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Res 45-13RESOLUTION NO. 45 -13 A RESOLUTION OF THE CITE' COMMISSION OF THE CITY Or DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN ALLEY RIGHT -OF -WAY LOCATED ON THE PROPERTY AT 828 NE 1S1' COURT, AS MORE FULLY DESCRIBED IN EXHIBIT "A ", AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of an alley light -of -way, as more particularly described in Exhibit "A "; said alley right -of -way being located between Lot 27 and Lots 28 and 29, Seestedt- Stevens Subdivision, according to the Plat thereof, recorded in Plat Book 18, Page 3 of the Public Records of Palm Beach County, Florida; and WHEREAS, the application for abandonment of said might -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, Florida; 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 September 16, 2013 and voted 5 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5); and WHEREAS, pursuant to LDR Section 2.4.6(M), the application was forwarded to the City Commission with the reconu- nendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it to be in the best interest of the City of Delray Beach to vacate and abandon said alley right of way, based upon positive findings pursuant to LDR Section 2.4.6M(5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That 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. rights and interests it holds to the following real property described as follows: See, Exhibit "A" 0, �ASSED AND ADOPTED in regular session on this ttie day of f, -12013. AYOR RES. NO. 45 -13 SKETCH OF EXHIBIT "A" SCALE. "--39 NWC07NM QF 50 LOT 27 gom UNE OF LOT 27 �11 1 SOUTH ME 1.4 113 q.9 of LOT R5 .. 6km LINF OF LbT 29 lPtkE5Y CERTIFY THAT 'TK8 SQRWY MEETS -ME:M-INIMMT �CHNICALSTANDARDS FOR SURVEYSvAS CHARTER T6 SECTI'O'N 472.0t7, kMlt*STAYUM AA � gkw �i-q 'BY I , yj PLATT C bF, AS Rffdbtb p WTItOK18, rk3j OrTME rLMUA, tUM ftkkb�bAS FbUft T4 Orswib uiti -ILI ? shYdergMSncom,'c'=.: GAT'fa� =4 LUKNMU-SAL�LLPI I- t WbUIVI ILAN; I htMLt'tAb I ALONG Nokili LNE FEEf tO A 501NVO� VE&MON WM NVOWt 09K�R DF WT2.i AND TKMIMF MWC OF Dat(�� 01-3.96041159AI MDA Rflf LINE 6� Skb:AUH ' A DIS tAK- E-0 I F 10.60 FCET TVA-P019TC� lNtff±T16YWftl tt -0A MH W E C'O'R N E R 9 F LOT 28 " '71 H E- R C E M AMG THE !E'ASt OEV SATA-IEY, 'A b8tAKC'8`WYt& TE"T TO -A PONT' VENCE VEST ME'SflM CD LI, i3 —IMP-1 REGISTRAT1CM Nc, 5639 (NOT VALK) WiTkOUT-THE SiCNA7DPE-A-Ab M8 ORIGINAL RMSEb SEAL c)F THE FLCItfDA LICEN:5iEb SuMYoP Agb MAPPLR SHOWN MOVE) M ,a Rjor. R6dd Ste. Al2 PC-. - M5 L4- 5.00(P) Ass Li Re: (561) 367w3587 Fa X: (56 f) 465-3145 �lcllandtecSurvey-,com ` Lc: �� "Wit �11 1 SOUTH ME 1.4 113 q.9 of LOT R5 .. 6km LINF OF LbT 29 lPtkE5Y CERTIFY THAT 'TK8 SQRWY MEETS -ME:M-INIMMT �CHNICALSTANDARDS FOR SURVEYSvAS CHARTER T6 SECTI'O'N 472.0t7, kMlt*STAYUM AA � gkw �i-q 'BY I , yj PLATT C bF, AS Rffdbtb p WTItOK18, rk3j OrTME rLMUA, tUM ftkkb�bAS FbUft T4 Orswib uiti -ILI ? shYdergMSncom,'c'=.: GAT'fa� =4 LUKNMU-SAL�LLPI I- t WbUIVI ILAN; I htMLt'tAb I ALONG Nokili LNE FEEf tO A 501NVO� VE&MON WM NVOWt 09K�R DF WT2.i AND TKMIMF MWC OF Dat(�� 01-3.96041159AI MDA Rflf LINE 6� Skb:AUH ' A DIS tAK- E-0 I F 10.60 FCET TVA-P019TC� lNtff±T16YWftl tt -0A MH W E C'O'R N E R 9 F LOT 28 " '71 H E- R C E M AMG THE !E'ASt OEV SATA-IEY, 'A b8tAKC'8`WYt& TE"T TO -A PONT' VENCE VEST ME'SflM ow LINE OFWD'AL ONG T �E 541]TP# LINE qF AiI1 ALLEY, A i�TS7ANCEd S,DO FEED TO A POY(3T, iNENLf NDTiTH ALONG fiFTE WEST LINE FMALLE�A ANDREWSNYUER MorEs;5N'AL-SLRVEYOR AND MAPPER FLOPIDA' REGISTRAT1CM Nc, 5639 (NOT VALK) WiTkOUT-THE SiCNA7DPE-A-Ab M8 ORIGINAL RMSEb SEAL c)F THE FLCItfDA LICEN:5iEb SuMYoP Agb MAPPLR SHOWN MOVE) M ,a Rjor. R6dd Ste. Al2 PC-. - M5 �dca R&A FL. 3348 Ass Li Re: (561) 367w3587 Fa X: (56 f) 465-3145 �lcllandtecSurvey-,com ` Lc: �� "Wit AVM Iv . C\j ol I y . 1 �a • a L Ira 3i 1� L Ar il 44 -2q 4 k b 20 Oz .--I' twl F- kk [— %q 4 0 L) 0 �ryjF Q0 Kq 4 z cc) oUgp i 41�V tij ILI IR Ln 1A 4 to z jm LQ wox t z 0 U) '7 sa 1 LL _j to CL u 0 CD F. "t U 03an aKi LON Q eu r114 z -----7r7rr- Cd yyt a Coversheet RL MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Floggard, AICP, Principal Planner Paul Dorling, AICP, LEED GA, Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: September 18, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 RESOLUTION NO. 45-13: ALLEY ABANDONMENT/ 828 NE IST COURT ITEM BEFORE COMMISSION Page 1 of 2 The item before the Commission is consideration of the abandonment of alley right -of -way located at 828 NE 1st Court, pursuant to LDR Section 2.4.6(M), Abandonment of Rights -of -Way. BACKGROUND The alley right -of -way was dedicated by the plat for the Seestedt- Stevens Subdivision, recorded in Plat Book 18, Page 3 of the Public Records of Palm Beach County, Florida. The alley is located between Lot 27 and Lots 28 and 29 of the subdivision. The applicant for the abandonment is the owner of the property at 828 NE 1st Court, which consists of Lot 28, Lot 29 and approximately 10.4 feet of the eastern portion of Lot 27. As shown on the attached plat blow -up, with the combination of these lots into one building lot, the alley is now located entirely within the applicant's property. The alley right -of- way to be abandoned is 10 feet wide and extends 78.8 feet south of NE 1 st Court. The alley does not contain any public utilities or provide access to adjacent properties. As shown on the attached survey, part of the applicant's driveway and an air conditioning unit are located within the alley right -of -way. If abandoned, the alley will become part of the applicant's property which has already been developed. In its current location, there is no public purpose for the alley right -of -way and it should be abandoned. Therefore, a positive finding can be made with respect to LDR Section 2.4.6 (M)(5), and the request can be supported. REVIEW BY OTHERS Environmental Services Department: The City's Environmental Services Department has reviewed the request and has no objection to the abandonment. Florida Power & Light (FPL), Comcast Cable, Florida Public Utilities Company and AT &T have reviewed the request, and have no obj ection to the abandonment. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 7210 &MeetingID =462 10/16/2013 Coversheet Page 2 of 2 Planning and Zoning Board: On September 16, 2013, the Planning and Zoning Board reviewed the alley abandonment and recommended approval (5 -0), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof was consistent with the Comprehensive Plan and met criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. A full analysis of the proposed abandonments, including the required findings is provided in the attached Planning and Zoning Board staff report. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Delray Citizen's Coalition • Palm Trail P»hlir, Notice- Formal public notice was provided to property owners within a 500' radius of the subject property and a notice was posted in the newspaper. As of this date, the Planning Department has not received any letters of opposition to the abandonment. Future letters of objection or support, if any, will be provided at the City Commission meeting. RECOMMENDATION By motion, approve Resolution No. 45 -13 to abandon the alley located at 828 NE 1st Court, 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. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 7210 &MeetingID =462 10/16/2013 'L , +�• �y 4 Y dt Y • + ! M t j 7 � M • � 'I r �. - - rl / + I JL. L �h _ r "I qw •R � � y �r cl `p�� �� i• 'i ' Y y s T a y j ti Ar h r.D d , ILL marr _ f %6 ,r• ' �; Pr F . . piq _ IM r'p 4p � .,° 1- ' -A _ Y� Y._ +_Lr � it Li, �+ � '}F T YJ T .• JI s +.� .fir � +_ + i� � ti •�, � �+ :�' } � t '� � ' iii ;� •i i -4.P: r � ti - • - VA lb do �' Y rah •- �F ' - _ . dN -h ' P. �, +�'' N. E. 1ST CT. Q Q 0 U Q z Q w Q N.E. 1ST ST. N ALLEYWAY SUBJECT 82g N E 1ST COURT ABANDONMENT PROPERTY PLANNING AND ZONING DEPARTMENT L. — — J LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1365_Delray Beach Fairfield Inn — Alleyway Abandonment PLANNING AND ZONING BOARD CITY OF DELRAY BEACH - -- STAFF REPORT - -- MEETING DATE: September 16, 2013 ITEM: V.A. Abandonment of a 10 feet wide alley right -of -way lying within the property located at 828 NE 1st Court. The alley right -of -way extends 78.80 feet south of NE 1st Court between Lots 27, 28 and 29, Seestedt- Stevens Subdivision. I GENERAL DATA: Applicant ...... ............................... Randi Walden Property Owner of Adjacent 828 NE 1St Court Properties .............................. Agent ........... ............................... Gary Dunay, Esq., and Christina Bilenki, Esq. Location ....... ............................... 10 feet wide by 78.8 feet long located on the south side of NE 1St Court. Property Size .............................. 0.02 acres (789 sq. ft.) Future Land Use Map ................. LD (Low Density Residential 0 -5 du /ac) Current Zoning ............................ R -1 -AA (Single - Family Residential) Adjacent Zoning ................North: R -1 -AA (Single - Family Residential) East: R -1 -AA (Single - Family Residential) South: R -1 -AA (Single - Family Residential) West: R -1 -AA (Single - Family Residential) Existing Land Use ...................... Unimproved alley (developed as part of lot) Proposed Land Use .................... Single Family Residential 101 N. E. 1ST CT. a Q Q w N. E. 1ST ST. N V. A. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of alley right -of -way located at 828 NE 1St Court. This right -of -way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Rights -of -Way. BACKGROUND The alley right -of -way was dedicated by the plat for the Seestedt- Stevens Subdivision, recorded in Plat Book 18, Page 3 of the Public Records of Palm Beach County, Florida. The alley is located between Lot 27 and Lots 28 and 29 of the subdivision. The applicant for the abandonment is the owner of the property at 828 NE 1s' Court, which consists of Lot 28, Lot 29 and approximately 10.4 feet of the eastern portion of Lot 27. As shown on the attached plat blow -up, with the combination of these lots into one building lot, the alley is now located entirely within the applicant's property. ABANDONMENT DESCRIPTION The subject alley right -of -way to be abandoned is 10 feet wide and extends 78.8 feet south of NE 1St Court. ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(M)(1), public right -of -way may be abandoned (returned) to the fee description of 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 alley right -of way was dedicated by plat. The owner of the adjacent property to the east and west of the right -of -way (the applicant) is entitled to the abandoned area. The alley does not contain any public utilities or provide access to adjacent properties. As shown on the attached survey, part of the applicant's driveway and an air conditioning unit are located within the alley right -of -way. In effect this right -of -way does not function as an alley and is not needed. The City's Environmental Services Department has reviewed the request and has no objection to the abandonment. Florida Power & Light (FPL), Comcast Cable, Florida Public Utilities Company and AT &T have reviewed the request, and have no objection to the abandonment. 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. Planning and Zoning Board Meeting of September 16, 2013 Abandonment of Alley at 828 N E 1 St Court Page 2 As stated earlier, the alley is entirely surrounded by the applicant's property at 828 NE 1s' Court. It was developed as part of the building lot with a portion of the home's driveway and an air conditioning unit located within the alley right -of -way. The alley does not contain any public utilities or provide access to adjacent property. In effect this right -of -way does not function as an alley and is not needed. Therefore, a positive finding can be made, and the request can be supported. B) That the abandonment does not, nor will not, prevent access to a lot of record. As stated above, the alley is entirely surrounded by the applicant's property and does not provide access to any other lots of record. Based on the above, 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 stated above, there are no public utilities located within the alley. Given its location, entirely surrounded by the applicant's property, it is not possible for the alley to provide access or utility services to adjacent properties or the general area. Therefore, a positive finding can be made. REVIEW BY OTHERS Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Delray Citizen's Coalition • Palm Trail Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property and a notice was posted in the newspaper. The Planning Department has not received any letters of opposition to the abandonment. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT If abandoned, the alley will become part of the applicant's property which has already been developed. In its current location, there is no public purpose for the alley right -of -way and it should be abandoned. Therefore, a positive finding can be made with respect to LDR Section 2.4.6(M)(5) and the request can be supported. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Move a recommendation of approval of the request for abandonment of the alley located at 828 NE 1s' Court, 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. Planning and Zoning Board Meeting of September 16, 2013 Abandonment of Alley at 828 N E 1 st Court Page 3 3. Move a recommendation of denial of the request for abandonment of the alley located at 828 NE 1s' Court, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and that the required findings of LDR Section 2.4.6(M)(5) cannot be made. RECOMMENDED ACTION Move a recommendation of approval of the request for abandonment of the alley located at 828 NE 1s' Court, 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 Aerial Plat Blow up of Plat Property Survey Resolution No. 45 -13 with Sketch and Legal of Abandonment Area RESOLUTION NO. 45 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN ALLEY RIGHT -OF -WAY LOCATED ON THE PROPERTY AT 828 NE 1ST COURT, AS MORE FULLY DESCRIBED IN EXHIBIT "A ", AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of an alley right -of -way, as more particularly described in Exhibit "A "; said alley right -of -way being located between Lot 27 and Lots 28 and 29, Seestedt- Stevens Subdivision, according to the Plat thereof, recorded in Plat Book 18, Page 3 of the Public Records of Palm Beach County, Florida; and WHEREAS, the application for abandonment of said 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, Florida; 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 September 16, 2013 and voted 5 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5); and WHEREAS, pursuant to LDR Section 2.4.6(M), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it to be in the best interest of the City of Delray Beach to vacate and abandon said alley 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: Section 1. That 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 rights and interests it holds to the following real property described as follows: See, Exhibit "A" PASSED AND ADOPTED in regular session on this the day of 2013. MAYOR ATTEST: CITY CLERK RES. NO. 45 -13 SCALE 1 =30' s' AL EXHIBIT "A" (P.O.C.) NW CORNER OF SAID LOT 27 NORTH LINE L I L2 Of LOT 28 NORTM LINE Of LOT 27 T 0 c�I !A 1 1 0° SOUTH LINE OF LOT 28 NORTH LINE OF LOT 29 LINE TABLE R LENGTH 9.00(P) 0:00'(P) :00'(P) J SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THATTHIS SKETC,IIOF,D�S,�i�IpTI(JN...._ SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR SURVEM AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61 G17 -6'OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472:027, FLORIDA STATUTES 's# Digitally signed by A LEGAL 1D FOOTALEY N. � Andrew Snyder sears,DN: crn= Andrew Snyder, IN PLAT BOOK 18, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FURTHER TO THE PLAT THEREOF, AS RECORDED =La ndtec Su rveyi ng, I Inc., LOCATED BETWEEN LOTS 27, 28 AND 29, SEESTEDT•STEVENS SUBDIVISION, AC R DESCRIBED AS FOLLOWS ."OOU, email =a- ' shy" er COMMENCINGAT THE NORTHWEST CORNER OF SAID LOT 27, SEESTEDT STEVENS SUBDIVISION, THENCE EASTALONG THE NORTH LINE OFSAID @msmcom t =.. 9.00 FEET TO A POINT OF INTERSECTION WITH THE NORTHEAST CORNER OF LOT 27 AND THE POINT OF BEGINNING OF c rwm ^; Date; 2013.06:04 11:59:15 LOT 27, A DISTANCE OF 4 SAID ALLEY; THENCE EAST ALONG THE NORTH LINE OF SAID ALLEY, A DISTANCE OF 10.60 FEET TO A POINT OF INTERSECTION WITH THE 7 - 04'00' NORTHWEST CORNER OF LOT 28; THENCE SOUTH ALONG THE EAST LINE'OF SAID ALLEY, A DISTANCE OF 1810 FEET TO A POINT; THENCE WEST ALONG THE SOUTH LINE OF SAID ALLEY, ADISTANCE OF 5,00 FEET TO A POINT OF INTERSECTION OF LOTS 28 AND 29; THENCE CONTINUE WEST SIGNED:. (� DATE': 04 /04%2'01''3 ALONG THE SOUTH LINEOFSAIDALLEY; ADISTANCEOF5OOFEETTO' APOINT; THENCENORTHALONG THEWESTLINEOFSAIDALLEY,A ANDREWSNYDERPROFESSIC�NALSURVEYOR AND MAPPER FLORIDA DISTANCE OF 78,78 FEET TO THE POINT OF BEGINNING, REGISTRATION No. 5,639 (NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND SAID DESCRIBED PARCEL OF LAND CONTAINING 799 SO. FT. (0.02 ACRES) MAPPER SHOWN ABOVE) Lahteo Surveying tl(fers servlces'lhroughout the`State df Florida. Please refer to our websrte'at LEGEND: F: ww.Wdt6cSurvey.com for up to date infdrmafion about ovr locations and doverage area. This sketch has been Issued by the folldwirfg Landtec Surveying O&e: 21000 Boca Rio Road - Ste. Al2 RC. -R4GE Boca Raton, FL. 333433 S LI R V E Office: (561) 3'67 -3587 Fax: (561) 465 -3145 ProVid'ing =Fast& Accurate Land surveying Services throughout Florida www.LandteoSurvey.com nrerrs �trt6i`v 6ette °!