Res 86-02RESOLUTION NO. 86-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA VACATING AND ABANDONING A 60-FOOT WIDE
NORTHERLY EXTENSION OF N.W. 23R~ AVENUE (PLATTED AS S.W. 23R~
AVENUE), LOCATED WITHIN THE REPLAT OF BREEZY RIDGE
ESTATES (PLAT BOOK 24, PAGE 116), AS MORE PARTICULARLY
DESCRIBED BY EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida received an application for an abandonment
of a 60-foot wide northerly extension of N.W. 23~ Avenue (Platted as S.W. 23~d Avenue), located
within the Replat of Breezy Ridge Estates (PB 24, PG 116), as more particularly described in Exhibit
"A", attached hereto; said Replat of Breezy Ridge Estates being located north of West Atlantic
Avenue, approximately 120 feet west of Lake Worth Drainage District E-4 Canal; and
WHEREAS, the application for abandonment of said 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 Dekay Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(0)(3)(d), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on
October 21, 2002 and voted 6 to 0 to recommend approval of the abandonment, based
upon positive findings with respect to LDR Section 2.4.6(0)(5); 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(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 Section 177.101(5) and Chapter 166 of the Florida Statutes,
it is hereby determined to vacate and abandon all right and interest it holds to the following real
property, described in Exhibit "A".
PASSED AND ADOPTED in regular session on this the ~
ATTEST:
City Clerk
day of November, 2002.
MAYOR
2 RES. NO. 86-02
EXHIBIT "A"
A strip of land 60 feet in width located in portions of Lots 10 and 11 and North of
the right-of-way of N.W. 2Ya Avenue of the replat of part of Breezy Ridge Estates as
recorded in Plat Book 24, Page 116, being in Section 18, Township 46 South, Range
43 East, Delray Beach, Palm Beach County, Florida, as shown hereon, and more
particularly described as follows:
Beginning at the intersection of the southernmost comer of said Lot 11 and the East
right-of-way of N.W. 23a Avenue; Thence run North and 135 feet west of, and
parallel with the East line of said Subdivision to the North line of said Subdivision;
Thence run west 60.70 feet along the North line of said Subdivision; Thence run
South and 195 feet west of, and parallel with the said East line of the said
Subdivision to a point on an arc being the North line of the right-of-way of N.W. 1st
Street and N.W. 23a Avenue; Thence run Southeasterly along the said arc to the
point of beginning.
3 RES. NO. 86-02
DELRAY BEACH
AII-AmedcaCity
1993
2001
CITY' CLERK
100 N W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000
CERTIFICATION
I, BARBARA GARITO, City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Resolution No. 86-02, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 5th of November, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 7th day of
November, 2002.
~a~ra Oarito
City Clerk
City of Delray Beach, Florida
(SEAL)
THE EFFORT ALWAYS MATTERS
Pnnted on Recycled Pa~er
I
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
PAUL DORLING, D~_.~CTOR OF PLANNING AND ZONING
NGUYEN TRAN, SENIOR PLANNER//~.,/-~,,v~k--~ ¢,t__...,,,..~
MEETING OF NOVEMBER 5, 2002 *CONSENT AGENDA*
ABANDONMENT OF A 60-FOOT WIDE NORTHERLY RIGHT-OF-WAY
EXTENSION FOR N.W. 23RD AVENUE (PLATTED AS S.W. 23RD AVENUE),
LOCATED WITHIN THE REPLAT OF BREEZY RIDGE ESTATES.
BACKGROUND
The portion of right-of-way proposed for abandonment is a 60-foot wide, rectangular skewed parcel containing
approximately 5,397 square feet (0.123 acre) located north of West Atlantic Avenue, approximately 120' west of
Lake Worth Drainage District E-4 Canal w~thin the Replat of Breezy Ridge Estates (Plat Book 24, Page 116).
The abandonment area represents a northerly 60' wide extension of N.W. 23rd Avenue to the Lake Worth
Drainage District L-33 Canal.
In the early part of 1982, a development proposal to construct Temple Sinai of Palm Beach County was
submitted. Part of the proposal included a replat of a western portion (Lots 1-4, Lots 26-34 & Lots 56-74) of the
Replat of Breezy Ridge Estates Subdivision. All easements and right-of-ways located within the western portion
of the Replat of Breezy Ridge Estates were abandoned by Resolution 67-82. According to Resolution 67-82, a
listed condition of approval was that the owner dedicate a 60' right-of-way for the extension of N.W. 23rd Avenue
(platted as S.W. 23rd Avenue) north to the Lake Worth Drainage District L-33 Canal. The proposed
abandonment area was dedicated through the recordation of a Right-of-Way Deed (DB 4022, PG 535) on
August 24, 1983.
This is a City initiated abandonment request. The subject area will be aggregated and used as part of the new
Atlantic High School Site. An overall boundary plat for Atlantic High School will be processed in the future.
Currently, the abandonment area is unimproved. Florida Power & Light, BellSouth, Adelphia, and Florida Public
Utilities (Gas) have reviewed the request and have no objection to the abandonment. The City's Environmental
Services has identified an 8" water line and a Lift Station within the abandonment area. These City facilities
were used for the provision of services to Breezy Ridge Estates. The abandonment area will be used as part of
the new Atlantic High School football field; therefore, the existing City facilities are no longer needed and will be
removed. The C~ty's Environmental Services Department has no objection to the proposed abandonment.
PLANNING AND ZONING BOARD CONSIDERATION
At its meeting of October 21, 2002, the Planning and Zoning Board considered the request at a public hearing.
There was no public comment concerning this ~tem. After reviewing the staff report and further discussion, the
Board voted 6-0 to recommend approval.
RECOMMENDED ACTION
By motion, approve the abandonment of a 60-foot wide northerly right-of-way extension for N.W. 23~d Avenue
(Platted as S.W 23rd Avenue), located within the Replat of Breezy Ridge Estates (PB 24, PG 116), based upon
positive findings with respect to LDR Section 2.4.6(O)(5).
Attachments:
· Abandonment Resolution
· P & Z Staff Report of October 21, 2002
s:\planning & zoning\boards\dry commission\NW 23r~ Ave-ROW-Aband.doc
RESOLUTION NO. 86-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA VACATING AND ABANDONING A 60-
FOOT WDE NORTHERLY EXTENSION OF N.W. 23m) AVENUE
(PLATTED AS S.W. 23m> AVENUE), LOCATED WITHIN THE
REPLAT OF BREEZY RIDGE ESTATES (PLAT BOOK 24, PAGE
116), AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida received an application for an
abandonment of a 60-foot wide northerly extension ofN.W. 23rd Avenue (Platted as S.W.
23rd Avenue), located within the Replat of Breezy Ridge Estates (PB 24, PG 116), as
more particularly described in Exhibit "A", attached hereto; said Replat of Breezy Ridge
Estates being located north of West Atlantic Avenue, approximately 120 feet west of
Lake Worth Drainage District E-4 Canal; and
WHEREAS, the application for abandonment of said 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(0)(3)(d), the Planning and
Zoning Board, as Local Planning Agency, formally reviewed the matter at a
public hearing on October 21, 2002 and voted 6 to 0 to recommend approval of
the abandonment, based upon positive findings with respect to LDR Section
2.4.6(0)(5); 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(0)(5).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
reference.
The foregoing recitals are hereby incorporated herein by this
Section 2. That pursuant to Section 177.101(5) and Chapter 166 of the
Florida Statutes, it is hereby determined to vacate and abandon all right and interest it
holds to the following real property, described in Exhibit "A".
PASSED AND ADOPTED in regular session on this the __ day of November,
2002.
ATTEST:
MAYOR
City Clerk
Resolution 86-02
EXH I B IT
A strip of land 60 feet in width located in portions of Lots l 0 and 11 and
North of the right-of-way of N.W. 23rd Avenue of the replat of part of
Breezy Ridge Estates as recorded in Plat Book 24, Page 116, being in
Section 18, Township 46 South, Range 43 East, Delray Beach, Palm
Beach County, Florida, as shown hereon, and more particularly described
as follows:
Beginning at the intersection of the southernmost comer of said Lot l 1
and the East fight-of-way of N.W. 23rd Avenue; Thence mn North and
135 feet west of, and parallel with the East line of said Subdivision to the
North line of said Subdivision; Thence run west 60.70 feet along the
North line of said Subdivision; Thence mn South and 195 feet west of,
and parallel with the said East line of the said Subdivision to a point on an
arc being the North line of the right-of-way of N.W. 1st Street and N.W.
23rd Avenue; Thence run Southeasterly along the said arc to the point of
beginning.
Resolution 86-02
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
October 21, 2002
IV.C.
City Initiated Abandonment of Right-of-Way For the 60-Foot Wide
Northerly Extension of NW 23r~ Avenue (Originally Platted as SW 23~d
Avenue), Lying North of West Atlantic Avenue and Approximately 120
Feet West of the LWDD E-4 Canal Within the "Replat of Breezy Ridge
Estates" Subdivision. (Quasi-Judicial Hearing)
CORAL 1RACE
OWENS BAKER ROAD
GENERAL DATA:
Owner .................................. General Public
Agent/Applicant ................... City of Delray Beach
David T. Harden, City Manager
Location ............................... North of West Atlantic
Avenue, approximately 120
feet west of LWDD E-4 Canal
Property Size ........................ 5,397 sq. ft. (0.123 Acre)
Existing FLUM Designation.. LD (Low Density Residential,
0-5 units/acre)
Current Zoning ..................... R-l-AA (Single Family
Residential)
Adjacent Zonings ........North: RM (Multiple Family
Residential-Medium Density)
East: R-l-AA
South: R-l-AA
West: R-l-AA
Existing Land Use ................ Unimproved right-of-way
Proposed Land Use ............. Abandonment of the
unimproved right-of-way to be
aggregated and used as part
of the new Atlantic High
School Site.
Water Service ...................... n/a
Sewer Service ...................... n/a
CORAL TRACE
VACANT
L L
N W 2ND ST
TEMPLE
SINAI
DELRA Y BEA CH
MUNICIPAL
GOLF
COURSE
IV.C.
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a 60-foot wide northerly right-of-
way extension for N.W. 23rd Avenue (platted as S.W. 23rd Avenue), located north
of West Atlantic Avenue and west of the Lake Worth Drainage District Canal E-4
within the Replat of Breezy Ridge Estates (PB 24, PG 116).
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
The original plat of Breezy Ridge Estates (PB 23, PG 105) was recorded on
September 13, 1950. The entire subdivision was reconfigured four years later
with the recordation of the Replat of Breezy Ridge Estates (PB 24, PG 116) on
June 16, 1954.
In the early part of 1982, a development proposal to construct Temple Sinai of
Palm Beach County was submitted. Part of the proposal included a replat of a
western portion (Lots 1-4, Lots 26-34 & Lots 56-74) of the Replat of Breezy
Ridge Estates Subdivision. All easements and right-of-ways located within the
western portion of the Replat of Breezy Ridge Estates were abandoned by City
Resolution 67-82.
According to Resolution 67-82, a listed condition of approval was that the owner
dedicate a 60' right-of-way for the extension of N.W. 23rd Avenue (platted as
S.W. 23rd Avenue) to the Lake Worth Drainage District L-33 Canal. The
proposed abandonment area was dedicated through the recordation of a Right-
of-Way Deed (DB 4022, PG 535) on August 24, 1983.
The subject area is associated with an overall boundary plat for the Atlantic High
School relocation site. A replat of the property will only vacate or abandon right-
of-ways dedicated originally by the previous plat, not by special instrument
(deed) as in this dedication. Since the 60' wide right-of-way was created by
deed, it must be abandoned by City Resolution prior the platting process.
Currently the subject property is unimproved.
ABANDONMENT
The portion of right-of-way proposed for abandonment is a 60-foot wide,
rectangular skewed parcel containing approximately 5,397 square feet (0.123
acre). The abandonment area represents a northerly 60' wide extension of N.VV.
23rd Avenue to the L-33 Canal.
Planning and Zoning Board Staff Report
Abandonment of R-O-W extension for NW 23rd Ave
Page 2
This is a City initiated abandonment request, as the subject area will be
aggregated and used as part of the new Atlantic High School Site. An overall
boundary plat for Atlantic High School will be processed in the future.
ABANDONMENT
Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned
(returned) to the adjacent property to the same degree in which it was
originally obtained, Le. 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 proposed abandonment area was dedicated from portions of Lots 10 and 11
of the Replat of Breezy Ridge Estates. By abandoning this area, Lots 10 and 11
will benefit from the entire abandonment area. The City of Delray Beach is the
current owner of these lots.
Utility Services
The City's Environmental Services Department (ESD) and Fire Department have
reviewed the request and have no objection to the abandonment.
Responses from Florida Power & Light, Adelphia Cable, BellSouth, and the
Florida Public Utilities Company have not been received at the time this report
was written. Any concerns will be addressed prior to consideration by the City
Commission.
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.
The 60' wide right-of-way proposed for abandonment is unimproved and has
never been utilized for the intended purpose. In addition, by vacating this
area and replatting the surrounding area as part of the new Atlantic High
School Site, the public need for the use of this right-of-way will be served for
a different purpose.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The subject abandonment will not prevent access to any parcel, as all
affected parcels will be replatted and incorporated as part of the new Atlantic
High School Site.
Planning and Zoning Board Staff Report
Abandonment of R-O-W extension for NW 23rd Ave
Page 3
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.
Removal or relocation of any utilities currently located within the
abandonment area will be addressed with the plat.
The development proposal is not within the geographical area requiring review
by the CRA (Community Redevelopment Agency), the DDA (Downtown
Development Authority) or HPB (Historic Preservation Board).
Courtesy Notices:
Courtesy notices have been provided to the following groups:
PROD - Progressive Residents of Delray
Presidents Council
Sudan Homeowners Association
Delray Shores Homeowners Association
Woodlake Homeowners 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.
As previously mentioned, the abandonment area is associated with the new
Atlantic High School site. As such, the City has no plans to improve the subject
parcel. Access will not be prevented to any lot of record and any utility issues
will be addressed with the subsequent plat.
1. Continue with direction.
2. Recommend to the City Commission approval of the abandonment subject to
positive findings with respect to LDR Section 2.4.6(0)(5).
Planning and Zoning Board Staff Report
Abandonment of R-O-W extension for NW 23rd Ave
Page 4
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).
By motion, recommend to the City Commission approval of the abandonment of
a 60-foot wide northerly right-of-way extension for N.W. 23rd Avenue (platted as
S.W. 23rd Avenue), located within the Replat of Breezy Ridge Estates (Plat Book
24, Page 116), based upon positive findings with respect to LDR Section
2.4.6(0)(5).
Attachments:
Location Map
· Copy of Replat of Breezy Ridge Estates (PB 24, PG 116)
· Copy of Right-of-Way Deed
File: S:\Planning&Zoning\Boards\P&Z\NW23rdAve Abandonment.doc