Res 91-00RESOLUTION NO. 91-00
A RESOLUTION OF THE CITY COMM/SSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING THE ENTIRE
NORTH/SOUTH AIJ.EY RIGHT-OF-WAY LYING WITHIN BLOCK D, PLAT
OF LA HACIENDA, LOCATED WITHIN THE NORTH FEDERAL
HIGHWAY AREA, AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, pursuant to the Alleyway Abandonment Project, the City of Delray Beach imuated the
abandonment of the enttre north/south alley right-of-way lying w~thm Block D, Plat of La Hacienda, as more
parucularly described hereto; and
WHEREAS, the applicauon for abandonment of smd alley right-of-way was processed pursuant to
Sect_ton 2.4.6(0), "Abandonment of Rights-of-Way", of the Land Development Regulauons of the City of Delray
Beach; and
~2-IEREAS, pursuant to LDR Secuon 2.4.6(O)(3)(d), the Planning and Zoning Board, as Local
Planning Agency, formally reviewed the matter at a pubhc heanng on October 16, 2000, and voted 6 to 0 to
recommend approval of the abandonment, based upon posluve findings w~th respect to LDR Secuon 2.4.6(0)(5); and
WHEREAS, the City Cornmassion of the City of Delray Beach, Florida, finds that its interest m the
described property is no longer needed for the pubhc good and deems it to be m the best interest of the Cny of
Delray Beach to vacate and abandon sazd alley right-of-way, based upon posmve findings pursuant to LDR Secuon
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 ~s hereby
determined by the Delray Beach City Cormmsslon to vacate and abandon all right and interest it holds to the
folloxvmg real property, more parucularly described as follows:
ABANDONMENT AREA 9-C
The enttre sixteen foot (16') north/south alleyway located w~thm Block D, Plat of La
Hacienda, Plat Book 15, Page 6, as recorded m the Pubhc Records of Palm Beach
Count5', Florida; containing 0.114 acre, more or less.
PASSED AND ADOPTED m regular ses~on on th~s the 7th ~d~a~ of Novem3r, 2000
MAYOR
ATTEST:
'~ City C:r
EAST~[W
LAKE AVENUE N.
~$ 37
LAKE AVENUE S.
DENERY LANE
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PHASE ONE
ALLEYWAY ABANDONMENT PROJECT
ALLEYWAYS # 9-A, 9-B, 9-C, & 9-D
REFERENCE
MAP
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-- DIOIT.4L E,45E ,Ivl.4P SYST£M --
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
DAVID T. HARDEN, CITY MANAGER ,~ ,'A --~' ~
.^u.
ABANDONMENT OF FIVE ALLEYWAYS IN THE NORTH FEDERAL HIGHWAY AREA.
BACKGROUND
The request involves abandoning five alleyways, located in the North Federal Highway Area (please see
Reference Map "A", in the attached staff report). The five abandonments contain approximately 47,829
total square feet (1.09 acres), and were dedicated by the plat of La-Hacienda (PB 15, PG 6), and the plat of
Snow Hill (PB 21, PG 83).
The abandonments represent the second installment of the City Initiated Alleyway Abandonment Project.
This project is being carried out by the Planning & Zoning and Environmental Services Departments, under
direction given by the City Commission. The Alleyway Abandonment Project identified alleyways (and sub-
standard street rights-of-way) which are considered "non-essential", and subsequently recommended
vacating each. Criteria for this analysis was based upon municipal water & sewer provision (existing &
planned), and property access issues.
Currently, all abandonment areas contained in this report are unimproved and are not utilized for primary
access to any adjacent parcel. No municipal water or sewer mains are located within any of the five
alleyways. Florida Power & Light, Adelphia Cable, and BellSouth have identified facilities in area 9-A, 9-B,
9-D, and 9-E. In order to accommodate these facilities, a general utility easement will be retained over
these alleyways. Abandonment Area 9-C has no identified utilities located within its boundaries, and will
not require a replacement utility easement.
PLANNING ANDZONING BOARDCONSIDERATION
At its meeting of October 16, 2000, the Planning and Zoning Board considered the request at a public
hearing. One person spoke in support of the abandonments in the La-Hacienda area. After reviewing the
staff report, the Board voted on each abandonment area individually. Each vote was 6 to 0 to recommend
approval (Lloyd Hassner absent), with the condition that a general utility easement is retained over all
abandonment areas with the exception of Area 9-C.
RECOMMENDED ACTION
By motion, approve the abandonments of right-of-way and reserve a general utility easement over
abandonment areas 9-A, 9-B, 9-D, and 9-E, based upon positive findings with respect to LDR Section
2.4.6(0)(5).
Attachment:
· Abandonment Resolutions (5)
· P & Z Staff Report of October 16, 2000
$:~ P&Z~boards~citycommission~Phase 1-CCDoc. doc
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
October 16, 2000
III.B.
City Initiated Abandonment of Several Alleyways, Located within the
North Federal Highway Area.
GENERAL DATA:
Owneri~ ................................ General Public
Agent/Applicant .................... City of Delray Beach
David T. Harden, City Manager
Location ............................... North Federal Highway Area
Property Size ........................ Alley 9-A: 0.156 Acre
Alley 9-B: 0.293 Acre
Alley 9-C: 0.114 Acre
Alley 9-D: 0.119 Acre
Alley 9-E: 0.414 Acre
Existing FLUM Designation.. Low Density Residential &
Medium Density Residential
Current Zoning ..................... GC (General Commercial) R-
I-A (Single Family
Residential), RM (Multiple
Family Residential-Medium
Density) & RL (Multiple Family
Residential-Low Density)
Adjacent Zonings ........ North: R-l-A, RM & RL
East: RM & RL
South: R-1-A & RL
West: GC & RM
Existing Land Use ................ Unimproved rights-of-ways
Proposed Land Use ............. Abandonment of alleyways
(depicted on the map) within
to be aggregated into
adjacent lots.
Water Service ....................... n/a
Sewer Service ...................... n/a
III.B.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of five (5) alleyways in the North
Federal Highway area.
These right-of-way abandonments are being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
BACKGROUND
The five (5) abandonments before the Board, represent the second installment of
proposed abandonments of the City Initiated Alleyway Abandonment Project. This
project is designed to be a comprehensive analysis of alleyways in the City, in order
to determine which alleyways are considered non-essential in terms of the provision
of municipal utilities and property access. This project is being implemented by the
Planning & Zoning and Environmental Services Departments, under direction
received from the City Commission.
The five abandonment areas contained in this report are located in the North Federal
Highway Area, and are labeled "Phase One". For identification purposes, each
abandonment area was assigned a unique label (i.e. 9-A, 9-B, 9-C, etc). The first
number of the label represents the section of land (according to the Public Land
Survey System) in which the abandonment area is located. The second portion of
the label represents an arbitrary letter assigned to each proposed abandonment
area.
Each of the five subject abandonments contained in this grouping will be voted on
individually.
As this is a City initiated project, surveys of each abandonment area were not
required. All abandonment areas listed in this report are platted rights-of-way, and
staff will create the requisite legal descriptions for the official City resolution.
ALLEYWAY I RIGHT-OF-WAY DEDICATIONS
Abandonment Areas 9-Al 9-B, 9-Cf & 9-D:
The subject abandonment areas were dedicated with the recordation of the Plat of
La-Hacienda (Plat Book 15, Page 6, of the Public Records of Palm Beach County,
Florida), in October of 1926. Currently the alleyways are unimproved.
Planning and Zoning Board Staff Report
City Initiated Alleyway Abandonment Project- Phase One (N. Federal Area)
Page 2
Abandonment Area 9-E:
The alleyway was dedicated with the recordation of the Plat of Snow Hill (Plat Book
21, Page 83, of the Public Records of Palm Beach County, Florida), in May of 1947.
Currently, a portion of the alley is improved and has been incorporated into the
parking lot of Sande's Restaurant. The remainder of the subject alleyway is
unimproved.
ABANDONMENT DESCRIPTIONS
Abandonment Area g-A:
The subject alleyway measures 8 feet in width and approximately 850 feet in length,
containing 6,800 square feet (0.156 acres). This abandonment area is the entire 8-
foot east-west alley, adjacent to south lot lines of Lots 4 thru 20, Block E, said Plat of
La-Hacienda. The portion of the alleyway adjacent to the south of Lots 1-3 is not
being included in the abandonment, as it is being utilized by the adjacent
commercial properties.
It is presumed that only one-half (8') of the typical 16 foot alley was dedicated from
this plat in anticipation that the subdivision to the south would provide the additional
8 feet. Subsequent development to the south did not provide the additional alley
right-of-way. Thus the intended public use of this alleyway, beyond the provision of
certain utilities, is limited.
Abandonment Area 9-B:
The subject alleyway measures 16 feet in width and approximately 799.5 feet in
length, containing 12,792 square feet (0.293 acres). This abandonment area is the
entire 16-foot east-west alleyway adjacent to the south lot lines of Lots 1-16, and the
north lot lines of Lots 23-38, Block D, said Plat of La-Hacienda.
Abandonment Area 9-C:
The subject alleyway measures 16 feet in width and approximately 311 feet in
length, containing 4,976 square feet (0.114 acres). This abandonment area is the
entire 16-foot north-south alleyway adjacent to the west lot lines of Lots 17-22, and
the east lot lines of Lots 16 and 23, and the eastern terminus of the east-west
alleyway (9-B), all in Block D, said Plat of La-Hacienda.
Abandonment Area 9-D:
The subject alleyway measures 8 feet in width and approximately 650 feet in length,
containing 5,200 square feet (0.119 acres). This abandonment area represents the
8-foot east-west alley, adjacent to north lot lines of Lots 5 thru 17, Block E, said Plat
of La-Hacienda. The portion of the alleyway adjacent to the north of Lots 1-4 is not
being included in the abandonment, as it is being utilized by the adjacent
commercial properties. In addition, the portion of the alley abutting Lots 18 and 19 is
Planning and Zoning Board Staff Report
City Initiated Alleyway Abandonment Project - Phase One (N. Federal Area)
Page 3
not included as it is it scheduled to be improved as a bike path, in conjunction with
the Estuary townhouse project.
As with alleyway 9-A, it is assumed that the intent of the alleyway was for adjacent
development (to the north) to provide the additional 8 feet of r-o-w to create a
standard 16 foot alleyway. Subsequent development to the north did not provide the
additional alley r-o-w. Thus the intended public use of this alleyway, beyond the
provision of certain utilities, is limited.
Abandonment Area 9-E:
The subject alleyway measures 15 feet in width and approximately 1,204 feet in total
length, containing 18,061 square feet (0.414 acres). This abandonment area
represents the entire 15 foot alley, in Block A, said Plat of Snow Hill. The subject
alleyway can be further divided into 3 segments; one (1) east-west segment and two
(2) north-south segments. The east-west segment is adjacent to the north lot lines
of Lots 6-24. The first north-south segment is adjacent to the west lot lines of Lots 1-
5 and the west lot line of Lot 6. The second north-south segment is adjacent to the
east lot line of Lot 24 and the west lot lines of Lot 25-27.
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 shall be retumed to
that parcel; property dedicated through subdivision shall be divided at the center line
and returned equally to abutting parcels.
Abandonment Area 9-A:
As the subject parcel was created entirely from the plat of La-Hacienda, the fee
simple owners of Lots 4-20, of Block E, are entitled to the entire 8 foot alleyway,
adjacent to their property.
Abandonment Area 9-B:
As the subject parcel was created entirely from the plat of La-Hacienda, the fee
simple owners of Lots 1-16 and Lots 23-38, of Block D, are entitled to % of the 16
foot alleyway, adjacent to their property.
Abandonment Area 9.C:
As the subject parcel was created entirely from the plat of La-Hacienda, the fee
simple owners of Lots 17-22 and Lots 16 & 23, of Block D, are entitled to % of the 16
foot alleyway, adjacent to their property.
Planning and Zoning Board Staff Report
City Initiated Alleyway Abandonment Project - Phase One (N. Federal Area)
Page 4
Abandonment Area 9-D:
As the subject parcel was created entirely from the plat of La-Hacienda, the fee
simple owners of Lots 5-17, of Block C, are entitled to the entire 8 foot alleyway,
adjacent to their property.
Abandonment Area 9-E:
As the subject parcel was created entirely from the plat of Snow Hill, the fee simple
owners of Lots 6-24, of Block A, are entitled to the entire 15 foot alleyway, adjacent
to the rear (north) of their property; the fee owners of lots 1-5, of Block A, are entitled
to % of the 15 foot alley to the east of their property, and the fee simple owner of Lot
6 is entitled to % of the 15 foot alley to the west of their property; the fee owners of
lots 25-27, of Block A, are entitled to % of the 15 foot alley to the west of their
property, and the fee simple owner of Lot 24 is entitled to % of the 15 foot alley to
the east of their property.
Property Division for Abandonment Area 9-E
UTILITY SERVICES
· No municipal water or sewer lines are currently located in any of the proposed
abandonment areas.
Florida Power & Light, Adelphia Cable, and BellSouth have identified facilities in
subject abandonment areas 9-A, 9-B, 9-D & 9-E, and are requesting
replacement utility easements for each.
The Florida Public Utilities Company and the City's Fire Department have also
reviewed the requested abandonments, and have no objections.
Subject Abandonment Area 9-C has no identified utilities within its boundaries,
and will not require a replacement utility easement.
Planning and Zoning Board Staff Report
City Initiated Alleyway Abandonment Project - Phase One (N Federal Area)
Page 5
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, all listed abandonment areas are unimproved, and there are no plans
to improve them in the future. The City has no plans to use the subject areas for
any other purpose.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
Currently, no adjacent lot utilizes any of the subject abandonment areas for
primary access.
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 facilities in Abandonment areas 9-A, 9-B, 9-D & 9-E, These facilities will
be accommodated through the reservation of utility easements over the entirety
of the listed abandonment areas. Thus, the current and future ability to provide
utility services to adjacent properties or the surrounding area, will not change.
The provision of the aforementioned utility easements for areas 9-A, 9-B, 9-D &
9-E; will be a condition of approval for these abandonments.
REVIEW BY OTHERS
The proposed abandonment areas are within the geographical area requiring review
by the CRA (Community Redevelopment Agency). The CRA considered the
abandonments at its meeting of August 24, 2000, and recommended approval.
The proposed abandonment areas are not within the geographical area requiring
review by the HPB (Historic Preservation Board), or the DDA (Downtown
Development Authority).
Courtesy Notices:
Courtesy notices have been provided to the following:
Presidents Council
North Palm Trail Association
La Hacienda Home Owners Association
Kokomo Key Home Owners Association
Stanley Milosky
Planning and Zoning Board Staff Report
City Initiated Alleyway Abandonment Project - Phase One (N, Federal Area)
Page 6
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
As all the subject abandonment areas are unimproved and there are no plans for
their improvement, their intended public use is limited. The purpose of this project is
for the City to release alleyways and sub-standard street right-of-ways back to
properties which originally dedicated them, if there is no current or future municipal
need. All subject abandonment areas listed in this report meet these qualifications,
and the criteria for "Abandonments of Rights-of-Way", as listed in Section 2.4.6(0) of
the City's Land Development Regulations. The reservation of general utility
easements over Abandonment Areas 9-A, 9-B, 9-D & 9-E, is listed as a condition of
approval.
ALTERNATIVE ACTIONS
Continue with direction.
Recommend to the City Commission approval of the abandonments subject to
positive findings with respect to LDR Section 2.4.6(0)(5).
Recommend to the City Commission denial of the abandonments based upon a
failure to make positive findings with respect to LDR Section 2.4.6(0)(5).
RECOMMENDED ACTION ]
By Separate Motion:
I.- Abandonment Area g.A:
By motion, recommend to the City Commission approval of the abandonment of the
8-foot east-west alleyway, adjacent to Lots 4 through 20, Block E, of the plat of La-
Hacienda, based upon positive findings with respect to LDR Section 2.4.6(0)(5),
subject to the following conditions:
1 .) A general utility easement is retained over the entire abandonment area.
Planning and Zoning Board Staff Report
City Initiated Alleyway Abandonment Project - Phase One (N. Federal Area)
Page 7
II. - Abandonment Area 9.B:
By motion, recommend to the City Commission approval of the abandonment of the
16-foot east-west alleyway within Block D, of the plat of La-Hacienda, based upon
positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following
conditions:
1 .) A' general utility easement is retained over the entire abandonment area.
II1.- Abandonment Area 9-C:
By motion, recommend to the City Commission approval of the abandonment of the
16-foot north-south alleyway within Block D, of the plat of La-Hacienda, based upon
positive findings with respect to LDR Section 2.4.6(0)(5).
IV. - Abandonment Area g-D:
By motion, recommend to the City Commission approval of the abandonment of the
8-foot east-west alleyway, adjacent to Lots 5-17, Block C, of the plat of La-Hacienda,
based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the
following conditions:
1 .) A general utility easement is retained over the entire abandonment area.
V. - Abandonment Area 9-E:
By motion, recommend to the City Commission approval of the abandonment of the
entire 15-foot alleyway within Block A, of the plat of Snow Hill, based upon positive
findings with respect to LDR Section 2.4.6(O)(5), subject to the following conditions:
1.) A general utility easement is retained over the entire abandonment area.
Attachments:
· Reference Map "A"
· Reference Map "B"
File: S:\Planning&Zoning\Boards~P&Z~Phase-One Abans.doc
EASTVlEW
AVE.
LAKE AVENUE N.
19
LAKE AVENUE S.
DENERY LANE
CiTY OF DELRAY BEACH, FL
R'~NING ~. ZONING DEPART'ME].,IT
-- DIG/TA!. ~$~' MAP $YETEM --
PHASE ONE
ALLEYWAY ABANDONMENT PROJECT
ALLEYWAYS # 9-A, 9-B, 9-0, & 9-D
REFERENCE
MAP
KOKOMO
KEY
27
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ALLEN AVE.
ESTUARY
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25
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CiTY OF DB.IIAY BEACH. FL
Pi. ANNIN~ ~ ZONINI~ DE]~J~MENT
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PHASE ONE
ALLEYWAY ABANDONMENT PROJEOT
ALLEYWAY # 9-E
REFERENCE
MAP
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