Res 84-05
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RESOLUTION NO. 84-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT-
OF-WAY (ROW) LYING ADJACENT TO LOT 2 AND A
PORTION OF LOT 3, DELRAY BEACH ESTATES, LOCATED
APPROXIMATELY 1,760 FEET SOUTH OF GULF STREAM
BOULEVARD, AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of Dixie Highway Right-of-Way (ROW), lying adjacent to Lot 2 and a
portion of Lot 3, Plat of Delray Beach Estates (plat Book 21, Page 13), as more particularly
described herein; and
WHEREAS, said application for abandonment of a public 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; 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 October 17,
2005, and voted 7-0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(M)(5); and
WHEREAS, the City Commission of the City of DeIray 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 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:
reference.
Section 1.
The foregoing recitals are hereby incorporated herein by this
Section 2. That pursuant to Chapter 177.101 (5) and Chapter 166 of the Florida
Starutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all
right and interest it holds to the following real property for right-of-way purposes only, as more
particularly described as follows:
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See Exhibit "A"
\.. \ . PASSED AND ADOPTED In regular
\~,2005.
seSSIon
on this the I~day of
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ATTEST:
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City Clerk
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Resolution No. 84-05
Exhibit "A"
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SUBJECT:
DAVI~~D ,
PAUL b~~L1NG' ECT OF PLANNING AND ZONING
NGUYE ~ lOR LANNER
MEETI G OF NOVEMBER 15, 2005 ***CONSENT AGENDA***
ABANDONMENT OF A PORTION OF DIXIE HIGHWAY RIGHT-OF-WAY,
DIRECTLY ADJACENT TO LOT 2 AND A PORTION OF LOT 3 OF THE PLAT
OF DELRAY BEACH ESTATES, APPROXIMATELY 1,760 FEET SOUTH OF
GULF STREAM BOULEVARD.
The request involves abandoning a 20' by 162' reclangular shaped parcel, containing 3,240 square feet
(0.074 acre). The parcel represents the east 20' of the 80' Dixie Highway right-of-way, which abuts Lot
2 and a portion of Lot 3 of Delray Beach Estates. The proposed abandonment will reduce the Dixie
Highway right-of-way to 60 feet, which is the standard width for a local road and is consistent with
previous abandonments. Currently, the subject area is vacant and the City does not intend to improve
this portion of Dixie Highway right-of-way beyond 60 feet. The abandonment request was submitted by
the owner of Lots 2 & 3, Porten Russell II, LLC. A portion of Dixie Highway adjacent to Lot 4 was
previously abandoned in association with Wealherspoon Carwash development. Lots 2, 3 and 4, of
Delray Beach Estates are being replatted as North Federal Highway Replat concurrent with this
abandonment request.
The City's Environmental Services Department (ESD) has identified a sanitary sewer line located within
the subject area. ESD has no objection to the abandonment request as long as a 12' wide utility
easement is provided centered over the existing main. The City's Fire Department has reviewed the
request and has no objection to the abandonment. Florida Power and Light, Florida Public Utilities
Company, BellSouth and Adelphia Cable have also reviewed the requested abandonment and have no
objection. Additional background and a complete analysis of the request are found in the attached
Planning and Zoning Board report.
On October 17, 2005, the item was considered by the Planning and Zoning Board. Chairman Krall
opened the public hearing and no one from the public spoke. The Board voted 7-0 to recommend
approval, subject to the following condition: That a 12' wide utility easement centered over the existing
Sanitary Sewer main be provided either on the proposed plat of North Federal Highway Replat or by
retaining this easement within the Abandonment Resolution. A 12' wide utility easement has been
provided on the proposed North Federal Highway Replat.
Approve the request for the abandonment of the eastern 20' of Dixie Highway lying west of and
adjacent to Lot 2 and Lot 3 of Delray Beach Estates (less the north 40 feet thereof) 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 City's Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the
City's Land Development Regulations.
Attachments: Location Map, Abandonment ResoluUon. P&Z Staff Report of October 17, 2005
S;\Planning & Zonlng\BOARDS\CIlY COMMISSION\Dixie Hwy Abandonmenl-N Federal Hwy Replal.doc
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-PROPOSEDABANDONMENT-
CITY Of DELRAY BEACH, F'L
PLANNING &: ZONING DEPARTMENT
THE EAST 20' OF DIXIE HIGHWAY RIGHT-OF-WAY ADJACENT TO
LOT 2 AND LOT 3 (LESS NORTH 40.), DELRAY BEACH ESTATES (PB21, PG13)
-- DIGITAL BASE MAP SYSTEM --
MAP REF: Lt.l866
RESOLUTION NO. 84-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT-
OF-WAY (ROW) LYING ADJACENT TO LOT 2 AND A
PORTION OF LOT 3, DELRAYBEACH ESTATES, LOCATED
APPROXIMATELY 1,760 FEET SOUTH OF GULF STREAM
BOULEVARD, AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of Dixie Highway Right-of-Way (ROW), lying adjacent to Lot 2 and a
portion of Lot 3, Plat of Delray Beach Estates (plat Book 21, Page 13), as more particularly
described herein; and
WHEREAS, said application for abandonment of a public 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; 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 October 17,
2005, and voted 7-0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(M)(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 right-of-way, based upon
positive fmdings 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.
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
Starutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all
right and interest it holds to the following real property for right-of-way purposes only, as more
particularly described as follows:
See Exhibit "A"
ATTEST:
PASSED AND ADOPTED m regular seSS10n on this the _ day of
.2005.
MAYOR
City Clerk
2
Resolution No. 84-05
Exhibit "A"
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PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
October 17, 2005
IV.G.
Abandonment of the East 20 feet of Old Dixie Highway Right-of-
Way, Lying Adjacent to Lot 2 and a Portion of Lot 3, Delray Beach
Estates, approximately 1,760 feet south of Gulf Stream Boulevard.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner.................................. General Public
AgentlApplicant.................... Porten Russell II, LLC
clo Lennie Smith
Location............................... East 20 ft. of Old Dixie
Highway Right-of-Way
Adjacent to Lot 2 and a
portion of Lot 3, Delray Beach
Estates.
Property Size........................ 0.074 Acre
Existing FLUM Designation.. GC (General Commercial)
Current Zoning..................... GC (General Commercial)
Adjacent Zonings........North: GC (General Commercial)
East: GC (General Commercial)
South: GC (General Commercial)
West: R-1-A (Single Family
Residential)
Existing Land Use................ Unimproved right-of-way.
Proposed Land Use............. Aggregation into adjacent lots
to be platted for a future
development.
Water Service...................... nla with this request.
Sewer Service...................... nla with this request.
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IV.G.
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a portion of the Dixie Highway
right-of-way, directly adjacent to Lot 2 and a portion of Lot 3 of the Plat of Delray
Beach Estates, approximately 1,760 feet south of Gulf Stream Boulevard.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(M), Abandonment of Rights-of-Way.
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The subject parcel is located on the east side of Dixie Highway, approximately
1,760 feet south of Gulf Stream Boulevard. This portion of Dixie Highway was
dedicated with the recordation of the Plat of Delray Beach Estates (Plat Book 21,
Page 13, of the Public Records of Palm Beach County, Florida), in July of 1946.
Presently, the proposed abandonment area is vacant and is not being used for
access.
Dixie Highway right-of-way from Gulf Stream Boulevard, south to the north line of
parcel 708 (H & H Carpet Site) measures 80 feet in width with the exception of
Lot 18 (Jennings Commercial Building), Lots 6, 7 & 8 (Delray Cycle), Lots 13 &
14 (Tri-Ed Properties), Lot 5.1 (2300 Dixie Highway) and Lot 4 (Weatherspoon
Carwash), which due to prior abandonments have been reduced to 60 feet in
width.
If the subject area is abandoned, the Dixie Highway right-of-way will be reduced
to 60 feet, which is the standard width for a local road and consistent with
previous abandonments.
The subject area is a 20' by 162' rectangular shaped parcel, containing 3,240
square feet (0.074 acre). The parcel represents the east 20' of the 80' Dixie
Highway right-of-way, which abuts Lot 2 and a portion of Lot 3 of Delray Beach
Estates.
The abandonment request was submitted by the owner of Lots 2 & 3, Porten
Russell II, LLC. Lots 2, 3 and 4, of Delray Beach Estates are currently being
replatted as North Federal Highway Replat. Lots 2 and 3 are presently vacant
and Lot 4 contains two vacant 1-story buildings and paved parking areas. Lot 4
was part of a land exchange between Weatherspoon Connection, Inc. and
Porten Russell, LLC to relocate Pineapple Grove Carwash (formerly located at
the northwest corner of N.E. 2nd Street and Pineapple Grove Way) to this site in
order to accommodate a mixed use development named City Walk. The North
Federal Highway Replat is a proposed 2-lot subdivision separated by a 60' wide
dedicated "cut-through" road between Federal Highway and Dixie Highway. The
Planning and Zoning Board Staff Report
Dixie Highway Abandonment-Lots 2 & 3. Delray Beach Estates
Page 2
northern lot will contain the relocated Weatherspoon Carwash facility and the
southern lot will be platted for a future development. As previously mentioned,
the portion of Dixie Highway adjacent to Lot 4 was previously abandoned in
association with Weatherspoon Carwash. The owner intends to aggregate the
abandonment area with the proposed southern lot of the plat of North Federal
Highway Replat.
Pursuant to LDR Section 2.4.6(M)(1), public right-of-way may be abandoned
(returned) to the adjacent property to the same degree in which it was originally
obtained (Le. 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 entire abandonment area, as it was
dedicated entirely from Lot 2 and Lot 3 (less the north 40 feet), Plat of Delray
Beach Estates.
The current right"of-way width for Federal Highway adjacent to these properties
on the east is 100 feet. Since the ultimate width for Federal Highway is 120 feet,
there is a need for right-of-way dedication of 10 feet for property owners on both
sides of the roadway. Accordingly, a dedication of 10 feet along Federal
Highway has been shown on the proposed plat.
Utilitv Services
The City's Environmental Services Department has identified a sanitary sewer
line located within the subject area. Environmental Services has no objection to
the abandonment, if a 12' wide utility easement is provided centered over the
affected area. The granting of said easement is a condition of approval for this
abandonment.
The City's Fire Department has reviewed the request and has no objection to the
abandonment. Florida Power and Light, Florida Public Utilities Company,
BellSouth and Adelphia Cable have also reviewed the requested abandonment
and have no objection.
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 Staff Report
Dixie Highway Abandonment-Lots 2 & 3, Delray Beach Estates
Page 3
The proposed abandonment will reduce the Dixie Highway right-of-way to 60
feet, which is the standard width for a local road and consistent with prior and
proposed adjacent abandonments. The City does not intend to improve this
right-of-way beyond 60 feet for any public purpose.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
As the subject parcel only abuts Lot 2 and a portion of Lot 3 of Delray Beach
Estates, which are owned by the applicant, this abandonment will not prevent
access to any adjacent parcels.
C) That the abandonment will not result in a detriment to the provision of
access and/or utility services to adjacent properties or the general area.
All utilities currently located in the subject area will remain as they exist. As a
condition of approval, a 12' wide utility easement, centered over the Sanitary
Sewer main, will be provided for maintenance and improvement purposes.
As previously stated, access will not be affected by this abandonment.
The development proposal is within the geographical area requiring review by the
CRA (Community Redevelopment Agency). The CRA considered this
abandonment at its October 5, 2005 meeting, and recommended approval.
The development proposal is not within a geographical area requiring review by
the HPB (Historic Preservation Board), or the DDA (Downtown Development
Authority).
Courtesv Notices:
Courtesy notices have been provided to the following:
~ Seacrest Homeowners Association
~ La Hacienda Homeowners Association
~ PROD & Presidents Council
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 subject right-of-way is unimproved, and there are no plans for its
improvement, its intended use is limited. In addition, this abandonment would
Planning and Zoning Board Staff Report
Dixie Highway Abandonment-Lots 2 & 3, Delray Beach Estates
Page 4
not impair the provision of utility services or access to adjacent lots. The purpose
of the abandonment is to incorporate the vacated area with the adjacent parcel to
the east to be platted for a future development. The creation of a utility
easement over the affected area will accommodate all future utility needs.
.
1. Continue with direction.
2. Move approval of the request for the abandonment of the eastern 20' of Dixie
Highway lying west of and adjacent to Lot 2 and Lot 3 of Delray Beach
Estates (less the north 40 feet thereof) 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 LOR's with conditions.
3. Move denial of the request for abandonment 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 does not
meet criteria set forth in Section 2.4.6(M)(5) of the LOR's.
Move approval of the request for the abandonment of the eastern 20' of Dixie
Highway lying west of and adjacent to Lot 2 and Lot 3 of Delray Beach Estates
(less the north 40 feet thereof) 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 LOR's with the following condition:
1. That a 12' wide utility easement centered over the existing Sanitary Sewer
main be provided either on the proposed plat of North Federal Highway
Replat or by retaining this easement within the Abandonment Resolution.
Attachments:
. Location Map
. Reduced Site Survey
S:\Planning & ZoningIBOARDS\P&Z BOARDIDixie Highway Abnd-Lo12 & 3 Delray Beach Esldoc