Res 84-02RESOLUTION NO. 84-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 12-FOOT WIDE WATER EASEMENT
LYING WITHIN A PORTION OF LOT 3 AND LOT 4 OF
BLANK-NICHOLS SUBDIVISION (PB 13, PG 28), AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a 12 foot wide water easement lying within a portion of Lot 3 and Lot 4 of
Blank-Nichols Subdivision (PB 13, PG 28), as more particularly described in Exhibit "A"; said
Blank-Nichols Subdivision being located on the southeast comer of S.E. 6*h Avenue (Northbound
Federal Highway) and S.E. ya Street; and
WHEREAS, the application for abandonment of said easement was processed
pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development
Regulations of the City of Delray Beach, Florida; and
WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), 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, pursuant to
LDR Section 2.4.6(P)(5), finds that the abandonment will not result in detriment for the provision
of utility services to adjacent properties or the general area, 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 easement, as more particularly described in Exhibit
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That the foregoing recitals are hereby incorporated herein by this
Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it
is hereby determined to vacate and abandon all right and interest it holds to the following real
property, more particularly described as follows:
See Exhibit "A"
PASSED AND ADOPTED in regular session on this the ~.~ day of
2002.
MAYOR
ATTEST:
City Clerk
2 RES. NO. 84-02
Exhibit "A"
Land Description
12' Water Easement to be Abandoned
A portion of Lot 3 and Lot 4, Block 120, Blank-Nichols Subdivision, according to the plat thereof,
recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida, being more
particularly described as follows:
The South 6.00 feet, as measured at tight angles, of said Lot 3, less the West 5.00 feet thereof;
Together with:
The North 6.00 feet, as measured at right angles, of said Lot 4, less the West 5.00 feet thereof;
Same being that certain 12 foot Water Easement described in Official Records Book 6700, Page 267
of said Public Records, less the West 5.00 feet thereof.
Said lands lying in the City of Delray Beach, Palm Beach County, Florida, containing 1560 square
feet, more or less.
Land Description Prepared By:
SHAH, DROTOS & ASSOCIATES
1835 South Perimeter Road, Suite 190
Fort Lauderdale, Florida 33309
Prepared by: MDR
Checked by: MDR
Project No: 01-0557B
File Name: 0557B.WATER.EASEMENT.WPD
May 20, 2002
3 RES. NO. 84-02
12' WATER EASEMENT TO BE ABANDONED
LOTS 3 AND 4-BLOCK 120-BLANK-NICHOLS SUBDIVISION(pa 13, P~ 28, Pl~::~) ~_.~
$.£ $/~D 5'/'~£ET SC~E:~'=~o'
_ ., ~o ~s~O~
' ' ~oa~ 5~" -
~ (~ ~'~) 21
4 1 ALL~
~ ~ ~PB t5, PG 28
NO~ UNE OF
,. /OF BL~K 1~0
16' ALL~
~ " DB 352, PG 3B4
- ~ s~/~ ~
- 16' AL~
DB 550, PG 282
F~E H~, BY:
NO~: m~ ms NOT A ~N~ ~ MICP~ D. R~E
P~~ SU~ ~D ~
~0~ ~~N NO. 3998
~ ~ o1~
~ ~Y~D ~ ~V~D
~DROTOS
~ ASSOCIATES
CERTIFICATE OF AUTHORIZATION NO. LB 6~56
R~SIONS DWN DA~ ~/~ CHKD PH: 954-776-76~4 · FAX: 954-776-7608
TO:
THRU:
FROM:
SUBJECT:
cra.
PAUL DORLING, DIRECTOR OF PLANNING AND 2~NING
MEETING OF DECEMBER 3, 2002 CONSENT AGENDA
ABANDONMENT OF A 12' WIDE WATER EASEMENT LYING WITHIN A PORTION
OF LOTS 3 & 4, BLANK-NICHOLS SUBDIVISION ALONG WITH THE COMBINED
PRELIMINARY/FINAL PLAT FOR A 1.973 ACRE DEVELOPMENT KNOWN AS THE
MERIDIAN, LOCATED ON THE EAST SIDE OF S.E. 6TM AVENUE (NORTHBOUND
FEDERAL HIGHWAY), BETWEEN S.E. 3R° STREET AND S.E. 4TM STREET.
The subject property consists of Lots 1 through 6 of Blank-Nichols Subdivision (Plat Book 13, Page 28)
and the west 143' of the south half of Block 120, Town of Delray (Plat Book 1, Page 3). At its meeting
of September 17, 2002, the City Commission approved the abandonment of the 16-foot north-south
alleyway within Blank-Nichols Subdivision. The west 8' of this abandoned alleyway adjacent to Lots 1
through 6, Blank-Nichols Subdivision and the west half of the alleyway running through the center of the
North 87.5' of the south half of Block 120 is also included as part of the subject property. The entire
1.973 acre development is located on the east side of S.E. 6th Avenue, between S.E.3rd Street and
S.E.4th Street. The property previously contained the Boughton Hotel (apartments), the Steve Moore
Chevrolet used car sales facility, the Nozzle Nolen offices and the 7-11 convenience store. The hotel,
used car dealership and offices were demolished in August of 2002. The 7-11 convenience store is the
only structure on site and is still in operation.
The request before the Commission involves the abandonment of a 12-foot wide east/west water
easement lying within the south 6-feet of Lot 3 and the north 6-feet of Lot 4, Blank-Nichols Subdivision.
The 12' wide water easement was created through an easement deed (ORB 6700, PG 267) recorded in
January of 1991 between the former Dennis Fronrath Car Dealership and the City of Delray Beach in
order to service a fire hydrant located on S.E. 6th Avenue. At its meeting of August 28, 2002, the Site
Plan Review and Appearance Board granted site plan approval for a mixed-use (residential and offices)
development on the subject property. According to the site plan, the fire hydrant will be relocated and
the water line removed.
In conjunction with this abandonment request is the Final Plat Approval for the Meridian. The plat
currently before the Commission is required for developments which will be dedicating easements and
aggregating lots; and was listed as a condition of approval by SPRAB.
Abandonment Analysis:
Pursuant to LDR Section 2.4.6 (P) (5) (Public Easement Abandonment Findings) the following finding
must be made prior the City Commission granting an abandonment: That the abandonment will not
result in the detriment for the provision of utility services to the adjacent properties or the general area.
The City's Environmental Services Department (water & sewer service) has identified a 6" water main
located within the abandonment area. A fire hydrant, located on the east side of S.E. 6th Avenue
(Northbound Federal Highway) is the only connection to this water main. As part of the Meridian
City Commission Documentation
Meeting of December 3, 2002
Meridian Plat
Page 2
development, the existing fire hydrant will be removed and relocated to the project's main entrance on
S.E. 6th Avenue and a new easement dedicated as part of the plat. Therefore, the existing water
easement is no longer needed. The developer has agreed to provide replacement easements which will
be handled on the plat.
Utility Notification letters were sent to all utility service providers requesting comments for the easement
abandonment. Florida Power & Light, Adelphia Cable, Florida Public Utilities Co. (gas) and BellSouth
have reviewed the request and have no objection.
Plat Analysis:
Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be
made in a form which is part of the official record. This may be achieved through information in the
application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the
development application. These findings relate to Future Land Use Map Consistency, Concurrency
and Consistency with the Comprehensive Plan, and Compliance with the Land Development
Regulations.
The property has a Future Land Use Map designation of CC (Commercial Core) and is zoned CBD
(Central Business District). Within the CBD zone district, residential projects with a density of up to 30
units per acre are a permitted use. The proposed 22 unit mixed use development represents a density
of 11.30 units per acre, thereby meeting this requirement. The addition of 22 mixed-use units will have
a minimal impact on water and sewer demands, traffic and solid waste as it relates to their level of
service standards. Water service will be provided by extending an 8" main from S.E. 3rd Street along
the east side of the building (within the parking area), which will create a loop to an existing 12" water
main along S.E. 4th Street. Sewer service will be provided to the site via service lateral connections to
a proposed 8" sewer main within the parking area which will connect to an existing 8" sewer main along
the east side of the property. Water and Sewer mains will be covered on the plat by a water and sewer
easement. Drainage will be accommodated on site via an exfiltration trench system, with an outflow to
the City's drainage system on SE 3rd Street. Since this is a private drainage system, drainage
easements will not be necessary. No internal street system is proposed with this development as all
residents and tenants will take direct access from either S.E. 3rd Street, S.E. 4th Street or S.E. 6th
Avenue (Northbound Federal Highway). A park impact fee of $500 for each unit will be collected prior
to the issuance of a building permit. A total fee of $11,000 will be required of this development for
parks and recreation purposes.
Pursuant to LDR Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon
which a finding of overall consistency is to be made.
As described in Appendix "A", a positive finding with respect to consistency can be made as it relates to
Standards for Plat Actions.
Based upon the above, positive findings with respect to Future Land Use Map Consistency,
Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land
Development Regulations can be made.
City Commission Documentation
Meeting of December 3, 2002
Meridian Plat
Page 3
RECOMMENDED ACTION
By motion, approve the abandonment of the 12-foot wide water easement lying within the south 6-feet
of Lot 3 and the north 6-feet of Lot 4, Blank-Nichols Subdivision (PB 13, PG 28), based upon positive
findings with respect to LDR Section 2.4.6(P)(5), and approve the preliminary plat of Meridian and
certify the final plat based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and
Objectives and Policies of the Comprehensive Plan.
Attachments:
· AppendixA
· Location Map
· Abandonment Resolution
· Description & Survey of Abandonment Area
· Reduced Surveyand Reduced Plat
· Reduced Site Plan
S:~ P&Z~boards\city commission~Meridian Plat-CCdoc
City Commission Documentation
Meeting of December 3, 2002
Meridian Plat
Page 4
STAND,~iRDS FOR PEAT ACTIONS
A. Building design, landscaping, and lighting (glare) shall be such that they do not create
unwarranted distractions or blockage of visibility as it pertains to traffic circulation.
Not applicable
Meets intent of standard
Does not meet intent
X
Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives D-1 and D-2 of the Transportation Element.
Not applicable
Meets intent of standard
Does not meet intent
X
C. Open space enhancements as described in Policies found under Objective B-1 of the Open
Space and Recreation Element are appropriately addressed.
Not applicable X
Meets intent of standard
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation modification
may have upon an existing neighborhood. If it is determined that the widening or
modification will be detrimental and result in a degradation of the neighborhood, the project
shall not be permitted.
Not applicable X
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned in a
manner which is consistent with adjacent development regardless of zoning designations.
Not applicable
Meets intent of standard
Does not meet intent
X
Vacant property shall be developed in a manner so that the future use and intensity are
appropriate in terms of soil, topographic, and other applicable physical considerations;
complementary to adjacent land uses; and fulfills remaining land use needs.
City Commission Documentation
Meeting of December 3, 2002
Meridian Plat
Page 5
Not applicable
Meets intent of standard
Does not meet intent
X
G. Redevelopment and the development of new land shall result in the provision of a variety of
housing types which shall continue to accommodate the diverse makeup of the City's
demographic profile, and meet the housing needs identified in the Housing Element. This
shall be accomplished through the implementation of policies under ObJective B-2 of the
Housing Element.
Not applicable
Meets intent of standard
Does not meet intent
X
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns
shall be reviewed in terms of their potential to negatively impact the safety, habitability and
stability of residential areas. If it is determined that a proposed development will result in a
degradation of any neighborhood, the project shall be modified accordingly or denied.
Not applicable
Meets intent of standard
Does not meet intent
X
Development shall not be approved if traffic associated with such development would create
a new high accident location, or exacerbate an existing situation causing it to become a high
accident location, without such development taking actions to remedy the accident
situation.
Not applicable
Meets intent of standard
Does not meet intent
X
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all
new housing developments as part of the design to accommodate households having a
range of ages. This requirement may be waived or modified for residential developments
located in the downtown area, and for infill projects having fewer than 25 units.
Not applicable X
Meets intent of standard
Does not meet intent
ATLANTIC
·
S E 1ST ST
SE
FIDELITY
FEDERAL
2NO
3RD
I
AVENUE
S E. 4-TH
WOMEN'S
L L CLUS
0
ST
NATER
r
WA TERWA Y EAST
COMMERCIAL
CONDO
MIRAMAR
SEA GA TE
TOWERS
SEAGATE
MANOR
CASUARINA RD
CITY OF OELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
· ----- MERIDIAN PLAT .----.
IN ASSOCIATION WITH
THE ABANDONMENT OF A 12' WIDE EAST-WEST WATER EASEMENT
(BLOCK 120, BLANK-NICHOLS SUBDIVISION)
-- OlSlT,4L BASE MAP SYSTEM --
RESOLUTION NO. 84-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
A 12-FOOT WIDE WATER EASEMENT LYING WITHIN A
PORTION OF LOT 3 AND LOT 4 OF BLANK-NICHOLS
SUBDIVISION (PB 13, PG 28), AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for abandonment
of a 12 foot wide water easement lying within a poruon of Lot 3 and Lot 4 of Blank-Nichols Subdivision
(PB 13, PG 28), as more parncularly described in Exhibit "A"; said Blank-Nichols Subchvlsion being
located on the southeast corner of S.E. 6th Avenue (Northbound Federal Highway) and S.E. 3~d Street; and
WHEREAS, the application for abandonment of said easement was processed pursuant to
Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City
of Delray Beach, Florida; and
WHEREAS, pursuant to LDR Secuon 2.4.6(P)(3)(c), the applicauon was forwarded to the
City Commission with the recommendauon that the abandonment be approved, based upon positive
fmdmgs; and
WHEREAS, the City Commission of the City of Dekay Beach, Florida, pursuant to LDR
Section 2.4.6(P)(5), finds that the abandonment will not result in detranent for the provision of utility
services to adjacent properties or the general area, 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 easement, as more particularly described m Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing recitals are hereby incorporated herein by this reference.
Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby
determined to vacate and abandon all right and interest it holds to the following real property, more
particularly described as follows:
See Exhibit "A"
PASSED AND ADOPTED in regular session on tl'ns the __ day of
,2002.
ATTEST:
MAYOR
City Clerk
· EXHIBIT "A"
LAND DESCRIPTION
12' WATER EASEMENT TO BE ABANDONED
A portion of Lot 3 and Lot 4, Block 120, BLANK-NICHOLS SUBDIVISION, according to the plat
thereof, recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Flodda,
being more particularly described as follows:
The South 6.00 feet, as measured at right angles, of said Lot 3, less the west 5.00 feet thereof;
TOGETHER WITH:
The North 6.00 feet, as measured at right angles, of said Lot 4, less the West 5.00 feet thereof;
Same being that certain 12 foot Water Easement described in Official Records Book 6700, Page
267of said Public Records, less the West 5.00 feet thereof.
Said lands lying in the City of Delray Beach, Palm Beach County, Flodda, containing 1560 square
feet, more or less.
Land Description Prepared By:
SHAH, DROTOS & ASSOCIATES
1835 South Perimeter Road, Suite 190
Fort Lauderdale, Flodda 33309
Prepared by: MDR
Checked by: MDR
Project No.: 01-0557B
File Name: 0557B.WATER.EASEMENT.WPD
May 20, 2002
Sheet 1 of 2 Sheets
SKETCH OF DESCRIPTION
IZ' WATER EASEMENT TO BE ABANDONED
LOTS 3 AND 4-BLOCK 120-BLANK-NICHOLS SUBDIVISION
(PB 13, PG 28, PBCR)
.$.~ ,3RD S/"flEET SCALE:l"=60'
1 24
2 25
5' ADDITIONAL RIGHT-OF-WAY .
4 16' ALLEY
NORTH LINE OF
..... / OF BLOCK 120
16' ALLEY
~ DB 352, PG 584
DB 550, PG 282
NOTE: THIS IS NOT A BOUNDARY SURVEY MICH~J_ O. ROSE
PROFES~ SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. ,3998
PROJECT NO:. 01-05579
FILE NN4E: X:\CAD\SURVEY~O557AOO\R13\O557VACA UNLESS IT ~ THE SIGNKrURE/~D 'II.IE ~NN. ~ OF A FLORIDA
SHEET 2 OF 2 S~i~.t'~ lICENSED StJR~'YOR ,fl~lO ~ 'R-liS ~ IS f-OR INFORMA'noNN.
=tJRP~e.-~ ONLY ~ND IS NOT V, NJD
PLANNING
& ASSOC~^TES
CERTIFICATE OF AUTHORIZATION NO. LB 6456
SKETCH OF DESCRIPTION MDR 05/20/O2 MDR 1855 S. Perimeter Roc~d · Suite ~90e Ft. Lauderdale, FI. 33309
REVISIONS DWN DATE FB/PG CHKD PH: 954-776-7604 · FAX: 954-776-7608
~n$
oml-k:lvUOO,~m aNY AuYaNnoe~ ~ ~ F~ I
NYIOI83W ~ ~ ~ ~ ~
~=~ o
o~O ~
~ ~ bnN3~V 4~g 35
/