Res 21-00RESOLUTION NO. 21-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DF.I.RAY BEACH, FLORIDA, VACATING AND ABANDONING AN
EAST/WEST AIJ.EY RIGHT-OF-WAY LYING WITHIN BLOCK 108,
TOWN OF LINTON (DFJ.RAY BEACH), ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, an application for abandonment of an east/west alley fight-of-way lying within
Block 108, Town of Linton 0Delray Beach), as more particularly described herein, was received by the City
of Delray Beach; and
WHEREAS, the application for abandonment of said alley fight-of-way was processed
pursuant to Section 2.4.6(O), "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(O)(3)(d), the Phnning and Zoning Board, as
Local Planning Agency, formally reviewed the matter at a public hearing on August 16, 1999, and voted to
recommend approval of the abandonment, based upon positive findings pursuant to LDR Section
2.4.6(0)(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 east/west alley fight-of-way, based upon positive
findings pursuant to LDR Section 2.4.6(0)(5).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. 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 fight and interest it
holds to the following real property, more particularly described as follows:
All of that certain Alley as described in Official Record Book 1903, Page 1043,
of the Public Records of Palm Beach County, Florida, lying in Lots 4 and 13,
Block 108, MAP OF THE TOWN OF LINTON (DFJ.RAY BEACH),
according to the Plat thereof recorded in Plat Book 1 at Page 3 of said Public
Records, being more particularly described as follows:
That portion of Lot 4, Block 108, lying South of the North 48 feet thereof,
and that portion of Lot 13, Block 108, lying South of the North 24 feet
thereof, as recorded in Plat Book 1, Page 3 of the Pubhc Records of Palm
Beach County, Florida.
TOGETHER WITH
A portion of that certain sixteen foot (16') alley lying adjacent to Lots 4 and
13, Block 108, MAP OF THE TOWN OF LINTON (DEIJRAY BEACH),
according to the Plat thereof recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County, Florida, being more patticnhrly described as
follows:
BEGINNING at the southwest comer of said Lot 13; thence North 88
degrees 48'4Y' West (assumed bearing), along the westerly extension of the
south line of said Lot 13, a distance of 8.00 feet; thence North 00 degrees
01'27" East, 2.87 feet to a point on the easterly extension of the south line of
said Lot 4; thence North 89 degrees 2Y25" West, along said easterly extension,
8.00 feet to the southeast comer of said Lot 4; thence North 00 degrees 01'27"
East, along the east line of said Lot 4, a distance of 15.58 feet to a point lying
48.00 feet south of the northeast comer of said Lot 4; thence South 88 degrees
33'22" East, 16.00 feet to a point on the west line of said Lot 13, lying 24.00
feet south of the northwest comer of said Lot 13; thence South 00 degrees
01'27" West, along said west line of said Lot 13, a distance of 18.29 feet to the
POINT OF BEGINNING.
The subject property is located approximately 240 feet south of N.E. 1st Street,
between N.E. 5~ Avenue (southbound Federal Highway) and N.E. 6~ Avenue
(northbound Federal Highway), and contains 0.11 acres, more or less.
PASSED AND ADOPTED in regular session on this the 21" day of March, 2000.
ATTEST:
- J City Clerk ~ '
- 2 - Res. No. 21-00
-- I
1ST ST.
ATLANTIC
AVENUE
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- ABANDONMENT-
TOWN SQUARE
;,~:'. 1ST CT
ATLANTIC
PLAZA
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
DAVID T. HARDEN, CITY MANAGER h I/'~v ~~~ ~,
DANIEL J. MARFINO, SENIOR PLANNER-Z~~
MEETING OF MARCH 21, 2000 *CONSENT AGENDA*
ABANDONMENT OF AN EAST-WEST ALLEY LYING WITHIN BLOCK 108,
TOWN OF LINTON (DELRAY) PLAT, LOCATED APPROXIMATELY IN THE
MIDDLE OF BLOCK 108, APPROXlMATLEY 240 FEET SOUTH OF N.E. 1sT
STREET.
BACKGROUND
The request involves abandoning an irregularly shaped alleyway, containing 4,683 square feet
(0.11 acres). The subject alley is actually made up three different parcels (please see map on
first page of attached staff report). Together the three parcels form an east-west alleyway,
providing access between N.E. 5th Avenue and N.E. 6th Avenue. The alley was previously used
as internal circulation for the recently demolished bank. The abandonment request was
submitted by the owner of the former Republic Bank parcel (1.59 acres), who plans to redevelop
the site as a mixed-use project (residential-office), known as Town Square. The applicant
received Site Plan Approval at the Site Plan Review and Appearance Board meeting of October
20, 1999, and Final Plat Approval at the City Commission meeting of March 7, 2000.
The subject right-of-way is currently unimproved, however municipal water & sewer mains, a
natural gas main, and BellSouth facilities are located within the subject area. The utilities will be
relocated at the applicant's expense, to accommodate the proposed development. All issues
concerning existing, proposed and/or relocated utilities have been satisfactorily addressed
through the approved site plan and plat. Additional background and analysis of this request is
provided in the attached Planning & Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION
At its meeting of August 16, 1999, the Planning and Zoning Board considered the request at a
public hearing. There was no public comment concerning the proposed abandonment. After
reviewing the staff report and discussion, the Board voted 6 to 0 to recommend approval, with
the condition that the disposition of all utilities is satisfactorily addressed through the site plan
and platting processes, before proceeding to the City Commission for final approval. Board
member Dan Carter abstained from this vote, as he is the landscape architect for this project.
RECOMMENDED ACTION
By motion, approve the abandonment of right-of-way based upon positive findings with respect
to LDR Section 2.4.6(0)(5).
Attachment:
· Abandonment Resolution
· P & Z Staff Report of August 16, 1999
S:\ P&Z~boards\citycommission\TownSquare-aban.doc
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 16, 1999
V.F.
Abandonment of an East/West Alleyway, Lying Approximately 240 Feet South of N E. 1st
Street, Between N.E. 5'~ Avenue (Southbound Federal Highway) and N E. 6'~ Avenue
(Northbound Federal Highway), in Conjuncbon with the Town Square Development, a
Mixed-Use Project (Residential and Office)
I!'
GENERAL DATA:
Owner/Applicant .......................... 100 North Federal, Inc.
,Agent .............................................. Caw Glickstein
Apphcant ....................................... Ironwood Properties, Inc.
Locadon ........................................ Approximately 240 feet south' of
N.E. 1st Street, between N.E.
5th Avenue (Southbound
Federal Highway) and N.E. 6th
Avenue (Northbound Federal
Highway)
Property Size ................................. 0.095 Acre
Existing Future Land Use Map
Designation .................................... Commercial Core
Current Zoning ............................... Ci3D (Central Business District)
Adjacent Zoning ................... North: CED
East: CED
South: CED
West CED
Existing Land Use .......................... Improved alleyway
Proposed Land Use ...................... Subject alleyway is to be
aggregated into proposed Town
Square mixed-use development
Water Service ................................ Existing on site
Sewer Serv~c ................................. Existing on site
~1 JL I__ ~--'i
N.E. 2ND ST.
N.E. 15T ST. /
h /.11,11,.
ATLANTIC AVENUE
I': :?-' ,~..- ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of an east-west alley lying within
Block 108, Town of Linton (Delray) Plat. The subject alley is located
approximately in the middle of Block 108, 240 feet south of N.E. Ist Street.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
l
The alleyway extends from N.E. 6th Avenue (northbound Federal Hwy.), on the
east, to N.E. 5th Avenue (southbound Federal Hwy.), on the west. The Subject
alley is actually made up of three parcels of land, each with their own legal
description (see inset).
II
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LOT 1~
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Parcel "A" was dedicated with the recordation of the Town of Linton (Deiray) Plat,
dated July 29, 1896 (Plat Book 1, Page 4, of the Public Records of Palm Beach
County, Florida). Parcels "B & C" were dedicated by a Grant of Easement, dated
May 20, 1971 (OR Book 1903, Page 1043, of the Public Records of Palm Beach
County, Florida).
A narrow landscape buffer, consisting of several trees and a 13' Ficus hedge, are
currently located on the southern end of parcels B & C.
Parcel A: This portion of the subject alleyway is an irregularly shaped parcel,
containing approximately 270 sqft. Parcel "A" represents the northern most
portion of the platted north-south alley in Block 108. The Town of Linton Plat
shows the original alley extending north from Parcel "A" to N.E. 1st Street. This
portion was abandoned by Resolution #17-71, dated May 24, 1971.
Planning and Zoning Board Staff Report
Town Square R-O-W Abandonment
Page 2
Parcel B: Parcel "13" is the south 15.58 feet of Lot 4, Block 108, and contains
approximately 1,974 sqft. Parcel "B" is directly adjacent to Parcel "A" to the west.
Parcel C: Parcel "C" is an irregularly shaped parcel, which represents
approximately the south 19 feet of Lot 13, Block 108. This parcel contains
approximately 2,439 sqft., and is directly adjacent to Parcel "A" on the east.
Together, Parcels A, B, & C function as a single alleyway with a straight north
line, and a jagged southern line. All three parcels are paved, and provide ingress
from N.E. 5th Avenue, and ingress/egress from N.E. 6th Avenue, primarily
functioning as part of the internal circulation .pattern of the Republic Bank site.
Parcel "A" also connects to the remainder of the north-south alley, providing
cross access to the parking lot of the Colony Hotel to the south.
The abandonment request was submitted by the owner of the Republic Bank
parcel (1.59 acres), who plans to demolish the existing building and redevelop
the site as a mixed-use project (residential-office), known as Town Square. The
applicant has concurrently submitted for Site Plan Approval, Abandonment of
Easements, and Plat Approval, for the intended project.
Pursuant to LDR Section 2.4.6(O)(1), publio right-of-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.
Accordingly, the Applicant is entitled to the entirety of the subject abandonment,
as they are the fee simple owners of Lots 4 & 13, 131ock 108. Parcel "A", created
through a platted subdivision, is completely adjacent to Lot 4 on the west, and
Lot 13 on the east. Parcel '13" was created entirely from Lot 4, and Parcel "C"
was entirely created from Lot 13.
Improvements in the Alley
As stated previously, a narrow landscape buffer, consisting of several trees and a
13' Ficus hedge, are currently located on the southern end of parcels B & C. In
addition, the landscaping surrounding a dumpster enclosure slightly encroaches
into the northern portion of Parcel "A".
Planning and Zoning Board Staff Report
Town Square R-O-W Abandonment
Page 3 -
Utility Services
No utilities have been identified in Parcels "B" or "C".
A 4" water main and an 8" sanitary sewer line are located in Parcel "A". The
Environmental Services Department has requested that the applicant provide
acceptable alternatives for the provision of these services in the proposed Town
Square development. The relocation of the water & sewer lines is being
addressed in the concurrent site plan and plat application. Satisfactory
disposition of these utilities, via the aforementioned approvals, will be a condition
of approval of this abandonment.
The Florida Public Utilities Company has identified a 4" natural gas main also
running through Parcel "A". The applicant has not addressed the relocation of
this utility to date, nor is it shown on the submitted survey. The applicant will
need to address this issue as part of the site plan & plat submissions.
Satisfactory disposition of this issue will be a condition of approval for this
abandonment. In addition a revised survey, showing the gas line in question, will
be required.
BellSouth has also identified existing utilities in the alley, which were not
identified on the submitted survey. In addition to a revised survey, showing the
utilities in question, the applicant will be required to address the relocation of said
utilities. Satisfactory disposition of this issue will be a condition of approval for
this abandonment.
As of the time of wdting this report, Florida Power & Light has not responded to
our written request for identification of electrical utilities. In order for this
abandonment to move forward, all FPL comments will need to be addressed, if
there are any.
The City's Fire Department has reviewed the request and has no objection to the
abandonment. Adelphia Cable has also reviewed the requested abandonment,
and has no objection.
Pursuant to LDR Section 2.4.6(O)(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.
Currently, water & sewer mains, Florida Public Utilities, and BellSouth
services are located within the subject alleyway. The relocation of these
utilities will be addressed with the associated site plan and plat submissions.
Planning and Zoning Board Staff Report
Town Square R-O-W Abandonment
Page 4
The approval and recordation of the plat will be conditions of approval for this
abandonment.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The subject alley will not prevent access to any adjacent parcel, as all parcels
front on N.E. 5th Avenue or N.E. 6th Avenue, and have or could create
ingress/egress points to these rights-of-way.
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.
All utilities currently located in the subject alley will be relocated so that they
will provide the same or better services to the adjacent lots. This will be a
condition of approval for this abandonment.
According to plans submitted by the applicant, a dumpster enclosure is to be
located on Parcel "A". This enclosure will be accessed from the north-south
alley, located to the south of the property. There will no longer be cross
access between the Colony Hotel and the parcel to the north, and the ability
will no longer exist for use of the alley by the hotel. However, alternative
access to the Federal Highway pairs is available directly from the Colony
Hotel property. Additionally, as the subject alley has been maintained as part
of the Republic Bank site, it has the appearance of a private drive.
The development proposal is within the geographical area requiring review by the
CRA (Community Redevelopment Agency), and the DDA (Downtown
Development Author'r/y). The CRA considered the Town Square mixed-use
development at its July 22nd meeting, and recommended approval. The DDA
also recommended approval after reviewing the development proposal at the
July 21 st meeting.
The development proposal is not within a geographical area requiring review by
the HPB (Historic Preservation Board).
Courtesy Notices:
Courtesy notices have been provided to the following:
Delray Beach Chamber of Commerce
PROD - Progressive Residents of Delray
Planning and Zoning Board Staff Report
Town Square R-O-W Abandonment
Page 5
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.
As the alleyway is improved and is currently functioning as part of the internal
circulation pattern of the existing bank building, the impact of the abandonment
on the Colony Hotel parking lot will be minimal. The purpose of the abandonment
is to incorporate the vacated area with the adjacent parcels to the north in an
overall development plan. Disposition of existing utility services located within
subject area must be resolved before this abandonment can advance to the City
Commission for final approval.
Continue with direction.
Recommend to the City Commission approval of the abandonment subject to
positive findings with respect to LDR Section 2.4.6(0)(5).
Recommend to the City Commission denial of the abandonment based upon
a failure to make positive findings with respect to LDR Section 2.4.6(0)(5).
By motion, recommend to the City Commission approval of the abandonment of
the east-west alley within Block 108, Town of Linton (Delray) Plat, based upon
positive findings with respect to LDR Section 2.4.6(0)(5), subject to the condition
that the disposition of all utilities is satisfactorily addressed through the site plan
and platting processes, before proceeding to the City Commission for final
approval.
LAND DESCRIPTION
PORTION OF 16' ALLEY IN BLOCK 108
MAP OF THE TOWN OF LINTON (DELRAY BEACH)
A portion of that certain 16' alley lying adjacent to Lots 4 and 13, Block 108, MAP OF THE TOWN
OF LINTON (DELRAY BEACH), according to the plat thereof, recorded in Plat Book 1, Page 3 of the
Public Records of Palm Beach County, Florida, being more particularly described as follows:
BEGINNING at the southwest comer of said Lot 13;
THENCE North 88°48'43" West (assumed bearing), along the westerly extention of the south line
of said Lot 13, a distance of 8.00 feet;
THENCE North 00001'27'' East, 2.87 feet to a point on the eastedy extention of the south line of said
Lot 4;
THENCE North 89023' 25" West, along said easterly extention, 8.00 feet to the southeast comer of
said Lot 4;
THENCE North 00°01'27" East, along the east line of said Lot 4, a distance of 15.58 feet to a point
lying 48.00 feet south of the northeast comer of said Lot 4;
THENCE South 88°33' 22" East, 16.00 feet to a point on t~e west line of said Lot 13, lying 24.00 feet
south of the northwest comer of said Lot 13;
THENCE South 00°01'27" West, along said west line of said Lot 13, a distance of 18.29 feet to the
Point of Beginning.
Said lands lying in the City of Delray Beach, Palm Beach County, Florida, containing 261 square feet,
more or less.
Land Description Prepared By:
SHAH, DROTOS & ASSOCIATES
1885 W. Commercial Blvd., Suite 190
Fort Lauderdale, Florida 33309
Prepared by: MDR
Checked by: MDR
Project No.: 99-0471
July 22, 1999
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LAND DESCRIPTION
ALLEY AND UTILITY EASEMENT IN BLOCK 108
MAP OF THE TOWN OF LINTON (DELRAY BEACH)
All of that certain Alley and U*Jiity Easement, as described in Official Records Book 1903, Page 1043
of the Public Records of Palm Beach County, Flodda, lying in Lots 4 and 13, Block 108, MAP OF
THE TOWN OF LINTON (DELRAY BEACH), according to the plat thereof, recorded in Plat Book 1,
Page 3 of said Public Records, being more particularly described as follows:
That portion of Lot 4, Block 108, lying South of the North 48 feet thereof, and that portion of Lot 13,
Block 108, lying South of the North 24 feet thereof, as recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County, Florida.
Said lands lying in the City of Delray Beach, Palm Beach County, Flodda, containing 4,385 square
feet, more or less.
Land Description Prepared By:.
SHAH, DROTOS & ASSOCIATES
1885 W. Commercial Blvd., Suite 190
Fort Lauderdale, Florida 33309
Prepared by: MDR
Checked by:. MDR
Project No.: 99-0471
July 22, 1999
Sheet 1 of 2 Sheets
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