Res 35-05
(' /,\
RESOLUTION NO. 35-05
A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y
OF DELRA Y BEACH, FLORIDA, VACATING AND
ABANDONING A 16' WIDE RIGHT-OF-WAY (ROW)
DEDICATED BY RIGHT-OF-WAY DEED AS RECORDED IN
OFFICIAL RECORD BOOK 11366, PAGE 1254, LOCATED
WITHIN A PORTION OF LOT 5, BLOCK 83 OF THE TOWN
OF LINTON (PLAT BOOK 1, PAGE 3).
I
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a 16' wide right-of-way dedicated by right-of-way deed (ORB 11366, PG 1254), as
more particularly described herein; and
WHEREAS, said application for abandonment of a 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 (M) (3) (e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on February 23,
2004, and voted 4 to 0 to recommend approval of the abandonment, based upon positive findings
with respect to LDR Section 2.4.6(M)(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(M)(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.
i 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:
i See Exhibit "A"
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(' /,,\
0~ PASSED AND ADOPTED in regular session on this the l dl- day of
,2005.
8æR l t!z.
I ATTEST:
I
~~~~~~~~~N
City Clerk
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2
Resolution No. 35-05
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EXHIBIT "A"
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P.O.c. LOT 4 BLOCK 83 LOT 12.
· BLOCK 83
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SHEET1OF2
. CAULFIELD ß WHEELER, INC. DATE 2 6 04
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
....II7301A w. PALMETTO PARK ROAD _ SUITE IOOA DRAWN BY BJF
..,.. BOCA RATON, FLORIDA 33433
PHONE (561)-392-1991 / FAX (561)-750-1452 F.B'; PG. N A
TOWNHOMES OF CREAl10NS - 16' RIGHT-OF-WAY SCALE 1'=30'
ABANDONMENT - SKETCH OF DESCRIPT10N JOB NO. 4511
'NOlES:
t 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S
SEAL
2. LANDS SHOWN HEREON WERE ABSTRACTED BY FIRST AMERICAN TITLE INSURANCE COMPANY;
COMMITMENT NUMBER 9018-323538; DATED JULY 28, 2003.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO ASSUMED DATUM.
4. THE "LAND DESCRIPTION" HEREON IS IN ACCORD WITH THE DESCRIPTION PROVIDED BY THE CLIENT.
5. UNDERGROUND FOUNDATIONS WERE NOT LOCATED.
6. FLOOD lONE: "X"; COMMUNITY PANEL NO. 125102 0004 D; DATE: JANUARY 5, 1989.
7. PROPERTY ADDRESS: 101 PINEAPPLE GROVE WAY, DELRA Y BEACH, FLORIDA 33444-3703.
DESCRIPTION:
THE LANDS IN THAT CERTAIN RIGHT-OF-WAY DEED TO THE CITY OF DELRAY BEACH AS RECORDED IN
OFFICIAL RECORDS BOOK 11.366, PAGE 1254, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT 5, BLOCK 8.3, AND A PORTION OF THE 16 FOOT ALLEY RIGHT-OF-WAY LYING EAST OF
AND ADJACENT TO LOT 5, BLOCK 8.3, "TOWN OF LINTON", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 1 AT PAGE .3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 5, BLOCK 8.3, "TOWN OF LINTON", ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; THENCE S 00' 00' 00" W ALONG THE WEST LINE OF SAID LOT 5 FOR A DISTANCE OF
28.85 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89' 59' 33" EAST FOR 82.85 FEET TO A POINT
OF CURVATURE; THENCE EASTERLY ALONG A CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE
SOUTH HAVING A RADIUS OF 44.40 FEET AND A CENTRAL ANGLE OF 19' 04' 5.3" FOR AN ARC DISTANCE
OF 14.79 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY, NORTHEASTERLY AND
NORTHERL Y ALONG A CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 28.40 FEET AND A CENTRAL ANGLE OF 109' OS' 47" FOR AN ARC DISTANCE OF 54.08 FEET
TO A POINT OF TANGENCY; THENCE N 00' 00' 27" E FOR 2.46 FEET TO THE NORTHEAST CORNER OF
SAID LOT 5; THENCE S 89' 09' 00" E FOR 16.00 FEET; THENCE S 00' 00' 27" W ALONG THE WEST LINE
OF LOT 1.3, OF SAID BLOCK 8.3 FOR A DISTANCE OF 2.22 FEET TO A POINT OF CURVATURE; THENCE
SOUTHERL Y, SOUTHWESTERLY AND WESTERLY ALONG A CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO
THE NORTHWEST HAVING A RADIUS OF 44.40 FEET AND A CENTRAL ANGLE OF 109' 05' 47" FOR AN ARC
DISTANCE OF 84.54 FEET TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY ALONG A CIRCULAR
CURVE TO THE LEFT AND CONCAVE TO THE SOUTH HAVING A RADIUS OF 28.40 FEET AND A CENTRAL
ANGLE OF 19' 04' 53" FOR AN ARC DISTANCE OF 9.46 FEET TO A POINT OF TANGENCY; THENCE N 89'
59' .33" W FOR 82.85 FEET TO POINT ON THE WEST LINE OF SAID LOT 5; THENCE N 00' 00' 00" ~ FOR
16.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 2,666 SQUARE'FEET / 0.0612 ACRES. MORE OR LESS.
CERTlFlCA TE:
I HEREBY CERTIFY THAT THE ATTACHED BOUNDARY SURVEY OF THE HEREON DESCRIBED PROPERTY IS
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON
SEPTEMBER 2, 200.3. I FURTHER CERTIFY THAT THIS BOUNDARY SURVEY MEETS THE MINIMUM TECHNICAL
STANDARDS SET fORTH IN CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND
MAPP~RS. PURSUAN~O ~TATUTES 472.027.
~~-P.L.S~
RE . L NO SURVt. OR 115302 SHEET 2 OF 2
STA OF FLORIDA - LB 11.3591
. CAULFIELDB WHEELER. INC. DATE 2/6/04
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY BJF
W7ÒOlA W. PALMETTO PARK ROAD - SUITE IOOA
BOCA RATON, FLORIDA 33433 F.B./ PG. N/A
PHONE (561)-392-1991 / FAX (561)-750-1452
TOWNHOMES OF CREAllONS - 16' RIGHT-OF-WAY SCALE 1"=30'
ABANDONMENT - SKETCH OF DESCRIPTION JOB NO. 4511
I "--,-<",""'¡-' I 01\
CITY C'OMMISSION DOCUMENTATION
f ."; Oi\
TO: DA~D , ~ANAGER
THRU: PAU DORL G, DI TOR OF PLANNING AND ZONING
FROM: N~~Ä, R PLANNER
SUBJECT: MEETING OF JUNE 7, 2005 *** CONSENT AGENDA ***
ABANDONMENT OF A 16' WIDE EAST-WEST RIGHT-OF-WAY DEDICATED BY
RIGHT-OF-WAY DEED AS RECORDED IN OFFICIAL RECORD BOOK 11366, PAGE
1254, LOCATED WITHIN A PORTION OF LOT 5, BLOCK 83 OF THE TOWN OF
LINTON PLAT (PLAT BOOK 1, PAGE 3),
I BACKGROUND I
The request involves abandoning a portion of a 16' wide east-west right-of-way, lying within Block 83
of the Town of Linton Plat, located approximately 313 feet south of N E 2nd Street, between N E 2nd
Avenue (Pineapple Grove Way) and NE 3rd Avenue. The subject alleyway portion was dedicated via
O.R.B. 11366 Pg. 1254 in association with the "Creations at Oelray Beach" project. The site design for
"Creations" necessitated the abandonment of the southern 320' of the existing alley, which provided a
continuous connection south to N.E. 1st Street. The dedication of the curvilinear alleyway parcel was
required in order to provide an alternative, continual, access route out to N.E. 2nd Avenue.
Pineapple Grove Properties, L TO., the owner of Lot 5, submitted the abandonment request. Pineapple
Grove Properties also owns Lots 6,7,8,13,14,15, & 16 of Block 83. The abandonment area is to be
aggregated with the remainder of the holdings and incorporated into a proposed project which will add
two (2) mixed-use buildings to the former Creations Site. At its meeting of February 23, 2004, the
Planning and Zoning Board recommended approval of the abandonment request based upon positive
findings with respect to LOR Section 2.4.6(M)(5), Abandonment of public rights-of-ways.
The site is being platted as Villas in the Grove (now known as Astor Condominiums) concurrent with
this abandonment request. The relocation and/or removal of existing utilities have been adequately
addressed on the engineering plans and all necessary easements have been provided on the plat.
Florida Power & Light, Adelphia Cable, BellSouth and Florida Public Utilities have reviewed the
abandonment request and have no objection. In addition, a replacement ingress-egress easement
has been dedicated on the plat providing continuous access south to NE 1st Street. Additional
background and a complete analysis of the request are found in the attached Planning and Zoning
Board report.
, PLANNING AND ZONING BOARD CONSIDERATION I
At its meeting of February 23, 2004, the Planning and Zoning Board considered the request at a public
hearing. Chairman Sowards opened the public hearing and no one from the public spoke. The Board
voted 4-0 (Joseph Pike and Oiane Borchardt absent) to recommend approval of the abandonment of
the portion of the east-west alley within Block 83, Town of Linton Plat, based upon positive findings
with respect to LOR Section 2.4.6(M)(5).
t ' "",,,_._,_,¡,,~¡¡¡,,,::;:,þ::;,,,;·_,, ,_-co, I
REÇ:~lM,M,ENDED ACTION
By motion, approve the abandonment of a portion of a 16' wide east-west right-of-way dedicated by
Official Record Book 11366, Page 1254, lying within a portion of Lot 5, Block 83 of the Town of Linton
Plat, based upon positive findings with respect to LOR Section 2.4.6(M)(5).
Attachments:
· Location Map
· Abandonment Resolution & Quit Claim Deed
· Planning & Zoning Staff Report of February 23,2004
S:\Planning & Zonlng\BOARDS\CITY COMMISSION\Abandonment of Right of Way-Block 83 Villas in the Grove doc ~~
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- - ABANDONMENT -
CITY OF DELRAY BEACH, FL 16' WIDE RIGHT-OF-WAY DEDICATED BY ORB. 11366, PAGE 1254
PLANNING '" ZONING DEP ARThlENT
-- DIGITAL BASE MAP SYSTEM --
-
RESOLUTION NO. 35-05
A RESOLUTION OF THE CI1Y C01vfMISSION OF THE CI1Y
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 16' WIDE RIGHT-OF-WAY (ROW)
DEDICATED BY RIGHT-OF-\VAY DEED AS RECORDED IN
OFFICV\L RECORD BOOK 11366, PAGE 1254, LOCATED
\VITHIN A PORTION OF LOT 5, BLOCK 83 OF THE TO\VN
OF LINTON (PLAT BOOK 1, PAGE 3).
WHEREAS, the City of Delray Beach, Flonda, receIved an application for
abandonment of a 16' wide nght-of-way dedtcated by right-of-way deed (ORB 11366, PG 1254), as
more partIcularly described herem; and
WHEREAS, said application for abandonment of a public right-of-way was
processed pursuant to Section 2.4.6(1vf), "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(M)(3)(e), the Planrung and Zoning
Board, as Local Planning Agency, formally reVlewed the matter at a public hearmg on February 23,
2004, and voted 4 to 0 to recommend approval of the abandonment, based upon positive [mdings
with respect to LDR Sectlon 2.4.6(M)(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 nght-of-way, based upon
posItive findings pursuant to LDR Section 2.4.6(1vf) (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 Flonda
Statutes, It is hereby determined by the Delray Beach CIty Commtsslon to vacate and abandon all
right and mterest it holds to the following real property for right-of-way purposes only, as more
partIcularly described as follows:
See Exhibit "A"
PASSED AND ADOPTED in regular session on thIs the _ day of
,2005.
MAYOR
ATTEST:
City Clerk
2
ResolutlOn No. 35-05
~ ______ h
EXHIBIT "A"
T'IPICAL
LEGEND NOWS
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P.o.c. LOT 4 BLOCK 83 LOT 12.
N... CORNER lOT 5. BLOCK II.} , BLOCK 83
"TOWN OF UN TON"
(P.B. I, Pc. J. PBCR)
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SHEET 1 OF 2
. CAULFIELD ß WHEELER, INC. DATE 2 6 04
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
.....730IA W. PALMETTO PARK ROAD - SUITE IOOA DRAWN BY BJF
..,. . BOCA RATON. FLORIDA 33433
PHONE (561)-392-1991 I FAX (561)-750-1452 F.B./ PG. N A
TOWNHOMES OF CREAl10NS - 16· RIGHT-OF-WAY SCALE 1'=30'
ABANDONMENT - SKETCH OF DESCRIPll0N JOB NO. 4511
~ 'NOlES:
J 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S
SEAL
2. LANDS SHOWN HEREON WERE ABSTRACTED BY FIRST AMERICAN TITLE INSURANCE COMPANY;
COMMITMENT NUMBER 9018-323538; DATED JULY 28, 2003.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO ASSUMED DATUM.
4. THE "LAND DESCRIPTION" HEREON IS IN ACCORD WITH THE DESCRIPTION PROVIDED BY THE CLIENT.
5. UNDERGROUND FOUNDATIONS WERE NOT LOCATED.
6. FLOOD lONE: "X"; COMMUNITY PANEL NO. 125102 0004 0; DATE: JANUARY 5, 1989.
7. PROPERTY ADDRESS: 101 PINEAPPLE GROVE WAY, DELRA Y BEACH, FLORIDA 33444-3703.
DESCRIP1l0N:
THE LANDS IN THAT CERTAIN RIGHT-OF-WAY DEED TO THE CITY OF DELRAY BEACH AS RECORDED IN
OFFICIAL RECORDS BOOK 11366, PAGE 1254, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT 5, BLOCK 83, AND A PORTION OF -THE 16 FOOT ALLEY RIGHT-OF-WAY LYING EAST OF
AND ADJACENT TO LOT 5, BLOCK 83, "TOWN OF LINTON", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 5, BLOCK 83, "TOWN OF LINTON", ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; THENCE S 00' 00' 00" W ALONG THE WEST LINE OF SAID LOT 5 FOR A DISTANCE OF
28.85 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89' 59' 33" EAST FOR 82.85 FEET TO A POINT
OF CURVATURE; THENCE EASTERLY ALONG A CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE
SOUTH HAVING A RADIUS OF 44.40 FEET AND A CENTRAL ANGLE OF 19' 04' 53" FOR AN ARC DISTANCE
OF 14.79 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY, NORTHEASTERLY AND
NORTHERL Y ALONG A CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 28.40 FEET AND A CENTRAL ANGLE OF 109" 05' 47" FOR AN ARC DISTANCE OF 54.08 FEET
TO A POINT OF TANGENCY; THENCE N 00' 00' 27" E FOR 2.46 FEET TO THE NORTHEAST CORNER OF
SAID LOT 5; THENCE S 89" 09' 00" E FOR 16.00 FEET; THENCE S 00' 00' 27" W ALONG THE WEST LINE
OF LOT 13, OF SAID BLOCK 83 FOR A DISTANCE OF 2.22 FEET TO A POINT OF CURVATURE; THENCE
SOUTHERL Y, SOUTHWESTERLY AND WESTERLY ALONG A CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO
THE NORTHWEST HAVING A RADIUS OF 44.40 FEET AND A CENTRAL ANGLE OF 109" 05' 47" FOR AN ARC
DISTANCE OF 84.54 FEET TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY ALONG A CIRCULAR
CURVE TO THE LEFT AND CONCAVE TO THE SOUTH HAVING A RADIUS OF 28.40 FEET AND A CENTRAL
ANGLE OF 19" 04' 53" FOR AN ARC DISTANCE OF 9.46 FEET TO A POINT OF TANGENCY; THENCE N 89"
59' 33" W FOR 82.85 FEET TO POINT ON THE WEST LINE OF SAID LOT 5; THENCE N 00" 00' 00- ~ FOR
16.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH. PALM BEACH COUNTY, FLORIDA.
CONTAINING 2,666 SQUARE'FEET / 0.0612 ACRES, MORE OR LESS.
CERllFlCA 1£:
I HEREBY CERTIFY THAT THE ATTACHED BOUNDARY SURVEY OF THE HEREON DESCRIBED PROPERTY IS
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON
SEPTEMBER 2, 2003. I FURTHER CERTIFY THAT THIS BOUNDARY SURVEY MEETS THE MINIMUM TECHNICAL
STANDARDS SET fORTH IN CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND
"APP~RS. PURSUA".:6{0 ~TATUTES 472.027.
~~-P.L.s~
RE. NO SUR ~ OR #5302 SHEET 2 OF 2
STA OF FLORIDA - LB #3591
CAULFIELD ß WHEELER, INC. DATE 2/6/04
~fIlII CIVIL ENGINEERING· lAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY BJF
730lA W. PALMETTO PARK ROAD - SUITE IOOA
BOCA RATON, FLORIDA 33433 F.B.j PG. N/A
PHONE (561)-392-1991 / FAX (561)-750-1452
TOWNHOMES OF CREAl10NS - 16' RIGHT-Of-WAY SCALE 1 n =30'
ABANDONMENT - SKETCH OF DESCRIPllON JOB NO. 4511
------
.
.' .
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: February 23,2004
AGENDA ITEM: IV. D.
ITEM: Abandonment of a Portion of the Alleyway Lying in Block 83, Town of Delray, in
Conjunction With the Villas in the Grove Development (Quasi-Judicial Hearing).
It=
f--
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GENERAL DATA: ~ ~ ~ =
f=:Q
- l:=
Owner/Applicant......................... Pineapple Grove = t=
Properties, LTD., NE JRD ~ m- I-
Agent.......................................... Michael Weiner ~~ - 1= -
Location...................................... 16' x 82.85' curvilinear portion w == ~ t=
of alleyway located within ~ == g: ,=
-- '--
property at the Northeast Z ~ - ij1 ~ _
corner of N.E. 1st Street and ~ht=I!!? N ==-. ~
N.E. 2nd Avenue (Pineapple <CI..d ;::= t=
Grove Way). ' N E- 2ND :!... ~
Property Size.............................. 0.06 Acres . ~ II, I- i;::::::::=
Future Land Use Map................ CC (Commercial Core) ~ \lL ~
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Current Zoning............................ CBD (Central Business· 5...._F<
District) ~nONs
Adjacent Zoning................North: CBD (Central Business ;¡; ~~AY
District) ~ BEACH I ~ ill
East: CBD (Central Business I- N.c_ ~1~ fjJ7rll
District) : II P ~
South: CBD (Central Business ~ ~I ~
District) U1 Ii
West: CBD (Central Business OLD II
District) = SCHOOL [[]]]] nril h ¡nmTTl'"::;
Existing Land Use...................... Improved alleyway SQUARE LWWLllilJJ..J
P dL dU Ab d t f rt· f ATLANTIC AVE.
ropose an se.................... an onmen 0 a. po Ion 0 r" [[[[[] [[[J] lli '!I [[]
the alleyway for pnvate ~ I~~ J=I~
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Water Service............................. N/A =..,.., § ~
Sewer Service............................. N/A = · :ri 'J I ,;
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The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a portion of the north-southwest
alley lying within Block 83 of the Town of Linton Plat. The subject parcel is
located approximately 313 feet south of N.E. 2ND Street (Martin Luther King Jr.
Drive), between N.E. 2nd Avenue (Pineapple Grove Way) and N.E. 3rd Avenue.
This right-of-way (alleyway) abandonment is being processed pursuant to LOR
Section 2.4.6(0), Abandonment of Rights-of-Way.
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The subject alleyway portion was dedicated via O.R.B. 11366 Pp. 1254 in
association with the "Creations at Delray Beach" project. This project involved the
conversion of a 23,000 square foot former Winn Dixie building to a 140 booth
bazaar with centrally located cashier stations and coffee bar and construction of
an 8,000 square foot office addition. The site design for "Creations" necessitated
the abandonment of the southern 320' of the existing alley, which provided a
continuous connection south to N.E. 1st Street. The dedication of the curvilinear
alleyway parcel was required in order to provide an alternative, continual, access
route out to N.E. 2nd Avenue.
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The subject alleyway is 16' x 176.85' rectangular/curvilinear shaped parcel,
containing approximately 2,501 sq-ft. (0.06 acres). The subject parcel was
dedicated by special instrument as an alternative route to replace the alley, which
previously extended to N.E. 1st Street. The northern portion of the alleyway,
which extends northward from this parcel the length of the block to N.E. 2nd
Street (Martin Luther King Jr. Drive), still exists as an alleyway that provides
access to the adjacent parcels along N.E. 2nd Avenue.
Pineapple Grove Properties, L TO., the owner of Lot 5, submitted the
abandonment request. Pineapple Grove Properties also owns Lots 6, 7, 8, 13,
14, 15, & 16 of Block 83. The abandonment area is to be aggregated with the
remainder of the holdings and incorporated into a proposed project which will
add two (2) mixed-use buildings to the former Creations Site. This new
development proposal is before you as a separate agenda item.
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Pursuant to LOR Section 2.4.6(0)(1), public right-ot-way may be abandoned
(returned) to the adjacent property to the same degree in which it was originally
obtained, i. e. property dedicated exclusively trom 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.
Planning and Zoning Board ::>ldff Report
Alleyway Abandonment, Block 83, Town of Linton Plat
Page 2
Accordingly, the Owner/Applicant is entitled to the entire abandonment area.
Currently the subject portion of the alleyway is improved with paving that acts as
the service drive between rows of parking. The property extends to a curb cut in
N.E. 2nd Street (Pineapple Grove Way) providing continuous access from the
alley.
Utilitv Services
The Environmental Services Department has identified no water & sewer lines
located within the subject area. Environmental Services has no objection to the
abandonment.
Florida Power & Light and Aldelphia Cable have also reviewed the requested
abandonment, and have no objections.
BellSouth has also reviewed the requested abandonment, and have no
objections.
The City's Fire Department has reviewed the request and has no objection to the
abandonment. The Florida Public Utilities Company has also reviewed the
requested abandonment, and has no objection.
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Pursuant to LOR 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 City has no plans to utilize this section of the alleyway for any public
purpose. However, a replacement ingress/egress easement is being
dedicated south to N.E. 15 Street to maintain through access for all traffic
currently using the alley. This has been attached as a condition of approval.
B) That the abandonment does not, nor will not, prevent access to a lot of
record; nor will this abandonment result in detriment to the provision of
access and/or utility services to adjacent properties or the general area,
With the provision of alternate ingress/egress easement no reduction in
access will be experienced. No utilities are located within the subject area.
Planning and Zoning Board ~Ldff Report
Alleyway Abandonment, Block 83, Town of Linton Plat
Page 3
The development proposal is within the geographical area requiring review by the
CRA (Community Redevelopment Agency). The CRA considered the proposed
abandonment at its February 10th meeting, and recommended approval.
The development proposal is within a geographical area requiring review by the
DOA (Downtown Development Authority) or the HPB (Historic Preservation
Board).
Courtesy Notices:
Courtesy notices have been provided to the following:
(] Del-Ida Homeowners Association
(] Delray Beach Chamber of Commerce
(] President's Council
(] Progressive Residents of Delray (P.R.O.D.)
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 area is the southern end of the existing alley, lots to the north will
not be affected by this action. The proposed abandonment will facilitate the
upgrading of the Villas by the Grove site through an overall development plan.
This will have a positive effect on the surrounding area, and allow them to
incorporate the property into the new development proposal. Alternate access
therefore to N.E. 1s Street via an ingress/egress easement must be provided as
part of this request.
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).
3. Recommend to the City Commission denial of the abandonment based upon
a failure to make positive findings with respect to LOR Section 2.4.6(0)(5).
Planning and Zoning Board ~Iaff Report
Alleyway Abandonment, Block 83, Town of Linton Plat
Page 4
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By motion, recommend to the City Commission approval of the abandonment of
the portion of the north-southwest alley within Block 83, Town of Linton Plat,
based upon positive findings with respect to LOR Section 2.4.6(O)(5}, subject to
the following condition:
1. That a replacement 16' wide public ingress-egress easement is to be
dedicated either by plat or by special instrument (deed) concurrent with the
approval of the abandonment request.
Attachments:
. Location Map
. Reduced Survey
File:BoardsIPLZN/AbandonmentPortionofAlleywayBlock83.doc