Res 64-14 I
RESOLUTION NO. 64-14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE
RIGHT-0F WAY, LYING AT THE EAST END OF MARTY FLADELL
DRIVE BETWEEN NW 18TH AVENUE AND THE C.S.X. RAILROAD
RIGHT-OF-WAY, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING A REVERTER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of the
right-of-way located at the east end of Marty Fladell Drive, between NW 18th Avenue and the C.S.X.
Railroad right-of-way, as more particularly described herein; and
WHEREAS, said 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 November 17, 2014, 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, 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 road 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. 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 real property as more particularly described as follows:
1
Res 64-14
i
The North 15 feet of Lot 3 of the Plat of Owens Commercial Subdivision as recorded in Plat Book 74
Page 130 of the Public Records of Palm Beach County, Florida also known as the North 15 feet of the
East 94.84 feet of the West 114.84 feet of Tract 34 of the Plat of Model Land Company's Subdivision
recorded in Plat Book 6 Page 51 of the Public Records of Palm Beach County, Florida.
And
The South 15 feet of the East 94.84 feet of the West 114.84 feet of Tract 31 of the Plat of Model Land
Company's Subdivision recorded in Plat Book 6 Page 51 of the Public Records of Palm Beach. County,
Florida.
Containing 2,845.2 square feet,more or less.
PASSED AND ADOPTED in regular session on this the 9b day of December, 2014.
i
MAYOR
ATTEST:
City Clerl,�
2
Res 6414
Coversheet Page I of 2
r
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Planning and Zoning Department
THROUGH: Terry Stewart, Interim City Manager
DATE: November 21 , 2014
SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF DECEMBER 9. 2014
RESOLUTION NO. 64-14/JTS WOODWORKING ROAD EASEMENT ABANDONMENT
BACKGROUND
The proposed abandonment consists of a portion of the road right-of-way that was dedicated
by the plat of the Model Land Company's Subdivision of the North Half and Part of the South
Half of Section 18, Township 46 South, Range 43 East (PB 6, PG 51) as recorded on May 4,
1916. The area to be abandoned measures 30 feet wide by approximately 95 feet long and is
located at the eastern end of Marty Fladell Drive, east of NW 18th Avenue.
The right-of-way does not contain any existing utilities, is unimproved, and does not provide
access to the adjacent properties.
FINANCIAL DEPARTMENT REVIEW
N/A
DISCUSSION
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 road right-of way was dedicated from a single plat with the
dividing line located at the centerline of the right-of-way. This right-of-way once provided
access to Lots 31 , 32, 33, 34 and 35 of the Model Land Company's Subdivision of Section 18.
As new developments emerged and new roadways were constructed, this section of roadway
became obsolete and not utilized. In November of 1994, the southern half of this portion of
road right-of-way was replatted and incorporated as Lot 3 of the Owen's Commercial
http://agendas.mydelraybeach.com/Bluesheet.aspx"ltemID=8648&MeetingID=540 12/11/2014
Coversheet Page 2 of 2
Subdivision Plat. Since this right-of-way was never abandoned, it was carried over onto this
plat and shown as a 15' wide road easement. With the abandonment of this right-of-way, the
property shall be divided along the centerline and returned equally to the abutting parcels. As
previously mentioned, the southern half (15 feet) of this right-of-way has already been
incorporated into Lot 3 of the Owen's Commercial Subdivision Plat. The northern half (15 feet)
of this property will be returned to the adjacent property owner located at 101 NW 18th Avenue
(a portion of Lot 31 of the Model Land Company's Subdivision of Section 18).
The right-of-way dead-ends into the C.S.X. Railroad right-of-way on the east. The City has no
plans to pave this portion of right-of-way and the right-of-way is not needed for access to the
surrounding properties.
The City's Environmental Services Department (ESD) has reviewed the request and has no
objections with the abandonment since no water or sewer mains were located within the
abandonment area. The utility companies (Florida Public Utilities, AT&T, Comcast and FP&L)
have been notified and also have no objection to the abandonment since no utilities have been
located within the abandonment area.
The provision of utilities will not be affected in this area and there is no further public purpose
for the existing right-of-way. Therefore, a positive finding can be made with respect to LDR
Section 2.4.6(M)(5) and the request can be supported. With the abandonment, the property
within the right-of-way will be included within the adjacent lots and returned to private
ownership.
REVIEW BY OTHERS
On November 17, 2014, the abandonment was reviewed by the Planning and Zoning Board
and the Board recommended approval (6-0). A full analysis of the proposed abandonment,
including the required findings, is provided in the attached Planning and Zoning Board staff
report.
RECOMMENDATION
By motion, approve Resolution No. 64-14 to abandon a portion of the road right-of-way located
at the eastern end of Marty Fladell Drive, east of NW 18th Avenue as described therein, 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://agendas.mydelraybeach.com/Bluesheet.aspx"ltemID=8648&MeetingID=540 12/11/2014
RESOLUTION NO.64-14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE
RIGHT-OF-WAY, LYING AT THE EAST END OF MARTY FLADELL
DRIVE BETWEEN NW 18TH AVENUE AND THE C.S.X. RAILROAD
RIGHT-OF-WAY, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING A REVERTER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS,the City of Delray Beach,Florida,received an application for abandonment of the
right of way located at the east end of Marty Fladell Drive, between NW 18th Avenue and the C.S.X.
Railroad right-of-way,as more particularly described herein;and
WHEREAS, said 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 November 17, 2014, 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, 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 road 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.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 real property as more particularly described as follows:
1
Res 64-14
The North 15 feet of Lot 3 of the Plat of Owens Commercial Subdivision as recorded in Plat Book 74
Page 130 of the Public Records of Palm Beach County,Florida also known as the North 15 feet of the
East 94.84 feet of the West 114.84 feet of Tract 34 of the Plat of Model Land Company's Subdivision
recorded in Plat Book 6 Page 51 of the Public Records of Palm Beach County,Florida.
And
The South 15 feet of the East 94.84 feet of the West 114.84 feet of Tract 31 of the Plat of Model Land
Company's Subdivision recorded in Plat Book 6 Page 51 of the Public Records of Palm Beach County,
Florida.
Containing 2,845.2 square feet,more or less.
PASSED AND ADOPTED in regular session on this the 9'day of December,2014.
MAYOR
ATTEST:
City Clerk
2
Res 64-14
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Page 1 of 1
"�""'` Gary R. Nikolits,CFA Homestead Exemption
klt, Property Appraiser
,. * Palm Beach County r�
Location Address 71 NW 18TH AVE
Municipality DELRAY BEACH
Parcel Control Number 12-43-46-18-46-000-0030
Subdivision OWENS COMMERCIAL SUB
Official Records Book 11597 Page 791
Sale Date FEB-2000
Legal Description OWENS COMMERCIAL SUB LT 3
Mailing address
Owners 75 NW 18TH AVE
FEEHAN MARKS DELRAY BEACH FL 33444 1687
Sales Date Price OR Book/Page Sale Type Owner
FEB-2000 $427,500 11597 0791 WARRANTY DEED FEEHAN MARK S
No Exemption Information Available.
Number of Units 0 -Total Square Feet 11082 Acres 0.6233
Use Code 4800 -WAREHIDIST Zoning MIC- Mixed Industrial &Commercial ( 12-DELRAY
TERM BEACH )
Tax Year 2014 P 2013 2012
Improvement Value $269,021 $256,702 $249,474
Land Value $297,700 $291,676 $291,676
Total Market Value $566,721 $548,378 $541,150
P All values are as of January 1st each year
Preliminary
Tax Year 2014 P 2013 2012
Assessed Value $566,721 $548,378 $541,150
Exemption Amount $0 $0 $0
Taxable Value $566,721 $548,378 $541,150
Tax Year 2014 P 2013 2012
Ad Valorem $12,592 $12,232 $12,385
Non Ad Valorem $2,621 $2,632 $2,632
Total tax $15,213 $14,864 $15,017
http:/lwww.co.palm-beach.fl.us/papa/Asps/PropertyDetaiUPropertyDetail.aspx?parcel=12... 10/27/2014
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9
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: November 17, 2014
ITEM: 71 NW 18th Avenue — Abandonment of a thirty-foot (30') wide Road Easement
located along the north portion of the property at 71 NW 18th Avenue (SE corner of
NW 18th Avenue and Marty Fladell Drive).
GENERAL DATA:
Applicant.................................... Mark Feehan
Agent.......................................... Troy Ammons _
Location...................................... SE corner of NW 18th Avenue _
and and Marty Fladell Drive (71 NW 18th
Avenue) `
Property Size.............................. 0.62 Acres w NX
Future Land Use Map................ CMR (Commerce) m �-
Z
Current Zoning............................ MIC (Mixed Industrial and 7
Commercial) a
Adjacent Zoning................North: MIC (Mixed Industrial and Commercial)
East: MIC (Mixed Industrial and Commercial)
South: MIC (Mixed Industrial and Commercial) MARTY DEu DRIVE
West: MIC (Mixed Industrial and Commercial)
Existing Land Use...................... Cabinet Manufacturing and Storage
Building €
Proposed Land Use.................... Cabinet Manufacturing and Storage }
Building
Water Service............................. Connection is available via an A V E N U E
existing 8" water main, located within N�
NW 18th Avenue r-o-w. A fire hydrant P
is located on the west side of NW
18th Avenue. "
Sewer Service............................. Connection available via an existing
8" sewer main, located along NW
18th Avenue r-o-w.
w
DR ANDRES WAY
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ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission on the
proposed abandonment of a portion of right-of-way located at the eastern end of Marty Fladell
Drive, east of NW 18th Avenue.
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(M),
Abandonment of Rights-of-Way.
BACKGROUND
This portion of the road right-of-way was dedicated by the plat of the Model Land Company's
Subdivision of the North Half and Part of the South Half of Section 18, Township 46 South, Range
43 East (PB 6, PG 51) as recorded on May 4, 1916. The area to be abandoned measures 30 feet
wide by approximately 95 feet long.
This portion of right-of-way does not contain any existing utilities and does not provide access to
any adjacent properties; therefore, no easement will be retained with this abandonment.
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 mentioned previously, the subject right-of way was originally dedicated as a 30' wide road
easement on the Plat of the Model Land Company's Subdivision of the North Half and Part of the
South Half of Section 18. This 30' wide road easement once provided access to Lots 31, 32, 33,
34 and 35 of the Model Land Company's Subdivision of Section 18. As new developments
emerged and new roadways were constructed, this section of the 30' wide road easement became
obsolete and not utilized. In November of 1994, the southern half of this portion of road right-of-
way was replatted and incorporated as Lot 3 of the Owen's Commercial Subdivision Plat. Since
this right-of-way was never abandoned, it was carried over onto the subject lot and shown as a 15'
wide road easement which only exists on "paper'. Six (6) parking spaces have been constructed
over this portion of road right-of-way within the Owen's Commercial Subdivision Plat. In addition,
the centerline of this 30' wide road right-of-way has now become the northern plat boundary line for
the Owen's Commercial Subdivision Plat. With the abandonment of this right-of-way, the property
shall be divided along the centerline and returned equally to the abutting parcels. As previously
mentioned, the southern half (15 feet) of this right-of-way has already been incorporated into Lot 3
of the Owen's Commercial Subdivision Plat. The northern half (15 feet) of this property will be
returned to the current property owner located at 101 NW 18th Avenue.
The City's Environmental Services Department (ESD) has reviewed the request and has no issues
with the abandonment since water or sewer mains have not been located within the abandonment
area. All utility providers have been notified of the abandonment request and Florida Power and
Light and AT&T indicated that they do not have any facilities within the abandonment area;
therefore, they have no objections to the abandonment. It is anticipated that Comcast and Florida
Public Utilities Company will also have no objections; however, a response has not been received
from either provider at the time this report was written. The abandonment will not be finalized until
a response of "No Objection" has been received from Comcast and Florida Public Utilities
Company.
Planning and Zoning Board Meeting of November 17, 2014
Abandonment of a Portion road right-of-way(JTS Woodworking Building)
Page 2
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.
The unimproved road right-of-way does not provide access to any adjacent properties. The
property located on the north side of the right-of-way (101 NW 18th Avenue) takes access from
NW 18th Avenue as does Lot 3 of the Owen's Commercial Subdivision Plat. In addition, the
eastern terminus of this right-of-way dead-ends into the CSX Railroad Right-of-way. Since no
utilities have been located within the entire abandonment area, there will be no further public
purpose for the existing right-of-way. A positive finding can be made with respect to need.
B) That the abandonment does not, nor will not, prevent access to a lot of record.
As stated above, the unimproved road right-of-way does not provide access to the adjacent
properties which front directly on NW 18th Avenue. Therefore, a positive finding can be made
with respect to access.
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 road right-of-way is unimproved and does not provide access to the adjacent
properties. The southern half of this right-of-way has already been incorporated into an existing
development and asphalt parking has been constructed over this right-of-way. No above or
below ground utilities have been located within this abandonment 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 Citizens Coalition
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property and notice was published in a local newspaper on November 7, 2014. 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 Planning and Zoning Board meeting.
ASSESSMENT
The existing unpaved road right-of-way does not provide access to the adjacent properties and no
utilities were located within the abandonment area. Based on these factors, there is no further
public purpose for the existing right-of-way. Therefore, a positive finding can be made with respect
to LDR Section 2.4.6(M)(5) and the request can be supported.
Planning and Zoning Board Meeting of November 17, 2014
Abandonment of a Portion road right-of-way(JTS Woodworking Building)
Page 3
ALTERNATIVE ACTIONS
1. Continue with direction.
2. Move a recommendation of approval of the request for the abandonment of a portion of the
road right-of-way located at the eastern end of Marty Fladell Drive, east of NW 18th Avenue, 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 a recommendation of denial of the request for the abandonment of a portion of the road
right-of-way located at the eastern end of Marty Fladell Drive, east of NW 18th Avenue, 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 the abandonment of a portion of the road
right-of-way located at the eastern end of Marty Fladell Drive, east of NW 18th Avenue, 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 Photo
Architects Site Plan based on 1915 Plat
Sketch and Legal Description of Abandonment Area
Plat of Model Land Company's Subdivision of Section 18
Plat of Owen's Commercial Subdivision
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Page 1 of 1
"�""'` Gary R. Nikolits,CFA Homestead Exemption
klt, Property Appraiser
,. * Palm Beach County r�
Location Address 71 NW 18TH AVE
Municipality DELRAY BEACH
Parcel Control Number 12-43-46-18-46-000-0030
Subdivision OWENS COMMERCIAL SUB
Official Records Book 11597 Page 791
Sale Date FEB-2000
Legal Description OWENS COMMERCIAL SUB LT 3
Mailing address
Owners 75 NW 18TH AVE
FEEHAN MARKS DELRAY BEACH FL 33444 1687
Sales Date Price OR Book/Page Sale Type Owner
FEB-2000 $427,500 11597 0791 WARRANTY DEED FEEHAN MARK S
No Exemption Information Available.
Number of Units 0 -Total Square Feet 11082 Acres 0.6233
Use Code 4800 -WAREHIDIST Zoning MIC- Mixed Industrial &Commercial ( 12-DELRAY
TERM BEACH )
Tax Year 2014 P 2013 2012
Improvement Value $269,021 $256,702 $249,474
Land Value $297,700 $291,676 $291,676
Total Market Value $566,721 $548,378 $541,150
P All values are as of January 1st each year
Preliminary
Tax Year 2014 P 2013 2012
Assessed Value $566,721 $548,378 $541,150
Exemption Amount $0 $0 $0
Taxable Value $566,721 $548,378 $541,150
Tax Year 2014 P 2013 2012
Ad Valorem $12,592 $12,232 $12,385
Non Ad Valorem $2,621 $2,632 $2,632
Total tax $15,213 $14,864 $15,017
http:/lwww.co.palm-beach.fl.us/papa/Asps/PropertyDetaiUPropertyDetail.aspx?parcel=12... 10/27/2014
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9
Breto, Estelio
Subject: FW: Owner Consent to Plat and abandonment Applications
Fromm: Troy Ammons fmailto:troyammons3Calgmail.com]
Seat: Wednesday, November 19, 2014 5:17 PM
To: Breto, Estelio
Subject: Re: Owner Consent to Plat and abandonment Applications
Estelio,
We are in agreement with the Planning Department Staff recommendation and are fine with the 71 NW 18rh Avenue
Rood Easement Abandonment being placed on Consent Agenda for the City Commission meeting of December 9, 2014.
Thanks,
Troy Ammons
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