Res 57-05
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RESOLUTION NO. 57-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, VACATING AND
ABANDONING THE EAST 5' OF A PORTION OF SE 2ND
AVENUE, LYING ADJACENT TO LOTS 1 THROUGH 18
(LESS THE SOUTH 10' THEREOF), SUBDIVISION OF BLOCK
85 (PLAT BOOK 4, PAGE 14), LOCATED BETWEEN EAST
ATLANTIC A VENUE AND SE 1ST STREET.
WHEREAS, the City of Dekay Beach, Florida, received an application for
abandonment the east 5' of a portion of SE 2nd Avenue right-of-way, 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 Dekay 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 August 15,
2005, and voted 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
I reference.
i
Section 2. That pursuant to Chapter 177.101 (5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Dekay 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"
ì
(" /'"
PASSED AND ADOPTED in regular session on this the Ilo'11. day of
~~~+ ,2005.
~l~
MAYOR
ATTEST:
) ~'
-- ~jU LJ p¡¡OD..-'
Acting City Clerk
2
Resolution No. 57-05
£~ ff-,Srr It^",
LAND DESCRIPTION
A PORTION OF SOUTHEAST 2!'D AVENUE
TO BE ABANDONED
A FIVE FOOT WIDE STRIP OF RIGHT-OF-WAY FOR SOUTHEAST 2ND AVENUE LYING
ADJACENT TO THE WEST LINE OF BLOCK 85, SUBDIVISION OF BLOCK 85, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 14 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING BOUNDED AS FOLLOWS: ON
THE EAST BY THE WEST LINE OF SAID BLOCK 85, SAME BEING THE EAST RIGHT-OF-WAY
LINE OF SAID SOUTHEAST 2ND A VENUE; ON THE NORTH BY THE WESTERLY EXTENSION
OF THE NORTH LINE OF LOT 1, IN SAID BLOCK 85; ON THE SOUTH BY THE WESTERLY
EXTENSION OF THE NORTH LINE OF THE SOUTH 10.00 FEET OF LOT 18, IN SAID BLOCK
85; AND ON THE WEST BY A LINE 5.00 WEST OF AND PARALLEL WITH THE WEST LINE OF
SAID BLOCK 85.
SAID LANDS LYING IN THE CITY OF DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA,
CONTAINING 2,240 SQUARE FEET (0.051 ACRE), MORE OR LESS.
LAND DESCRIPTION PREPARED BY:
SHAH, DROTOS & ASSOCIATES, P .A.
3410 N. ANDREWS AVENUE EXTENSION
POMPANO BEACH, FLORIDA 33064
PREPARED BY: MDR
CHECKED BY: MDR
PROJECT NO.: 94-0697
FILE NAME: X:\CAD\SURVEY\0697 ATLANTIC GROVES\LEGALS\0697ABAND
JUNE 29, 2005
SHEET 1 OF 4 SHEETS
-
SKETCH OF DéSCRIPTION
A PORTION Of S.EE. 2ND AVENUE
RIGHT-Of-WAY TO BE ABANDONED p~
SUBDIVISION OF~BLOCK 85 ATl.ANTIC AVENUE { - )
(PB ,4, PG 14, PBCR) \ J
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WATCHLINE
PROJECT NO: 04-0697 SEE SHEET 3 OF ... SHEETS SHEET 2 OF 4 SHEETS
='t;"f''\. i\ SHAH I £MCtNEERING
t.::1\~~ DROTOS SURVEYING
& Ass 0 C I ATE S PLANNING
CERTIFICATE DF AUTHORIZATION NO. LB 6456
SKETCH OF DESCRIPTION MDR 06/29/05 MDR 3410 N. Andrews Avenue Ex! - Pompono Beach, n. 33064
REVISIONS OWN DAlE FB/PG CHKD PH. 954-943-9433 · FAX: 954-783-4754
--
SKETCH OF DESCRIPTION
SEE SHEET 2 Of 4 SHEETS A PORTION Of S.E. 2ND AVENUE
MATCHLINE
, / RIGHT-Of-WAY TO BE ABANDON
/ SUBDIVISION OF BLOCK 85!
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PROJECT NO: 04-0697 SEE SHEET 4 OF 4 SHEETS
SHEET 3 OF 4 SHEETS
t"' , ',' SHAH \-"""
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~~. DROTOS SURVEYING
& ASSOCIATES PLANNING
CERTIFICATE OF AUTHORIZATION ND. LB 6456
SKETCH Of DESCRIPTION MDR 06/29/05 MDR 3410 H. Andrews AV'lnue Ex! · Pompano Beach, Fl. 33064
REVISIONS OWN DATE FB/PG CHKD PH: 954-943-9433 . FAX: 954-783-4754
SKETCH OF DESCRIPTION
A PORTION Of S.E. 2ND AVENUE
RIGHT-Of-WAY TO BE ABANDONED
SUBDIVISION OF BLOCK 85
(PB 4, PG 14, PBCR)
CllY OF DELRAY BEACH, PALM BEACH
COUNlY, FLORIDA SCALE: '-=30'
SEE SHEET 3 OF 4 SHEETS
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SURVEY NOTES - - £ - ~ -
1. LANDS SHOWN HEREON WERE JOT ABSTRACTED BY ,. ./)~
SHAH DROTOS & ASSOCIATES FOR '~WNERSHIP. EASEMENTS, ~
RIGHTS-OF-WAY OR OTHER INSTRUMENTS OF RECORD. .
2. BEARINGS SHOWN HEREON ARE BASED ON THE WEST MI D. ROSE PER
LINE OF BLOCK 85 AND THE EAST RIGHT-Of-WAY LINE Of FlDPRORI~REGI SU~ON ~~ ~~9~
SOUTHEAST 2nd AVENUE. SAID MONtJMENTED LINE BEARS ........ ST'RÞ\" .
NORTH 00'51'41· WEST (ASSUMED) UNLESS IT BEARS THE SIGNATURE AND THE
3. THIS IS NOT A BOUNDARY SURVEY. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER THIS MAP IS FOR
PROJECT NO: 04-0697 INFORMATIONAL PURPOSES ONLY AND IS NOT
X:\CAD\SURVÐ'\0697 ATlANTIC GROVES\SKETCHES\ABANDONMEN1\0697ABAND VALID. SHEET 4 OF 4 SHEETS
~): t "t.. I. SHAH I ENGINEERING
ì..~ ~ DROTOS SURVEYING
&. ASSOCIATES PLANNING
CERTIFICATE OF AUTHORIZATION NO. LB 6456
SKETCH or DESCRIPTION MDR 06/29/05 MOO 5410 N. Andrews Avenue Ex! . Pompano Beach. n. 55064
REVISIONS OWN DATE FB/PG CHKD PH: 954-945-9433 · FAX: 954-783-4754
r CITY COMMiSsiON DOCUMENTATION ~
f \
TO: D~~~~ANAGER
THRU: PAU O~ . fREC ÒR OF PLANNING ANO ZONING
FROM: NGUYEN· , NI PLANNER
SUBJECT: MEETING OF AUGUST 16, 2005 *** CONSENT AGENDA ***
ABANDONMENT OF THE EAST 5' OF A PORTION OF SE 2ND AVENUE LYING
ADJACENT TO LOTS 1-18 (LESS THE SOUTH 10' THEREOF), SUBDIVISION OF
BLOCK 85, LOCATED BETWEEN EAST ATLANTIC AVENUE AND SE 1ST STREET.
I BACKGROUND ,
The request involves abandoning a portlDn ot a SE 2nd Avenue right-ot-way in association with the Avenue East
development (City Limits Bar/Nightclub and Office Building). SE 2nd Avenue IDcated between East Atlantic
Avenue & SE 1 st Street was platted as a 50' wide right-Df-way. In February of 1926, a replat of a portion of
Block 85 was recorded which dedicated 5' of additional right-of-way for SE 2nd Avenue right-af-way.
SE 2nd Avenue has a tDtal nght-ot-way width ot 50' between Atlantic Avenue & the east-west alleyway within
BIDCk 85 and a total nght-of-way width of 55' from this alleyway south to SE 1 st Street. If the subject area is
abandoned, SE 2nd Avenue right-ot-way will be reduced to 50 feet which is the standard width fDr a IDcal road
and will be consistent with local roads within the surrounding area.
The abandonment request was submitted by Faison-Grove Square, LLC., the developer of the Avenue East
project. The develDpment propDsal is to demDlish the nightclub/bar and office building and construction of a five-
StDry mixed use building with an assDciated parking garage on the first two levels and residential on the third,
fourth and fifth levels. The development has received Site Plan approval and is currently seeking Final Plat
approval. The developer intends to utilize the subject area as a Sidewalk and Utility Easement and the site is
being platted as Avenue East CDncurrent with this abandonment request.
The City's Environmental Services Department has reviewed the request and has no Dbjection to the
abandonment as IDng as a sidewalk easement is recorded simultaneously with the abandonment. Adelphia
Cable, BellSouth and Florida Public Utilities Company have alsD reviewed the requested abandonment, and
have no objectiDns. Florida PDwer and Light has identified overhead lines within the abandonment area and has
nD Dbjection as long as FP&L is granted a utility easement priDr to the abandonment. Additional background and
a cDmplete analysis of the request are found in the attached Planning and Zoning BDard report.
I PLANNING AND:ZONING BOARD CONSIDERATiON' I
The Planning and Zoning BDard will consider the proposed plat at their meeting Df August 15, 2005. Due tD the
ShDrt meeting schedule between the Planning and Zoning Board meeting of August 15, 2005 and the City
Commission meeting of August 16, 2005, a fDrmal recommendation from the Planning and Zoning Board could
nDt be included at the time this report was written. All technical items have been satisfactorily addressed and
the actiDn taken by the Planning and Zoning Board will be repDrted to City CDmmissiDn at their meeting.
~ RECOMMENDED ACTION ,
By motion, approve the abandonment of the east 5' of a portiDn Df a SE 2nd Avenue right-of-way, lying adjacent
tD Lots 1-18 (Less the South 10' thereDf), Subdivision Dt Block 85, IDcated between East Atlantic Avenue and SE
1st Street, based upon pDsitive findings with respect tD LDR SectiDn 2.4.6(M)(5).
Attachments:
· Location Map
· Abandonment Resolution
· Planning & Zoning Staff Report of August 15, 2005
S:\Planning & Zoning\BOARDS\CITY COMMISSION\Abandonment of Portion of SE 2nd Ave-Avenue East.doc
<&A .t-
-----~
RESOLUTION NO. 57-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THE EAST 5' OF A PORTION OF SE 2ND
AVENUE, LYING ADJACENT TO LOTS 1 THROUGH 18
(LESS THE SOUTH 10' THEREOF), SUBDIVISION OF BLOCK
85 (PLAT BOOK 4, PAGE 14), LOCATED BE1WEEN EAST
ATLANTIC A VENUE AND SE 1 ST STREET.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment the east 5' of a portion of SE 2nd Avenue right-of-way, 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 August 15,
2005, and voted 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(1-:1)(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 nght-of-way purposes only, as more
particularly descnbed as follows:
See Exhibit "A"
PASSED AND ADOPTED ill regular session on tlus the _ day of
,2005.
MAYOR
ATTEST:
City Clerk
2
Resolution No. 57-05
£~ ff-,Srr It^",
LAND DESCRIPTION
A PORTION OF SOUTHEAST 2ND AVENUE
TO BE ABANDONED
A FIVE FOOT WIDE STRIP OF RIGHT-OF-WAY FOR SOUTHEAST 2ND AVENUE LYING
ADJACENT TO THE WEST LINE OF BLOCK 85, SUBDIVISION OF BLOCK 85, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 14 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING BOUNDED AS FOLLOWS: ON
THE EAST BY THE WEST LINE OF SAID BLOCK 85, SAME BEING THE EAST RIGHT-OF-WAY
LINE OF SAID SOUTHEAST 2ND A VENUE; ON THE NORTH BY THE WESTERLY EXTENSION
OF THE NORTH LINE OF LOT 1, IN SAID BLOCK 85; ON THE SOUTH BY THE WESTERLY
EXTENSION OF THE NORTH LINE OF THE SOUTH 10.00 FEET OF LOT 18, IN SAID BLOCK
85; AND ON THE WEST BY A LINE 5.00 WEST OF AND PARALLEL WITH THE WEST LINE OF
SAID BLOCK 85.
SAID LANDS LYING IN THE CITY OF DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA,
CONTAINING 2,240 SQUARE FEET (0.051 ACRE), MORE OR LESS.
LAND DESCRIPTION PREPARED BY:
SHAH, DROTOS & ASSOCIATES, PeA.
3410 N. ANDREWS AVENUE EXTENSION
POMPANO BEACH, FLORIDA 33064
PREPARED BY: MDR
CHECKED BY: MDR
PROJECT NO.: 94-0697
FilE NAME: X:\CAD\SURVEY\0697 ATLANTIC GROVES\LEGALS\0697ABAND
JUNE 29, 2005
SHEET 1 OF 4 SHEETS
SKETCH OF DfSCRIPTlON
A PORTION Of S. . 2ND AVENUE
RIGHT-Of-WAY TO BE ABANDONED
SUBDIVISION O~i BLOCK 85 ATI.NITIC A~
(PB ,4, PG 14. PBCR) ,
CITY OF DEL~Y BEA H, PALM ¡ BEACH I
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COUNTY, FL RIOA ! I I srALE: 1--30'
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PROJECT NO: 04-0697 SEE SHEET :5 OF ... SHEErS SHEET 2 OF 4 SHEETS
~\A SHAH 1-
t~~~ DROTOS SURVEYING
& Ass 0 C I ATE S PLANNING
CERTIFICATE OF AUTHORIZATION NO. LB 6456
SKETCH OF DESCRIPTION MDR 06/29/05 MDR 3410 N. Andrews Avenue Ext . Pompano Beach, Fl. 33064
REVISIONS OWN DATE FBjPG CHKD PH: 954-943-9433 . FAX: 954-783-4754
SKETCH OF DESCRIPTION
SEE SHEET 2 OF ... SHEETS A PORTION Of S.E. 2ND AVENUE
MATCHLINE
, / RIGHT -OF-WAY o BE ABANDON
/ SUBDIVISION OF BLOCK 85/
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SHEET 3 OF 4 SHEETS
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OJ-£.~, DROTOS SURVEYING
& Ass 0 C I ATE S PLANNING
CERTIFICATE OF AUTHDRIZATIDN ND. LB 6456
SKETCH OF DESCRIPTION MDR 06/29/05 MDR 3410 N. Andrews Avenue Exf . Pompano Beach, Fl. 33064
REVISIONS OWN DATE FB/PG CHKD PH: 954-943-9433 . FAX: 954-783-4754
· .
SKETCH OF DESCRIPTION
A PORTION Of S.E. 2ND AVENUE
RIGHT-OF-WAY TO BE ABANDONED
SUBDIVISION OF BLOCK 85
(PB 4, PG 14. PBCR)
CllY OF DELRAY BEACH, PALM BEACH
COUNlY, FLORIDA SCALE: 1·...30·
SEE SHEET 3 OF 4 SHEETS
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SURVEY NOTES - - £ - ~ -
1. LANDS SHOWN HEREON WERE OT ABSTRACTED BY
SHAH OROTOS " ASSOCIATtS FOR lERSHIP, EASEMENTS, - :£)~
RIGHTS-OF-WAY OR OTHER INSTRUMENTS OF RECORD. . .
2. BEARINGS SHOWN HEREON ARE BASED ON THE WEST tAl D. ROSE R AND MAPPER
LINE OF BLOCK 85 AND THE EAST RIGHT-Of-WAY LINE Of PROFLORFESSIr-.A I=~~ONO 3998
SOUTHEAST 2nd AVENUE. SAID MONúMENTED LINE BEARS ~.
NORTH 00'51'41· WEST (ASSUMED) UNLESS IT BEARS THE SIGNATURE AND THE
3. THIS IS NOT A BOUNDARY SURVEY. ORIGINAL RAISED SEAl OF A flORIDA LICENSED
SURVEYOR AND MAPPER THIS MAP IS FOR
PROJECT NO: 04-0697 INFORMATIONAL PURPOSES ONLY AND IS NOT
X:\CAD\SURVEY\0697 ATLANTIC GROVES\SKETCHES\ABANDONMENT\0697ABAND VALID. SHEET 4 OF 4 SHEETS
C" t \. ó. SHAH I ENGINEERING
ì-X-(,":7J.,. DROTOS SURVEYING
& ASSOCIATES PLANNING
CERTIFICATE OF AUTHORIZATION NO. LB 6456
SKETCH Of DESCRIPTION MDR 06/29/05 MDR 3410 N. Andrews Avenue Ext . Pompano Beach. Fl. 33064
REVISIONS OWN DATE FB/PG CHI<D PH: 954-943-9433 · FAX: 954-783-4754
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: August 15, 2005
AGENDA ITEM: V.A.
ITEM: Abandonment of the East 5 Feet of a Portion of the SE 2nd Avenue
Right-of-Way, Lying Adjacent to Lots 1-18 (Less the South 10'
thereof), Subdivision of Block 85, Located between East Atlantic
Avenue and SE 1st Street. (Quasi-Judicial)
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GENERAL DATA: sc~LgOL ~rTllTTl~DD 'I
SQUARE UillJJ 'II !
Owner.......:.......................... G~neral Public A TLAN TIC AVENUE
Agent/Apphcant.................... Faison-Grove Square, LLC I I DJ]] .. ...-:-~ , IT
Location............................... East 5 ft. of SE 2nd Avenue , I I ,: /
Right-of-Way, Adjacent to i I L._.~ J
Lots 1-18, Subdivision of ~ f-! I !
Block 85. ~ ..LL .
Property Size........................ 0.05 Acre ~ . ~ 1:'9'- k
Existing FL~M Designation.. Commercial Core. . ~ : I" '<
Current ZOning..................... CBD (Central Business Tìl --- :
District) ~ -' ...
Adjacent Zonings........North: CBD Is IE. I ¡¡1ST ~ ST.
Ea~ CBD '0
South: CBD . - ~
f-
We~: CBD ~
Existing Land Use................ Right-of~way consisting of a ~
paver brick walkway and sod. -
Proposed Land Use............. Aggregation into adjacent lot ==
to be used for a sidewalk and ; - L J
utility easement. = '''-f
Water Service...................... n/a S E 2ND ST
Sewer Service...................... n/a
I
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ITEM BEFORE THE BOARD I
.
The item betore the Board is that ot making a recommendation to the City Commission on the
proposed abandonment ot a portion of SE 2nd Avenue right-ot-way lying adjacent to lots 1-18 ot
the Subdivision of Block 85 (less the south 10' thereot), located between East Atlantic Avenue
and SE 151 Street.
This right-ot-way abandonment is being processed pursuant to lDR Section 2.4.6(M),
Abandonment ot Rights-ot-Way.
1 ' BACKGROUND I
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On March 25,1910, the plat ot the Town of Linton was recorded in Plat Book 1, Page 3 ot the
Public Records for Palm Beach County, Florida. The Town ot Linton plat (now known as the
Town ot Delray) dedicated numerous blocks, streets and avenues including SE 2nd Avenue. SE
2nd Avenue located between East Atlantic Avenue & SE 151 Street was platted as a 50' wide
right-ot-way. In February of 1926, a replat of a portion of Block 85 was recorded which
dedicated 5' of additional right-of-way for SE 2nd Avenue right-of-way. Subsequently, the
southern 10' of Block 85 was dedicated as right-ot-way tor SE 1st Street.
Currently, SE 2nd Avenue has a total right-ot-way width ot 50' between East Atlantic Avenue &
the east-west alleyway within Block 85 and a total right-of-way width of 55' from this alleyway
south to SE 151 Street. If the subject area is abandoned, SE 2nd Avenue right-ot-way will be
reduced to 50 feet, which is the standard width for a local road and will be consistent with other
local roads within the surrounding area.
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ABANDONMENT DESCRIPTION
The portion ot SE 2nd Avenue proposed for abandonment measures 5' wide by 448.41' long and
contains 2,242 square feet (0.05 acre). As previously mentioned, the right-ot-way was
dedicated with the replat of Block 85 and contains of a paver brick walkway and sod.
The abandonment request was submitted by Faison-Grove Square, lLC., the developer ot the
Avenue East project (a.k.a. City Limits Nightclub/Bar & Office Building). The development
proposal is to demolish the nightclub/bar and office building and construct a five-story mixed use
building with 850 square teet of retail floor area, a 58 space parking garage on the first level; a
60 space parking garage on the second level; and residential dwelling units on the third, fourth
and fifth levels (55 dwelling units in total). The development has received Site Plan approval
and is currently seeking Final Plat Approval. Through the platting process, it was discovered
that Florida Power & Light is requiring an exclusive 6' utility easement along the entire west side
of the property in order to loop their system to provide reliable service to this project and the
surrounding area. According to the approved site plan, the proposed mixed use building is
setback only l' trom the property line near the south end of the site. The applicant intends to
aggregate the entire subject area (5' x 448.41 ') to be used tor a Sidewalk and Utility Easement.
The Sidewalk and Utility Easement will be dedicated on the Avenue East Plat.
~~_____ m_ _~. _~_~__ . - - --.- . ----- ... - ... ---. ..---. . . ---- - - --- 1
ABANDONMENT ANALYSIS
.. .. .. ...I
Pursuant to LDR Section 2.4.6(M)(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 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 east 5' of SE 2nd Avenue proposed tor abandonment was dedicated as
additional right-of-way with the replat ot a portion ot Block 85. The subject area once
abandoned will be returned in its entirety to abutting parcels within this portion of Block 85 (Lots
1-18).
Planning and Zoning Board Meetin~ of August 15, 2005
Abandonment of a Portion of SE 2" Avenue
Page 2
Utility Services
The City's Environmental Services Department has reviewed the request and has no objection
to the abandonment as long as a sidewalk easement is recorded simultaneously with the
abandonment. Adelphia ,Cable, BellSouth and Florida Public Utilities Company have also
reviewed the requested abandonment, and have no objections. Florida Power and Light has
identified overhead lines within the abandonment area and has no objection as long as FP&l is
granted a utility easement prior to the abandonment.
I _ a_~__ -- ....1
REQUIRED FINDINGS
-------------- ------ - --- . -- ---- ----.- 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, the subject area currently contains a paver brick walkway and sod.
The public need for the use of this portion of right-of-way could be equal!!' served with the
provision of a sidewalk easement. Since additional right-of-way for SE 2n Avenue was not
dedicated with the proposed Block 77 -Worthing Place development adjacent on the west,
the City has no intention to expand SE 2nd Avenue beyond its maximum width of 50'.
Therefore, a positive finding can be made.
B) That the abandonment does not, nor will not, prevent access to a lot of record.
The abandonment will not prevent vehicular access to any adjacent parcel, as all affected
parcels continue to take primary access from SE 2nd Avenue and the 16' wide east-west
alleyway, Therefore, a positive finding can be made.
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.
As previously stated, vehicular access is not an issue with this abandonment and no City
Utilities have been located within the abandonment area; however, overhead electric has
been located within the area proposed for abandonment as well as a paver brick walkway.
The existing utilities will be accommodated through the dedication of a utility easement and
a sidewalk easement will be provided for the paver brick walkway. With the dedication of a
utility and sidewalk easement, the provision of access and utility services to adjacent
properties or the general area will not be negatively affected.
[ '_._-'-~- -.----.-. - -. . . -- .-- ..---------- :'.-- ___ -~ - --- I
REVIEW BY OTHERS
.. --- . ._--- . The development proposal is not within the geographical area requiring review by the HPB
(Historic Preservation Board). The development proposal is within the geographical area
requiring review by the CRA (Community Redevelopment Agency) and the DDA (Downtown
Development Authority).
Community Redevelopment Aaency
The CRA reviewed this abandonment request at its meeting of August 11, 2005 and
recommended "Approval".
Planning and Zoning Board Meetìn~ of August 15, 2005
Abandonment of a Portion of SE 2" Avenue
Page 3
Courtesy Notices provided to the following:
· PROD (Progressive Residents of Delray)
· Presidents Council
· Delray Beach Chamber of Commerce
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 ~ ASSESSMENT _____________________ _____----=J
SE 2nd Avenue varies in width from 50' wide (near Atlantic Avenue) and 55' wide (from the east-
west alleyway south to SE 15t Street). The possibility that SE 2nd Avenue would be expanded to -
become a 60' wide right-of-way is highly unlikely since the proposed Block 77-Worthing Place
development on the west side of SE 2nd Avenue did not dedicate any additional right-of-way.
The abandonment would reduce this portion of SE 2nd Avenue right-of-way to 50' which is the
standard width for a local road and is more consistent with the rest of SE 2nd Avenue. The
abandonment would not impair access and/or the provision of utility services to adjacent lots or
the surrounding area since a sidewalk and utility easement will be provided as a replacement on
the Avenue East Plat.
I '.'<- AL TERNA TIVE ACTIONS _ _ ____ __..J
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1. Continue with direction.
2. Move approval of the request for the abandonment of a portion of SE 2nd Avenue lying
adjacent to Lots 1-18 of the Subdivision of Block 85 (PB4, PG 14), less the south 10'
thereof, 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), Abandonment of Rights-of-Way, 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.
r<""<- _nO. . _... __... __________.__ ____ ---.------ ------ --...--- - - .. ----- . .--..-J
1i;: ~~ RECOMMENDED ACTION
---.----- . . ----. - . -. - - . -- . . .. Move approval of the request for the abandonment of a portion of SE 2nd Avenue lying adjacent
to Lots 1-18 of the Subdivision of Block 85 (PB4, PG 14), less the south 10' thereof, 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), Abandonment of Rights-of-Way, of the land Development Regulations.
subject to the following condition:
1. That a 6' wide Sidewalk and Utility Easement be provided on the plat.
Attachments:
· Location Map
· Survey of Abandonment Area
· Reduced Subdivision of Block 85 plat.
S:\Planning & Zoning\BOARDS\P&Z BOARD\Abandonment of Portion of SE 2nd Ave doc
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I I I I 1IIIIm I I r I I I
N ABANDONMENT
PORTION OF SE 2ND A VENUE ADJACENT TO BLOCK 85
CITY Of" DELRA Y BEACH. FL IN ASSOCIATION WITH AVENUE EAST DEVELOPMENT
PLANNING .Ie ZONING DEPARTMENT
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