Res 65-04 RESOLUTION NO. 65-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT-
OF-WAY (ROW) LOCATED APPROXIMATELY 1,700 FEET
SOUTH OF GULF STREAM BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT
OVER THE ENTIRE AREA THEREOF, AS MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of Dixie Highway Right-of-Way (ROW), as more particularly described
herein; and
WHEREAS, said application for abandonment of a general public fight-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)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, fommlly reviewed the matter at a public heating on August 16,
2004, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings
with respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement
be retained over the enfixe area; and
WHEREAS, the City Commission of the City of Del~ay 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), but does not abandon and retains and
reserves unto itself a utility easement over the entire area thereof, as more particularly described
herein, 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 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, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Deltay Beach City Commission to vacate and abandon all
fight and interest it holds to the following real property for fight-of-way purposes only, but does not
abandon and retains and reserves unto itself a utility easement over the entire area thereof, 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 for various public utilities
whether owned by the City or private corporations, more particularly described as follows:
THE EAST 20 FEET OF RIGHT-OF-WAY FOR DIXIE
HIGHWAY, LYING WEST OF AND ADJACENT TO LOT 4,
DFJ.RAY BEACH ESTATES, ACCORDING TO THE PLAT
THEROF, AS RECORDED IN PLAT BOOK 21, PAGE 13 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, LESS THE SOUTH 20 FEET THEREOF.
Containing 1,620 square feet (0.037 acre), more or less.
PASSED AND ADOPTED in regular session on this the ~'day of
2004.
ATi¥,ST:
Acting City Clerk
2
Resolution No. 65-04
THRU: PAUL )ORUNG,'O RE.C OR OF PLANNING AND.__ N NG
FROM: NGUYEN TRAN, SEN~;)~ PLANNER ~'/'~0~ ~
SUBJECT: MEETING OF SEPTEMBER 7, 2004 ***CONSENT AGENDA***
ABANDONMENT OF A PORTION OF DIXIE HIGHWAY RIGHT-OF-WAY,
DIRECTLY ADJACENT TO LOT 4 OF THE PLAT OF DELRAY BEACH
ESTATES, APPROXIMATELY 1,700 FEET SOUTH OF GULF STREAM
BOULEVARD.
The request involves abandoning a 20' by 81' rectangular shaped parcel, containing 1,620 square feet
(0.037 acres). The parcel represents the east 20' of the 80' Dixie Highway right-of-way, which abuts
Lot 4 of Delray Beach Estates. The proposed abandonment will reduce the Dixie Highway right-of-way
to 60 feet, which is the standard width for a local read and is consistent with previous abandonments.
Currently, the subject area is vacant and the City does not intend to improve this portion of Dixie
Highway right-of-way beyond 60 feet. During the Conditional Use request, it was noted that an
additional right-of-way dedication is required for Federal Highway (U.S. 1), which abuts this property to
the east. This dedication was attached as a condition of approval of the Conditional Use.
BellSouth reviewed the requested abandonment and has identified buried telecommunication facilities
within the abandonment area. The City's Environmental Services .Department has identified a sanitary
sewer line located within the subject area. The City's Fire Department has reviewed the request and
has no objection to the abandonment. Florida Power and Light, Florida Public Utilities Company and
Adelphia Cable have also reviewed the requested abandonment and have no objection. Due to the
various facilities identified within the proposed abandonment area, a utility easement over the entire
abandonment area will be required to adequately cover existing utilities. This is to be accomplished by
reserving a utility easement within the abandonment resolution.
On August 16, 2004, the item was considered by the Planning and Zoning Board. Chairman Sowards
opened the public hearing and no one from the public spoke. The Board voted 6-0 (Pike absent) to
recommend approval, subject to the following conditions: The Official Resolution abandoning the
subject area includes language which establishes a utility easement over the entire abandonment area;
and, Dedication of 10 feet of right-of-way along Federal Highway adjacent to Lot 4 (Less the south 20
feet) of the Plat of Delray Beach Estates.
Approve the request for the abandonment of the eastern 20' of Dixie Highway lying west of and
adjacent to Lot 4 of Delray Beach Estates (less the south 20 feet) 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(0)(5) of the LDR's with the following
condition:
1. That the abandonment resolution will not be forwarded for recordation until 10 feet of right-of-
way along Federal Highway adjacent to Lot 4 (less the south 20 feet) of the Plat of Delray
Beach Estates has been dedicated.
2. That an easement be retained over the entire abandonment area.
A~achmer~ts: Location Map, Abandonment Resolution, P&Z Staff Report of August 16, 20G4
S:\Plenning & Zoning\BOARDS\CITY COMMISS]ON\D~xle Hwy Abandonrcent*Weatherspoon Carw~ash.doc ~ ~
RESOLUTION NO. 65-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELl{AY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT-
OF-WAY (ROW) LOCATED APPROXIMATELY 1,700 FEET
SOUTH OF GULF STREAM BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT
OVER THE ENTIRE AREA THEREOF, AS MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of Dixie Highway Right-of-Way CROW), 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 Deb:ay 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 hearing on August 16,
2004, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings
with respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement
be retained over the enfixe 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(O)(5), but does not abandon and retains and
reserves unto itself a utility easement over the enti~e area thereof, as more particularly described
herein, for the purpose of emergency access and constructing and/or m£mtainmg, either over or
under the surface poles, v,/L~es, 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, 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 Comn~ssion to vacate and abandon all
right and interest it holds to the follov~mg real property for right-of-way purposes only, but does not
abandon and retains and reserves unto itself a utility easement over the entire area thereof, for the
purpose of emergency access and constructing and/or maintaining, either over or under, the surface
poles, v~xes, pipes, sewers, drainage facilities, or any other facilities used for various public utilities
whether owned by the City or private corporations, more particularly described as follows:
THE EAST 20 FEET OF RIGHT-OF-WAY FOR DIXIE
HIGHWAY, LYING WEST OF AND ADJACENT TO LOT 4,
DELRAY BEACH ESTATES, ACCORDING TO THE PLAT
THEROF, AS RECORDED IN PLAT BOOK 21, PAGE 13 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, LESS THE SOUTH 20 FEET THEREOF.
Containing 1,620 square feet (0.037 acre), more or less.
PASSED AND ADOPTED in regular session on this the day of
2004.
MAYOR
ATTEST:
City Clerk
2
Resolution No. 65-04
GULF STREAM BOULEVARD
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~ - PROPOSED ABANDONMENT -
O~ ~ ~AY BEA~. FL ADJACENT TO LOT 4, DEL~Y B~CH ESTA~S (PB21, PG13)
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: August 16, 2004
AGENDA ITEM: ~v.c.
ITEM: Abandonment of a portion of the Dixie Highway right-of-way,
adjacent to Lot 4 of the Plat of Delray Beach Estates, approximately
1,700 feet south of Gulf Stream Boulevard.
GENERAL DATA:
Owner .................................. General Public
AgentJApplicant .................... Jimmy Weatherspoon,
Weatherspoon Connection, Inc.
Location ............................... East 20 ft. of Old Dixie
Highway Right-of-Way
Adjacent to Lot 4, Delray
Beach Estates.
Property Size ........................ 0.037 Acre
Existing FLUM Designation.. GC (General Commercial)
Current Zoning ..................... GC (General Commercial)
Adjacent Zonings ........ North: GC (General Commercial)
East: GC (General Commercial)
South: GC (General Commercial)
West: CF (Community Facilities)
Existing Land Use ................ Unimproved right-of-way.
Proposed Land Use ............. Aggregation into adjacent lot
to be used for open space
and landscape area.
Water Service ...................... n/a with this request.
Sewer Service ...................... n/a with this request.
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a portion of the Dixie Highway
right-of-way, directly adjacent to Lot 4 of the Plat of Delray Beach Estates,
approximately 1,700 feet south of Gulf Stream Boulevard.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
The subject pamel is located on the east side of Dixie Highway, approximately
1,700 feet south of Gulf Stream Boulevard. This portion of Dixie Highway was
dedicated with the recordation of the Plat of Delray Beach Estates (Plat Book 21,
Page 13, of the Public Records of Palm Beach County, Florida), in July of 1946.
Presently, the proposed abandonment area is vacant and is not being used for
access.
Dixie Highway right-of-way from Gulf Stream Boulevard, south to the north line of
pamel 708 (H & H Carpet Site) measures 80 feet in width with the exception of
Lot 18 (Jennings Commemial Building), Lots 6, 7 & 8 (Delray Cycle), Lots 13 &
14 (Tri-Ed Properties) and Lot 5.1 (2300 Dixie Highway) which due to prior
abandonments have been reduced to 60 feet in width.
If the subject area is abandoned, the Dixie Highway right-of-way will be reduced
to 60 feet, which is the standard width for a local road and consistent with
previous abandonments.
The subject area is a 20' by 81' rectangular shaped parcel, containing 1,620
square feet (0.037 acre). The parcel represents the east 20' of the 80' Dixie
Highway right-of-way, which abuts Lot 4 of Delray Beach Estates.
The abandonment request was submitted by the owner of Lot 4, Mr. Jimmy
Weatherspoon, President of Weatherspoon Connection, Inc. The south 20 feet
of Lot 4 was conveyed to the City by the previous owner to be utilized for a
roadway connecting Dixie Highway to Federal Highway; therefore, the proposed
abandonment area will exclude the south 20' of Dixie Highway adjacent to Lot 4.
Currently, Lot 4 contains two vacant 1-story buildings and paved parking areas.
Lot 4 was part of a land exchange between Weatherspoon Connection, Inc. and
Porten Russell, LLC to relocate Pineapple Grove Carwash (formerly located at
the northwest corner of N.E. 2nd Street and Pineapple Grove Way) to this site in
order to accommodate a mixed use development named City Walk. The owner
intends to aggregate the abandonment area into this development proposal and
install irrigation, sod and landscaping. A Conditional Use request to establish a
Planning and Zoning Board Staff Report
Weatherspoon Carwash/Dixie Highway R-O-W Abandonment
Page 2
install irrigation, sod and landscaping. A Conditional Use request to establish a
carwash facility on this site was approved and Site Plan approval is pending.
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 (i.e. property dedicated exclusively from a single pamel shall be
returned to that parcel; property dedicated through subdivision shall be divided at
the center line and returned equally to abutting parcels).
Accordingly, the Applicant is entitled to the entire abandonment area as it was
dedicated entirely from Lot 4 (less the south 20 feet), Plat of Delray Beach
Estates.
During the Conditional Use request, it is noted that Federal Highway (U.S. 1)
ultimate width has not been dedicated. The current right-of-way width for Federal
Highway adjacent to these properties on the east is 100 feet. The ultimate width
for Federal Highway should be 120 feet. There is a need for right-of-way
dedication of 10 feet for property owners on both sides of Federal Highway. As
identified as a condition of approval from the Conditional Use request and as part
of this abandonment action, it is appropriate to concurrently obtain a 10 feet right-
of-way dedication along Federal Highway.
Utility Services
The City's Environmental Services Department has identified a sanitary sewer
line located within the subject area. Environmental Services has no objection to
the abandonment if a 12' wide utility easement is provided centered over the
affected area. The granting of said easement will be a condition of approval for
this abandonment.
BellSouth has identified buried telecommunication facilities within the
abandonment area. BellSouth has stated that they are not in support of the
abandonment unless they were granted a utility easement over these facilities.
The City's Fire Department has reviewed the request and has no objection to the
abandonment. Florida Power and Light, Florida Public Utilities Company and
Adelphia Cable have also reviewed the requested abandonment and have no
objection.
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment
being approved, the following findings must be made:
Planning and Zoning Board Staff Repor{
Weatherspoon Carwash/Dixie Highway R-O-W Abandonment
Page 3
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 will reduce the Dixie Highway right-of-way to 60
feet, which is the standard width for a local road and consistent with prior and
proposed adjacent abandonments. The City does not intend to improve this
right-of-way beyond 60 feet for any public purpose.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
As the subject parcel only abuts Lot 4 of Delray Beach Estates, which is
owned by the applicant, this abandonment will not prevent access to any
adjacent parcels.
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.
All utilities currently located in the subject area will remain as they exist. As a
condition of approval a utility easement over the entire abandonment area is
to be provided for maintenance and improvement purposes.
As previously stated access will not be affected by this abandonment.
The development proposal is within the geographical area requiring review by the
CRA (Community Redevelopment Agency). The CRA considered this
abandonment at its June 10, 2004 meeting, and recommended approval.
The development proposal is not within a geographical area requiring review by
the HPB (Historic Preservation Board), or the DDA (Downtown Development
Authority).
Courtesy Notices:
Courtesy notices have been provided to the following:
· Seacrest Homeownem Association
· Kokomo Key Homeowners Association
· PROD & Presidents 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.
Planning and Zoning Board Staff Report
Weatherspoon Carwash/Dixie Highway R-O-W Abandonment
Page 4
As the subject right-of-way is unimproved and there are no plans for its
improvement, its intended use is limited. In addition, this abandonment would
not impair the prevision of utility services or access to adjacent lots. The purpose
of the abandonment is to incorporate the vacated area with the adjacent parcel to
the east in an overall development plan. As mentioned previously, this
development plan has been submitted and is currently seeking Site Plan
approval. The creation of a utility easement over the affected area will
accommodate all future utility needs.
1. Continue with direction.
2. Move approval of the request for the abandonment of the eastern 20' of Dixie
Highway lying west of and adjacent to Lot 4 of Delray Beach Estates (less the
south 20 feet) 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(0)(5) of the
LDR's with conditions.
3. Move denial of the request for abandonment by finding that the request and
approval thereof is not consistent with the Comprehensive Plan and does not
meets criteria set forth in Section 2.4.6(0)(5) of the LDR's.
Move approval of the request for the abandonment of the eastern 20' of Dixie
Highway lying west of and adjacent to Lot 4 of Delray Beach Estates (less the
south 20 feet) 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(0)(5) of the
LDR's with the following conditions:
1. The Official Resolution abandoning the subject area includes language
which establishes and retains a utility easement over the entire affected
area.
2. Dedication of 10 feet of right-of-way along Federal Highway adjacent to
Lot 4 (Less the south 20 feet) of the Plat of Delray Beach Estates.
Attachments:
· Location Map
Reduced Site Survey
File: S:\Planning&Zoning\P&Z~Dixie Highway Abnd-Wea~herspoon Carwash.doc