Res 02-149
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DELRAY BEACH
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OF G ELRRY BEREPH
��-.A-ERK 100 N.W. Ist AVENUE
CERTIFICATION
1, CHEVELLE D. NUBIN, MMQ City Clerk of the City of Delray
'
Beach, do hereby certify that the attached- document is a true and correct .Tj
copy of Resolution No. 02-14, as the same was passed and adopted by the
Delray Beach. City Commission in regular session on the 7t11 day of January 6
2014. 0:3
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 1301 day of
January 2014.
(SEAL)
V
Chevelle D. Nubin, AMC
City Clerk C
City of Delray Beach, Florida CD
C".0
4J.
RESOLUTION NO. 02-14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE
NORTH /SOUTH ALLEY RIGHT -OF -WAY LOCATED WEST OF AND
ADJACENT TO THE PROPERTY AT 2910 FREDERICK
BOULEVARD, BUT RESERVING AND RETAINING TO THE CITY A
GENERAL UTILITY EASEMENT FOR PUBLIC AND PRIVATE
UTILITIES OVER THE ENTIRE AREA THEREOF, AS MORE
PARTICULARLY DESCRIBED HEREIN; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of
the alley right -of -way, as more particularly described in Exhibit "A "; said alley right -of -way being
located west of and adjacent to Lots 26, 27 and 28, Block 27; Del Raton Park, according to the Plat
thereof, recorded in Plat Book 14, Page 9 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(Nl)(3)(e), the Planning and Zoning Board, as
Local Planning Agency, formally reviewed the matter at. a public hearing on December 16, 2013 and
voted 7 to 0 to recommend approval of the abandonment, based upon positive findings with respect
to LDR Section 2.4.6(4(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), but does not abandon and retains and
reserves unto itself a general utility easement over the entire abandoned area for the purpose of
emergency access and constructing and /or maintaining, either over or under the surface, poles,
wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether
owned by the City or private corporations.
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.
J
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 real property described in Exhibit "A ", except as provided for in
Section 3 of this Resolution.
Section 3. The City of Delray Beach Commission does not abandon and retains and
reserves unto itself a general utility easement for the purpose of emergency access and constructing
and /or. maintaining, either over or under the surface, poles, wires, pipes, sewers, drainage facilities,
or any other facilities used for various public utilities whether owned by the City or private
corporations, over the entire abandoned area, more particularly described in Exhibit "A ".
PASSED AND ADOPTED in regular session on this the day of
J v
-2014
M YOR
ATTEST:: \�
CITY CLERK
2 RES. NO. 02-14
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DEC 04 2013
SURVEYOR'S NOTES. PLANNING ONIN'G
1. THE BASIS OF BEARINGS IS S86'31'49 "W RELATIVE TO THE CENTERLINE OF AVENUE H.
2. THIS MAP IS INTENDED TO BE .DISPLAYED AT A SCALE OF 1 " =30' OR SMALLER.
3. ADDITIONS OR DELETIONS TO THIS SKETCH BY ANYONE OTHER THAN THE SIGNING PART'
ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE THE SIGNING PARTY.
4. UNLESS IT BEAR THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, MAP OR PLAT IS NOT VALID AND FOR
INFORMATIONAL PURPOSES ONLY.
5. THERE MAY BE ADDITIONAL EASEMENTS AND /OR RESTRICTIONS NOT SHOWN HEREON
THAT BENIFIT OR ENCUMBER THE LAND SHOWN HEREON.
6. THIS IS NOT A SURVEY.
CERTIFICATE OF .SURVEYOR:
I HEREBY CERTIFY THAT THIS SKETCHAND
DESCRIPTION WERE MADE UNDER MY RESPONSIBLE
CHARGE AND MEETS THE APPLICABLE MINIMUM
TECHNICAL STANDARDS FOR SURVEYS AS SET
FORTH BY THE FLORIDA BOARD OF LAND
SURVEYORS IN CHAPTER 5J -17, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION
472.027, FLORIDA STATE t*�7' I
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THOMAS E WFldDL�1V „L
PROFESSIONAL'SURVE'011�
FLORIDA CERTIFICATION NUMBER 6?,25
EXHIBIT "
ALLEY
LEGAL DESCRIPTION
THAT PORTION OF THE 10 FOOT WIDE ALLEY LYING WEST OF
AND ADJACENT TO THE FOLLOWING DESCRIBED PROPERTY:
LOTS 26, 27 AND 28, BLOCK 27, DEL RATON PARK, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE
9 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING 750 SQUARE FEET, MORE OR LESS.
DRAWN CHECKED I DATE
Tom CJL 070CT13
Whidden Surveying & Mapping, Inca
9200 Belvedere Road, Ste 114
Royal Palm Beach, FL 33411
Phone: 561.790.5515
Fax: 561.790.6557
www.whiddensurveying.com
Licensed Buisness No. 7232
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Coversheet
MEMORANDUM
TO: M ayor and Ci ty Commi ssi oners
FROM: Danee Smith, Planner
Mark McDonnell, A I CP, Interim D i rector Planning And Zoning
THROUGH: Louie Chapman, Jr., City Manager
DATE: December 26, 2013
Page 1 of 2
SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF JANUARY 7, 2014
RESOLUTION NO. 02-14: ABANDONMENT OF AN ALLEYWAY/ FREDERICK BOULEVARD
ITEM BEFORE COMMISSION
The i tem before the Commi ssi on i s consi derati on of the abandonment of the al I ey ri ght -of -way I ocated
west of and adj scent to the undevel oped property at 2910 Frederi ck Boul evard.
BACKGROUND
The owner of the undevel oped property at 2910 Frederi ck Boul evard has requested the abandonment as
a precursor to devel opment of the property. The appl i cant and the owner of the adj scent property to the
west wi I I each get one- hal f of the abandoned area. Si nce the rear setback wi I I be measured f rom the new
property I i ne at the centerl i ne of the abandoned area, the abandonment wi I I i ncrease the devel opabl e
area of the appl i cant's property. Whi I e the al I ey does not contai n any water or sewer I i nes, i t does
contain FPL I i nes servicing the adjacent properties. To accommodate the existing utilities, the
Abandonment Resol uti on wi I I retai n a general uti I i ty easement over the enti re abandoned area.
It is noted that the portion of the platted al I ey right -of -way south of the applicant's property was
abandoned by Pal m Beach County i n 1977 (Resolution No. R -77 -193). The portion of the al I ey right -of-
way north of the appl i cant's property i s not being abandoned.
REVIEW BY OTHERS
On December 16, 2013, the abandonment was revi ewed by the R anni ng and Zoni ng Board and the
board recommended approval (7-0). A full analysis of the proposed abandonment, including the
requi red f i ndi ngs, i s provi ded i n the attached R anni ng and Zoni ng Board staff report.
The City's Envi ronmental Services Department (ESD) reviewed the request and had no objection to the
abandonment, provided a general utility easement is retained over the entire abandoned area to
accommodate other U t i I i ty Com pan i es w h i ch may have faci I i t i es i n the al I ey. Letters were sent to the
utility providers to determine if there were any objections to the abandonment. Florida Public Utilities
http: //i twebapp /A gendal ntranet/B I uesheet. aspx ?I tem I D =7456& M eeti ng I D =470 4/8/2014
Coversheet
Page 2 of 2
responded that i t had no obj ecti on to the abandonment. FP& L stated that a 10' uti I i ty went woul d
be requi red to accommodate i is overhead and f aci I i ti es wi thi n the al I ey. Whi I e no response was recce ved
f rom AT& T or Comcast, any faci I i ti es that they may have wi thi n the al I ey wi I I be accommodated wi thi n
a general uti I i ty went bei ng retai ned over the enti re abandoned area.
RECOM M ENDATI ON
By motion, approve Resolution No. 02 -14 to abandon the al I ey as descri bed therein, and f ndi ng that the
request and approval thereof is consistent with the Comprehensive Ran and meets criteria set forth in
Section 2.4.6(M)(5), of the Land Development Regulations.
http: //i twebapp /A gendal ntranet/B I uesheet. aspx ?I tem I D=7456& M eeti ng I D=470 4/8/2014
10'
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i'31'49 "W LOT 29
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LOT 28
OVERHEAR WIRES
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SURVEYORS NOTES:
1. THE BASIS OF BEARINGS IS S86'31'49 "W RELATIVE TO THE CENTERLINE OF AVENUE H.
2. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1 " =30' OR SMALLER.
3. ADDITIONS OR DELETIONS TO THIS SKETCH BY ANYONE OTHER THAN THE SIGNING PART)
ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE THE SIGNING PARTY.
4. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, MAP OR PLAT IS NOT VALID AND FOR
INFORMATIONAL PURPOSES ONLY.
5. THERE MAY BE ADDITIONAL EASEMENTS AND/OR RESTRICTIONS NOT SHOWN HEREON
THAT BENIFIT OR ENCUMBER THE LAND SHOWN HEREON.
6. THIS IS NOT A SURVEY.
CERTIFICATE OF SURVEYOR: LEGAL DESCRIPTION
THAT PORTION OF THE 10 FOOT WIDE ALLEY LYING WEST OF
I HEREBY CERTIFY THAT THIS SKETCH AND AND ADJACENT TO THE FOLLOWING DESCRIBED PROPERTY:
DESCRIPTION WERE MADE UNDER MY RESPONSIBLE
CHARGE AND MEETS THE APPLICABLE MINIMUM LOTS 26,27 AND 28, BLOCK 27, DEL RATON PARK, ACCORDING
TECHNICAL STANDARDS FOR SURVEYS AS SET TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE
FORTH BY THE FLORIDA BOARD OF LAND 9 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SURVEYORS IN CHAPTER 5J -17, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION CONTAINING 750 SQUARE FEET, MORE OR LESS.
472.027, FLORIDA S.T TE TATUTES.
THOMAS E. WHIDDEN
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATION NUMBER 6225
Whidden Surveying & Mapping, Inc.
9200 Belvedere Road, Ste 114
Royal Palm Beach, FL 33411
Phone: 561.790.5515
Fax: 561.790.6557
www.whiddensurveying.com
Licensed Buisness No. 7232
EXHIBIT "A"
DRAWN CHECKED DATE SCALE DRAWING NUMBER I SHEET
ALLEY ABANBONMENT Tom CJL 070CT13 1 1 " =30 13 -277 1 1 OF 3
10'
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10.00'
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LOT 28
OVERHEAR WIRES
LOT 27
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LOT 26
UTILITY POLE
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31'49 "E LOT 25
10.00' -4
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C 15
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C?
30.00'
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SURVEYORS NOTES:
1. THE BASIS OF BEARINGS IS S86'31'49 "W RELATIVE TO THE CENTERLINE OF AVENUE H.
2. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1 " =30' OR SMALLER.
3. ADDITIONS OR DELETIONS TO THIS SKETCH BY ANYONE OTHER THAN THE SIGNING PART)
ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE THE SIGNING PARTY.
4. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, MAP OR PLAT IS NOT VALID AND FOR
INFORMATIONAL PURPOSES ONLY.
5. THERE MAY BE ADDITIONAL EASEMENTS AND/OR RESTRICTIONS NOT SHOWN HEREON
THAT BENIFIT OR ENCUMBER THE LAND SHOWN HEREON.
6. THIS IS NOT A SURVEY.
CERTIFICATE OF SURVEYOR: LEGAL DESCRIPTION
THAT PORTION OF THE 10 FOOT WIDE ALLEY LYING WEST OF
I HEREBY CERTIFY THAT THIS SKETCH AND AND ADJACENT TO THE FOLLOWING DESCRIBED PROPERTY:
DESCRIPTION WERE MADE UNDER MY RESPONSIBLE
CHARGE AND MEETS THE APPLICABLE MINIMUM LOTS 26,27 AND 28, BLOCK 27, DEL RATON PARK, ACCORDING
TECHNICAL STANDARDS FOR SURVEYS AS SET TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE
FORTH BY THE FLORIDA BOARD OF LAND 9 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SURVEYORS IN CHAPTER 5J -17, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION CONTAINING 750 SQUARE FEET, MORE OR LESS.
472.027, FLORIDA S.T TE TATUTES.
THOMAS E. WHIDDEN
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATION NUMBER 6225
Whidden Surveying & Mapping, Inc.
9200 Belvedere Road, Ste 114
Royal Palm Beach, FL 33411
Phone: 561.790.5515
Fax: 561.790.6557
www.whiddensurveying.com
Licensed Buisness No. 7232
EXHIBIT "A"
DRAWN CHECKED DATE SCALE DRAWING NUMBER I SHEET
ALLEY ABANBONMENT Tom CJL 070CT13 1 1 " =30 13 -277 1 1 OF 3
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LOT 24
LOT 23
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LOT 22
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ALLEY
ABANDONMENT
DRAWN CHECKED
Tam CJL.
DATE
07 ATE
SCALE
DRAWING NUMBER SHEET
N/A
i3 -277
3 OF 3
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH STAFF REPORT
MEETKNGDATE: Dece00bell-16,2013
ITEM: V.A. Abandonment of75feet ofo1O foot wide alley hg lying west of and
adjacent tOthe property located @t2S10 Frederick Boulevard. The alley hQht-
iS located within Block 27, Oa\ Raton Park' as recorded in P(81 Book 14, Page 9 of
the Public Records of Palm Beach County Florida |
GENERAL DATA:
| Applicant ............ ....... ----... Royal Building Group, LLC
Property Owners Adjacent tn Royal Building Group, LLC UEnyU
Alley Being Abandoned ............. Fischer Inv Inc. (West)
| Agent .......................................... H. Burton Smith, PE
Lnnaton-----------'
1O feet wide bv75 feet long
located west cf and adjacent tn
Lots 2Othmu 28, Block 27, Del
Raton Park.
Property Size .... ........ ................ O.017 acres (75Osq. ft]
Future Land Use Map ................. K8O (Medium Density Residential
5-12 du/ac)
Current Zoning ............. .............. RW1 (Multiple F@rnik/
Residential —Mediurn
Adjacent Zoning ................ North, RK8 (Multiple Family Residential
| —Medium
East- RK8 (Multiple Family Residential
—Mediurn Density)
South- RK8 (k8UUUDke Family R8Sid8nd@|
— Medium Density)
West- PC (Planned Commercial)
ExiatngLandUne— -- ----. Unimproved alley right-of-way
Pr000aadLandUae ------' Multiple-Family Residential
ITEM. BEFbRE THE BOARD
The item before the Board is that of making a recommendation to the City Commission on the
proposed abandonment of the alley right -of -way located west of and adjacent to the
undeveloped property at 2910 Frederick Boulevard, which is owned by the applicant.
This right -of -way abandonment is being processed pursuant to LDR Section 2.4.6(M),
Abandonment of Rights -of -Way.
BAGKGIROUNa
The alley right -of -way was dedicated by the plat of Del Raton Park, which was recorded in Plat
Book 14, Page 9 of the Public Records of Palm Beach County, Florida. The proposed
abandonment area is west of and adjacent to Lots 26, 27 and 28, Block 27 of the Subdivision.
The owner of the undeveloped property at 2910 Frederick Boulevard has requested the
abandonment as a precursor to development of the property. The applicant and the owner of
the adjacent property to the west will each get one -half of the abandoned area. Since the rear
setback will be measured from the new property line at the centerline of the abandoned area,
the abandonment will increase the developable area of the applicant's property.
While the alley does not contain any water or sewer lines, it does contain FPL lines servicing the
adjacent properties. To accommodate the existing utilities, the Abandonment Resolution will
retain a general utility easement over the entire abandoned area.
ABANDONMENT DESCRIPTION
The subject alley right -of -way to be abandoned is 10 feet wide by 75 feet long.
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 the plat of Del Raton Park
and the owners of the adjacent properties to the east and west are entitled to the abandoned
area. It is noted that the portion of the platted alley right -of -way south of the applicant's property
was abandoned by Palm Beach County in 1977 (Resolution No. R -77 -193). The portion of the
alley right -of -way north of the applicant's property is not being abandoned.
The City's Environmental Services Department (ESD) reviewed the request and had no
objection to the abandonment, provided a general utility easement is retained over the entire
abandoned area to accommodate other Utility Companies which may have facilities in the alley.
Letters were sent to the utility providers to determine if there were any objections to the
abandonment. Florida Public Utilities responded that it had no objection to the abandonment.
FP &L stated that a 10' utility easement would be required to accommodate its overhead and
facilities within the alley. While no response was received from AT &T or Comcast, any facilities
that they may have within the alley will be accommodated within a general utility easement
being retained over the entire abandoned area.
Planning and Zoning Board Meeting of December 16.2O13
Abandonment of Alley Right-of-Way adjacent to20iO Frederick Boulevard
Page
REQUIRED FINDIH 6S
Pursuant to LOR Section 2.4.6/K8\(5), prior to any nQ abandonment being approved,
the following findings must be made:
A) That there imnot, nor will there be a need for the use mfthe rig for any public
purpose.
Since the oikev right-of-way is unpaved, and the City has no plans to pave it. access to
odiomant properties will not be affected by its abandonment. With access unaffected and
existing utilities accommodated in a retained geD8[3| utility eaSer0eDt, there will be no
further public purpose for the existing right-of-way. Therefore, o positive finding can he
made.
B) That the abandonment does not, nor will not, prevent access to a lot of record.
As stated obove, the a|kav in unpaved and does not provide aooaae to the adioman1
properties. Access hothese properties iS taken from adjacent roadways. Since access will
not be prevented, 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.
The existing alley does not provide aonnaa to adjacent properties and o general utility
easement will be retained over the entire @b8DdODSd area to 8CSO[DDl0d8t8 existing utilities.
Therefone, the abandonment will not result in detriment tothe provision of access or utility
services, and o positive finding can be Dl@d8.
REVIEW BY OT14ERS
The property is not located in on area requiring review by the Connnnunhv Redevelopment
Agency (CRA)Or the Downtown Development Authority (DDA).
Courtesy Notices:
Courtesy notices have been provided to the following groups and neighborhood associations:
~
Delray Citizen's Coalition
^
Tropic Isles
~
Tropic Harbor
°
Tropic Boy
Fonno| public notice has been provided to property 0VvDerS within 8 500' [8diUS of the SUhieCt
property. Aaof this date, the Planning Department has not received any letters of opposition to
the abandonment. Any future letters of objection or Support will be provided at the Planning and
Zoning Board meeting.
If abandoned, the public 8|kev will become private property vvhidl will allow the owner of the
adjacent property to the east to increase the developable area of the site. While the existing
Planning and Zoning Board Meeting of December 1S.2013
Abandonment of Alley Righ adjacent ho201O Frederick Boulevard
Page
unimproved alley i within Block 27 of the Del Ration Park plat does not provide
access, it does CDOtGD utilities serving the surrounding properties. Agenana| utility easement
will be retained over the entire abandoned area to 8CC0rnrnndaba the existing utilities in the
alley. Since Access is not being affected and the existing utilities will be accommodated in the
retained easement, there is no further public purpose for the existing right-of-way. Therefore, a
positive finding can be made with respect to LDR Section 2.4.8(K8)(5). and the request can be
supported.
1. Continue with direction.
2. Move a recommendation of approval of the request for the abandonment Of8 portion nfthe
north-south alley right-of-way located within Block 27 of the Del Raton Park Plat, by
adopting the findings of fact and |@vv Contained in the Staff report, and finding that the
request and 8ppnOV8| thereof is consistent with the Comprehensive Plan and meets criteria
set forth in Section 2.4.6(yN)(5) of the Land Development Regulations.
3. Move G recommendation of denial of the request for abandonment of portion of the north-
south alley right-of-way located within Block 27 of the Del H|8t0n Park Plat, by adopting the
-findings of f8C1 and |ovv contained in the staff report, and finding that the request and
approval thereof is not consistent with the Connpneh8DSiV8 P|2D and that the required
findinQoofLOR Section 3.4.0(K8)/5\ cannot bemade.
RECOMMENDED ACTION
Move a recommendation of approval of the request for the abandonment of a 75 foot portion of
the 10 foot wide north-south alley right-of-way located within Block 27 Of the [}8| Raton Pork
P|at, by adopting the findings of fact and |8xv 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 2.4.8/K8\/5\ of the Land Development Re8u|81iOOS:
Attachments:
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Location Map
` A*ho|
Abandonment Resolution
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-- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1443_Del Raton Park Alleyway Abandonment
N BLOCK 27
ABANDONMENT
� AREA ALLEYWAY
PLANNING AND ZONING
ABANDONMENT
DEPARTMENT
DEL RATON PARK
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