Res 40-00RESOLUTION NO. 40-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DFI.RAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF THE NORTH/SOUTH AI.I.F.Y RIGHT-OF-WAY LYING
WITHIN BLOCK 8, ROSEMONT PARK, 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 a portion of the north/south alley right-of-
way lying within Block 8, Rosemont Park, 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 Phoning and Zoning Boa.rd, as
Local Planning Agency, formally reviewed the matter at a public hearing on February 28, 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 De/ray 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(0)(5), but does not abandon and retains and reserves unto itself a utility easement over
the entire area thereof, as more parficnhdy 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 DI=.I.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 Commi.~sion 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 partio~hrly described as follows:
That portion of the 16 foot alley fight-of-way lying between Lot 4, Block 8,
and Lot 21, Block 8, ROSEMONT PARK, according to the Plat thereof as
recorded in Plat Book 13, Page 60, of the Public Records of Palm Beach
County, Florida; containing approximately 802 sq.ft
i
Said Block 8, ROSEMONT PARK, is located on the west side of S.W. 7m
Aven6e, between S.W. 7~ Street and S.W. 8~' Court.
PASSED AND ADOPTED in regular session on this the 16~ day of May, 2000.
MAYOR
ATTEST:
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- 2 - Res. No. 40-00
s.w. 7T~ ST.
$.W. 8TH CT.
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DELRA Y .... i !
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MEMORIAL
S.W. 9TH CT.
GARDENS ~.~
S.W. lOTH STREET
ABANDONMENT
- ASSOCIATED WiTH BETHEL EVANGELICAL CHURCH -
MAP Rjr- LU425
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
ABANDONMENT OF A PORTION OF THE NORTH/SOUTH ALLE~AY LYING
WITHIN BLOCK 8, ROSEMONT PARK SUBDIVISION IN CONJUNCTION WITH
BETHEL EVANGELICAL CHURCH.
BACKGROUND
The request involves abandoning a 16' x 50.14' portion of alleyway, containing approximately 802
sqft. (0.02 acres). The subject abandonment area represents the southern 50 feet of the remaining
portion of the 16 foot alley, and is located between Lots 4 and 21 of said Block 8. The southern
103.13 feet of the originally platted alleyway was abandoned via Resolution #64-92, in June of 1992.
Bethel Evangelical Church, the owner of the Lot 4, submitted the abandonment request. The Church
will receive the west half of the proposed abandonment area, and the owner of Lot 21, Mr. Richard
Walcott, will receive the east half.
The Church plans to aggregate its portion of the abandonment area with the remainder of its
property holdings (please see Reference Map "A" in the attached Planning Zoning Board Staff
Report), in order to facilitate an overall site improvement project. The Church received conditional
use approval for the above mentioned project, which includes parking upgrades and the conversion
of two single-family homes to church uses, on February 28, 2000. The proposed abandonment is a
condition of that approval.
The subject alleyway is unimproved, however municipal water & sewer mains are located in the
proposed abandonment area. Florida Power & Light, Adelphia Cable, and BellSouth have also
identified facilities within the subject area. All facilities will remain in their current location, as the
applicant has designated the entire abandonment area as a general utility easement.
PLANNING AND ZONING BOARD CONSIDERATION
At its meeting of February 28, 2000, 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 (Morris absent) to 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(0)(5).
Attach ment:
· Abandonment Resolution
· P & Z Staff Report of February 28, 2000
S:t P&Z~boardsicitycommissiontBethel Evan Church Aban-CCDoc. doc
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
February 28, 2000
IV.E.
Abandonment of a portion of the North/South Alleyway Lying within
Block 8, Rosemont Park Subdivision in conjunction with Bethel
Evangelical Church.
GENERAL DATA:
Owner .................................. General Public
Agent/Applicant .................... Malek Abdallah
Location ............................... North/South alleyway lying
within Block 8, Rosemont
Subdivision
Property Size ........................ 0.02 Acre
Existing F.LU.M. Low Density Residential (0-5
Designation.. units/acre)
Current Zoning ..................... R-I-A (Single Family
Residential)
Adjacent Zonings ........ North: R-I-A
East: R-I-A
South: R-I-A
West: R-1-A
Existing Land Use ................ A portion of the16' north/south
unimproved alleyway
Proposed Land Use ............. Abandonment of a portion of the
16' north/south alleyway in
conjunction with the expansion
of Bethel Evangelical Church
Water Service ....................... n/a
Sewer Service ...................... n/a
S.W. 7TH ST.
co S W. 8TH CT.
S W. 9TH ST
S W. 9T~I CT.
S.W. 1 0TH STREET
IV.E.
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 the north-south alley
lying within Block 8 of the Rosemont Park Plat. The subject parcel is located
approximately 153 feet south of S.W. 5th Street, between S.W. 7th Avenue and
S.W. 8~ Avenue.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
BACKGROUND
This subject alleyway was dedicated with the recordation of the Plat of the
Rosemont Park, (Plat Book 13, Page 60, of the Public Records of Palm Beach
County, Florida), in September of 1925. Currently the subject alleyway is
unimproved.
ABANDONMENT DESCRIPTION
The subject alleyway is 16' x 50.14' rectangular shaped parcel, containing
approximately 802 sqft. (0.02 acres). The subject parcel represents the southern
50 feet of the remaining portion of the 16 foot alley, and is located between Lots
4 and 21 of said Block 8. The southern 103.13 feet of the originally platted alley
was abandoned via Resolution ~)4-92, in June of 1992.
Please see Reference Map "A", for the following section.
Bethel Evangelical Church, the owner of the Lot 4, submitted the abandonment
request. The Church also owns Lots 5, 6, 19, & 20, of said Block 8, and three
parcels in the subdivision to the south. The abandonment area is to be
aggregated with the remainder of the Church holdings, in order to facilitate an
overall site improvement project. The proposed project will convert two (2) single
family homes to church uses, increase seating from 204 to 270 seats in the main
sanctuary, and upgrade parking throughout the site. The applicant has
concurrently submitted a conditional use modification for the above-described
project. The proposed abandonment will be a condition of the modification.
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, i.e. property dedicated exclusively from a single parcel shaft be
returned to that parcel; property dedicated through subdivision shaft be divided at
the center line and returned equally to abutting parcels.
Planning and Zoning Board Staff Report
Alleyway Abandonment, Block 8, Rosemont Park
Page 2
Accordingly, the Applicant is entitled to the west eight (8) feet of the subject
abandonment, as they are the fee simple owners of Lot 4. Richard Walcott, the
fee-simple owner of Lot 21 is entitled to the east eight (8) feet.
Improvements in the Alley
Currently the subject alleyway is unimproved. The alley is dear of excessive
vegetative growth, and has presumably been maintained by the Church. The
base of a dilapidated fence encroaches 0.5 feet into the abandonment area, from
Lot 4.
ABANDONMENT AREA (Looking North)
Utility Services
The Environmental Services Department has identified both water & sewer lines
located within the subject area. Environmental Services has no objection to the
abandonment if a replacement utility easement is provided over the affected
area. The granting of said easement shall be a condition of approval for this
abandonment.
Florida Power & Light and Aldelphia Cable have identified existing utilities in the
alleyway. FPL and Adelphia are requesting replacement easements or relocation
Planning and Zoning Board Staff Report
Alleyway Abandonment, Block 8, Rosemont Park
Page 3
of their facilities. Satisfactory disposition of this issue will be a condition of
approval for this abandonment.
BellSouth has identified underground utilities in the subject area, and is
requesting a 12-foot replacement easement to cover the existing facilities.
Provision of the easement will be a condition of approval for this abandonment.
The City's Fire Department has reviewed the request and has no objection to the
abandonment. The Flodda Public Utilities Company has also reviewed the
requested abandonment, and has no objection.
REQUIRED FINDINGS
Pursuant to LDR Section 2.4.6(0)(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.
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. All parcels
on Block 8 take pdmary access from S.W. 8th Avenue or S.W. 7TM Avenue.
Lots to the north of the abandonment area will maintain secondary access
through the remainder of the alleyway. The applicant owns the adjacent lots
to the south.
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 water & sewer mains are located in the abandonment area. In
addition, Flodda Power & Light, Adelphia Cable, and BellSouth have
identified existing utilities in the subject area. The existing utilities will be
accommodated through the reservation of replacement 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.
Planning and Zoning Board Staff Report
Alleyway Abandonment, Block 8, Rosemont Park
Page 4
REVIEW BY OTHERS
The development proposal is within the geographical area requiring review by the
CRA (Community Redevelopment Agency). The CRA considered the proposed
abandonment at its February 10th meeting, and recommended approval.
The development 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:
Carver Estates, Director
Carver Square Homeowners Association
Delray Beach Heights Homeowners Association
Rosemont Homeowners Association
Bellehaven Homeowners Association
Ebony of Delray Homeowners Association
PROD - Progressive Residents of Delray
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.
ASSESSMENT
The alleyway is unimproved and there are no plans to improve it. As the subject
area is the southern end of the existing alley, lots to the north will not be affected
by this action. The proposed abandonment will facilitate the upgrading of the
Bethel Church site through an overall development plan, which will have a
positive effect on the surrounding area. 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
Alleyway Abandonment, Block 8, Rosemont Park
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 portion of the north-south alley within Block 8, Rosemont Park Plat, based
upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the
following condition:
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~Bethel Abandonment. doc
S.W. 7TH ST
S.W. 8TH CT.
S W. 9TH ST.
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MEMORIAL , '
$.W. 9TH CT.
OARDENS iS I ! ,
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S.W. lOTH STREET
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CITY OF DELRAY BEACH. FL
PLANNING & ZONING DEPAR~'MENT
ABANDONMENT
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BETHEL EVANGELICAL CHURCH REFERENCE
EXISTING LAND USE MAP MAP
LEGEND:
BETHEL EVANGELICAL CHURCH
AGGREGATED HOLDINGS
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