Res 06-12EITY OF OELRRY BEREH
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CITY CLERK 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444
CERTIFICATION
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I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray m
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Beach, do hereby certify that the attached document is a true and correct -M
copy of Resolution No. 06 -12, as the same was passed and adopted by the rsk
Delray Beach City Commission in regular session on the 7th day of February 22
2012. ''`l
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IN WITNESS WHEREOF, I have hereunto set my hand and the >
official seal of the City of Delray Beach, Florida, on this the 14th day of M
February 2012.��,
DELRAY BEACH
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CITY CLERK 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444
CERTIFICATION
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I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray m
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Beach, do hereby certify that the attached document is a true and correct -M
copy of Resolution No. 06 -12, as the same was passed and adopted by the rsk
Delray Beach City Commission in regular session on the 7th day of February 22
2012. ''`l
CL-1
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IN WITNESS WHEREOF, I have hereunto set my hand and the >
official seal of the City of Delray Beach, Florida, on this the 14th day of M
February 2012.��,
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Chevelle D. Nubin, MMC;
City Clerk ,"n
City of Delray Beach, Florida
SERVICE - PERFORMANCE - INTEGRITY - RESPONSIBLE - INNOVATIVE - TEAMWORK
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Chevelle D. Nubin, MMC;
City Clerk ,"n
City of Delray Beach, Florida
SERVICE - PERFORMANCE - INTEGRITY - RESPONSIBLE - INNOVATIVE - TEAMWORK
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RESOLUTION NO, 0.6-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN
ALLEY RIGHT-OF-WAY, AS MORE FULLYDESCRIBED IN EXHIBIT
"A"i:BUT RESERVING AND RETAINING TO TI-IR CITY A UTILITY
EASEMENT FOR PUBLIC AND PRIVATE UTILITIES: OVER THE
ENTIRE AREA THEREOF, AS MORE PARTICULIAILY DESCRIBED
HEREIN,
WHEREAS, the City;of Delray Beach, Florida,. received an application for abandonment of
an alley right-of-way, as more particularly described in Exhibit <A" said alley tight-of-way being
located. adjacent to and south of Lot 1, Block 85 of the City of 'Delray Beach (fortnerly Town of
Linton), according to the Plat thereof, recorded 1
ed.in Plat Book ,1?4ge 3 of the Public. Records of
Palm Beach County, Florida; . and
WHEREAS, the application for abandonment of
said. right -of -way was processed, pursuant
to Section 2.4.6M.,., "Abandonment of Rights- o£-.Ways, of -die Land Development Regulations of
the City of Delray Beach, ,Florida;. and
WHEREAS, pursuant. to LDR Section 2,44M(3)(e), the.Planning and, Zoning Bqqrd, as
Local Planning Agency, formally -reviewed the matter at a public hearing on January 23, 201.2 and
voted 6 to 0 to recommend approval of the abandonment, based upon positive findings -with respect
to LDR Section 2.4.6M. (5), and subject to the condition that a pein
utility easement be retained over the
entire area; and
WHEREAS, pursuant to LDR Section 2.4.6M, the application was forwarded to the City
Commission with the recommendation that the abandonment. be -approved., . based upon Positive
findings;, and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it to be in
the best interest of the City of Delray Beach to vacate and -abandon said alley right of way, based
upon positive findings pursuant, to LDR. Section 2.4,6M(5), but. does not abandon and retains and
reserves unto itself a utility easement over the entire area thereof, as mote particularly described
herein in Exhibit "A ", f6t, the purpose of emergency access and constructing and/or maintaining,
eithor over or tinder, the surface poles, wires, Pipes, sewers,. drainage facilities, or any other facilities
used for various public. utilities whether owned by the City or private corporations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 'THE
CITY OF DELRAY BEACH, FLORIDA:
Sectioa 1. Thatihe foregoing recitals ate Hereby incorporated herein by this reference.
Section 2. That putsuant to Chapter 177,101(5) and Chapter 166 of the: Florida
Statutes, it is hereby determined by the Delray Beach Commission to vacate and abandon alt right
and interest it holds to the following real property, for .tight -of- «ray purposes oi3ly, it sloes not
abandon and retains and reserves unto itself a utility-easement for the purpose of emergency - access
and constructing anal /or maintaining, either over or under, the surface poles,. wires, pipes, sewers;
drainage facilities; or any other facilities used for various public utilities whether owned: by the:: City
of private corporations, over the entire area thetteof, more particularly described as follows:
PASSED ANI7
X012.
11`I`TEST:
CITY CLERK
See, Exhibit. "A"
ADOPTED in, re
_ gulax session, qtr t%is die day of
2
MAYO
RES. NO. 06-12
SKETCH & LEGAL DESCRIPTION
ALLEY ABANDONMENT
THIS IS NOT A SURVEY
EXHIBIT "A"
LEGEND
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R/W
RIGHT OF WAY
ti
O. R. B
P.B.
OFF7CIAL RECORDS BOOK
PLAT BOOK
OG
PG
P.O.0
PAGE
POINT OF COMMENCEMENT
P.O. B
POINT OF BEGINNING
P.O. T
POINT OF TERMINUS
C/L
CENTER LINE
U.E.
UTILITY EASEMENT
P. C.
POINT OF CURVE
16.0'
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16.0'
S.E. 2 AVENUE
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ALLEY TO BE ABANDONED
DESCRIPTION, THAT PORTION OF THE 16.0 FOOT ALLEY LYING SOUTH OF AND WIT711N THE
SOUTHERLY EXTENSIONS OF THE EAST AND WEST LINES OF LOT 1, BLOCK 85 OF THE CITY
OF DELRAY BEACH (FORMERLY LINTON), PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT
BOOK 1, PAGE 3, PALM BEACH COUNTY RECORDS
BRUCE CARTER & ASSOCIATES, INC.
SURVEYORS- PLANNERS
405 S.E. 6TH AVE.
(SOUTH FEDERAL HIGHWAY)
DELRAY BEACH, FLORIDA 33483
_ PHONE (561)- 265 -1910 / FAX (561) -265 -1919
#5 S.E. 2 AVENUE DELRAY BEACH
ALLEY ABANDONMENT
THIS SKETCH IS NOT VAUD
UNLESS IT BEARS AN
ORIGIONAL SIGNATURE AND
AN EMBOSSED SURVEYORS
SEAL
BRUCE N CARTER
REGISTERED LAND SURVEYOR
12963
STATE OF FLORIDA
DATE 110912012
DRAWN BY BC
F.B. PC. NA
SCALE NTS
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Ronald Hoggard, AICP, Principal Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH:City Manager
DATE:January 31, 2012
SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF FEBRUARY 7, 2012
RESOLUTION NO. 06 -12: ALLEY ABANDONMENT; VETERANS OF FOREIGN WARS
(VFW)
ITEM BEFORE COMMISSION
The item before the Commission is consideration of abandonment of the 16’ east-west alley located
south of and adjacent to the former VFW building at 5 SE 2nd Avenue, pursuant to LDR Section 2.4.6
(M), Abandonment of Rights-of-W ay. A utility easement is being retained over the entire area.
BACKGROUND
The subject paved alleyway was dedicated with the re cording of the Town of Linton Plat (Plat Book 1,
Page 3) on March 25, 1910. The proposed alley ab andonment area is the remaining right-of-way
following abandonment of the east portion of the alley to accommodate the redevelopment of the Grove
Square project. The alley currently serves as a serv ice court for the adjacent properties to the north and
south. The abandonment area is a 16’ x 47.7’ rect angular shaped parcel containing approximately 763
sq. ft. (0.018 acres). The abandonment request was submitted by the owner of the adjacent property to
the north (formerly the VFW), which is being redeve loped as a new restaurant, known as “Racks”. An
application for site plan approval has been submitted for the new restaurant.
REVIEW BY OTHERS
Development Services Management Group (DSMG):On December 22, 2011, the DSMG reviewed the
alleyway abandonment request and recommended approval, subject to retention of an easement to cover
existing utilities.
Environmental Services Department: The City’s Environmental Services Department (ESD) has
reviewed the request and has no issues with the abandonment provided a utility easement is retained
over the entire abandoned area to accommodate existing utilities.
Utility Providers: Florida Public Utilities, AT&T, Comcast and FP&L all stated that they do not object
Page 1of 2 Coversheet
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to the abandonment, provided an easement is retained.
Downtown Development Authority (DDA):On January 9, 2012, the DDA reviewed the alleyway
abandonment request and unanimously recommended approva l subject to: 1) the alley is to be used as
service court ONLY; 2) continued use for utilities; and 3) no permanent structures be allowed in the
alley.
Community Redevelopment Agency (CRA):On January 12, 2012, the CRA reviewed the alleyway
abandonment request and recommended approval.
Planning and Zoning Board: On January 23, 2012, the Planning and Zoning Board reviewed the
proposal and recommended approval (6-0) of the abandonment, by adopting the findings of fact and law
contained in the staff report, and finding that the re quest 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 aba ndonment is provided in the attached Planning and
Zoning Board staff report.
RECOMMENDATION
By motion, approve Resolution No. 6-12 to abandon the east-west alley right-of-way located south o f
and adjacent to the former VFW building at 5 SE 2 nd Avenue, within Block 85 of the Town of Linton
and dedicated by the Plat thereof, as recorded in Plat Book 1, Page 3, of the Public Records of Palm
Beach County, Florida, 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.
Page 2of 2 Coversheet
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RESOLUTION NO. 6-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN
ALLEY RIGHT-OF-WAY, AS MORE FULLY DESCRIBED IN EXHI BIT
“A”, BUT RESERVING AND RETAINING TO THE CITY A UTIL ITY
EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE
ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the City of Delray Beach, Florida, receiv ed an application for abandonment of
an alley right-of-way, as more particularly describ ed in Exhibit “A”; said alley right-of-way being
located adjacent to and south of Lot 1, Block 85 of the City of Delray Beach (formerly Town of
Linton), according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of
Palm Beach County, Florida; and
WHEREAS, the application for abandonment of said r ight-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, Florida; and
WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), t he Planning and Zoning Board, as
Local Planning Agency, formally reviewed the matter at a public hearing on January 23, 2012 and
voted 6 to 0 to recommend approval of the abandonmen t, based upon positive findings with respect
to LDR Section 2.4.6(M)(5), and subject to the cond ition that a utility easement be retained over the
entire area; and
WHEREAS, pursuant to LDR Section 2.4.6(M), the app lication was forwarded to the City
Commission with the recommendation that the abandon ment be approved, based upon positive
findings; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it to be in
the best interest of the City of Delray Beach to va cate and abandon said alley right of way, based
upon positive findings pursuant to LDR Section 2.4.6(M)(5), but does not abandon and retains and
reserves unto itself a utility easement over the en tire area thereof, as more particularly described
herein in Exhibit “A”, for the purpose of emergency access and constructing and/or maintaining,
either over or under, the surface poles, wires, pip es, sewers, drainage facilities, or any other facil ities
used for various public utilities whether owned by the City o r private corporations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI ON OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1 . That the foregoing recitals are hereby incorporated her ein by this reference.
2 RES. NO. 6-12
Section 2 . That pursuant to Chapter 177.101(5) and Chapter 1 66 of the Florida
Statutes, it is hereby determined by the Delray Bea ch Commission to vacate and abandon all right
and interest it holds to the following real propert y, for right-of-way purposes only, but does not
abandon and retains and reserves unto itself a util ity easement for the purpose of emergency access
and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers,
drainage facilities, or any other facilities used f or various public utilities whether owned by the Ci ty
or private corporations, over the entire area thereof, more particularly described as follows:
See, Exhibit “A”
PASSED AND ADOPTED in regular session on this the _______ day of
________________, 2012.
_____________________________________
M A Y O R
ATTEST:
__________________________________
CITY CLERK
IV.C.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: January 23, 2012
AGENDA ITEM: IV. E.
ITEM: Abandonment of the alley right-of-way located south of and adjacent to the former
VFW building at 5 SE 2nd Avenue.
GENERAL DATA:
$SSOLFDQW«« BOEJ, LLC
Owne UV««««««« BOEJ, LLC
$JHQW«««««««« Covelli Design Associates, Inc..
Location.......................... East side of SE 2 nd Avenue south of and
adjacent to the former VFW building at 5 SE 2 nd
Avenue.
Property Size.................. 0.018 acres
Future Land Use Map « Commercial Core
Current Zoning............... CBD (Central Business District)
Adjacent Zoning....North: CBD (Central Business District)
East: CBD (Central Business District)
South: CBD (Central Business District)
West: CBD (Central Business District)
Existing Land Use.......... Alley right-of-way serving as a service
court
Proposed Land Use........ Service court
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission on the
proposed abandonment of the alley right-of-way located south of and adjacent to the former
VFW building at 5 SE 2 nd Avenue.
This right-of-way abandonment is being pr ocessed pursuant to LDR Section 2.4.6(M),
Abandonment of Rights-of-Way.
BACKGROUND
The alley right-of-way was dedicated by the plat of the Town of Linton, which was recorded in
Plat Book 1, Page 3, on March 25, 1910.
The proposed alley abandonment area is the re maining right-of-way following abandonment of
the east portion of the alley to accommodate the redevelopment of the Grove Square project.
The alley currently serves as a service court for the adjacent properties to the north and south.
ABANDONMENT DESCRIPTION
The subject alley right-of-way is 16 feet wide by 47.7 feet long and is located between the
former VFW building and the iL Bachio restaurant.
ABANDONMENT ANALYSIS
Pursuant to LDR Section 2.4.6(M)(1), public ri ght-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 pa rcel; property dedicated through
subdivision shall be divided at the center lin e and returned equally to abutting parcels.)
As previously stated, the subject alley right-of way was dedicated by the plat of the Town of
Linton and the owner of the adjacent property to th e north (the Applicant) is entitled to the north
half of the abandoned area. The south half of the abandoned right-of-way will go to the owner of
the property to the south which contains the iL Bachio restaurant.
The &LW\¶V(Q vironmental Services Department (ESD) has reviewed the request and has no
issues with the abandonment provided a utility ea sement is retained over the entire abandoned
area to accommodate existing utilities. Likewise, Florida Public Utilities, AT&T, Comcast and
FP&L all stated that they do not object to the abandonment, provided the easement is retained.
REQUIRED FINDINGS
Pursuant to LDR Section 2.4.6(M)(5), prior to any right-of-way abando nment being approved,
the following findings must be made:
A) That there is not, nor will th ere be a need for th e use of the right-of-way for any public
purpose.
The existing alley right-of-way is not the pr imary access for the adjacent properties to the
north and south, which fr ont directly on SE 2 nd Avenue. Since the east portion of the right-of-
way was abandoned earlier to accommodate the redevelopment of the Grove Square
project, the alley dead-ends at the edge of the ad jacent property to the east. It is currently