Res 43-05
( " /,\
RESOLUTION NO. 43-05
A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A THE NORTH 143.5' OF THE WEST 16' OF
BLOCK 73, SUBDIVISION OF BLOCK 73, LOCATED AT THE
SOUTHEAST CORNER OF NE 4TII STREET AND NE 1ST
AVENUE, AS MORE P ARTICULARL Y DESCRIBED IN
EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for
,i abandonment of the north 143.5' of the west 16' of Block 73, Subdivision of Block 73 (plat Book
12, Page 62), as more particularly described in Exhibit "A"; 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 June 20, 2005,
and voted 6 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.
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:
See Exhibit" A"
;
--- --
(" /,\
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PASSED AND ADOPTED in regular session on this the 5 day of
~û\Ö ' 2005. ~l~
MAYOR
ATTEST:
~L.\hff()ÐJ
Acting City Clerk
2
Resolution No. 43-05
SKETCH OF DESCRIPTION E'XHIBIT II It JJ
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è:5 25.0' 16.00' BLOCK 73
U) THIS IS NOT A SURVEY
15' ADDITIONAL
RIGHT OF WA Y ~ t = CENTERLINE
PER ORB. 643, """
PAGE 609 ORB. = OFFICIAL RECORD BOOK
I ...............
THE WEST LINE OF BLOCK 73 IS
ASSUMED TO BEAR N.ooOO'OO"E,
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I ~ BLOCK 73
--. DESCRPTION.-
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~ THE NORTH 143.50 FEET OF THE
~ ~ WEST 16.0 FEET OF BLOCK 73,
SUBDIVISION OF BLOCK 73, ACCORDING
~ TO THE PLA T THEREOF AS RECORDED
~I - IN PLA T BOOK 12, PAGE 62, PUBLIC
... W W.. RECORDS OF PALM BEACH COUNTY,
~ Q-a -aQ FLORIDA, SAID PARCEL BEING A
I- lC)Þ Þl() PORTION OF LOTS 1, 2 AND 3 OF
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~ ~ SAID BLOCK 73.
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BLOCK 73
EXHIBIT ':4"
I SHEET 1 OF 1
-
PAUL D. ENGLE
SURVEYOR AND MAPPER #5708
I LOT 3 DA TE: APRIL 27, 2005
16.00' BLOCK 73 O'BRIEN, SUITER & O'BRIEN, INC
S.89°21'26"E, CERTlFICA TE OF AUTHORIZA TlON #LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
25.0' 2601 NORTH FEDERAL HIGHWA Y
DELRA Y BEACH FLORIDA 33483
ORDER NO. 04-81AB (567) 276-4501 (567) 732-3279
.J
I oA
CITY COMNflSSION DOCUMENTATION I[~\
TO: DAV'~~5A,NAGER
THRU: PAUL ORLlNG I EC R OF PLANNING AND ZONING
FROM: NGUYE~ N LANNER
SUBJECT: MEETING OF JUL Y 5, 2005 *** CONSENT AGENDA ***
ABANDONMENT OF THE NORTH 143.5' OF THE WEST 16' OF BLOCK 73,
LOCATED AT THE SOUTHEAST CORNER OF NE 4TH STREET AND NE 1ST
AVENUE, WITHIN THE PINEAPPLE GROVE SHOPS.
I BACKGROUND ' I
The request involves abandoning the north 143.5' of the west 16' of Block 73, Subdivision of Block 73
(Plat Book 12, Page 62), located on the southeast corner of NE 4th Street and NE 1st Avenue. The
entire alleyway was dedicated as a replacement alley by Quit-Claim Deed (ORB 1227, PG 486) and
utilities were never placed in this area. The southern portion of this alleyway was abandoned by the
City Commission on January 12, 1993 and the subject property represents the remaining northern
143.5' of alleyway that was dedicated by this Quit-Claim Deed. In 1961, a restrictive covenant
agreement was recorded between the City of Delray Beach and William R. Haggart. As a separate
item on this agenda, the request to release this restrictive covenant will be handled by the City
Attorney's Office. As part of this request to release the restrictive covenant, the north 15' of Block 73
will be rededicated via the acceptance of a right-of-way deed.
The abandonment request was submitted by the Law offices of Weiner & Aronson, P.A. on behalf of
the property owner, A.M. Davis Mercantile Co. The property is under contract and will be developed
as one unified development which has not been formally submitted. At its meeting of May 26, 2005,
the Community Redevelopment Agency reviewed the abandonment request and recommended
approval. At its meeting of June 20, 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 City's Environmental Services Department has reviewed the request and has no objection to the
abandonment. Adelphia Cable, Florida Power & Light, BellSouth and Florida Public Utilities Company
have also reviewed the requested abandonment and have no objection. Additional background and a
complete analysis of the request are found in the attached Planning and Zoning Board report.
I :;'PLANNING AND ZONING BOARD CONSIDERATION I
At its meeting of June 20, 2005, the Planning and Zoning Board considered the request at a public
hearing. Chairman Pike opened the public hearing and no one from the public spoke. The Board
voted 6-0 (Joseph Pike abstained) to recommend approval of the abandonment of the north 143.5' of
the west 16' of Block 73, Subdivision of Block 73 (PB 12, PG 62), based upon positive findings with
respect to LOR Section 2.4.6(M)(5)
I RECOMMENDED ACTION I
By motion, approve the abandonment of the north 143.5' of the west 16' of Block 73, Subdivision of
Block 73, located at the southeast corner of NE 4th Street and NE 1st Avenue, based upon positive
findings with respect to LOR Section 2.4.6(M)(5).
Attachments:
· Location Map
· Abandonment Resolution
· Planning & Zoning Staff Report of June 20, 2005
S:\Plannlng & Zoning\BOARDS\CITY COMMISSION\Abandonmeilt of Right of Way-Block 73, Pineapple Grove Shops.doc <6ß
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- -PROPOSED ABANDONMENT-
CITY OF DELRAY BEACH. FL 16' X 143.5' REMAINING PORTION OF REDEDICATED ALLEYWAY. BLOCK 73
PLANNING & ZONING DEPARlMENT
-- DIGITAL BASE MAP SYSTEM -- MAP REF Lt.IB4D
RESOLUTION NO. 43-05
A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A THE NORTH 143.5' OF THE WEST 16' OF
BLOCK 73, SUBDIVISION OF BLOCK 73, LOCATED AT THE
SOUTHEAST COR..NER OF NE 4TII STREET AND NE 1sT
AVENUE, AS MORE P ARTICVLi\RL Y DESCRIBED IN
EXHIBIT "A".
WHEREAS, the City of Delray Beach, Flonda, received an applicanon for
abandonment of the north 143.5' of the west 16' of Block 73, Subdivision of Block 73 (plat Book
12, Page 62), as more particularly described in Exlubit "A"; and
WHEREAS, said applicanon 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 Regulanons of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(1'1)(3) (e), the Planrung and Zorung
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on June 20, 2005,
and voted 6 to 0 to recommend approval of the abandonment, based upon positive findmgs with
respect to LDR Section 2.4.6(.f\:f)(5); and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that
its lnterest in the described property is no longer needed for the pubhc good and deems it to be in
the best lnterest of the City of Delray Beach to vacate and abandon said nght-of-way, based upon
posinve findings pursuant to LDR Secnon 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.
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
nght and interest it holds to the following real property for nght-of-way purposes only, as more
particularly described as follows:
See Exhibit "A"
PASSED AND ADOPTED ill regular session on th1s the _ day of
, 2005.
MAYOR
ATTEST:
City Clerk
2
ResolutlOn No. 43-05
SKETCH OF DESCRIPTION E'XHIBIT II It II
- -
~à N.£ 4 TH STREET
C\
II C)
;.../ ~à
Gj S.89°21'26"E. JNORTH LINE c::)
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è:5 25.0' 16.00' BLOCK 73
tr) THIS IS NOT A SURVEY
15' ADDITIONAL
RIGHT OF WA Y ~ f£ = CENTERLINE
PER ORB. 643, ;Q
PAGE 609 ORB. = OFFICIAL RECORD BOOK
I ...............
THE WEST LINE OF BLOCK 73 IS
ASSUMED TO BEAR N.ooOO'oo't.
~
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èð LOT 1
I ~ BLOCK 73
--. DESCRPTION·
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"-
~ THE NORTH 143.50 FEET OF THE
~ ~ WEST 16.0 FEET OF BLOCK 73,
SUBDIVISION OF BL OCK 73, ACCORDING
;<: TO THE PLA T THEREOF AS RECORDED
~I - IN PLA T BOOK 12, PAGE 62, PUBLIC
... W .!-J.. RECORDS OF PALM BEACH COUNTY,
~ Q-a -aQ FLORIDA, SAID PARCEL BEING A
I- l()Þ Þl() PORTION OF LOTS 1, 2 AND 3 OF
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~ ~ SAID BLOCK 73.
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BLOCK 73
EXHIBIT ':4 II
I SHEET 1 OF 1
-
PAUL D. ENGLE
SURVEYOR AND MAPPER #5708
I LOT 3 DA TE: APRIL 27, 2005
16.00' BLOCK 73 O'BRIEN, SUITER & O'BRIEN, INC
S.89 021'26 't. CERTIFlCA TE OF AUTHORIZA TlON #LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
25.0' 2607 NORTH FEDERAL HIGHWA Y
DELRA Y BEACH FLORIDA 33483
ORDER NO. 04-81AB (567) 276-4501 (567) 732-3279
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: June 20,2005
AGENDA ITEM: Jv. ø·
ITEM: Abandonment of the North 143.5 Feet of the West 16 Feet of Block 73,
Subdivision of Block 73, Located on the Southeast Corner of NE 4th
Street and NE 1st Avenue. (Quasi-Judicial)
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GENERAL DATA:
Owner.. .... .... .... ......... .... .. ........ .... City of Delray Beach
Applicant..................................... A. M. Davis Mercantile Co.
Location...................................... Southeast corner of NE 4th Street and NE 1st Avenue, west of the
former United States Post Office building within the Pineapple Grove
Shops.
Property Size.............................. 0.053 acre
Future Land Use Map................. Commercial Core
Current Zoning........................... CBD (Central Business District)
Adjacent Zoning................North: RO (Residential Office)
East: CBD
South: CBD
West: OSSHAD (Old School Square Historic Arts District)
Existing Land Use....................... Right-of-way used as part of the driveway access and landscaped
area into the fenced parking area for the former United States Post
Office site.
Proposed Land Use.................... Aggregation into adjacent lots to be used for an overall unified
development.
Water Service............................. nfa
Sewer Service............................ nfa
IV.B.
I 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 north 14350' of the west 16' of Block 73, Subdivision of Block
73, located at the southeast corner of NE 4th Street and NE 1st Avenue, within the Pineapple
Grove Shops.
This right-of-way abandonment is being processed pursuant to LDR Section 2 4.6(M),
Abandonment of Rights-of-Way.
I .. - - -.- - .-- - . ]
BACKGROUND
-. .
In June of 1965, through Resolution 20-65, the City Commission abandoned a 16' north-south
alleyway that traversed the center of Block 73, Subdivision of Block 73 (PB 12, PG 62). As a
result of this abandonment, the western 16' of Lots 1-12, Block 73 was dedicated as a
replacement alley by Quit-Claim Deed (O.R.B. 1227, PG 486). Utilities were never placed in
this alleyway and it has not been used for public access.
On September 16, 1992, the Site Plan Review and Appearance Board approved a minor site
plan modification for the parking lot of the former Publix site which included changes to the
loading area at the rear of the Publix building adjacent to NE 1st Avenue. During review, it was
noted that the loading area is located within the existing alleyway. As the alleyway serves no
public purpose, an abandonment action seemed appropriate for this portion of alleyway.
At its meeting of January 12, 1993, through Resolution 5-93, the City Commission abandoned
the west 16' alley adjacent to Lots 3-12 of Block 73 in association with the loading area for the
former Publix site.
The remaining portion of the west 16', rededicated alleyway adjacent to Lots 1 and 2 (former
Post Office site) is currently before the Board for action.
I ABANDONMENT DESCRIPTION I
---- ------- ---- -- ---
The subject parcel is a 16' by 143.5' rectangular shaped parcel, containing 2,296 square feet
(0.053 acre). The subject parcel represents the north 143.5' of the west 16' of Block 73, located
at the southeast corner of NE 4th Street and NE 1 st Avenue.
The abandonment request was submitted by the Law offices of Weiner & Aronson, P.A. on
behalf of the property owner, A.M. Davis Mercantile Co. The property is under contract and will
be developed as one unified development which has not been formally submitted.
I ABANDONMENT ANAL YSIS I
.-------- - -
Pursuant to LDR Section 2.4.6(M)(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 previously stated, the subject area was dedicated to the City of Delray Beach by a Quit-
Claim Deed recorded in O.R.B. 1227, PG 486. The area was dedicated from Lot 1 and Lot 2 of
Block 73 and once abandoned, will be returned to Lot 1 and Lot 2 of Block 73.
The City's Environmental Services Department has reviewed the request and has no objection
to the abandonment. Adelphia Cable, Florida Power & Light and Florida Public Utilities
Company have also reviewed the requested abandonment, and have no objection.
Planning and Zoning Board Meeting of June 20, 2005
Block 73 Alleyway Abandonment
Page 2
BellSouth reviewed the request and stated that they have no objection to the abandonment as
long as the northern 113.5' of the subject area was retained as an exclusive easement for
BellSouth. BellSouth's response was discussed with the developer and it was concluded that
the request for an exclusive easement for proposed BellSouth facilities at this time would be
premature since the development is in the conceptual phase and has not been formally
submitted for Site Plan approval. In addition, it was agreed that telephone service will be
needed for the proposed residences and easements will be granted at a later date when the site
plan become more final. A follow up call was made to Mr. Michael Mayernik, OSPE for
BellSouth, to discuss the reason not to grant an exclusive easement at this time. Mr. Mayernik
commented that they do not object to the abandonment request as long as they were given an
easement at a later date.
L_ __ _____ REQUIRED FINDINGS I
I
------ ~ - - ~__~_._ .J
Pursuant to LDR Section 2.4.6(M)(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.
As previously mentioned, this entire rededicated alleyway was intended for the purpose of
relocating utilities into this area. No utilities were ever relocated into this area and the
southern 563' was abandoned since it served no public purpose. The remaining 143.5'
portion was utilized by the former Post Office as landscaped area which is now vacant. The
City does not intend to use this right-of-way for any public purpose (except the north 15'
which is to be rededicated by a separate instrument as right-of-way for NE 4th Street).
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 NE 1 st 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.
I REVIEW BY OTHERS
The development proposal is within the geographical area requiring review by the CRA
(Community Redevelopment Agency). The CRA considered this abandonment at its May 26,
2005 meeting, and recommended approval (5-0).
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 Meeting of June 20, 2005
Block 73 Alleyway 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.
I -. - - ---. ------- . n.. _ .-.---.- _ I
ASSESSMENT
----- --
As the subject right-of-way does not contain any utilities or being utilized for access purposes,
(except the north 15") its intended use is limited. It is further limited by the vacation of the site
by the United States Post Office to another location elsewhere in the City. 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 NE 1 st Avenue. The
purpose of the abandonment is to incorporate the vacated area into an overall unified
development which will allow for a better development.
I AL TERNA TIVE ACTIONS -- ---~
- --.--
1. Continue with direction.
2. Move approval of the request for the abandonment of the north 143.50' of the west 16' of
Block 73, subject to future dedication of the north 15' for NE 4th Street right-of-way 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(M)(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(M)(5) of the Land Development Regulations.
L___.__ RECOMMENDED ACTION I
-- - -~ - --- - ---- !
Move approval of the request for the abandonment of the north 143.50' of the west 16' of Block
73, Subdivision of Block 73, subject to future dedication of the north 15' for NE 4th Street right-
of- way 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(M)(5) of the Land Development Regulations.
Attachments'
· Location Map
· Reduced Survey
· Survey of Abandonment Area
File' S:\Planmng&Zoning\Boards\P&Z\Block 73 Alleyway Abandonment doc
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LJ S.89°21'26''£ jNORTH LINE c::)
-.J '0} NOTES:
è:5 25.0' 16.00' BLOCK 73
U) THIS IS NOT A SURVEY
15' ADDITIONAL
RIGHT OF WA Y ~ t = CENTERLINE
PER ORB. 643, """
PAGE 609 ORB. = OFFICIAL RECORD BOOK
I ...............
THE WEST LINE OF BLOCK 73 IS
ASSUMED TO BEAR N.ooOO'oo''E.
~
a
a
èð LOT 1
1 ~ BLOCK 73
--. DESCRPTlON.-
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~ THE NORTH 143.50 FEET OF THE
~ ~ WEST 16.0 FEET OF BLOCK 73,
SUBDIVISION OF BLOCK 73, ACCORDING
~ TO THE PLA T THEREOF AS RECORDED
~I - IN PLA T BOOK 12, PAGE 62, PUBLIC
... W W... RECORDS OF PALM BEACH COUNTY,
~ Q"a "aQ FLORIDA, SAID PARCEL BEING A
I- l()Þ ÞlC) PORTION OF LOTS 1, 2 AND 3 OF
""iC) C)""i
~ ~ ~ SAID BLOCK 73.
~C) ~~
LJ <::
<:
~ LOT 2
BLOCK 73
EXHIBIT ':4 II
I SHEET 1 OF 1
-
PAUL D. ENGLE
SURVEYOR AND MAPPER #5708
I LOT 3 DA TE: APRIL 27, 2005
16.00' BLOCK 73 O'BRIEN, SUITER & O'BRIEN, INC
S.89°21'26"E. CERTlFICA TE OF AUTHORIZA TlON #LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
25.0' 2607 NORTH FEDERAL HIGHWA Y
DELRA Y BEACH FLORIDA 33483
ORDER NO. 04-81AB (567) 276-4501 (561) 732-3279