Res 66-04 RESOLUTION NO. 66-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF S.W. 7TM STREET RIGHT-
OF-WAY, LOCATED BETWEEN INTERSTATE 95 AND S.W.
17TM AVENUE RIGHTS-OF-WAYS, AS MORE PARTICULARLY
DESCRIBED HEREIN.
WHEREAS, the City of Dekay Beach, Florida, received an application for
abandonment of a portion of S.W. 7t~ Street right-of-way located on the west side of S.W. 17*
Avenue, as more particularly described herein; and
WHEREAS, said application for abandonment of a general public right-of-way was
processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Delray 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 20,
2004, 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 Dekay Beach to vacate and abandon said right-of-way, based upon
positive findings pursuant to LDR Section 2.4.6(O)(5),.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby incorporated herein by this
reference.
.Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all
right and interest it holds to the following real property for right-of-way purposes only, as more
particularly described as follows:
THAT PORTION OF THE NORTH 20 FEET OF LOT 5, MODEL LAND
COMPANY'S SUBDIVISION OF THE SOUTH-EAST QUARTER & EAST
HALF OF THE NORTH-EAST QUARTER OF SECTION 19, TOWNSHIP
46 SOUTH, RANGE 43 EAST, LYING EAST OF THE EAST RIGHT OF
WAY LINE OF INTERSTATE 95 AS DESCRIBED IN OFFICIAL
RECORD BOOK 1982, PAGE 1524, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 6, PAGE 53, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, LESS THE EAST 25 FEET
THEREOF.
Containing 2,743 square feet (0.063 acre), more or less.
PASSED AND ADOPTED in regular session on this the-~day of
~, 2004.
ATI'PLST:
Acting City Clerk
2
Resolution No. 66-04
TO: DAV~.~ .'r. ~A~I3~E~I! C. ITY MANAGER
THRU:PA6 D d ' G, ECTOR OF P,A.. G AND
FROM.' NGUYE. TRA., 'E.,ORP.A..ER
SUBJECT: MEETING OF SEPTEMBER 7, 2004 ~ ***CONSENT AGENDA***
ABANDONMENT OF A PORTION OF THE S.W. 7TM STREET RIGHT-OF-WAY,
LOCATED BETWEEN 1-95 AND S.W. 17TM AVENUE RIGHTS-OF-WAYS
The request involves abandoning a 20' by 137' rectangular shaped parcel, containing 2,743
square feet (0.063 acres). The subject parcel represents the south half of a 40' wide portion of
S.W. 7th Street, located on the west side of S.W. 17th Avenue and was dedicated with the
recordation of the Model Land Company's subdivision of the southeast quarter & east half of
the northeast quarter of Section 19 in May of 1916. No public facilities have been identified
within the proposed abandonment area; therefore, the City's Environmental Services
Department and Fire Department has no objection to the abandonment. Adelphia Cable,
Florida Power & Light, Florida Public Utilities Company, and BellSouth have also reviewed the
requested abandonment, and have no objection. Currently the subject right-of-way (ROW) is
unimproved and is currently being utilized as a dirt parking area for employees of Casale
Marble. The City does not intend to improve this dead end right-of-way for any public purpose.
The owner of the adjacent property would like to use the abandonment area for additional
parking.
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 move a recommendation of approval for the abandonment of the southern 20
feet of S.W. 7th Avenue right-of-way, located west of S.W. 17th Avenue.
Approve the request for the abandonment of the southern 20' of S.W. 7th Street lying between
S.W. 17th Avenue and Interstate 95 rights-of-ways 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 Land
Development Regulations.
Attachments:
· Location Map
· Abandonment Resolution
· P&Z Staff Report of August 16, 2004
S;\Planning & Zoning\BOARDS\CITY COMMISSION~Abandonment of SW 7th Street.doc
SOU TH COUNTY
ADMINISTRATIVE ;.w. 5RD CT DELRA Y
COMPLEX FULL SERf, ICE
CENTER
Tri-Rail
UNCLE BOB'S I--
S.W. 6TH ST.
SELF
STORAGE
O5.
L~J STRONC
_z 'SITE
A~C CARP£T
& HOME CENTER
the OUTLET __ sT.__ ~:¢m. so.
CAR V~R
ES TA FE_'S
DELRAY sw 7TH
COLD
STORAGE
DELRA Y
COMMERCIAL
CENTER
LOWSON BLVD. S.W. 10TH STREET
FP&L ~
-~ - ABANDONMENT -
ar~ o¢ ocJ~^~ ac^c.. ~ A PORTION OF S.W. 7TH STREET
RESOLUTION NO. 66-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF S.W. 7TM STREET RIGHT-
OF-WAY, LOCATED BETWEEN INTERSTATE 95 AND S.W.
17TM AVENUE RIGHTS-OF-WAYS, AS MORE PARTICULARLY
DESCRIBED HEREIN.
WHEREAS, the City of Delxay Beach, Florida, received an application for
abandonment of a portion of S.W. 7th Street right-of-way located on the west side of S.W. 17t~
Avenue, 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 Delzay 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 20,
2004, 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(O)(5),.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Delray Beach City Corrmatssion to vacate and abandon all
right and interest it holds to the following real property for right-of-way purposes only, as more
particularly described as follows:
THAT PORTION OF THE NORTH 20 FEET OF LOT 5, MODEL LAND
COMPANY'S SUBDIVISION OF THE SOUTH-EAST QUARTER & EAST
HALF OF THE NORTH-EAST QUARTER OF SECTION 19, TOWNSHIP
46 SOUTH, RANGE 43 EAST, LYING EAST OF THE EAST RIGHT OF
WAY LINE OF INTERSTATE 95 AS DESCRIBED IN OFFICIAL
RECORD BOOK 1982, PAGE 1524, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 6, PAGE 53, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, LESS THE EAST 25 FEET
THEREOF.
Containing 2,743 square feet (0.063 acre), more or less.
PASSED AND ADOPTED m regular session on this the day of
_, 2004.
MAYOR
ATTEST:
City Clerk
2
Resolution No. 66-04
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: August 16, 2004
AGENDA ITEM: IV.D.
ITEM: Abandonment of a portion of the S.W. 7th Street Right-Of-Way,
located between 1-95 and S.W. 17th Avenue Rights-Of-Ways.
GENERAL DATA:
Owner .................................. General Public
Agent ................................. Roy M. Simon, AIA
Applicant .......................... Casale Marble Imports, Inc.
Walter Casale, President
Location ............................... South half of SW 7th Street
between SW 17th Avenue &
Interstate 95 rights-of-ways.
Property Size ........................ 0.063 Acre
Existing FLUM Designation.. IND (Industrial)
Current Zoning ..................... LI (Light Industrial)
Adjacent Zonings ........ North: OS (Open Space)
East: LI
South: LI
West: Interstate 95 R-O-W
Existing Land Jse ................ Unimproved right-of-way
utilized for dirt parking.
Proposed Land Use ............. Aggregation into adjacent lot
to be used for required
parking and landscaping for
an existing business.
Water Service ...................... n/a with this request.
Sewer Service ...................... n/a with this request.
IV.D.
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a portion of the S.W. 7th Street
right-of-way, located between 1-95 and S.W. 17th Avenue rights-of-ways.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
The subject parcel was dedicated with the recordation of the Model Land
Company's subdivision of the southeast quarter & east half of the northeast
quarter of Section 19 in May of 1916.
Currently the subject right-of-way (ROW) is unimproved and is currently being
utilized as a dirt parking area for employees of Casale Marble.
The subject parcel is a 20' by 137' rectangular shaped parcel, containing 2,743
square feet (0.063 acre). The subject parcel represents the south half of a 40'
wide portion of S.VV. 7th Street, located on the west side of S.W. 17th Avenue.
The abandonment request was submitted by Mr. M. Walter Casale, the owner of
Casale Marble Imports, Inc. The property owner, Mr. Robert Case, executed the
Owners Consent Form and designated Mr. M. Walter Casale as agent on his
behalf. The applicant, Mr. Casale, intends to improve the subject area once
abandoned by expanding the existing paved parking area and installing
additional landscaping.
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 parcel shall be
returned to that parcel; property dedicated through subdivision shall be divided at
the center line and returned equally to abutting parcels.
As shown on the attached plat of the Model Land Company's subdivision of the
southeast quarter & east half of the northeast quarter of Section 19, the right-of-
way (now S.VV. 7th Street) measures 40' in total width and runs in an east-west
direction between Lots 3, 4, 5 & 6. Lots 3 & 4 dedicated the southern 20' while
Lots 5 & 6 dedicated the northern 20' for S.W. 7th Street right-of-way. The
abandonment area is located within a portion of the northern 20' of Lot 5. Since
the request is only to abandon the south half of S.W. 7th Street and not it's entire
width, the area that will be returned is the area originally obtained from the
owners. The applicant, Mr. Casale, has agreed to improve the subject area once
abandoned.
Planning and Zoning Board Staff Report
SW 7th Street R-O-W Abandonment
Page 2
The City's Environmental Services Department and Fire Department has
reviewed the request and has no objection to the abandonment. Adeiphia Cable,
Florida Power & Light, Florida Public Utilities Company, and BellSouth have also
reviewed the requested abandonment, and have no objection.
Pursuant to LDR Section 2.4.6(O)(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,
This portion of S.W. 7th Street, west of S.W. 17th Avenue, is an unimproved,
dead end roadway being utilized for a dirt parking area. No public facilities
have been located within this portion of S.VV. 7th Street and the City does not
intend to improve this right-of-way for any public purpose.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The abandonment will not prevent access to any adjacent parcel, as all
affected parcels front and take access from S.W. 17th Avenue.
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.
No utilities have been located within the abandonment area. As previously
stated under required finding section "B", access is not an issue with 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 July 22, 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:
· PROD
· Presidents Council
Planning and Zoning Board Staff Report
SW 7th Street R-O-W Abandonment
Page 3
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 the subject right-of-way is unimproved and there are no plans for its
improvement, its intended use is limited. It is further limited by the dead end
situation. In addition, this abandonment would not impair the provision of utility
services or access to adjacent lots since no utilities were identified and adjacent
lots take primary access from S.W. 17th Avenue. The purpose of the
abandonment is to incorporate the vacated area with the adjacent parcel to the
south to be improved and utilized as an expanded parking area and landscaping
as required for the existing business.
1. Continue with direction.
2. Move approval of the request for the abandonment of the southern 20' of
S.W. 7th Street lying between S.W. 17th Avenue and Interstate 95 rights-of-
ways 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
Land Development Regulations.
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 Land Development
Regulations.
Move approval of the request for the abandonment of the southern 20' of S.W. 7th
Street lying between S.W. 17th Avenue and Interstate 95 rights-of-ways 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 Land Development
Regulations.
A~t~chmenLs:
Location Map
Reduced Survey
Reduced Plat
File: S:\Planning&Zoning\Boards\P&Z~NW 2'" Avenue Abandonment.doc