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Res 30-11i RESOLUTION NO.30-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION THE DEPOT ROAD RIGHT OF WAY AND A POR'T'ION OF THF. N.W. 2ND S"I'REET (A.K.A. DEPOT ROAD) RIGHT OF WAY LOCATED BETWEEN INTERSTATE 95 AND THE CSZ RAILROAD, SOUTH OF LAKE IDA ROAD AS MORE PARTICULARLY DESCRIBED HF,REIN, SUBJECT TO THE TERMS AND CONDITIONS OF THE AGREEMENT TO EICHANGE REAL PROPERTY BETWEEN THE CITY OF DELRAY BEACH AND DEPOT INDUSTRIAL CENTER, LLC, WHICH ABANDONMENT SHALL NOT BE EFFECTIVE UN"1'IL THE RECORDING OF THIS RESOLUTION IN THE PUBLIC RECORDS OF PALM BEACH COUNTY WHEREAS, the City of Delray Beach, Florida, received an application for portions of Depot Road and N.W. 2"`' Street (a.k.a. Depot Road) right-of-way, 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(1vi), "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(NI)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on April 21, 2008, and voted 7 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(NI)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, fords 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(NI)(5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. 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, subject to the terms and conditions of the Agreement to Exchange Real Property between the City of Delray Beach and Depot Industrial Center, LLC, (which abandonment shall not be effective until Resolution No. 30-11 this Resolution is recorded in the Public Records of Palm Beach County) all right and interest it holds to the following real property for right-of-way purposes, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in reg a session n this the oC day of 2011. ~o/-. MAYOR A~rri/s1: C~ • \ ~ City Clerk 2 Resolution No. 30-11 EXHIBIT "A" LEGAL DESCRIPTION OF RIGHT OF WAY THAT CITY IS CONVEYING TO DEVELOPER: DEPOT ROAD RIGHT OF WAY A PARCEL OF LAND LYING IN SI=GT{ON 18,-TOWNSHfP-4~ SOUTH, ~A#JGE 43-FAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT 7HE NE CORNER OF SAID SECTION 18; THENCE N 89°09'21" W, ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 251.13 FEET; THENCE S 14°28'43" W, ALONG THE EAST RIGHT OF WAY LINE OF THE CSX RAILROAD, A DISTANCE OF 143.88 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 600.00 FEET AND A DELTA ANGLE OF 11'49'20"; RADIAL BEARING THROUGH SAID POINT BEARS N 00°33'26" W; THENCE EASTERLY, AN ARC DISTANCE OF 123.80 FEET TO A POINT ON A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 215.00 FEET AND A DELTA ANGLE OF 27°38'45", RADIAL BEARING THROUGH SAID POINT BEARS S 65'39'04" E; THENCE 50UTHERLY ALONG SAID CURVE AN ARC LENGTH OF 103.74 FEET TO THE POINT OF BEGINNING, SAID POINT HAVING A RADIAL BEARING OF N 86'42'29" E AND BEING A POINT OF COMPOUND CURVATURE, HAVING A RADIUS OF 215.00 FEET; TIiENCE SOUTHERLY ALONG SAID CURVE, CONCAVE EASTERLY AND HAVING A DELTA ANGLE OF U1°11'48", AN ARC DISTANCE OF 4.49 FEET TO A POINT OF TANGENCY; THENCE 5 04'29'19" E, A DISTANCE OF 982.51 FEET, THENCE S 31'05'49" W A DISTANCE OF 160.88 FEET TO A POINT UN THE NORTH RIGHT OF WAY LINT OF N.W. 2ND STREET; THENCE S 89°56'26" E A DISTANCE OF 204.24 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF INTERSTATE I-95 AS RECORDED IN OFFICIAL RECORDS 2187, PAGE 1256; SAID POINT BEING ON A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 1063.92 FEET, WHOSE RADIUS BEARS N 85°23'36" W; THENCE NORTHERLY ALONG SAID CURVE HAVING A DELTA ANGLE OF 8°39'43" AN ARC LENGTH OF 160.85 FEET; TO A POINT OF TANGENCY; THENCE N 04°03'20" W ALONG SAID WEST RIGHT OF WAY LINE OF I-95, A DISTANCE OF 506.19 FEET; THENCE N 08'04'42" W ALONG SAID WEST RIGHT OF WAY LINE OF I-95 A DISTANCE OF 94.11 FEET TO A POINT ON A CURVE; SAID CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3969.72 FEET; THENCE NORTHERLY ALONG SAID CURVE (BEING ON THE WEST RIGHT OF WAY LINE OF I-95) HAVING A DELTA ANGLE OF 5°31'47" AN ARC DISTANCE OF 383.13 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 73.00 FEET WHOSE RADIUS BEARS N 61°39'17" W, THENCE WESTERLY ALONG SAID CURVE, HAVING A DELTA ANGLE OF 105°17'12", AN ARC DISTANCE OF 134.14 FEET TU IHE POINT OF BEGINNING. TOLL-fHER WITH: NW 2ND STREET RIGHT OF WAY A PORTION OF MACK INDUSTRIES-DELRAY, AS RECORDED IN PLAT BOOK 43 PAGE 138 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINING AT THE NE CORNER OF SAID MACK INDUSTRIES-DELRAY PLAT {P.O.B.), THENCE N 89°56'26" W, A DISTANCE OF 149.78 FEET TO A POINT OF CURVATURE; SAID CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 25.00 FEET AND A DELTA ANGLE OF 90°52' 1 1 ", THENCE SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 39.65 FEET; THENCE N 00°48'37" W, A DISTANCE OF 10.00 FEET; TO A POINT OF CURVATURE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 25 FEET AND A DELTA ANGLE OF 90°52'11"; THENCE NORTHEASTERLY ALONG SAID CURVE FOR AN ARC DISTANCE OF 39.65 FEET TO A POINT OF TANGENCY; THENCE S 89°56'26" E, A DISTANCE OF 149.78 FEET; THENCE S 00'48'37" E, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1,752 SQUARE FEET, MORE DESCRlP T10N OF ABANDONMENT 0 ~' 5 ~2,h ~ ~ ii u qv ~0 ,acv ~ ~ o. a Lhh2 ~ ,; ~ 3 n_~O ~A• ~"II `C r ~~ ~/ (~~ ~O qJ vn 0 0 Q ~o wQ z~ ~--- ~o Q~ ~ W V ~ 00 Q W S-K~ 1C;N CER TIFICA Tl~ THIS SKETCH MEE__ ............ ~_.....--• --•-.-.- 80AR0 OF PROFS ADMINISTRATI S89'S6'P6'E 1,752+/- SQUARE FEET w o N89'S6'26'W M° 149 78' ~ ~ ~ w I~ O H O ° ~ ~ ~' s R/w 4 ~ ~ a NW 2nd STREET r Z " ~ o ~Q~ ~ o~ Q w z ~ ~-- ~ ~ O W ~ ~ z o ~ ~ ~ ~ ~ i w ~ ~ ~ ~ ~ ~ (~ ~ ~ ~ ~ ~ ~ , U Q ~ I ~T OF WAY ABANDONMENT SCALE.' 1 " = 80 FOUNDED 1993 SET r-oRrH BY 7HE 1~oRIDA _ _ _ _... __ _ . _ . BASELINE Ld ENGINES ca ~ NORTH LINE SECTION 18 ° " ' ' ¢ ~ ~ N89 21 W 251. O9 o ~~ J Q ~ ~~ 4 U ~ S 65 ' ' ~ 39, ~ ~'+~ N R=600.00 ~4 ~ 20 ~Rg ' ~j p~gt 49 ~ D ~ } 1 ~ _ ` ~ - ^ z A-123 80 $ ~~ 2~$ Ns~.'~o~ ~ w ,n <~q J9J~~l ~ rn N86'42'29"E A=134.14' '~ (RADIAL ' ~ PDINT OF BEGINNING R= .oo 6=105'17'12' V PARENT TRACT ~ _ g (/) ? r a u~ ~ ¢ N ~ J _ ~ p ~7 ~a ~w o~ U w ~~ o~ L F d O d az _~ m w 2 g m O ~ O m ~ m lit 0 o 0 (RADIAL) b~ , NORTHEAST CORNER SECTION 18, TOWNSHIP 465, RANGE 43E U 0. ~ ~ ~ l~ N ~ :-< ~ ~ ~ •.-~ w ~~ rn o Q 4a o 3 z ~ mw J W N m m F- m ~ 1 Z ~> ~ O N O~ M O NDRTIIVRIGIiT OF WAY LINE N.W. 2nd STREET SKETCH OF DEPOT ROAD ABANDONMENT Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Mark McDonnell, AICP, Acting Director Planning and Zoning THROUGH: City Manager DATE: July 27, 2011 SUBJECT: AGENDA ITEM 10 D1 -REGULAR COMMISSION MEETING OF AUGUST 2, 2011 RESOLUTION NO.30-I1 Page 1 of 2 ITEM BEFORE COMMISSION The request involves the abandonment of a 3.23 acre portion of Depot Road and a rectangular shaped 0.04 acre (1,752 square feet) portion of NW 2nd Street (a.k.a Depot Road) in conjunction with a proposed plat for amixed-use residential/office development named Historic Depot Square. The parcels are located between Interstate-95 and the CSX Railroad, south of Lake Ida Road. BACKGROUND At its meeting of March 26, 2008 the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations for the Historic Depot Square mixed-use development, subject to the condition that the property is platted and portions of Depot Road and "NW 2nd Street" are abandoned. Depot Road exists as aright-of--way of varying width that runs from the southern right-of--way line of Lake Ida Road (beneath the Interstate-95 overpass) and terminates at the site of the Historic Train Depot adjacent to the CSX Railroad. The portion of this road that runs east-west between the CSX Railroad and the Interstate-95 right-of--way (also known as "NW 2nd Street") has existed as public access as far back as 1918 according to the Model Land Company's Subdivision Plat (Plat Book #6, Page #51). Two parcels of land, which lie to the west of Interstate-95, that contain the Depot Road right-of--way (excluding "NW 2nd Street") were under the jurisdiction of the Florida Department of Transportation (FDOT). At its meeting of February 19, 2008 the City Commission enacted Resolution #OS-08, which sanctioned a transfer of these two parcels from FDOT jurisdiction to City jurisdiction. The east portion is requested for abandonment and the western portion will be retained by the City and will be improved (beautified) as part of this development proposal. There are two portions of public right-of--way under consideration for abandonment. The first portion is one of the two above referenced parcels and the second portion under consideration for abandonment is a 10' strip of public right-of--way that was dedicated for "NW 2nd Street" via the Plat of Mack http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4719&MeetingID=325 8/3/2011 Coversheet Page 2 of 2 Industries (Plat Book #43, Page 138). REVIEW BY OTHERS At its meeting of April 21, 2008, the Planning and Zoning reviewed the proposal and voted 7-0 to recommend approval of the abandonment by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. A full analysis of the proposed abandonment is provided in the attached Planning and Zoning Board staff report. RECOMMENDATION By motion, approve Resolution No. 30-11 to abandon a 3.23 acre portion of Depot Road and a 0.04 portion of NW 2nd Street (a.k.a. Depot Road) lying between Interstate-95 and the CSX Railroad, south of Lake Ida Road by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4719&MeetingID=325 8/3/2011 RESOLUTION NO. 30-11 A RESOLUTION OF THE QTY COMNIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION THE DEPOT ROAD RIGHT OF WAY AND A PORTION OF THE N.W. 2ND STREET (A.K.A. DEPOT ROAD) RIGHT OF WAY LOCATED BETWEEN INTERSTATE 95 AND THE CSX RAILROAD, SOUTH OF LAKE IDA ROAD AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO THE TERMS AND CONDITIONS OF THE AGREEMENT TO EXCHANGE REAL PROPERTY BETWEEN THE QTY OF DELRAY BEACH AND DEPOT INDUSTRIAL CENTER, LLC, WHICH ABANDONMENT SHALL NOT BE EFFECTIVE UNTIL THE RECORDING OF THIS RESOLUTION IN THE PUBLIC RECORDS OF PALM BEACH COUNTY WHEREAS, the City of Delray Beach, Florida, received an application for portions of Depot Road and N.W. 2`~ Street (aka Depot Road) right-of-way, as rrore particularly described herein; and WHEREAS, said application for abandonment of a general public right-of-way was processed pursuant to Section 2.4.6(1ViJ, "Abandonment of Rights-Of-Wad', of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(IVIJ(3)(e), the Planning and Zoning Board, as Local Plaruzing Agency, formally revietied the matter at a public hearing on Apri121, 2008, and voted 7 to 0 to recommend approval of the abancbnment, based upon positive findings with respect to LDR Section 2.4.6(lVi)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the descrilx'd 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(NiJ(5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That puusuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby detemuned by the Delray Beach City Conmzission to vacate and abandon, subject to the terms and conditions of the Agreement to E xchange Real Property between the City of Delray Beach and Depot Industrial Center, LLC, (which abancbnment shall not be effective until Resolution No. 30-11 this Resolution is recorded in the Public Records of Palm Beach County) all right and interest it holds to the following real property for right-of-way purposes, rrore particularly described as follows: See Exhibit A PASSED AND ADOPTED in regular session on this the _ day of 2011. MAYOR ATTEST: City Qerk Resolution No. 30-11 EXHIBIT "A" LEGAL DESCRIPTION OF RIGHT OF WAY THAT CITY IS CONVEYING TO DEVELOPER: DEPOT ROAD RIGHT OF WAY A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 46 SOUTfI, RANGE 43 CAST, CITY OF DELRAY BEACH, PALM BEACFI COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NE CORNER OF SAID SECTION 18; THENCE N 89°09'21" W, ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 251.13 FEET; THENCE 5 14°28'43" W, ALONG THE EAST RIGHT OF WAY LINE OF THE CSX RAILROAD, A DISTANCE OF 143.88 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 600.00 FEET AND A DELTA ANGLE OF 11'49'20"; RADIAL BEARING THROUGH SAID POINT BEARS N 00°33'26" W; THENCE EASTERLY, AN ARC DISTANCE OF 123.80 FEET TO A POINT ON A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 215.00 FEET AND A DELTA ANGLE OF 27'38'45", RADIAL BEARING THROUGH SAID POINT BEARS S 65'39'04" E; THENCE SOUTHERLY ALONG SAID CURVE AN ARC LENGTH OF 103.74 FEET TO THE POINT OF BEGINNING, SAID POINT HAVING A RADIAL BEARING OF N 86'42'29" E AND BEING A POINT OF COMPOUND CURVATURE, HAVING A RADIUS OF '115.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, CONCAVE EASTERLY AND HAVING A DELTA ANGLE OF 01°11'48", AN ARC DISTANCE OF 4.49 FEET TO A POINT OF TANGENCY; THENCE S 04'29'19" E, A DISTANCE OF 982.51 FEET, THENCE S 31'05'49" W A DISTANCE OF 160.88 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF N.W. 2ND STREET; THENCE S 89°56'26" E A D15TANCE OF 204.24 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF INTERSTATE I-95 AS RECORDED IN OFFICIAL RECORDS 2187, PAGE 1256; SAID POINT BEING ON A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 1063.92 FEES, WHOSE RADIUS BEARS N 85°23'36" W; THENCE NORTHERLY ALONG SAID CURVE HAVING A DELTA ANGLE OF 8°39'43" AN ARC LENGTH OF 160.85 FEET; TO A POINT OF TANGENCY; THENCE N 04'03'20" W ALONG SAID WEST RIGHT OF WAY LINE OF I-95, A DISTANCE OF 506.19 FEET; THENCE N 08'04'42" w ALONG SAID WCST RIGIIT OF WAY LINE OF I-95 A DISTANCE OF 94.11 FCET TO A POINT ON A CURVE; SAID CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3969.72 FEET; THENCE NORTHERLY ALONG SAID CURVE (BEING ON TILE WEST RIGIIT OF WAY LINE OF I-95) HAVING A DELTA ANGLE OF 5'31'47" AN ARC DISTANCE OF 383.13 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 73.00 FEET WHOSE RADIUS BEARS N 61°39'17" W, THENCE WESTERLY ALONG SAID CURVE, HAVING A DELTA ANGLE OF 105°17'12", AN ARC DISTANCE OF 134.14 FEET TO THE POINT OF BF..GINNING. TOGETHER WITH: NW 2ND STREET RIGHT OF WAY A PORTION OF MACK INDUSTRIES-DELRAY, AS RECORDED IN PLAT BOOK 43 PAGE 138 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINING AT THE NE CORNER OF SAID MACK INDUSTRIES-DELRAY PLAT {P.O.B.), THENCE N 89'56'26" W, A DISTANCE OF 149.78 FEET TO A POINT Of CURVATURE; SAID CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 25.00 FEET AND A DELTA ANGLE OF 90°52'11", THENCE SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 39.65 FEET; THENCE N 00'48'37" W, A DISTANCE OF 10.00 FEET; TO A POINT OF CURVATURE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 25 FEET AND A DELTA ANGLE OF 90°52'11"; THENCE NORTHEASTERLY ALONG SAID CURVE FOR AN ARC DISTANCE OF 39.65 FEET TO A POINT OF TANGENCY; THENCE S 89°56'26" E, A DISTANCE OF 149,78 FEET; THENCE S 00'48'37" E, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1,752 SQUARE FEET, MORE DESCRIPTION OF ABANDONMENT ___ ~~ CER TI FI CA T10,N: SCALE.' 1 " = 80' FOUNDED _ 1993 THIS SKETCH MEE75 MINIMUM TECHNICAL S7ANOARDS AS SE7 FOR7H BY THE FLORIDA BASELINE ~ fNGINF_FRING 80ARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA DRAWN BY` D. J.M. ADMINIS7RATlVE C, P UAN7 7D SEC710N 472.027, FLORIDA 57ATU1FS. AND ~~ CHECI(ED BY M.J.A. LAND SURVEYING, ll~C. _ ERNEST W, DUNCAN. PSM. 5tote o/ Flo~idrDate 1400 N K! 15f CURT Prolessiono/ Suwe}ror ~ Mopper Nv. 5fa2 BUCA RA TON, FL OR/DA ,33432 1HIS DRAWING, SKETCII, PLAT, OR MAY 1S FOR INFORMA7JON PUkPOSES ONLY AND !S EB 6510 561) 417-0700 LB 6439 NOT VAL10, UNLESS IT BEARS R1E SIGNATURE AND 7HE ORIGINAL RAISED SEAL OF' A /OB NO.: 05-05-01.3 SHEET NO, / Of ,3 FLORN)A LICENSED SURVF-YOR AND MAPPER. ~ _.____ 0 u~ 4 = NW 2ND STREET p Li..i h. -~ 2 ~ p ~' a S89'S6'26'E ~ , 2 65 U ~~Or p~. 1,752+/- SQUARE FEET ;+~oo (n p p q~/ ci p0 ,~u N89'S6'26'W M° h'Zti5' ° 149,78' m 3 a ~ o ~b pq°~ M Io CAV ~ AJ ~ ~ a I NW 2nd STREET o Z F- z I O Z U of I ~- ~"` z ~ ~ I r-- ~ ~ I O J ~ M W ~ Q ~ ~ I J W cn ~ U ~~ w ~ I ~ o~ ~ ~ I ~ ~ ° ~ r~ ~ ~ ~ I ~ i z m 1 ~ ~ U I Q SKETCH OF RIGHT OE WAY ABANDONMENT CERTIFICATION: ' 1" = 80' SCALE FOUNDED 1993 THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA ©OARD DF PROFESSIONAL SURVEYORS ANO MAPPERS IN CHAPTER 6IG17-6, FLORIDA . ---------------- DRAWN BY D.J.M. BASELINE ~ ENGINEERING ADMINISTRATIVE E, PU T TO SECTION 472.027, FLORIDA STATUTES. ~°~1 G ~"~~ ~ ~_L ,~~-, ~ i CHECKED BY.~ M. J.A. AND LAND SURI/EYING, lN<,' - -. ERNEST W. UUNCAN PSM. Stote o/ Flaridd~ate Professionol Surveyor & Mapper No. 51 B2 1400 N W 1Sl` COURT BOCA RA70N, FLORIDA 3.3432 THIS DRAWING, SKETCH, PLA1; OR MAP IS FOR 1NFORMA710N PURPOSES ONLY AND IS EB 651D ~561~ 417-0700 LB 6439 NOT VALID, UNLESS IT 8EAR5 THE SIGNATURE AND THE ORIGINAL RAlSFD SEAL OF A FLORIDA UCENSEb SURVF-'YOR AND MAPPER. /OD NO,.' OJr-O5-O13 SHEE T N0. 2 of 3 ____ 3 ~ ~ NORTH LINE SECTION 18 ~ ~r° ~ N89'09'21'W 251.13' o ~ POIN1 OF COM~AENCEAIENT J _ ~ NORTHEAST CORNER SECTION 16, TOWNSHIP 465, ttANGE 43E ~~ ~ U (n S6 ''2 N R=600.00' S3g0 , ~~ ~ D=11'49'20"t'Rg0/q~~ 4 f 80 3 O ~ 7 . z4 A=12 ( w 1~ ~~~ ~. Jg~ ~ ~ ~ NSfi'42'29°E ~ ' A=134.14 ~ {riA6ini) _ Q POINT OF BEGINNING R '~ e=tosn'tz' U PARENT TRACT ~ - cn $~a ~>~a N ~ J . N ~ ~ i•)~r U 0. ~ t(1 N~ aD a -mod ~ ~ ~ z c"'a a n W ~ o o~ - rnt~ aa 3 w N T N ~ z ~ ~ (/~ W~ i 7F ~ O Q U I,J Q ] G V1 ono W ~ a Z v ~ ! r ~ z ~> ~~ a= e ~ ~ ~ r 3 z N O m O p W r O ~ ~~ (RADIAL) 4 LAMDA NOVA- TRONiCS SETA DELRAY ART1C CENTER 1CE NOLAND KEYSTONE CREATIONS W Z W Q z .w. t5T Sr. ~ MART Y FL AD ELL W -- Q' DELRAY ~ AWNING Z ~ ROYAL U COMM. DF_ LRA Y PLAT 2 __... CHEVRON 5~ ~E • A T L A N T I C CHURCH OF CHRIST sr. N.W. 3RD ST. POMPEY I PARK ATLANnC AVE. A V E N U E ~ caTEwAY MINI PARKS N SUB.IECT AREAS HISTORIC DEPOT SQUARE RIGNTSOF-WAY ABANDONMENT & FINAL. BOUNDARY PLAT PRCUECT BOUNDARY 1O-PORTION OF N.W. 2ND STREET (AKA. DEPOT ROM) CIIY OF DELRAY BEACH, Fl. r ~ ~ ~ ~ 1 PLANNING & ZONING DCPARTMCNT ~ ~ ~ ~ ~ J ~- SOUTHWEST PORTION OF DEPOT ROM DIGYTAL BISf AHP SYSTEM -- MAP REF: LYA2J.l ~~ PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: AGENDA ITEM: ITEM: April 21, 2008 IV. D. ---STAFF REPORT--- Abandonment of a 3.23 irregularly shaped portion of Depot Road and a rectangular shaped 0.04 acre (1,730 square feet) portion of N.W. 2"d Street (a.k.a Depot Road) Road located between Interstate-95 and the CSX Railroad, south of Lake Ida Road in conjunction with the plat for the proposed Historic Depot Square mixed-use development. ~kF GENERAL DATA: Owner/Applicant ...................... Depot Industrial Center, LLC Agent ................................. Charles Putman Location .................................. Between Interstate-95 and the CSX Railroad, south of Lake Ida Road. Property Size ........................... 3.27 Acres (Total) Existing FLUM Designation..... CMR (Commerce) Current Zoning ..................... MIC (Mixed Industrial and Commercial) Adjacent Zonings...........North: MIC (Mixed Industrial and Commercial) East: Interstate-95 (FDOT) Right-of--Way. South: MIC (Mixed Industrial and Commercial) West: MIC (Mixed Industrial and Commercial) Existing Land Use ................... Improved right-of--way Proposed Land Use ................ Abandonment of rights-of- way to be incorporated into a proposed mixed-use development known as Historic Depot Square. Water Service ......................... n/a Sewer Service ......................... n/a D 95 ~~ WE` KFK TUNE IV.D. The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a 3.23 acre portion of Depot Road and a rectangular shaped 0.04 acre (1,730 square feet) portion of N.W. 2nd Street (a.k.a Depot Road) in conjunction with a proposed plat for amixed-use residential/office development named Historic Depot Square. The parcels are located between Interstate-95 and the CSX Railroad, south of Lake Ida Road. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Right-of--Way. Depot Road exists as a right of way of varying in width and runs from the southern right- of-way line of Lake Ida Road (beneath the Interstate-95 overpass) and terminates at the site of the Historic Train Depot adjacent to the CSX Railroad. The portion of this road that runs east-west between the CSX Railroad and the Interstate-95 right-of-way (also known as "N.W. 2"d Street") has existed as public access as far back as 1918 according to the Model Land Company's Subdivision Plat (Plat Book #6, Page #51). Two parcels of land, which lie to the west of Interstate-95, that contain the Depot Road right-of-way (excluding "N.W. 2"d Street") were under the jurisdiction of the Florida Department of Transportation (FDOT). At its meeting of February 19, 2008 the City Commission enacted Resolution #05-08, which sanctioned a transfer of these two parcels from FDOT jurisdiction to City jurisdiction. The east portion is requested for abandonment and the western portion will be retained by the City and will be improved (beautified) as part of this development proposal. There are two portions of public right of way under consideration for abandonment. The first portion is one of the two above referenced parcels and the second portion under consideration for abandonment is a 10' strip of public right-of-way that was dedicated to "N.W. 2"d Street" via the Plat of Mack Industries (Plat Book #43, Page 138). At its meeting of March 26, 2008 the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations for the Historic Depot Square mixed-use development, sub~ect to the condition that the property is platted and portions of Depot Road and "N.W. 2" Street" are abandoned. 3 ',:.. .... t . • Depof Road The subject area is an irregularly shaped parcel, containing 140,892 square-feet (3.23 acres). This parcel is a portion land that contains an improved part of Depot Road and extends southwest from beneath the Interstate-95 overpass to the right of way line of N.W. 2nd Street. This portion of Depot Road provides continual access from Lake Ida Road to this subject property; a warehouse building (not part of this development) and the Historic Train Depot site. As mentioned previously, this portion of Depot Road was under the jurisdiction of FDOT and has since been transferred to the City. It is the intention of the developer to abandon the entire 3.23 acre portion of right-of-way and remove Depot Road. Then, a new Depot Road, consisting of a 50' public right-of-way Planning and Zoning Boars staff Report: April 21, 2008 Depot Road and N.W. 2nd Street Abandonment (Historic Depot Square Platj Page 2 and uti{ity tract is to be relocated along the west side of the property (adjacent to the CSX Railroad) via the plat. • N.W. 2"d Street (a.k.a. Depot Road) The subject area is arectangular-shaped parcel (approximately 10' x 147'), containing 1,730 square-feet (0.04 acres). This parcel is a portion of land that was dedicated as public right-of-way via the Plat of Mack Industries (Plat Book #43, Page 138). This dedication was to expand the existing public right-of-way of "N.W. 2nd Street" from 30' to 40'. The intent is to abandon this 0.04 portion of dedicated right-of-way but keep the right-of-way width of N.W. 2nd Street at a continuous 30'. This access must be maintained so the previously mentioned outparcel does not become truly "landlocked" with no means of ingress or egress from the realigned Depot Road. }. .,,a Pursuant to LDR Section 2.4.6(M)(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). The right-of-way would normally be returned to Depot Industrial Center, LLC (property owners to the west) and FDOT (property owners to the east) however, it should be noted that the State (FDOT} has released their claim on the property as specified in their transfer agreement with the City. Accordingly, the Applicant is entitled to the entire abandonment area. Utility Services The City's Environmental Services Department has identified a water main located within the subject area and an easement has been provided on the plat for this facility. The City Engineer has also requested final notification of approval from the City Attorney's Office regarding the FDOT transfer of the existing Depot Road. The City's Fire Department has reviewed the request and has no objection to the abandonment. Utility provider companies Comcast Cable and FPU (Florida Public Utilities) have reviewed the request and have no objections. Utility provider companies Florida Power and Light (FPL) and AT&T Telephone have reviewed the development proposal and indicated that relocation of their facilities will be necessary. Lake Worth Draina~ae District (LWDD) It should be noted that the LWDD has requested the applicant provide at least 3 cross- sections of the E-4 canal (adjacent to the north end of the property) prior to their acceptance of any drainage permitting for the project. Overflow Drainage Easement (FDO Pursuant to stipulation 1(c) of the FDOT/City right-of-way transfer agreement, overFlow drainage issues from the I-95 right-of-way that affect the abandonment area must be addressed. To accommodate this requirement, the plat shows a Florida Department of Transportation Maintenance Easement (F.D.T.M.E) with dedication language that Planning and Zoning Board staff Report: April 21, 2008 Depot Road and N.W. 2nd Street Abandonment (Historic Depot Square Plat) Page 3 assigns drainage responsibilities to the owners of the property without recourse to the City. Special dedication language was added to the plat which gives FDOT the right to access the property to repair or maintain the drainage facilities, should the owners fail to do so. 9 Pursuant to LDR Section 2.4.6(M)(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. The proposed abandonment areas are currently being used for right-of-way and utility purposes. However, the request is to abandon both the 3.23 acre portion of the Depat Road right-of-way and the 0.04 portion of N.W. 2"~ Street so the developer can relocate Depot Road as a new 50' public right-of-way tract along the west side of the property and maintain N.W. 2"d Street as a 30' public road. The relocation of the road will provide access to the residential and office components of the proposed development and continue to provide access to the Historic Train Depot site and an industrial outparcel, lying immediately west of Interstate-95. It should be noted that the development proposal includes significant public improvements via the new access tract; which include the extension of water and sanitary sewer services, improved lighting, and additional landscaping. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject property abuts two lots of record. The first is a City owned property to the southwest that is the location of the Historic Train Depot. The second lot of record is a 0.86 acre parcel to the southeast that is owned by Depot Warehouse, LLC. The relocation of Depot Road along the west side of the subject property and the retention of a 30' portion of N.W. 2"~ Street will provide access to both of these properties. Access to these lots of record will be affected, but the development proposal provides adequate realignment of the roads and provides dedicated tracts via the plat for the continued provision of access. Therefore, the abandonment does not, nor will not, prevent access to the above mentioned lots of record. C) That the abandonment will not result in a detriment to the provision of access and/or utility services to adjacent properties or the general area. A water line and other public service facilities are located within the abandonment areas. However, the existing water service line will remain with the provision of an easement via the plat. Depot Road will be relocated along the west side of the subject property as an access and utility tract. The remaining 30' portion of N.W. 2"~ Street will continue to provide access and utility services to the subject property and the industrial outparcel lying to the east. The development proposal includes significant realignment of the roads and provides dedicated tracts and easements via plat for relocated services lines. Therefore, the abandonment will not result in the detriment of utility services or access to any adjacent properties or within the project vicinity. Planning and Zoning Board Staff Report: April 21, 2008 Depot Road and N.W. 2"d Street Abandonment (Historic Depot Square Plat) Page 4 The development proposal is not within the geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following: • Neighborhood Advisory Council 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 purpose of the rights-of-way abandonment is to incorporate the vacated area with the development via the plat and provide appropriate and more efficient realignments of both utilities and roadways. The relocation of Depot Road as aright-of--way and utility tract, the maintaining of N.W. 2nd Street as public right of way and the provision of utility and drainage easements via plat will accommodate all future utility, access and drainage requirements. 1. Continue with direction. 2. Move approval of the request for the abandonment of a 3.23 acre portion of Depot Road and a 0.04 portion of N.W. 2"d Street (a.k.a. Depot Road) lying between Interstate-95 and the CSX Railroad, south of Lake Ida Road by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the LDR's with conditions. 3. Move denial of the request for abandonment by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.6(M)(5) of the LDR's. Move approval of the request for the abandonment of a 3.23 acre portion of Depot Road and a 0.04 portion of N.W. 2"d Street (a.k.a. Depot Road) lying between Interstate-95 and the CSX Railroad, south of Lake Ida Road by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. Planning and Zoning Board Staff Report: April 21, 2008 Depot Road and N.W. 2nd Street Abandonment (Historic Depot Square Plat) Page 5 Attachments: . Location Map. . Survey of Abandonment Area. Reduced Plat. Abandonment Resolution #15-08. CHURCH OF CHRIST CANAL E-4 -- - LAMDA g TRONICS ~ - ; LEE s7. SETA y * a _ DELRAY ~ M CENTER ART1C z ICE O PROSPECT ST. IS' z ~- = o -- R W Q - ~ - 3 NOLAND ~ N.W. 3RD ST. ^ O ~ KEYSTONE ~ - CRF.ATfON5 ~ ~ - - _ ~ POMPEY _ W ___ - ~ - a a PARK ~ a ^ - • Z ~~ ^ -- W _ N.W. 2 ~ ~ ~ ~ ~ 2ND ST. a _ = o z s .w. Isr sr. ~ MARTY FLADELL DRIVE N.W. 1ST ST. W - CL' DELRAY ~ 3 - 3 AWNING z z z ~ - m - ~ ROYAL U COMM. DELRAY 3 PLAT 2 z ATLANTIC AVE. g T L A N T I C A V E N U E -__.._ CHEVRON ~ GATEWAY 5 '( MJNI PARKS ~~ SUBJECT AREAS N HISTORIC DEPOT SQUARE RIGHTSOF-WAY ABANDONMENT & FINAL BOUNDARY PLAT PROJECT BOUNDARY O-PORTION OF N.W. 2ND STREET (A.KA. DEPOT ROAD) GTY OF OELRAY BEACH, R r .... ' P~ivdNirJQ s~ zowHC nrr~naiMa+r ~ ~ _ ~ ~ ~-SOUTHWEST PORTION OF DEPOT ROAD -- DlLYTAL B4SE ANP 5/STEM -- MAP REF: 1L1A233 21'li 41[el~l ~ O y M IO 11111 w. ... 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'~ .r N ~_ \. r O ~~~ ~ ~~ $ ~ ~~ ~ ~ ~~ ~ ~~s~~~ ~~ ~~ ~. ~a ar,~ t r ~ ta~ ~ ~ ~'> e~ ~ s ,~ /' 0 z a a ~ o ~ ~ i , W ~ M 4 ~ ~ m ~ .~S.S W Q O Z ~ p tr UO ii7ii SW - r a O~~Z tpj'~V Boa a?a= V 4 ZUOm~,~ ~~G 00 O a~N J 101 ~ ~ ~ W 11---JI Z ~ o g"~ '" J W WOalll !7 F Q ~ m lY O ~'~ W ~~ ~ ~ 4 0. a 0 O ~ U g N Y O ~ m ~ ~ ~ ,~ i d ~ "1 W m N W ~ ~ °~~ ~~~ t ~ ~ i~~~ ~~~~~~~~~~ ,• ~ ~~~ ~ :~g~~ ~~.~~~~~~5 RESOLUTION N0.15-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA VACATING AND ABANDONING A PORTION OF THE DEPOT" ROAD RIGHT OF WAY AND A POR PION OF THE N.W. 2ND STREET (A.K.A. DEPOT ROAD) RIGHT OF WAY LOCATED BETWEEN INTERSTATE 95 AND THE CSX RAILROAD, SOUTH OF LAKE IDA ROAD AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS the City of Delray Beach, Florida, received an application for portions of Depot Road and N.W. 2"d Street (a.k.a. Depot Road) right-of--way, as more particularly described herein, and WHEREAS said application fox abandonment of a general public right-of--way was processed pursuant to Section 2.4.6(M), "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(NI)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on and voted - to - to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(lvl)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS the City Commission 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(l~(5). NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEI.RAY BEACH FLORIDA AS FOLLOWS: ec ' n That pursuant to Chapter 177.]01(5} and Chapter 166 of the Florida Statutes, it is hereby determined by the Dekay Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of--way purposes, more particularly described as follows: 1`h.~-/TWIT `A"CONTAINIlVG 3 27ACRES ('.142 441 SOUARF-FE T,t ~-~IO ftE OR I.~~ S. PASSSED AND ADOPTED in regular session on this the day of , 2008. ATTEST: City Clcrk MAYOR ~J A.~~~ \1~ wm~nao~ d R _~ M s~ t ~; ._ ~ !, m ~ ~~~ ~ s ~~ ~ i ~ '~ ~ a~aC~~i4Y"4~e s$~~a~aa a <~~yr~r ~ ~ RL a~~`~~3~~as~a~~ b~ ~Y~i<~E~ ~ x c 1~ M13A0, ~ c~Y~~l~'6h~}C.'~j~~gci ~ Y£;~L~~ ~s ~i tara~s a $a'~'~r, '~a~a~a$.a?" ~ - a a ~~~ ~~~ ist3s.x' ~ ~'~4~ge ~y:v~`.~F.,~,S a :~~ay~s 7 ~<}4Yqas ~~ee gg d a 9 ~~ a~Qy ~s¢a~~..5~p~<~~r • P'~Ra ~' ~ ~~~ ~. ~jY aaWk 2 ~ +a '~q~ Zi.a'~y C ~a t ~~ ~s'ga~~~~~~~~a.~~~~y~ d ~4~~7a~~~ 9 ~~ ~ ~~~ a ; _ ~ a ra <91 .C~~< 3 E~.3F ~<~d ~ @<.f8ea $~ E QUO Q~ ~ ~z 4 w ~ °~° ° ~ ~ Q ~ ~ w~ti ~ ~~ ~ ~ ~~~ ~ O l~ j s ~~ ~~~ OOOQ~, ~ /~ ~ ~/ / ~ lL O ,,^^ 2 ~O p v/ ` W + cn ~ ~ ~ ° a ~a ~ ~~ ~ a ~ ~~~~ ~ ~ 2 ~ ~ ~ ~ a ~ r d ~ "`: ~~ ~~ ~ ~ ~ `~~ 2 R ~ .-rmc 3.SC.CfiYi i i r ~ ~ Y .+..r. 3f1N~NY D b 'M'N nw.s ni an r. r. ~s. e4 ~ ~ _ ~ ~,~~~ ~0 ~ ~~~~ t ~ Y ~ ~'~ ~ Ox o.. fq~ ~ i ~ ~ ~ ~ ~ ~~~ig¢ ie ~~lb~~~ ~ ~ ~ ~ Y ~ ~ P~ Iii ~ ~ ~ } ~ ~ f j~~ ~ ~ ~ '~~l~!6i ~ ~g~A(; Q ~ ° ~ ~ ~ m ~~ ~ ~ ~ ~ 4y~~~~d~~~g5~3~~a~~€a~~3d~d5~.?~:g:$~~~~5~~~~~~~~3~e~o~:~_~~~~~~~~~~~~~;~ ~~zly~.l~~~ ~f~! ~ ~ ~ Coversheet Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Mark McDonnell, AICP, Acting Director Planning and Zoning THROUGH: City Manager DATE: July 27, 2011 SUBJECT: AGENDA ITEM 10.D2 -REGULAR COMMISSION MEETING OF AUGUST 2, 2011 FINAL SUBDIVISION PLAT APPROVAL/ DEPOT INDUSTRIAL CENTER, LLC ITEM BEFORE COMMISSION The item before the City Commission is the certification of the final plat fora 14.29 acre mixed-use development being platted as Historic Depot Square. The subject property is located between Interstate- 95 and the CSX Railroad, south of Lake Ida Road. BACKGROUND The property consists of portions of several lots originally created via the Model Land Company's Subdivision of Section # 18 (Plat Book #6, Page #51) and the Plat of Mack Industries (Plat Book #43, Page # 138). The property abuts the E-4 Canal to the north, the I-95 right-of--way to the east, the CSX Railroad right-of--way to the west, a City owned property (site of the Historic Train Depot) to the southwest, and an outparcel not included in the project to the southeast. The land being platted also includes the abandonment of a portion of the Depot Road right-of--way, which was claimed by the Florida Department of Transportation and has been transferred to the City. Commercial and Industrial uses have previously occupied a portion of the property and all structures on the site have been demolished. The property is presently zoned MIC (Mixed Industrial and Commercial) and has a Future Land Use Map (FLUM) designation of CMR (Commerce). At its meeting of March 26, 2008 the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations for the Historic Depot Square mixed-use development, subject to the condition that the property is platted and that portions of Depot Road are abandoned. An abandonment application was subsequently filed and is being processed concurrently with the plat. The development proposal includes the construction of 296 residential apartment units (74 of which are regulated by the City's Affordable Workforce Housing Ordinance) and 90,135 square-feet of professional office space. The 296 apartment units will be contained in two (2), four-story buildings and platted on Tract "B-2" at the northern end of the plat. The 90,135 square-feet of professional office will http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemI D=4722&MeetingID=325 8/3/2011 Coversheet Page 2 of 2 be contained in two (2) two-story buildings and platted on Tracts "B-1" and "A-2" as depicted on the southern end of the plat. Parking for the development will be accommodated via a 340 space, five-story parking garage and 528 surface parking spaces. Vehicular access to residential and office portions of the development will be accommodated via a 50' dedicated access tract along the west side of the property (Tract "RW"); an existing public road know as "NW 2nd Street" (a.k.a Depot Road); and five (5) access points along the east side of the access tract. This newly dedicated access tract located on the west side of the property is a relocation of the existing Depot Road that runs along the east side of the property. This portion of Depot Road was considered part of the Interstate 95 Right-of--Way and has been transferred to the City from the Florida Department of Transportation (FDOT) via an agreement pursant to City Resolution #OS-08. The applicant has petitioned the City to abandon this 3.23 acre portion of Depot Road and a 0.04 acre (10' x 147') portion of "NW 2nd Street" (a.k.a. Depot Road) that was dedicated via the Plat of Mack Industries. If the right-of--way abandonment is approved, it will be aggregated into the balance of the property. In addition to the above, the plat includes Tract "C" that is dedicated for drainage purposes; an easement dedicated pursuant to FDOT requirements for overflow drainage from Interstate-95; a lift station easement for sanitary sewer services; and Tracts "A-2" and "A-3" located at the southern end of the property which are subject to an exchange agreement between the developer and the City. Plat Analysis: City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. REVIEW BY OTHERS The Planning and Zoning Board reviewed the Plat at its meeting of April 21, 2008, and recommended approval by a vote of 7 to 0. Courtesy notices was provided to the Neighborhood Advisory Council. RECOMMENDATION Move approval for the Historic Depot Square Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4722&MeetingID=325 8/3/2011 LAKE IDA ROAD CHURCH OF CHRIST -4 LAMDA NOVA- TRONI CS LEE ST. ' SETA ,~ a DELRAY ~ ARTIC z CENTER ICE -. -- o PROSPECT sT. NOLAND ST. - KEYSTONE - CREATIONS 3 ~ POMPEY w ~ a a PARK ~ a Z W ] ~ ~ 2ND ST. - - Q _ a 3 ~ z S (n ~i N.w. 1ST S t uJ MARTY FLAD ELL DRIVE yy 1ST S T. N. , W D_ DELRAY ~ 3 3 AWNING z i Z ~ ~ ROYAL U COMM. 9 5 DELRAY 3 PLAT 2 z ATLANTIC AVE. ATLANTIC A V E ~ E CHEVRON T ,~ PARKS M~NI 5 V~ ~ = SUB,ECT AREA HISTORIC DEPOT SQUARE CITY OF DELRAY BEACH, EL. 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(aw/ 4K1n1F j7x tt d t ~ \~\ ~ w' rye ~uyoX ~ K~ I \ 3'' T. ~ . y A 'w ` °~ ~ ~~ ~ a ;~ 4~ Q~ v~ ~ 5~~ ~ w ~ G~i M ~- ~~a 1 a r ~ O M ~``) ~ Z N ~ ~ U 0 `~ Q=K v g O ~wa~ ° S VII O m..}_. ~_+ ~ F- z_„ w~ ~o ~ s ~ R J = ~, v n.NaU ~~ '~=o~ 0~7 o~NZ~= ;o~ 2- U z4 ~3YOW~,~S b ~ ~ e ea ^~ WWW <_ A o < J x "~~~ ~~i~~g, ~~~,~~ U a 7< m W~ ~ ~~3~:~~653~2: Vv~waWm i~z ~~°°> ~~# M W O~r,K i r0 J Q OQJC90 7 ~ya<a~ ~ N ~ O ~ ~~ H dF- ~ . . F w o ~' g o~ p~ 1 m ~ .~ e ~~ 5 ~ a 3 Q "~ ~ ~~~ m 3NIl H~1t+W • (c w a DNS mss) 12D The Palm Beach Post ~ PalmBeachPost.com (561) 820-4343 ~ Tuesday, July 26; 2011 (561) 820-4343 ~ Tuesday,Jury 19, 2011 12D The`Palm Beach Post ~ PalmBeachPost.com