment of a Portion of Canal Street ROW
Page 2
abandonment is listed as a condition of approval per the Plat. The applicant is
requesting that the City vacate and abandon all public interests in this right-of-
way so that the property could be utilized for setback purposes.
Pursuant to LDR Section 2.4.6(0)(1), public right-of-way may be abandoned
(returned) to the 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 mentioned, this formal abandonment process is only to vacate and
abandon all public interests in this right-of-way and not the assignment of
reverted property. It is a civil matter as to the ownership of abandoned/vacated
property.
Utility Services
An 8" sanitary sewer main is currently located within the proposed abandonment
area. The Environmental Services Department requested that a 20-foot utility
easement be placed over the centerline of the sewer main. A 20' sewer
easement has been dedicated on the proposed plat and in addition, an easement
deed was provided to cover this main.
Florida Power & Light was not able to determine if any facilities exist within Canal
Street right-of-way from the survey or from a field visit since they were not able to
get on the site. The area in question is along the north property line of Lot 10
bordering Lot 29 of an adjacent plat. Florida Public Utilities Company and the
City's Fire Department has reviewed the request and has no objection to the
abandonment. BellSouth and Adelphia Cable did not respond the request for
comments.
Any existing utilities (except the sewer main) will be removed or relocated into
Tract "A" of the Harbour House Plat, which has been dedicated for utility
purposes. The plat and abandonment will be forwarded for consideration by the
City Commission concurrently. Although BellSouth and Adelphia Cable did not
respond to the request for comments regarding the Abandonment, all utility
companies including BellSouth and Adelphia did respond to the notification of
utility provider form accompanied with the plat.
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment
being approved, the following findings must be made:
A) That there is not, nor will there be a need for the use of the right-of-way
for any public purpose.
Currently, the right-of-way is unimproved, and as previously mentioned,
approximately 59% of this portion of Canal Street right-of-way is dry land with
Planning and Zoning Board Staff Report
Abandonment of a Portion of Canal Street ROW
Page 3
the remaining 41% being water. The City has no plans on improving this
right-of-way for any public purpose.
Pursuant to Policy B-1.4 of the Coastal Management Element of the
City's Comprehensive Plan, The City shall retain all existing public
access to the Intracoastal Waterway, including street ends, and should
consider enhancement of the street ends as pocket parks with
reasonable use restrictions including limited hours of operation.
Northeast 1st Street is a dead end street with its terminus being the
Intracoastal Waterway. Immediately south of this dead end portion of NE 1st
Street is Veterans Park. Public access to the Intracoastal Waterway has
been retained to the north (approximately 1 block north) as well as to the
south through Veterans Park. Enhancements to the north consists of the
improvement to the street end with park benches through a F.I.N.D. (Florida
Inland Navigational District) Grant and Veterans Park improvements consists
of a paver brick pathway as well as boat docks along the sea wall. Canal
Street right-of-way is immediately adjacent to private property and the
likelihood that Canal Street will be improved to provide additional public
access is not likely. Further, this abandonment area is next to private
property that has not been utilized for access for a long time. Therefore, a
positive finding with respect to Policy B-1.4 of the Coastal Management
Element of the City's Comprehensive Plan can be made.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
Currently no lots use the abandonment area for primary access.
C) That the abandonment will not result in detriment to the provision of
access and/or utility services to adjacent properties or the general area.
A Grant of Easement Deed between the City and Porten Custom Homes,
L.C. has been negotiated as well as a 20' wide sewer easement dedication
shown on the proposed Harbour House Plat. All utility companies have been
notified through the site plan and abandonment process. All existing and
proposed utilities have been accommodated through the platting process.
The development proposal is not within a geographical area requiring review by
the CRA (Community Redevelopment Agency), the HPB (Historic Preservation
Board), or the DDA (Downtown Development Authority).
Courtesy Notices:
Courtesy notices have been provided to the following:
Planning and Zoning Board Staff Report
Abandonment of a Portion of Canal Street ROW
Page 4
PROD - Progressive Residents of Delray
President's Council
Beach Property Owners Association
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of objection or support, if any, will be provided at
the Planning and Zoning Board meeting.
The subject right-of-way is unimproved and there are no current plans for its
improvement. In addition, the subject area is within the 300-foot ultimate right-of-
way for the Intracoastal Waterway. The existing sanitary sewer main will remain
and has been accommodated through a dedicated sewer easement as shown on
the Harbour House Plat; In addition, a Grant of Easement Deed between the City
and the property owner has been negotiated for access and maintenance of this
sewer main. Public access to the Intracoastal has been retained and enhanced
both to the north and south of this area.
1. Continue with direction.
2. Recommend to the City Commission approval of the abandonment based
upon positive findings with respect to LDR Section 2.4.6(0)(5) and
consistent with the City's Comprehensive Plan.
3. Recommend to the City Commission denial of the abandonment based
upon a failure to make positive findings with respect to LDR Section
2.4.6(0)(5) and failure of the request to be consistent with the City's
Comprehensive Plan.
By motion, recommend to the City Commission approval of the
abandonment of a 50' x 158.13' portion of Canal Street located at the
northeast corner of NE 1st Street and the Intracoastal Waterway, based upon
positive findings with respect to LDR Section 2.4.6(0)(5) and consistent with
the City's Comprehensive Plan.
Attachments:
· Location Map
· Reduced Survey
· Reduced Site Plan
· Park Court Sub-division Plat
· Proposed Harbour House Plat
File: S:tPlanning&Zoning[P&Z~Abandonment-Canal StreeLdoc