Res 32-00RESOLUTION NO. $2-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DF.I.RAY BEACH, FLORIDA, VACATING AND ABANDONING THE
NORTH/SOUTH .AIJ.EY RIGHT-OF-WAY LYING SOUTH OF S.E. 6TM
STREET WITHIN THE ANDERSON BLOCK SUBDWISION, AS
MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT FOR
PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA
THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, an application for abandonment of the north/south alley right-of-way lying
south of S.E. 6~' Street within the Anderson Block subdivision, as more particularly described herein, was
received by the City of Delray Beach; and
WHEREAS, the application for abandonment of said alley right-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 Planning and Zoning Board, as
Local Planning Agency, formally reviewed the matter at a public hearing on February 28, 2000, and voted 6
to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR
Section 2.4.6(O)(5), and subject to conditions; 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 findings pursuant to
LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over
the entire area thereof, as more particularly described herein, 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, 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 right and interest it
holds to the following real property for alleyway purposes only, but does not abandon and retains and
reserves unto itself a utility easement over the entire area thereof, more particularly described as follows:
ANDERSON BLOCK 16' .~LL~Y TO BE ABANDONED:
A 16.00 foot Alley lying in the Plat of ANDERSON BLOCK, as recorded in
Plat Book 22, Page 45 of the Public Records of Palm Beach County, Florida
(shown as a service lane), being more particularly described as follows:
Bounded on the East by the west line of Lot 5; bounded on the West by the
east line of Lots 1 through 4; bounded on the South by the westerly extension
of the south line of Lot 5; and bounded on the North by the westerly
extension of the north line of Lot 5, all lying in the Pht of ANDERSON
BLOCK, as described, containing 4,893.0 square feet, more or less.
Section 2. That the Delray Beach City Commission hereby retains and reserves unto itself
a utility easement over the entire abandonment area, for the purpose of emergency access and constructing
and/or maintaining, rather 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, more
particularly described as follows:
ANDERSON BLOCK PROPOSED 16' UTILITY EASEMENT:
A 16.00 foot Alley lying in the Plat of ANDERSON BLOCK, as recorded in
Plat Book 22, Page 45 of the Public Records of Palm Beach County, Florida
(shown as a service lane), being more particularly described as follows:
Bounded on the East by the west line of Lot 5; bounded on the West by the
east line of Lots 1 through 4; bounded on the South by the westerly extension
of the south line of Lot 5; and bounded on the North by the westerly
extension of the north line of LOt 5, all lying in the Plat of ANDERSON
BLOCK, as described, containing 4,893.0 square feet, more or less.
PASSED AND ADOPTED in regnlar session on this the 4~ day of April, 2000.
MAYOR
ATTEST:
Z
0
S.E. 6TH STREET
LOT 1 ~
LOT 2 ,~
LOT 3 ,~
LOT 4 ~
(UNIMPROVED)
LOT 5
(VACANT)
(SITE OF' PROPOSED
ABC BARRICADES
INDUSTRIAL BUILDING)
S.E. 7TH STREET (UNIMPROVED)
LEGEND:
SINGLE-FAMILY HO~[ -
LOT NUMBER -
ABC BARRICADES
EXISTING LAND USE MAP
,~ ABANDONM£N'T ARiA -
I' .......
I I
i I
LOT z 1. ....... J
REFERENCE
MAP
CITY O~ D[LRAY B£ACH, FL
PLANNING & ZONING DEPAR'rM£NT
TO:
THRU:
FROM:
SUBJECT:
DAVIDT. HARDEN, CITY MANAGER /~/~, ,. ~ ~_ ~, ,,
DANIEL J. MARFINO, SENIOR PLANNER ~ ~/~<.~/~'""
MEETING OF APRIL 4, 2000 *CONSENT AGENDA*
ABANDONMENT OF THE ALLEYWAY LYING SOUTH OF S.E. 6th STREET
(UNIMPROVED), APPROXIMATELY 150 FEET WEST OF THE FLORIDA EAST
RAILROAD, IN CONJUNCTION WITH THE ABC BARRICADES DEVELOPMENT.
The request involves abandoning a 16' x 305.84' rectangular shaped parcel, containing
approximately 4,893 sqft. (0.11 acres). The subject propertyl represents the entire north-south alley
(labeled "Service Lane"), in the Anderson Block Plat (Plat Book 22, Page 45). The abandonment
request was submitted by the owner of ABC Barricades and Lot 5 (0.91 acres), who will receive the
east half of the abandonment area. The owners of Lots 1 through 4 (all single-family houses) will
receive the west half of the abandonment area, adjacent to their individual lots (please see
Reference Map "A', in the attached staff report).
The applicant received site plan approval to develop a 7,303 sqft. industrial building on Lot 5, at the
SPRAB meeting of January 19, 2000. This abandonment is a condition of that approval.
The subject alleyway is unimproved, however Florida Power & Light, Adelphia Cable, and BellSouth
have identified facilities within the subject area. The applicant has designated the entire
abandonment area as a general utility easement.
At its meeting of February 28, 2000, the Planning and Zoning Board considered the request at a
public hearing. One person, Rose Clark, inquired as to the impacts on her property. Because Ms.
Clark's property is not adjacent to the abandonment area, she would not be impacted. There was no
other public comment. At the meeting there was some uncertainty as to whether or not the utilities
would need to be relocated, and the Board wanted to make sure that the applicant (and not the
adjacent property owners) pay all costs of any relocation. The Board voted 6 to 0 to recommend
approval, subject to condition that the Applicant be responsible for all financial impacts relating to the
improvement of the abandonment area, and that a replacement easement be dedicated to cover
existing utilities. It has since been determined that the utilities will not have to be relocated, and that
the easement will be sufficient for future maintenance. The applicant will work with adjacent property
owners regarding removal of exotic vegetation from the abandonment area.
By motion, approve the abandonment of right-of-way and reserve a general utility easement over the
entire abandonment area to cover the existing utilities based upon positive findings with respect to
LDR Section 2.4.6(0)(5).
Attachment:
· Abandonment Resolution
· P & Z Staff Report of February 28, 2000
S:\ P&Z~boards\citycommissionV~,BC-Barricades-Aban-CCDoc.doc
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
February 28, 2000
IV.F.
Abandonment of the Alleyway Lying South of S.E. 6th Street, Within
the Anderson Block Subdivision in Conjunction with the ABC
Barricades Development
GENERAL DATA:
Owner .................................. General Public
Applicant .............................. Robert Brownlee
Agent ................................... Anderson Architecture, Inc.
Eric Anderson
Location ............................... North/South alleyway lying south
of S.E. 6th Street, within the
Anderson Block Subdivision.
Property Size ........................ 0.11 Acre
Existing F.L.U.M. Redevelopment Area # 5
Designation..
Current Zoning ..................... CBD-RC (Central Business
District-Rail Corridor)
Adjacent Zonings ........ North:
East:
South:
RM (Multiple Family Residential-
Medium Density)
CBD-RC
RM
West: RM
Existing Land Use ................ Unimproved north/south
alleyway
Proposed Land Use ............. Abandonment of the 16'
north/south alleyway to be
incorporated into the ABC
Barricades development
Water Service ....................... n/a
Sewer Service ...................... n/a
s w 5RD ST
~.w 4TH ST.
DRUG ABUSE
FOUNDA~ON
OF PALM BEACH
COUNTY
CITY OF
DELRA Y BEACH
PUBLIC WORKS
COMPLEX
4TH ST.
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a north-south alley lying within
Anderson Block Plat. The subject alley is located south of S.E. 6th Street,
approximately 150 feet west of the F.E.C. Railroad.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(O), Abandonment of Rights-of-Way.
This subject alleyway was dedicated with the recordation of the Plat of the
Anderson Block, (Plat Book 22, Page 45, of the Public Records of Palm Beach
County, Florida), in September of 1948.
Currently the subject alleyway is unimproved, and several trees and heavy
vegetative growth are located throughout.
The subject alleyway is a 16' x 305.84' rectangular shaped parcel, containing
approximately 4,893 sqff. (0.11 acres). The subject parcel represents the entire
north-south alley (labeled "Service Lane"), in the Anderson Block Plat. The alley
directly abuts the west lot line of Lot 5, and east lot lines of Lots 1,2, 3, and 4, all
in said Anderson Block Plat. The S.E. 6th Street right-of-way, which bounds the
subject parcel to the north, is unimproved.
The abandonment request was submitted by the owner of Lot 5 (0.91 acres),
ABC Barricades, who plans to develop a 7,303 sqft. industrial building. Lot 5 is
currently vacant, and Lots 1, 2, 3, and 4, are currently developed as single family
residential. The applicant intends to use his portion of the abandonment area as
a landscape buffer between the residential uses to the west and his project. The
applicant has already received Site Plan Approval for the intended project, and
this abandonment action is a condition of said approval.
Pursuant to LDR Section 2.4.6(O)(1), public fight-of-way may be abandoned
(returned) to the adjacent property to the same degree in which it was originally
obtained, £e. property dedicated exclusively from a single parcel shall be
retumed to that parcel; property dedicated through subdivision shall be divided at
the center line and returned equally to abutting parcels.
Please see Reference Map "A", for the foflowing section.
Planning and Zoning Board Staff Report
ABC Barricades Alleyway Abandonment
Page 2
Accordingly, the Applicant who owns Lot 5 is entitled to the east eight (8) feet of
the abandonment area. Each owner of Lots 1 through 4 will receive the west
eight (8) feet of the subject alley, which is directly adjacent to their property.
Improvements in the Alley
As stated previously, the subject abandonment area is unimproved and contains
several tree stands and heavy vegetative growth throughout. The portion of the
subject alleyway behind Lot 1 is clear of growth. However, Lot 1 has a chain link
fence along the entirety of the rear property line adjacent to the subject parcel,
which prevents access to or from the alley.
Utility Services
Florida Power & Light (FPL) has identified existing power lines in the
abandonment area. FPL has requested replacement easements over their
existing improvements, or relocation at the applicants' expense. Satisfactory
disposition of these utilities will be a condition of approval of this abandonment
Adelphia Cable has also reviewed the requested abandonment, and has
identified facilities in the subject abandonment area. Adelphia will require
replacement easements or relocation. Satisfactory disposition of this issue will
be a condition of approval for this abandonment.
In addition, BellSouth has identified underground utilities in the subject alley and
are requesting the relocation of said utilities and/or provision of replacement
easements. Satisfactory disposition of this issue will be a condition of approval
for this abandonment.
The City's Environmental Services Department and the City's Fire Department
have reviewed the request and have no objection to the abandonment. The
Florida Public Utilities Company 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, the right-of-way is unimproved, and there are no plans to improve it
in the future. The City has no plans to utilize this alleyway for any other
purpose.
Planning and Zoning Board Staff Report
ABC Barricades Alleyway Abandonment
Page 3
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. The
proposed industrial building on Lot 5 will take access from S.E. 1st Avenue.
The single-family homes on Lots 1, 2, 3, and 4, will maintain primary access
from Swinton Avenue. No adjacent lot utilizes the subject alley for secondary
access. S.E. 6th Street will remain unimproved.
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.
Florida Power & Light, BellSouth, and Adelphia Cable have all identified
existing utilities in the subject alleyway. The continuation of the identified
utility services can be accommodated through the dedication of replacement
easements and/or relocation of facilities, so that they will provide the same or
better service to the surrounding area. Satisfactory disposition of all utility
issues will be a condition of approval for this abandonment.
No adjacent lot currently utilizes the subject alleyway for either primary or
secondary access.
The development proposal is within the geographical area requiring review by the
CRA (Community Redevelopment Agency). The CRA will consider the proposed
abandonment at its February 28~ meeting. The results of this meeting and the
CRA's recommendation will be at the Planning & Zoning Board Meeting.
The abandonment proposal is not within a geographical area requiring review by
the DDA (Downtown Development Authority) or the HPB (Historic Preservation
Board).
Courtesy Notices:
Courtesy notices have been provided to the following:
PROD - Progressive Residents of Delray
Deiray Beach Chamber of Commerce
President's 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.
Planning and Zoning Board Staff Report
ABC Barricades Alleyway Abandonment
Page 4
As the subject alleyway is unimproved and there are no plans for its
improvement, its intended use is limited. The abandonment will benefit the
surrounding neighborhood as the applicant intends to use their portion of the
abandonment area as a landscape buffer between the approved industrial use to
the east and the residential uses to the west. Additionally, the adjacent
residential uses will benefit, as they will receive additional an eight feet of
property to the rear of their lots. Disposition of existing utility services located
within the 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 north-south alley (labeled "Service Lane") within the Plat of the Anderson
Block, based upon positive findings with respect to LDR Section 2.4.6(0)(5),
subject to the following condition:
1. The disposition of all utilities is satisfactorily addressed through the provision
of replacement easements or relocation of existing facilities, before
proceeding to the City Commission for final approval.
Attachments:
· Location Map
· Reference Map "A"
· Reduced Survey
File: S:\Planning&Zoning\Boards\P&Z~ABC Barricades Abandonment.doc
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