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Res 39-00RESOLUTION NO. 39-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH/SOUTH AI.I.EY RIGHT-OF-WAY AND THE EAST/WEST AI.t.EY RIGHT-OF-WAY LYING WITHIN BLOCK 36 (REVISED PLAT OF BLOCK 36), TOWN OF DEI.RAY, AS MORE PARTICULAILLY 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 and the east/west alley right-of-way lying within Block 36 (Revised Plat of Block 36), Town of Dekay, as more particularly described herein, was received by the C~ty of Delray Beach; and WHEREAS, the application for abandonment of said alley fights-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 pubhc he, ring on April 17, 2000, and voted 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 pubhc good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said fight-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 pubhc utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY 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 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: That portion of the 16 foot alley right-of-way lying east of and adjacent to Lots 14 through 28, inclusive, and that portion of the 16 foot alley right-of-way lying iaorth of and adjacent to Lots 29 through 39, inclusive, Revised Plat of Block 36, Town of Delray, according to the Pht thereof as recorded in Plat Book 5, Page 38, of the Public Records of Palm Beach County, Florida; containing 0.27 acre, more or less. Said Block 36 being located on the north side of West Atlantic Avenue, between N.W. 3~ and 4~ Avenues. PASSED AND ADOPTED in re~,lar session on this the 166 day of May, 2000. MAYOR ATYEST: "'City Clerk - 2 - Res. No. 39-00 Ii MARTIN NW LU?HER Ji 5RD L_ FIRE STATION NO. 1 I ATLANTIC S.W 1ST KING JR. / POLICE COMPLEX ST. TENNIS STADIUM SOUTH COUNTY COURT HOUSE I[, CITY q TTORNEY BUILDING ST. DRIV[ N W 2ND ST. N.E 3RD ST CITY HALL COMMUNITY CENTER N W. IST Sl N.£ l§T S' OLD SOUARE AVENUE S.W. 1ST ST S.E. 1ST S1 ~TY OIr D~.LRAY B[ACH, Ir'L PLANNING ar ~ING D[PARTklENT - ABANDONMENT - (ALLEYWAYS WITHIN BLOCK 36, TOWN OF DELRAY) TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVID T. HARDEN, CITY MANAGER ABANDONMENT OF THE NORTH-SOUTH ALLEYWAY AND EAST-WEST ALLEYWAY, LYING WITHIN THE BLOCK 36, REVISED PLAT OF BLOCK 36, TOWN OF DELRAY. BACKGROUND The request involves abandoning the 16' x 448.2' north-south alleyway, and 16' x 287.2' east-west alleyway within Block 36, Revised Plat of Block 36, Town of Delray (Plat Book 5, Page 38). The subject alleyways consist of 11,766 total square feet (0.27 acres), and represent the entirety of the alley system within this block. The abandonment request was submitted by the Community Redevelopment Agency (CRA), which owns Lots 1-15 & Lots 22-39. The Mt. Olive Baptist Church, which owns Lots 16-21, is the only other property owner on the subject block. The Church will receive the west half of the north-south alleyway adjacent to Lots 16-21. The CRA will receive the remainder of the proposed abandonment area. (Please see Reference Map "B" in the attached Planning & Zoning Board Staff Report) As part of the redevelopment effort of West Atlantic Avenue, the CRA has issued a Request for Proposal (RFP) for a private "for-profit" company to aggregate Lots 1-15 & 22-39, and their portion of the proposed abandonment area, and develop a uniform project on the site. Currently, the north-south alley is unimproved, and the east-west alleyway is partially improved. No municipal water or sewer mains are located within the subject area. Florida Power & Light, Adelphia Cable, and BellSouth have identified facilities in the subject area. The utilities will remain in their present location, as the applicant has designated the entire abandonment area as a general utility easement. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of April 17, 2000, the Planning and Zoning Board considered the request at a public headng. There was no public comment concerning the proposed abandonment. After reviewing the staff report and discussion, the Board voted 6 to 0 to (Eliopoulos absent) recommend approval, with the condition that the disposition of all utilities is satisfactorily addressed through the provision of replacement utility easements, before proceeding to the City Commission for final approval. RECOMMENDED ACTION 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(O)(5). Attachment: · Abandonment Resolution · P & Z Staff Report of April 17, 2000 S:~ P&Z~boards~citycornrnission~Block36AbanCCDoc. doc PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: April 17, 2000 V.B. Abandonment of the North/South and EastNVest Alleyways Lying within Block 36, Town of Delray, Located On The North Side Of West Atlantic Avenue, Between N.W. 3rd and N.W. 4th Avenues. J ATLANTIC COMMUNITY T~NNIS 5 TADIUM N W 1S.T ST N £ tST ST AVENUE 'FTT ..E[Z =JTFFT 'F 'I ! I IIII COUNTY ~ GENERAL DATA: Owner ........................................... General Public Agent ............................................. Sherry Johnson Applicant ........................................ Delray Beach Community Redevelopment Agency Location ........................................ Located on the north side of West Atlantic Avenue, between N.W. 3rd and N.W. 4th Avenues. Property Size ................................. 0.27 Acre Future Land Use Map .................... Low Density Residential (0-5 units/acre) & General Commercial Current Zoning .............................. R-1-A (Single Family Residential), CF (Community Facilities), & GC (General Commercial) Adjacent Zoning .................. North: East: South: R-i-A & GC R-1-A & GC GC West: R-l-A, CF, & GC Existing Land Use ........................ 16 ft. North-South unimproved alley & 16 ft. East-West partially improved alley Water Service ............................... N/A Sewer Service ............................... N/A ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of the north-south alley and the east-west alley, lying within Block 36, Revised Plat of Block 36, Town of Delray. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(O), Abandonment of Rights-of-Way. BACKGROUND The subject alleyways were dedicated with the recordation of the Revised Plat of Block 36, Town of Delray (Plat Book 5, Page 38, of the Public Records of Palm Beach County, Florida), in July of 1913. Currently the east-west alley is partially paved and provides access between N.W. 4th Avenue, on the west, to N.VV. 3"~ Avenue on the east. The north-south alley extends from the east-west alley on the south, to N.W. 1st Street on the north. The north-south alley is currently unimproved, with numerous trees, hedges, and other vegetation located throughout. ABANDONMENT DESCRIPTION The east-west alley is a 16' x 287.20 rectangular shaped parcel containing approximately 4,595 sqft. (0.105 acres). The north-south alley is a 16' x 448.2' rectangular shaped parcel containing approximately 7,171 sqft. (0.165 acres). Together the two alleyways equal 11,766 square feet or 0.27 acres. Please see Reference Map "B" for the following section. The abandonment request was submitted by the Community Redevelopment Agency (CRA), which owns Lots 1-15 & Lots 22-39. The CRA has issued a Request for Proposal (RFP) for a private "for-profit" company to aggregate Lots 1-15 & 22-39, and their portion of the proposed abandonment area, and develop a uniform project on the site. The Mt. Olive Baptist Church owns Lots 16-21, and is the only other property owner on the subject block. Lots 16-21 currently function as a parking lot for the church, and are not included in the RFP. Planning and Zoning Board Staff Report Block 36 Alleyway Abandonment Page 2 ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(O)(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. Please see Reference Map "B' for the following section. Mt. Olive Baptist Church, being the fee simple owner of Lots 16-21, is entitled to the west eight (8) feet of the abandonment area adjacent to the above listed parcels. The CRA, being the fee-simple owner of Lots 1-15 & Lots 22-39, is entitled to the remainder of the abandonment area. Utility Services Florida Power & Light (FPL) has identified existing facilities located in both the north-south alley and the east-west alley. FPL will require a ten (10) foot easement that centers on the existing distribution facilities, or relocation of facilities. Adelphia Cable has identified facilities in the abandonment area, which coincide with the FPL equipment, and are requesting the same replacement easements or relocation of said facilities. BellSouth has also identified existing utilities in the subject abandonment area, and will require replacement easements or relocation of said facilities. The City's Environmental Services Department (ESD) reviewed the abandonment request and identified no municipal water or sewer mains in the subject area. The City's Fire Department and the Florida Public Utilities Company have also reviewed the request and have no objection to the abandonment. Planning and Zoning Board Staff Report Block 36 Alleyway Abandonment Page 3 REQUIRED FINDINGS 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 north-south alley is unimproved, and there are no plans to improve it in the future. The east-west alley is partially improved, and there are no plans to upgrade this condition. The intended public use for local traffic circulation is limited at best. The City has no plans to utilize either alleyway for any other public purpose. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject abandonment will not prevent access to any parcel, as all affected parcels take primary access from either Atlantic Avenue, N.W. 3"~ Avenue, or N.W. 4th Avenue. The Westside Liquors Building (Lots 35-39), could utilize the east-west alley for secondary or service access. The CRA owns this property and has included it in the RFP for redevelopment of the block. 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. Currently Florida Power & Light, Adelphia Cable and BellSouth have identified existing utilities in the subject area. The existing utilities will be accommodated through the reservation of utility easements or relocation of said facilities, so that they will provide the same or better services to the surrounding area. This will be a condition of approval for this abandonment. ~ ~'REVIEW BY OTHERS The development proposal is within the geographical area requiring review by the CRA (Community Redevelopment Agency) and the DDA (Downtown Development Authority). A portion of the abandonment area is located within the West Settlers Historic District, which requires review by the HPB (Historic Preservation Board). Planning and Zoning Board Staff Report Block 36 Alleyway Abandonment Page 4 The CRA, being the applicant, considered and approved this item prior to submittal. HPB officially reviewed this abandonment request at its meeting of April 5, 2000, and recommended approval. The DDA will consider the proposed abandonment at its April 19~h Meeting. The results of this meeting and the DDA's recommendation will be available at the Planning & Zoning Board Meeting. Courtesy Notices: Courtesy notices have been provided to the following: 0 0 0 0 0 PROD - Progressive Residents of Delray West Settlers Historic Homeowners Association Delray Merchants Association Charlotte Durante, Peach Umbrella 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. ASSESSMENT', By abandoning this area to the CRA, the City is helping to promote the redevelopment of West Atlantic Avenue. As the purpose of the abandonment is to aggregate individual parcels with the vacated area, in order to provide a larger land area for an overall development plan, the surrounding neighborhood and downtown in general, will benefit from the resulting growth. The abandonment will not prevent access to adjacent lots of record. Disposition of existing utility services located within subject area must be resolved before this abandonment can advance to the City Commission for final approval. Planning and Zoning Board Staff Report Block 36 Alleyway Abandonment Page 5 ALTERNATIVE ACTIONS 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). RECOMMENDED ACTION By motion, recommend to the City Commission approval of the abandonment of the east-west alley and the north-south alley, lying within Block 36, Revised Plat of Block 36, Town of Delray, based upon positive findings with respect to LDR Section 2.4.6(O)(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. Attachments: · Reference Map "A" (Location Map) · Reference Map "B" · Reduced Survey File: S:\Planning&Zoning\Boards\P&Z~Block36AIleyAban.doc MARTIN NW . ,i, LUTHER NW FIRE STATION NO. 1 1ST MT OLIVE BAP~ST CHURCH OLIVE 3RD KING JR ATLANTIC TENNIS STADIUM CITY ATTORNEY BUILDING DRIVE CITY HALL COMMUNITY CENTER ST W 2ND ST N W 1ST ST. AVENUE N E 5RD ST N E 2ND ST N E 1ST ST OLD SCHOOL SQUARE $ w 1ST POLICE SOUTH COMPLEX COUNTY COURT HOUSE ST S.W 1ST ST. S E. 1ST ST. CITY OF DEL.RAY BEACH, FL PLANNING 8' ZONING DEPARTMENT -- D/G/T.,41. ~4SE ~ SYSTEM -- ABANDONMENT - BLOCK 36 - REFERENCE MAP "A" N.W. 1ST 19 24'. 27 28 ATLANTIC STREET 12 7~ '70 9 6 4 2 AVENUE ~iMENT OF ALLEYWAYS IN BLOCK 36 LEGEND: EXISTING STRUCTURE LOT NUMBER - 2 2 I 100 FEET GRN=fllC SCALE CrTY OF [)B.F~Y BEN::H. Fl. PLANNING e ZDNING DEPARTMENT REFERENCE MAP -- D/~ITA/. B4.~E 4{4,° SYSTEI~ --