Res 53-00RESOLUTION NO. 53-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF THE UNIMPROVED SOUTHEAST 7TM STREET RIGHT-
OF-WAY LYING BETWEEN SOUTH SWINTON AVENUE AND THE
FLORIDA EAST COAST RAILROAD, AS MORE PARTICULARLY
DESCRIBED HEREIN.
WHEREAS, an application for abandonment of a portion of the S.E. 7th Street road fight-
of-way, as more particularly described herein, was received by the City of Delray Beach; and
WHEREAS, the application for abandonment of a portion of said road 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 DeLtay Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Phnning and Zoning Board, as
Local Planning Agency, formally reviewed the matter at a public heating on October 18, 1999, and voted
unanimously to recommend approval of the abandonment, based upon positive findings with respect to
LDR Section 2.4.6(0)(5); and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that ;ts 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 smd right-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 right and interest it
holds to the following real property, more particularly described as follows:
All that portion of Southeast 7~ Street as shown on the REPLAT OF PARTS
OF LOTS 2 AND 3, BLOCK 1 OF MODEL LAND COMPANY'S
SUBDIVISION OF THE WEST HALF OF SECTION 21, TOWNSHIP 46
SOUTH, RANGE 43 EAST, DF. LRAY BEACH, PALM BEACH COUNTY,
FLORIDA, according to the Plat thereof recorded in Plat Book 26, Page 113
of the Public Records of Palm Beach County, Florida, bounded as follows:
On the North by the South lines of Lots 12 and 14, and the City Well as
shown on the above referenced plat; on the East by the West right-of-way line
of the Florida East Coast Railroad (East limits of the above referenced plat);
on the South by the North lines of Lots 11 and 15 as shown on the above
referenced plat; and on the West by the East right-of-way line of South
Swinton Avenue (West limits of the above referenced pht).
Said land situate, lying and being in the City of Delray Beach, Palm Beach
County, Florida, and containing 11,751 square feet or 0.27 acres, more or less.
PASSED AND ADOPTED in regular session on this the 11t~ day of July, 2000.
MAYOR
City Clerk
- 2 - Res. No. 53-00
MERRI TT
PARK
4TH
DOROTHY)H.._ WILKEN, CLERK PB COUNTY, FL
DRUG ABUSE FOUNDATION
OF
PALM BEACH COUNTY
CITY OF DELRAY BEACH
PUBLIC WORKS
COMPLEX
WA TER
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PLANT
S W 6TH ST
S W. 7TH ST
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- ABANDONMENT-
PORTION OF S.E. TTH STREET
TO: DAV:O TI HARDEN, Cl~ MANAGER L.~i'~ ~~,~0~~ ~ '
DIANE DOMINGUEZ, DIRECTOR OF PLANNING A~b'ZONING]'"' ~
THRU:
DANIEL MARFINO, SENIOR PLANNER~
FROM:
SUBJECT: MEETING OF JULY 11, 2000 *CONSENT AGENDA
ABANDONMENT OF A PORTION OF THE S.E. 7TM STREET RIGHT-OF-WAY (ROW),
LYING BETWEEN SOUTH SWINTON AVENUE AND THE FLORIDA EAST COAST
RAILROAD (FEC RR).
The request involves abandoning the 50' x 230' portion of SE 7th Street right-of-way, located between S.
Swinton Avenue and the Florida East Coast (FEC) Railroad. The subject abandonment area contains
11,751 square feet (0.27 acres), and was dedicated by the Replat of Part of Lots 2 and 3, Block 1, Model
Land Company's Subdivision of the West Half of Sec. 21, Twp., 46 S., RGE, 43 E. (Plat Book 26, Page
113, of the Public Records of Palm Beach County, Florida).
The abandonment request was submitted by the owner of adjacent Lots 11, 12, 14, and 15 of the
aforementioned plat, who plans to aggregate the four lots, in addition to Lot 10 (not directly adjacent to
abandonment area), and construct 19 fee-simple townhouses on the site, to be known as Swinton Place.
The Swinton Place development received site plan approval on December 1, 2000. Final plat approval is
also scheduled for the City Commission Meeting of July 11, 2000.
Currently, the proposed abandonment area is unimproved, with the remnants of an east-west shell rock
drive located approximately in the middle of the parcel. The Environmental Services Department (HSD)
identified a municipal water main in the proposed abandonment area. HSD also identified the need for an
access easement to the City well site, located adjacent to the northeast corner of the abandonment area.
Florida Power & Light and BellSouth have also identified facilities in the subject area. The utilities will
remain in their present location, and the necessary utility easements have been satisfactorily addressed
through the concurrent plat submission.
At its meeting of October 18, 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 7 to 0 to recommend approval, with the conditions that: 1. The
disposition of all utilities is satisfactorily addressed through the provision of replacement utility easements;
2. That a 24' wide access easement is provided from Swinton Avenue to the City well site; and, 3.
Recordation of a plat that clearly identifies the required easements. All of these conditions have been
satisfactorily addressed.
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 October 18, 1999
S:t P&Ztboardstcitycommission~SE7StreetAban CCDoc. doc
RESOLUTION NO. 53-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DF.I.RAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF THE UNIMPROVED SOUTHEAST 7TM STREET RIGHT-
OF-WAY LYING BETWEEN SOUTH SWINTON AVENUE AND THE
FLORIDA EAST COAST RAILROAD, AS MORE PARTICULARLY
DESCRIBED HEREIN.
WHEREAS, an application for abandonment of a portion of the S.E. 7m Street road right-
of-way, as more particularly described herein, was received by the City of Dekay Beach; and
WHERE~S, the application for abandonment of a portion of said road 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 I.DR Section 2.4.6(O)(3)(e), the Phnning and Zoning Board, as
Local Planning Agency, formally reviewed the matter at a public hearing on October 18, 1999, and voted
unanimously to recommend approval of the abandonment, based upon positive findings with respect to
LDR Section 2.4.6(0)(5); and
WHEREdkS, the City Commission of the City of Dekay 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).
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, more particularly described as follows:
All that portion of Southeast 7~' Street as shown on the REPLAT OF PARTS
OF LOTS 2 AND 3, BLOCK 1 OF MODFJ. LAND COMPANY'S
SUBDMSION OF THE WEST HALF OF SECTION 21, TOWNSHIP 46
SOUTH, RANGE 43 EAST, DF.I.RAY BEACH, PALM BEACH COUNTY,
FLORIDA, according to the Plat thereof recorded in Plat Book 26, Page 113
of the Public Records of Palm Beach County, Florida, bounded as follows:
On the North by the South lines of Lots 12 and 14, and the City Well as
shown on the above referenced plat; on the East by the West right-of-way line
of the Florida East Coast lt,il,oad (East limits of the above referenced plat);
on the South by the North lines of Lots 11 and 15 as shown on the above
referenced plat; and on the West by the East right-of-way line of South
Swinton Avenue (West limits of the above referenced plat).
Said Iand situate, lying and being in the City of Delray Beach, Palm Beach
County, Florida, and containing 11,751 square feet or 0.27 acres, more or less.
PASSED AND ADOPTED in regnl,r session on this the 11tt day of July, 2000.
MAYOR
ATDiST:
City Clerk
- 2 - Res. No. 53-00
4TH ST
DRUG ABUSE FOUNDATION
OF
PALM BEACH COUNTY
CITY OF DELRAY BEACH
PUBLIC WORKS
COMPLEX
WA TER
TREA TMEN T
PLA N T
Sw
6~H ST
S W. 7TH ST
S W. 8TH ST
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S W ~TH CT
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STREET
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CURRIE
COMMONS
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CiTY OF DEI.RAY BFACH. FL
PLANNING & ZONING DEPARTMENT
- ABANDONMENT -
PORTION OF S.E. 7TH STREET
-- DI~t?~.Z ~,4,E_~ MAP SYSIEM -- MAP RE:F LM31B7
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
October 18, 1999
V.A.
Abandonment of Street Right-of-Way Platted as S.E. 7th Street
Lying Between South Swinton Avenue and the Florida East Coast
(F.E.C.) Railroad.
GENERAL DATA:
Owner ................................... General Public
Agent ................................... McLaughlin Engineering
Company
Applicant .............................. Best Real Estate
Location ............................... S.E. 7th Street lying between
South Swinton Avenue and the
Florida East Coast (F.E.C.)
Railroad
Property Size ........................ 0.27 Acre
Existing Future Land Use
Map Designation .................. Medium Density Residential (0-5
units/acre)
Current Zoning ..................... RM (Multiple Family Residential-
Medium Density)
Adjacent Zonings ........ North:
East:
South:
RM
R-1-A (Single Family
Residential)
RM
West: R-I-A
Existing Land Use ................ Unimproved right-of-way
Proposed Land Use ............. Abandonment of the unimproved
right-of-way to be incorporated
as part of a future townhouse
development.
Water Service ....................... n/a
Sewer Service ...................... n/a
S w ST
S E 4TH
V.A.
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a portion of the S.E. 7th Street
right-of-way (ROW), lying between South Swinton Avenue and the Florida East
Coast Railroad (FEC RR).
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
The subject portion of S.E. 7th Street is located between South Swinton Avenue
and the FEC RR, approximately 1500 feet north of S.W. 10th Street. This portion
of S.E. 7th Street was dedicated with the recordation of the Replat of Part of Lots
2 and 3, Block 1, Model Land Company's Subdivision of the West Half of Sec.
21, Twp., 46 S., RGE, 43 E. (Plat Book 26, Page 113, of the Public Records of
Palm Beach County, Florida), in August of 1959.
Currently the subject pamel is unimproved, with the remnants of an east-west
shell rock drive located approximately in the middle of the parcel.
The portion of S.E. 7th Street to be abandoned measures 50 feet in width and
230 feet in length, containing 11,751 square feet (0.27 acres). The parcel is
irregularly shaped because the eastern boundary (FEC RR ROW) intersects at a
slight angle, creating a longer north line than the south line. In addition, the north
and south lines of the S.E. 7th Street ROW are not perpendicular to the west
right-of-way line of Swinton Avenue, but instead meet by rounded corners.
A City well is located on a small parcel (15'x15') above the northeast corner of
the subject right-of-way (adjacent to the FEC RR ROW). The only access to this
parcel is the unimproved S.E. 7th Street right-of-way.
Planning and Zoning Board Staff Report
S.E. 7th Street (Between Swinton & F.E.C. Railroad) R-O-W Abandonment
Page 2
The abandonment request was submitted by the owner of adjacent Lots 11, 12,
14, and 15 of the aforementioned plat, who plans to aggregate the four lots, in
addition to Lot 10 (not directly adjacent to abandonment area), and construct 19
fee-simple townhouses on the site. The total site area for the proposed
development is 2.08 acres, and is to be known as Swinton Place. The applicant
has concurrently submitted for site plan and plat approval for the intended
project.
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 shall be
returned to that parcel; property dedicated through subdivision shall be divided at
the center line and returned equally to abutting parcels.
The applicant is entitled to the entirety of the subject abandonment, as he is the
fee simple owner of all adjacent parcels (Lots 11,12, 14, and 15) from the plat
that created the ROW. Although the City well parcel is directly adjacent to the
abandonment area, it is not part of the plat which dedicated the subject right-of-
way, therefore none of the ROW will revert back to this parcel.
Utility Services
The Environmental Services Department has identified a raw water main, which
runs from the adjacent City well site to Swinton Avenue, through the
abandonment area. The Department has requested a 12-foot replacement
easement over the existing water main, and a 24-foot access easement from
Swinton Avenue to the City well site. In addition, no trees or structures would be
allowed in the above-described easements. The applicant has agreed to make
both easement areas functions in concert with the proposed development as
either parking areas or ingress/egress lanes. The granting of said easements
through the concurrent site plan and plat applications will be conditions of
approval for this abandonment.
Florida Power & Light (FPL) has identified distribution facilities located along the
south and east sides of the abandonment area. FPL has requested 10'
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
BellSouth has identified underground utilities that run in a north-south direction,
approximately through the middle of the site. The subject utilities extend from a
10' utility easement located along the west side of Lot 14, south through the S.E.
7th Street right-of-way, and continue through an additional 10' easement along
Lots 11 and 15 (8 feet on the east side of Lot 11, and 2 feet on the west side of
Lot 15). BellSouth is requesting a 10' replacement easement that will connect
Planning and Zoning Board Staff Report
th
S.E. 7 Street (Between Swinton & F.E.C. Railroad) R-O-W Abandonment
Page 3
the two existing easements. The establishment of the requested easement is
reflected in the current site plan submission, and will also be addressed in the
subsequent plat application. Satisfactory disposition of these utilities, via the
aforementioned approvals, will be a condition of approval of this abandonment.
The City's Fire Department has reviewed the request and has no objection to the
abandonment. Adelphia Cable and the Florida Public Utilities Company have
also reviewed the requested abandonment, and have no objections.
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. Florida Power & Light, BellSouth, and the City's Environmental
Services Department have all identified existing utilities in the subject right-of-
way. The continuation of the identified utility services can be accommodated
through the dedication of replacement easements and/or relocation of
facilities.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
The abandonment area will prevent access to Lots 14, 15, and the City well
site. Lots 14 & 15 are owned by the applicant and are to be aggregated into
the proposed development of Swinton Place. Continued access to the City
well site will be accommodated through the granting of a 24' access
easement. The recordation of the concurrent plat, which will address all
access issues, will be a condition of approval for this abandonment.
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 utility services currently located in the subject right-of-way will be
addressed through the granting of replacement easements, or 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.
Planning and Zoning Board Staff Report
S.E. 7th Street (Between Swinton & F.E.C. Railroad) R-O-W Abandonment
Page 4
The development proposal is within the geographical area requiring review by the
CRA (Community Redevelopment Agency). The CRA considered this
abandonment at its September 2nd meeting, and recommended approval.
The development proposal is not within a geographical area requiring review by
the HPB (Historic Preservation Board), or the DD^ (Downtown Development
Authority).
Courtesy Notices:
Courtesy notices have been provided to the following:
Osceola Park 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.
As the subject right-of-way is unimproved and there are no plans for its
improvement, its intended use is limited. The purpose of the abandonment is to
incorporate the vacated area with the parcels to the north and south in an overall
development plan. 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.
1. Continue with direction.
2. Recommend to the City Commission approval of the abandonment subject to
positive findings with respect to LDR Section 2.4.6(0)(5).
3. 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).
Planning and Zoning Board Staff Report
S.E. 7th Street (Between Swinton & F.E.C. Railroad) R-O-W Abandonment
Page 5
By motion, recommend to the City Commission approval of the abandonment of
the portion of the S.E. 7th Street right-of-way, lying between South Swinton
Avenue and the Florida East Coast Railroad, based upon positive findings with
respect to LDR Section 2.4.6(0)(5), subject to the following conditions:
1) that replacement easements are provided for existing utility services,
2) that a 24' wide access easement is provided from Swinton Avenue to the
City well site, and
3) recordation of a plat that clearly identifies the required easements.
Attachments:
· Location Map
· Reduced Survey
File: S:\Planning&Zoning\P&Z\SE 7 ST Abandonment.doc