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Res 49-15EITM OF DELRAY BEAEH i o��i� �ii�i ���ii ��ti� �ii�� i��i� ����i i��tii� DELRAY BEACH CITY CLERK100 N.W. 1st AVENUE DELRAY F_ _04DAj ;!g4- 5F/243-7000 Its ... G 1D 2 0 RECORDED 10/18/2016 14941.43 All -America City PQlm Ben, --h CC)untv? Florida Sharon R. BockCLERK CONPTROLLER Pas F-1820 ('33p3s) OO 1993 CERTIFICATION 2001 1, KIMBERLY WYNN, Deputy City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 49-15, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 18th day of August 2015. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 18th day of October, 2016. Kimberly �ynn Deputy City Clerk City of Delray Beach, Florida SERVICE - PERFORMANCE - INTEGRITY - 6�L5PON5IBLE - INNOVATIVE - TEAMWORK RESOLUTION NO. 49-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING TIIE A PORTION OF TIIE 16 -FOOT ALLEY RIGHT-OF-WAY DEDICATED BY THE TOWN OF LINTON (NOW DELRAY BEACII) SUBDIVISION PLAT, BLOCK 101, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida received an application for abandonment of an alley right -of -wap that measures 16 feet wide and 208 feet long alley lying east of and contiguous to the east line of Lots 7, 8, 9 and the north 20 feet of Lot 10, all of Block 101, TOWN OF LINTON (now Delray beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida less therefrom the north 4 feet, and as more particularly described in Exhibit "A"; and WHEREAS, the application for abandonment of a portion of said right-of-way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights -of -Way", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), the application was forwarded to the City Commission with the recommendation that the abandonment be denied, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(M)(5), finds that there is not, nor will there be, a need for the use of the right- of --,,.,ay for any public purpose (Policy A-6.3 of the Transportation Element); that the abandonment does not, nor will not, prevent access to a lot, of record; that the abandonment will not result in detriment for the provision of access and/or utility services to adjacent properties or the general area; and deems it to be in the best interest of the City of Delray Beach to vacate and abandon a portion of said right-of-way, as more particularly described in Exhibit "A." WHEREAS, the City Commission approved the abandonment subject to the conditions of approval from the July 20, 2015 Planning and Zoning Board meeting and are attached as Exhibit "B." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACII, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the 18th d f ust, 2015. [AY0R ATTEST: City Clerk 2 RFS. NO. 49-15 SKETCH & DESCRIPTION FOR: ALLEY ABANDONMENT A PORTION OF THAT 16' ALLEY LYING IN BLOCK 101 TOWN OF LINTON (NOW DELRAY BEACH), PLAT BOOK 1, PAGE 3, P.B.C.R. CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA Exhibit "A" LAND DESCRIPTION: All of that 16' Alley lying east of and contiguous to the east line of Lots 7, 8, 9 and the north 20 feet of Lot 10, all of Block 101, TOWN OF LINTON (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, LESS therefrom the north 4 feet. Said lands situate and being in the City of Delray Beach, Palm Beach County, Florida. SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey, 5. Abbreviation Legend: L.B. = Licensed Business; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; PG. = Page; P.L.S. = Professional Land Surveyor. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 5J-17.050 through 5J-17.052, Florida Administrat,ivetI�Qod,g pursuant to Section 472.027, Florida Statutes. fC I e r Date:r �` •-. ,.-- MICHAEL D— AVIROM, P L•S. Florida Regis"�ra Ton1 �'No. 3268 AVIROM, & sAOCI'ESA'1C. L. B. 'No..330,0, 1 � " REVISIONS AVIROM & ASSOCIATES, INC. �^ ASSO SURVEYING & MAPPING o Q. 9a 50 S.W. 2ND AVENUE, SUITE 102 Q rn BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 www.AVIROM-SURVEY. com ESTABLISHED @2014 AVIROM & ASSOCIATES, INC. all fights reserved. This sketch is the property of AVIROM & ASSOCIATES, INC. and should not be reproduced orcopied without written permission. JOB #: 7753-5A SCALE: N/A DATE: 04/08/2014 BY: M.M.K. CHECKED: M.D.A. F.B. NIA PG.N/A SHEET 1 OF2 SKETCH & DESCRIPTION FOR: ALLEY ABANDONMENT A PORTION OF THAT 16' ALLEY LYING IN BLOCK 101 TOWN OF LINTON (NOW DELRAY BEACH), PLAT BOOK 1, PAGE 3, P.B.C.R. CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA 0 50 100 GRAPHIC SCALE IN FEET 1"=50' BLOCK 101 TOWN OF LINTON (NOW DELRAY BEACH) (P.B. 1, PG. 3, P.B.C.R.) NORTH 4' REMAINDER OF LOT 10 I � LOT 11 a AVIROM & ASSOCIATES, INC. o� a ASSO0, SURVEYING & MAPPING y� 50 S. W. 2ND AVENUE, SUITE 102 4 M BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 www.AVIROM-SURVEY.com `cSTABLISHED 199, ©2014 AVIROM & ASSOCIATES, INC. all fights reserved. This sketch is the property of AVIROM & ASSOCIATES, INC. and should not he reproduced or copied without written permission. JOB#: 7753-5A LOT 7 -16' ALLEY (P.B. 1/3, P.B.C.R.)) BY: M.M.K. 0 CHECKED: M.D.A. F.B. NIA PG. N/A U I LOT 14 of I m 16' ALLEY oJ o LOT 8 ABANDONMENT I w > Q z � LOT 15 o LLJ d W m EAST LINE OF -- LOTS 7, 8, 9 z CD & NORTH 20' OF LOT 10 Lei Cn BLOCK 101 I LOT 9 m TOWN OF LINTON NORTH 20' OF LOT 10 o I i f I REMAINDER OF LOT 10 I � LOT 11 a LOT 17 LOT 18 i REVISIONS AVIROM & ASSOCIATES, INC. o� a ASSO0, SURVEYING & MAPPING y� 50 S. W. 2ND AVENUE, SUITE 102 4 M BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 www.AVIROM-SURVEY.com `cSTABLISHED 199, ©2014 AVIROM & ASSOCIATES, INC. all fights reserved. This sketch is the property of AVIROM & ASSOCIATES, INC. and should not he reproduced or copied without written permission. JOB#: 7753-5A 0 SCALE: 1" = 50' -16' ALLEY (P.B. 1/3, P.B.C.R.)) BY: M.M.K. CHECKED: M.D.A. F.B. NIA PG. N/A I SHEET 2 OF 2 LOT 14 I 16' ALLEY o w �.. ABANDONMENT Q LOT 15 o LLJ w < m z CD Cn BLOCK 101 Ld w � m TOWN OF LINTON o (NOW DELRAY BEACH) � (P.B. 1, PG. 3, P.B.C.R.) - LOT 16 vi LOT 17 LOT 18 i REVISIONS AVIROM & ASSOCIATES, INC. o� a ASSO0, SURVEYING & MAPPING y� 50 S. W. 2ND AVENUE, SUITE 102 4 M BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 www.AVIROM-SURVEY.com `cSTABLISHED 199, ©2014 AVIROM & ASSOCIATES, INC. all fights reserved. This sketch is the property of AVIROM & ASSOCIATES, INC. and should not he reproduced or copied without written permission. JOB#: 7753-5A SCALE: 1" = 50' DATE: 04/07/2014 BY: M.M.K. CHECKED: M.D.A. F.B. NIA PG. N/A I SHEET 2 OF 2 Exhibit "B" PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: July 20, 2015 ITEM: Abandonment of a portion of the north/south alley within Block 101, Town of Linton Plat located between SE 5th Avenue and SE 4th Avenue and south of Atlantic Avenue, in association with the Fourth and Fifth Delray (iPic Movie Theater) mixed use development. GENERAL DATA: Owner .................................. General Public, City of Delray Beach Applicant ............................ Delray Beach CRA Agent ............................. Bonnie Miskel, Esq. Location ............................... Between SE 51" Avenue and SE 4th Avenue, south of Atlantic Avenue Property Size ........................ 0.08 Acre Existing FLUM ................. Commercial Core Current Zoning ..................... CBD (Central Business District) Adjacent Zonings ........ North: CBD East: CBD South: CBD West: CBD Existing Land Use ................ Improved right-of-way. Proposed Land Use ............. Aggregation into adjacent lots to be used for a new commercial development consisting of a movie theater, retail, and offices known as Fourth and Fifth Delray (iPic Movie Theater) Water Service ...................... n/a Sewer Service ...................... n/a o 25 20 7 vi 1 D rn ti A T L A N T I C A V E N U E 3 7 g 1 6 7 14 8 18 19 93 S.E. 1ST ST. 11 1 11 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 alley right-of-way associated with the Fourth and Fifth Delray (iPic Movie Theater) development project located between the former municipal library and the former Chamber of Commerce office (aka Ellingsworth Alley). This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Rights -of -Way. BACKGROIiND The alley right-of-way was dedicated by the plat of the Town of Linton (Block 101), which was recorded in Plat Book 1, Page 3, on March 25, 1910. A development proposal for the old municipal library and Chamber of Commerce property was submitted on March 11, 2009. That proposal included retail, offices, and a hotel. At the time of submittal the development proposal included abandonment and creation of a dead-end alley. At the urging of staff during the technical review phase, the applicant agreed to keep the alley open so traffic could flow through the parking garage to and from SE 0 Avenue. It is noted that this project never progressed to Board review and the project files were closed, The current development proposal is for a movie theater, offices, and retail. The current proposal includes the abandonment and creation of a dead-end for the north/south alley. The abandonment was considered by the Planning and Zoning Board at its meeting of December 15, 2014. The Planning and Zoning Board postponed the abandonment and conditional use to a date certain of February 23, 2015, with direction that the applicant address the concerns with respect to the dead -ending of the alley, traffic, and provision of a meaningful public plaza. At its meeting of February 23, 2015, the Planning and Zoning Board considered and approved a request by the applicant to postpone the item to a date certain of May 18, 2015. The applicant indicated that this extension request was necessary to provide sufficient time to revise the plans to address the concerns. At its meeting of May 18, 2015, the Planning and Zoning Board considered another extension request from the applicant based on the same reasons. The Planning and Zoning Board approved the extension of the postponement to a date certain of July 20, 2015. The applicant has indicated that the property immediately to the south (aka the Martini property — 59 SE 4th Avenue) along SE 4th Avenue will be acquired to provide a public access easement connecting to the north end of the remaining alley to SE 4th Avenue. The two development proposals noted above were in response to a Request For Proposals (RFPs) issued by the Delray Beach Community Redevelopment Agency, In both RFPs, the CRA indicated that the subject north/south alley should be abandoned and incorporated into the development proposal, However, the alley is not identified in the Comprehensive Plan or the Downtown Delray Beach Master Plan for abandonment. 'ABANDONMENT: DESCRIPTION The subject alley right-of-way is oriented north and south, located between SE 5th Avenue and SE 4th Avenue, and measures 16 feet wide by 208.18 feet long. The existing alley currently extends from the east/west alley (south of Atlantic Avenue) to SE 15t Street. Planning and Zoning Board Meeting of July 20, 2015 Abandonment of Alley Right -of -Way for the Fourth and Fifth Delray project Page 2 ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(M)(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 subject alley right -of way was dedicated by the plat of the Town of Linton subdivision and the owner of the adjacent properties to the east and west, which is the Community Redevelopment Agency, will receive both halves of the alley. The City's Environmental Services Department (ESD) has reviewed the request and has, no issues with the abandonment. The City has received notices from Comcast and Florida Public Utilities expressing concerns with the proposed abandonment and expects opposition from FP&L since these utility providers have existing facilities in the alley. A condition of approval is attached that the applicant shall resolve all concerns with service utilities providers prior to issuance of a building permit. ....... R4Ui1RD t INDaNGS .. Pursuant to LDR Section 2.4.6(M)(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. The existing alley right-of-way is paved and currently utilized by adjacent properties for vehicular cross access, deliveries, and solid waste removal. The north/south alley serves as an important link for this block as a bypass for delivery vehicles to the east/west alley. As noted in the background section of this report, the applicant has indicated that the property immediate to the south along SE 4th Avenue will be acquired and redeveloped to provide a dedicated vehicular access for the remainder of the north/south alley to SE 4th Avenue. While the proposed vehicular access does not maintain a connection to the east/west alley, it does maintain vehicular alley access for the remaining properties south of the subject development. A positive finding can be made subject to the condition that the Martini property be redeveloped to provide vehicular access to SE 4th Avenue from the alley. B) That the abandonment does not, nor will not, prevent access to a lot of record. The proposed abandonment does not prevent access to lots of record since the properties to the south of the proposed development would still have access via SE 41h Avenue, SE 5th Avenue, SE 1St Street, or the remaining portion of the alley. It does reduce the access possibility by disrupting the alley grid system. However, the vehicular access through the Martini property would provide two-way access to the remaining properties south of the proposed development. A positive finding can be made subject to the condition that the Martini property be acquired and redeveloped to provide vehicular access to SE 4th Avenue from the alley. 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. Given the proposed vehicular access through the Martini property, the remaining properties south of the proposed development will not experience a significant detrimental impact from Planning and Zoning Board Meeting of July 20, 2015 Abandonment of Alley Right -of -Way for the Fourth and Fifth Delray project Page 3 the proposed abandonment. This vehicular access will allow for two-way access to SE 4th Avenue so vehicles can exit the alley in a forward manner. A positive finding can be made subject to the condition that the Martini property be redeveloped to provide vehicular access to SE 4th Avenue from the alley. REVIEW ;BY..OTHERS :.. Development Services Management Group (DSMG):, On December 4, 2014, the DSMG reviewed the alleyway abandonment request. The consensus of the DSMG was the abandonment could be supported if public access was maintained through the proposed development to either SE 4th Avenue or the east/west alley. Community Redevelopment Agency (CRA): The CRA reviewed the alley abandonment request at its meeting of December 11, 2014 and recommended approval of the abandonment. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Chamber of Commerce • Delray Citizen's Coalition Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. The Planning Department has received the attached opinion letters regarding the abandonment. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. r - . ASSESSMI=NT The north/south alley right-of-way within Block 101 of the Town of Linton plat currently operates as a service court and access to parking which is utilized by the adjacent properties to the south. if the alley was abandoned and a dead-end created, it would severely restrict access, loading, and waste removal to these properties. This restricted access may hinder the redevelopment potential of these properties. Further, the creation of this dead-end alley would create an unsafe situation with delivery vehicles and solid waste vehicles backing onto SE 1St Street. Given the difficult maneuvering situation created by the abandonment and physical closure of the alley, it is reasonable to expect that delivery vehicles to the remaining southern properties on this block will utilize the public parking spaces (if available) or the drive lanes of SE 5th Avenue, SE 4th Avenue, or SE 1St Street to load and unload. This has the potential to encourage the inappropriate use of parking spaces that were designed and intended for the general public, and will generate sight visibility issues by these vehicles generating negative impacts off-site. As noted in the previous consideration of the proposed abandonment at the Planning and Zoning Board meeting of December 14, 2014, the proposed abandonment could be supported if cross access were maintained through the proposed development to either the east/west alley along the north side of the block, or through the parking garage to SE 4th Avenue. As a compromise, the applicant proposes to obtain the Martini property and provide vehicular access to the public at the north end of the dead-end alley. In one respect this compromise is superior to the option of introducing service vehicles from the southern properties into the vehicular area of the movie theater, retail, and offices. 1480Fourth and Fifth Delray Aleyfty Abandonmer N PROPOSED ALLEMAY ABANDONMENT AREA FOURTH AND FIFTH DELRAY PLANNING AND ZONING DEPARTMENT I ml ALL ABANDONMENT ayblhm -- MAV Mh S'.\11anning & ZQrlln0\D9MS\Ffl—Ca6\Z--l-M 1001-1500\04 A T L A N T I C A V E N U E 3 7 6 r- ,36 6 7 14 LLJ _7 :1 Sf LC) 18 Lli ui 19 1,3- 44 S. E. IST ST. FIDELI Tj 1480Fourth and Fifth Delray Aleyfty Abandonmer N PROPOSED ALLEMAY ABANDONMENT AREA FOURTH AND FIFTH DELRAY PLANNING AND ZONING DEPARTMENT I ml ALL ABANDONMENT ayblhm -- MAV Mh S'.\11anning & ZQrlln0\D9MS\Ffl—Ca6\Z--l-M 1001-1500\04 N PROPOSED ALLEMAY ABANDONMENT AREA FOURTH AND FIFTH DELRAY PLANNING AND ZONING DEPARTMENT I ml ALL ABANDONMENT ayblhm -- MAV Mh S'.\11anning & ZQrlln0\D9MS\Ffl—Ca6\Z--l-M 1001-1500\04 SKETCH & DESCRIPTION FOR: ALLEY ABANDONMENT A PORTION OF THAT I V ALLEY LYING IN BLOCK 101 TOWN OF LINTON (NOW DELRAY BEACH), PLAT BOOK 1, PAGE 3, P.B.C.R, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA LAND DESCRIPTION: All of that 16' Alley lying east of and contiguous to the east line of Lots 7, .8, 9 and the north 20 feet of Lot 10, all of Block 101, TOWN OF LINTON (now Delray Beach), according to the Plot thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, LESS therefrom the north 4 feet, Said lands situate and being in the City of Delray Beach, Palm Beach County, Florida. SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper, 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property, No search of the Public Records has been made by We Surveyor. 3. The land description shown hereon was prepared by the Surveyor, 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey, 5. Abbreviation Legend: L.B. = Licensed Business;' P.B. M Plat Book; P,B.C.R. = Palm Beach County Records; PG, = Page; P.L.S. = Professional Land Surveyor. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 5J-17,050 through 5J-17.052, Florida Administrative Code, pursuant to Section 472,027, Florida Statutes. Date: MICHAEL D. AVIROM, P.L.S, Florida Registration No, 3268 AVIROM & AS-SOCIATES, INC. L.B. No. 3300 REVISIONS AVIROM &ASSOCIATES, INC,JOB4: 7753-5A _ ASS40 SURVEYING & MAPPING --5C-ALF—: NIA q� 60 S.W 2ND AVENUE, SUITE 162 DATE: _ 0410812014 M BOCA RATON, FLORIDA 334x2 TEL, (561).392-2594, FAX (561) 334-7125 _ www,AV1ROM-8URVEI'.cam CHEC_KEO: M.D.A. - FsT�dLlsNEn ,�g8� ©2014 AVIPOM & ASSOCIATES, INC, efl rights reswed, F.B, N/A PG. N1A - -- •— 7hls sketch is the plapwty of AMom a ASSOC64ms, INC. - artdshoufdgothe,aprpriucrdorcap'adwlfhoutwtlt(enpormfsslon, SHEET I ^OF 2 Pape, Scott From: JamesEJIMCHAR@aol.com Sent: Saturday, July 11, 2015 6:59 AM To: Pape, Scott Cc: Stillings, Tim Subject: iPic Theater uses Scott: If you have not already considered, please consider restricting the types of uses mentioned in a newspaper story below for the proposed iPic. If I'm not mistaken, their parking was based on a shared parking formula that probably does not consider additional activities. Please let me know what you decide. Thank you. Jim Smith SAFE Chairman 1225 S. Ocean Blvd, # 202 Delray Beach, FL 33483 (561) 330-6798 Phone & Fax iameseiimchar(@_aol.com "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" More than just movies South Florida theaters are now being booked for church, bridal showers and bar mitzvahs By Johnny Diaz I Staff writer Now playing at your local multiplex: bridal showers and bar mitzvahs, corporate meetings and church services. Traditionally known as the place to catch the latest blockbuster, some South Florida movie theaters are finding second acts during their down time, renting out space for private and public events you probably wouldn't associate with cinema. At a time when theaters are competing with streaming services such as Netflix, giant flat -screens and other high-tech, at-home options, these rentals add another revenue stream and helps them showcase features like more comfortable seating and expanded concession stands. "The seating is there. We've got concessions on hand, We are expanding what it means to go the movies," said Ryan Noonan, a spokesman for AMC Entertainment, which has rented out space for events in locations including Sunrise and Aventura. "It's still our opportunity to show off the amenities that we have, so people remember those when they want to see a movie... "It's a way to get people through the doors during off-peak hours, and maybe they are buying popcorn and soda." Jim Lee, vice president of marketing and advertising for Boca Raton -based iPic Entertainment, agreed. "It brings in people who might not have seen the location, and it exposes them to it," he said. "One of the things we see happen often is the repeat business we receive from theater members that have booked iPic for special events, whether they are a corporate or social occasion." At The Classic Gateway Theatre in Fort Lauderdale, renting out an auditorium runs from $300 to $1,000, depending on the hours and whether the party is using the concession stand, said General Manager George Kaspriske. "It does help out the bottom line a little bit. That is revenue that we don't have to share with the movie studios," Kaspriske said. During a bridal shower at The Classic Gateway last year, the marquee read in giant letters; "Welcome To The Mrs. Harvey Show." The party for guest of honor Lisa Harvey was organized by her sister, Ya La'ford, who recalled the pair going there as kids. She also liked that the theater provided a fun venue with ample seating and a vintage Hollywood movie vibe. "When you walk into that particular space, it's not a new theater, which gives it an old-time appeal. It's old Hollywood," said La'ford, an installation artist who booked theater No. 4 for the bridal shower. "We tried to really make it a Hollywood type of shower, so we could shower her with stardom." Staying true to the movie -premiere theme, the party featured key chain souvenirs in the shape of ticket stubs, theater popcorn baggies and paparazzi -style photographers capturing guests as they arrived. A cake bedecked with golden -hued movie reels read "The Bridal Shower, Starring Lisa." And the big screen? La'ford used that to present a video montage of her sister's life. "My sister is really over the top and very Hollywood and glamorous, so she was the star of the day," La'ford said. When booking at a theater, clients have to work around the movies. Theaters typically book events during early morning hours and set aside a specific auditorium. La'ford recalled having to wrap up the party by 2 p.m. that Sunday. "We had to get out of there because the next movie was starting," she said. Melissa Gomez, theater manager at O Cinema in Wynwood, said she's always surprised by the different requests she receives for the 112 -seat venue. Unlike some of the other theaters, rentals here are done in three-hour slots weekdays from 6 to 9 p.m. Among the events, she said O Cinema has hosted a Dior fragrance event, two weddings and a town hall meeting for the gay rights group Save Dade. "We are always very open to having a different experience than just showing movies," she said. "If someone is willing to look at our space and see something creative, and it's fun, we are always willing to see if we can do it." Coming July 13-15, Boca Raton's iPic Theater and some AMC, Regal and Cinemark locations are hosting a video game tournament called Super League Gaming. Players ages 7 to17 will gather in an auditorium, laptops on hand, to compete against one another in the game of Minecraft. A third -person view of the action will unfold on the movie screen, showing all the players in the game. "The kids love it. They go in there with their laptops and play the game," said Lee. Since opening in 2012, the iPic Theater also has hosted a wedding and a bar mitzvah. Pape, Scott From: JamesEJIMCHAR@aol.com Sent: Sunday, March 29, 2015 2:54 PM To: jamesejimchar@aol.com Subject: SAFE Opposes the Proposed Delray Pic Theater SAFE Opposes the Proposed Delray iPic Theater If you think Atlantic Crossing will create traffic gridlock on Atlantic Avenue and Federal Highway Avenue, you haven't seen anything yet if the proposed Pic theater is approved. This proposed development is simply too large a project, for too small a space. And, since the project application was filed before the new land development regulations were approved, it is grand- fathered into the old conditional use policies. Which means instead of providing public space, Pic will be asking the City Commission to give it public space. Residents are rightfully upset. For instance, Ac wants to turn an alley (one of Delay's treasures) into a parking valet queue exit. iPic has designed a ped entrance on Federal Highway that will require a ped drop-off and pick up aisle — otherwise, motorists will have to use one of the two travel lanes for that purpose. Can you imagine stopping in the middle of Federal Highway to drop someone off or pick someone up? The alternative is for the City to give up 8' of width from the sidewalk it just widened.... for a length of 60' for a temporary parking lane. Remember, Delray took out the third travel lane on Federal for wider sidewalks and now Delray will be asked to give up that space, iPic's eight movie screens, 43,000 sq. ft. office, and 7,000 sq. ft. retail uses require 229 parking spaces. And, SAFE believes that will not be enough parking for all its uses. In addition, the CRA made a deal with iPic to provide an additional 50 parking spaces for general public use to replace about half of the current parking spaces at the old library. But, that's a bad deal because the public will never get to use those spaces since they'll be on the ground floor of iPic's parking garage, and iPic already has admitted that they will be used by their movie patrons. The proposal violates Delay's Master Plan because it does not provide retail on the ground floor along Federal Highway. The bottom line is that this 279 parking space garage, with constant in and out trips, will overwhelm the most traffic sensitive area of Atlantic Avenue. Amazingly, iPic's own traffic engineer warned the City in their report that this development will cause traffic problems unless the City does something about it. Many of us want a movie theater downtown, but this is simply the wrong location. Jim Smith SAFE Chairman 1225 S. Ocean Blvd, # 202 Delray Beach, FL 33483 (561) 330-6798 Phone & Fax iamesejimchar@aol.com "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" Pape, Scott From: JamesEJIMCHAR@aol.com Sent: Friday, December 12, 2014 11:13 AM To: Pape, Scott Subject: Re: iPic Entertainment Application SAFE opposes the project. Carol Anderson, SAFE Delray Outreach Director will attend the P & Z meeting on Monday night and explain why. Jim Smith, SAFE Chair In a message dated 12/12/2014 11:03:19 A.M. Eastern Standard Time, PapeCamydelraybeach.com writes: Jim - I wanted to remind you that your last written positional statement was "no position." If you are now opposing the project, you should submit a revised written statement that I can attach to the report. Otherwise, I will need to attach the one below to the report. I need this in the next 10 minutes to make the report. Scott, D. Pape, AICP Senior Planner Planning and Zoning Department 100 N.W. 1st Avenue City of Delray Beach, FL 33444 Tel. (561) 243-7321 Fax (561) 243-7221 e-mail address: pape@mydelraybeach.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. 1 Pape, Scott From: JamesEJIMCHAR@aol.com Sent: Tuesday, December 16, 2014 7:29 AM To: Pape, Scott Cc: Little, Dana Subject: ipic Scott: Unfortunately, due to a prior commitment, I missed most of the meeting last night and heard only about half of the Board's comments. I do however, have a couple of suggestions and a few comments for you to please consider. First, two suggestions: 1. If you have not already done so, please visit the iPic theatre in Boca and observe its operation. The theatre similarly is located on Federal Highway and is an (8) screen multiplex. 2. Hire an outside consultant to evaluate the traffic flow of the revised plan that will be submitted to you and the Board for review. As a word of caution, since this evaluation, cannot begin before !Pic has resubmitted, it may not be realistic for the Board to hear the project again until March. That's dependent on what resubmittal deadline you set with iPic. Now, for some principles.... SAFE believes that the revised plan must adhere to the following: 1. The entrance cannot be on Federal Highway. 2. The N/S alley should be preserved. 3. The E/W alley should not be converted into a street — i.e., used as the primary ingress/egress to the movie theatre. 4. The Federal Highway side should contain retail to provide for ped circulation southward to encourage development along the side streets taking some pressure off of Atlantic Avenue. Isn't that included in our Master Plan? 5. The traffic flow should be judged acceptable by both the P & Z Staff and the P & Z Board based on their evaluation of the outside consultant's recommendations. 6. iPic must be willing to pay for all the direct infrastructure costs that may be required — e. g, a new mast arm traffic signal at the S. E. 1st StreetlFourth Avenue intersection. Once, SAFE has been debriefed by SAFE Delray Beach Community Outreach Director Carol Anderson and the SAFE Board has had an opportunity to review, I may be back to you with further comments. Thank you for all your work in preparing a very good staff report. Obviously, there is much more work to be done with the resubmittal. I don't have to remind you that this project is located in a very sensitive, traffic congestion area of our Downtown, and you should consider the build -out of Atlantic Crossing in your evaluation. Best regards, Jim Smith SAFE Chairman 1 1225 S. Ocean Blvd, # 202 Delray Beach, FL 33483 (561) 330-6798 Phone & Fax jameseiimcharCce7,aol.com "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" Pape, Scott From: JamesEJIMCHAR@aol.com Sent: Friday, December 19, 2014 10:42 AM To: Pape, Scott Subject: Ipic info for inclusion in staff report Scott: As I mentioned in a previous email, I do have something else for you to include in the staff report. SAFE has asked FDQT4 to review the Pic proposal ASAP to save both the applicant and the City unnecessary time and expense in revising a plan that may later be rejected. See details below. Best regards, Jim Smith Pic Entertainment has submitted a plan to the City of Defray Beach to approve the construction of a Multiplex fronting Federal Highway (Fifth Avenue), in a mid -block location, between E. Fifth Avenue and E. Fourth Avenue. Attached is the P & Z Staff Report and the applicant's Traffic Impact Analysis. SAFE's concern is two -fold: 1. Pic proposes to widen an existing alley (from 16' to 20') that runs east/west behind existing businesses that front Atlantic Avenue, and use it as a primary ingress/egress for their planned parking garage - in effect, converting an alley into a street without sidewalks. The alley is currently used (and will be used in the future) by utility vehicles and delivery trucks that access the back entrances to other businesses that front Atlantic Avenue. SAFE believes that permitting dual functions would create an unsafe condition, not only for vehicular traffic - since many of these vehicles will be backing up into this alley, but an extremely dangerous environment for pedestrians and bicyclists. 2. iPic proposes to locate a pedestrian entrance on Federal Highway (E. Fifth Avenue). SAFE is concerned that this entrance would become an attractive nuisance since drivers would double-park in a travel lane on Federal Highway to drop-off and pick-up movie goers creating back-ups on Federal Highway and increasing the probability of crashes. SAFE is asking you to please review this situation ASAP so that both the applicant and the City will not have to spend so much time and money planning for a project that may have to be redesigned later. Thank you. Best regards, Jim Smith SAFE Chairman 1225 S. Ocean Blvd, # 202 Delray Beach, FL 33483 (561) 330-6798 Phone & Fax jam eseiimchar .aol.com "Help Florida become the most motorist, pedestrian, and bicyclist friendly state in the USA" Iav Meeting with Scott Pape DEL.RAYBEACH, FLORIDA Planniniz and Zoning Dear Mr. Pape: July 10, 2014 The purpose of this letter is to acknowledge our meeting on Thursday July 10, 2014 at City Hall of Delray Beach, and to provide you with comments in writing as you requested. During that meeting you graciously provided me the opportunity to express the concerns of the members of Abeleina Properties Inc. As owners of commercial properties in downtown Delray Beach, we are deeply troubled in regard to specific elements of the proposed redevelopment of the "Old Public Library" site and other nearby properties. We feel these elements will have a direct negative impact on our tenants, our business and our properties located at 400- 406 East Atlantic Avenue on Lots #1 and #2 of Block 101, and lot # 11 Block # 101. These objections are not just from Abeleina Properties, but from more than a dozen other Atlantic Avenue small businesses including Huber Drugs, Kilwin's Chocolates, The Green Owl, The Legacy, Cupcake Couture, Sequil Systems, Nootie, Absolute Land Survey, George's Shoe Repair, Second Time Around and many others etc. These concerns are again listed as follows: 1) We understand that the main entrance and exit of the proposed parking garage of the new project will open onto the East-West alley of Block 101. The expected traffic will conservatively consist of hundreds of cars each and every day. This roadway, even if widened a few feet, was not intend nor designed for heavy traffic flow. It was intended and designed to allow City Fire Trucks, City Police, and the trucks of vendors and other types of vehicles to enter, deliver, and service via the rear of the many retail business stores and restaurants which are located on the south side of East Atlantic Avenue at the north end of Block 101. MAILING ADDRESS: 55 N.E. FORT ROYAL ISLE, FORT LAUDERDALE, FLORIDA 33308 PHONE: (954) 563-8952 FAX. • (954) 565-2085 N This East-West alley is used continuously throughout the day and is often congested to the point that impairs the passage of cars completely through the alley. Anyone can observe the countless vehicles and trucks which enter and exit this alley all day every business day. Large delivery trucks are almost always parking in the actual road lanes, - because there is nowhere else to park - sometimes for long periods of time which clogs the road and blocks traffic. Pickup and delivery, loading and unloading are common occurrences because of the needs of the businesses. When two or more trucks enter the alley at the same time, traffic frequently backs up and often stops completely. The north - south ally which intersects the east - west alley is often used to allow vehicles that are backed up, to "escape" by turning onto it. Keeping the north- south alley open is essential. If the city permits the developer to close the north- south alley, it will remove this option for drivers of vehicles using this roadway. Traffic congestion will predictably increase and intensify. No one will benefit. 2) The opening of the proposed parking garage is directly across the alley from our parking area in the rear of one of our buildings (The George Building) located at 400- 406 East Atlantic Ave — situated at the southeast corner of East Atlantic.Avenue and S.E. 4t" Avenue; and we anticipate that it will make it difficult for drivers of cars and trucks to enter and exit our .parking area. 3) Traffic on the east -west alley will be directed to either S.E. 4t" or S.E. 5t" avenue which are already handling major traffic flow. Hundreds of cars exiting onto either of these two avenues will add significantly to traffic congestion that is already on these streets. 4) We understand that there are plans to abandon the northern half of the north — south alley of Block 101, and give it to the CRA so that it may be transferred to a private developer. This will inevitably result in it being closed to traffic. We strongly object to this because - this alley serves the multiple businesses located in Block 101, and a closure of this public road will impair the free access of Fire Trucks, City Police Cars, Emergency Medical Rescue 3 vehicles, vendor delivery trucks, automobiles and other vehicles necessary for these businesses. The alley was originally dedicated in July 1896 by the Model Land Company and W.S. Linton to the City for public use as a roadway. The closing of this alley will violate that dedication. In addition, it will limit and restrict the free egress and ingress to one of our parking lots which is located on S.E. 4th Avenue in the middle of Block 101. This closing, if approved, will violate our private property rights. As reported above: This north — south alley way also serves as an alternate route for relief of congested traffic when it occurs on the east — west alley -- otherwise trucks and other vehicles have to blindly back up into S.E. 4th Avenue or S.E. Stn Avenue —both of which currently have heavy traffic flow. 5) Parking During our meeting you assured me that the developer's plans has met the City parking code requirements. However, I would still like to make the following points concerning the parking. The following parking places will be eliminated: The open public parking lot will be eliminated = 58 spaces The public parking on the north side of the Library Bldg. = 8 spaces The parking around the east side of the Library Bldg. = 17 spaces The parking in rear of the Chamber of Commerce Bldg. = 15 spaces Total = 98 spaces A parking garage containing 279 parking spaces is planned for construction. 4 However, only 50 of these spaces will be allocated for public use to replace the 98 spaces that will be eliminated. This also leaves 229 spaces for the reported 400 personnel employees that are expected to work in the new building. Plans for the building include a restaurant, lounge and bar, and a roof top terrace for various gatherings. Has the developer met the parking code requirements for these inclusions/enterprises? Where will the people attending the 529 seats of the 8 theaters be expected to park? Furthermore, we understand that the developer has suggested that upon completion, this project will attract more than 30,000 visitors per month. The traffic impact on the downtown area streets and the need for additional parking will become a cause for deep concern for everyone. While this massive number of visitors may be viewed as a plus for some local businesses, it may also have a significant negative impact not just on some, but maybe on all of them. Delray Beach has been our family's home town for over 100 years. We want the best for it. I would like to thank you again for meeting and allowing me to express our genuine concerns. Respectfully. Robert A. George, M. Treasurer RESOLUTION NO. 49-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE A PORTION OF THE 16 -FOOT ALLEY RIGHT-OF-WAY DEDICATED BY THE TOWN OF LINTON (NOW DELRAY BEACH) SUBDIVISION PLAT, BLOCK 101, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND' PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida received an application for abandonment of an alley right-of-way that measures 16 feet wide and 208 feet long alley lying east of and contiguous to the east line of Lots 7, 8, 9 and the north 20 feet of Lot 10,` all of Block 101, TOWN OF LINTON (now Delray beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida less therefrom the north 4 feet, and as more particularly described in Exhibit "A"; and WHEREAS, the application for abandonment of a portion of said right-of-way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights -of -Wap", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), the application was forwarded to the City Commission with the recommendation that the abandonment be denied, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(M)(5), finds that there is not, not will there be, a need for the use of the right-of-way for any public purpose (Policy A-6.3 of the Transportation Element); that the abandonment does not, not will not, prevent access to a lot of record; that the abandonment will not result in detriment for the provision of access and/or utility services to adjacent properties or the general area; and deems it to be in the best interest of the City of Delray Beach to vacate and abandon a portion of said right-of-way, as more particularly described in Exhibit "A." WHEREAS, the City Commission approved the abandonment subject to the conditions of approval from the July 20, 2015 Planning and Zoning Board meeting and are attached as Exhibit "B." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hcrcby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the day of , 2015. ATTEST: City Clerk MAYOR 2 RES. NO. 49-15 SKETCH & DESCRIPTION FOR: ALLEY ABANDONMENT A PORTION OF THAT IV ALLEY LYING IN BLOCK 101 TOWN OF LINTON (NOW DELRAY BEACH), PLAT BOOK 1, PAGE 3, P.B.C.R. CITY OF DELRAY BEACH, _P LM BEACH COUNTY, FLORIDA t LAND DESCRIPTION. All of that 16' Alley lying east of and contiguous to the east line of Lots 7, 8, 9 and the north 20 feet of Lot 10, all of Block 101, TOWN OF LINTON (now Delray Beach), according to the Plot thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, LESS therefrom the north 4 feet. Said lands situate and being in the City of Delray Beach, Palm Beach County, Florida. SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by th'e Surveyor. 3, The land description shown hereon was prepared by the Surveyor. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey, 5. Abbreviation Legend: L.B. = Licensed Business; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; PG. = Page; P.L.S. = Professional Land Surveyor. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 5J-17.050 through 5J-17.052, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: --'-4 1 $. A _ MICHAEL D, AVIROM, P,L.S. Florida Registration No. 3268 AVIROM & ASSOCIATES, INC. L:B. No. 3300 REVISIONS AVIROM & ASSOCIATES, INC, JOB #: 7753-5A o� & ASSo0, SURVEYING & MAPPING SCALE: NfA 4 9� 50 S.W. 2ND AVENUE SUITE 102 DATE: 04108/2014 4 y BCCA RATON, FLORIDA 33432 BY; M.M.K. TEL. (561) 392-2594, FAX (561 j 394-7125 CHECKED: M.D.A. www.AVIROM-SURVEY.com 'fazisHFD tig� ©2011 AVIROM d ASSOCIATES, INC, off rights reserved. F.B. NIA PG. NIA This sketch Is the property of AVIROM & ASSOCIA TES, INC. 1 of 2 and should notbe reproduced orcopled wlthoul wilmen permisslom SHEET SKETCH & DESCRIPTION FOR: ALLEY ABANDONMENT A PORTION OF THAT 16' ALLEY LYING IN BLOCK 101 TOWN OF LINTON (NOW DELRAY BEACH), PLAT BOOK 1, PAGE 3, P.B.C.R. CITY OF DELRAY BEACH, PAW BEACH COUNTY, FLORIDA 15>< ,; "A 0 50 100 GRAPHIC SCALE IN FEET BLOCK 101 TOWN OF LINTON (NOW DELRAY BEACH) I' (P.B. 1, PG. 3, P.B.C.R.) -- NORTH 41 16 ALLEYr(P.B. 113, P.B.C.R.) t LOT 7 LOT 14 ED o U U m ' 16' ALLEY a w ABANDONMENT °' z >- z �� LOT LL-�Q z� a; LOT 15 �0 ¢�m _z 4 I-- _ -- -- -- -- -- -- -- w LJO ' EAST LINE OF LOTS 7, 8, 9 ¢ BLOCK 101 w &NORTH 20' OF LOT 10TOWN OF LINTON o .� LOT 9 (NOW DELRAY BEACH) NORTH 20' OF LOT 10 LOT 16 l LOT 17 REMAINDER OF LOT 10 LOT 11 LOT 18 I. REVISIONS AVIROM & ASSOCIATES, INC. JOB#: 7753 -SA �¢ & ASSO SURVEYING & MAPPING SCALE: V F 50' 50 S, W. 2ND AVENUE, SUITE 902 DATE: 04/0712014 4 M BOCA RATON, FLORIDA 33432 By; M.M.K. TEL (561) 392-2594, FAX (569) 394-7925ROM-SLom CHECKED: M.D.A. </SHEb yea, VI ® www.AAVIROM ASS0� ES, INC. all dghisreseNed. F.B. N/A PG. N/A This sketch Is the property of AVIROM d ASSOCIATES, INC. and should not he repmduced arcopied Without written permission. SHEET 2 OF 2 N E 1ST CT 16 17 > 14 13 1 Til— 0 z 20 7 7 fo 7 cy) tr) a 04 (14 'A T L A N Ti C AVEN U E 6 KC 36 6 15 4 8 . . . . . . . . . . . Li Lc) 20 19 13 25 14 ST, m Ld LII 1 11 1-1 1 1ST Lcnj[77T7] F qi bi FIDED TY FEDERAL BAN 13 4 1 1 20 1 N SUBJECT PROPERTY FOURTH & FIFTH DELRAY PLANNING AND ZONING DEPARTMENT LOCATION MAP -- VIU11AL LAA5L MW SYSTEM -- MAP REF: S.'\Planning & Zcning\D8MS\f7lo—Cab\Z-U 1001-1500\LM1500—Fourth and Fifth Delray Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Stillings, Planning and Zoning Department Director THROUGH: Donald B. Cooper, City Manager DATE: July 21, 2015 Page 1 of 4 SUBJECT: AGENDA ITEM 8.A.1 -REGULAR COMMISSION MEETING OF AUGUST 18, 2015 RESOLUTION NO. 49-15: FOURTH AND FIFTH DELRAY ALLEY ABADONMENT BACKGROUND The alley right-of-way was dedicated by the plat of the Town of Linton (Block 101), which was recorded in Plat Book 1, Page 3, on March 25, 1910. That portion of the alley to be abandoned measures 16 feet wide and 208 feet long. It is noted that the development proposal includes the dedication of four feet from Lot 14 added to the east/west alley (length of 125.12) for a total alley width of 20 feet. The current development proposal is for a movie theater, offices, and retail. The current proposal includes the abandonment and creation of a dead-end for the north/south alley south of the project site. The abandonment was considered by the Planning and Zoning Board at its meeting of December 15, 2014. The Planning and Zoning Board postponed the abandonment and conditional use to February 23, 2015, with direction that the applicant address the concerns with respect to the dead -ending of the alley, traffic, and provision of a meaningful public plaza. At its meeting of February 23, 2015, the Planning and Zoning Board considered and approved a request by the applicant to postpone the item to May 18, 2015. The applicant indicated that this extension request was necessary to provide sufficient time to revise the plans to address the concerns. At its meeting of May 18, 2015, the Planning and Zoning Board considered another extension request from the applicant based on the same reasons. The Planning and Zoning Board approved the extension of the postponement to July 20, 2015. The applicant has indicated that the property immediately to the south (aka the Martini property — 59 SE 4th Avenue) along SE 4th Avenue will be acquired to provide a public access easement connecting to the north end of the remaining alley to SE 4th Avenue to address the concern of dead -ending of the alley. http ://agendas.inydelraybeach. com/B luesheet. aspx?ItemlD=9403 &MeetingID=574 10/1/2015 Coversheet Page 2 of 4 The two development proposals noted above were in response to a Request For Proposals (RFPs) issued by the Delray Beach Community Redevelopment Agency. In both RFPs, the CRA indicated that the subject north/south alley should be abandoned and incorporated into the development proposal. The alley is not identified in the Comprehensive Plan or the Downtown Delray Beach Master Plan for abandonment. However, the Downtown Master Plan adopted in 2002 does illustrate access to a 280 vehicle parking garage from both ends of the north/south alley. DISCUSSION Pursuant to LDR Section 2.4.6(M)(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 subject alley right -of way was dedicated by the plat of the Town of Linton subdivision and the owner of the adjacent properties to the east and west, which is the Community Redevelopment Agency, will receive both halves of the alley if abandoned. The City's Environmental Services Department (ESD) has reviewed the request and has no issues with the abandonment. The City has received notices from Comcast and Florida Public Utilities expressing concerns with the proposed abandonment and expects opposition from FP&L since these utility providers have existing facilities in the alley. A condition of approval is recommended requiring the applicant to resolve all concerns with service utilities providers prior to issuance of a building permit. Pursuant to LDR Section 2.4.6(M)(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. The existing alley right-of-way is paved and currently utilized by adjacent properties for vehicular cross access, deliveries, and solid waste removal. As noted in the background section of this report, the applicant has indicated that the property immediate to the south along SE 4th Avenue will be acquired and redeveloped to provide a dedicated vehicular access for the remainder of the north/south alley to SE 4th Avenue. While the proposed vehicular access does not maintain a connection to the east/west alley, it does maintain vehicular alley access for the remaining properties south of the subject development. A positive finding can be made subject to the condition that the Martini property be redeveloped to provide vehicular access to SE 4th Avenue from the alley. B) That the abandonment does not, nor will not, prevent access to a lot of record. The proposed abandonment does not prevent access to lots of record since the properties to the south of the proposed development would still have access via SE 4th Avenue, SE 5th Avenue, SE 1St Street, or the remaining portion of the alley. It does reduce the connectivity of the alley grid system. However, the vehicular access through the Martini property would provide two-way access to the remaining properties south of the proposed development. A http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemlD=9403&MeetinglD=574 10/1/2015 Coversheet Page 3 of 4 positive finding can be made subject to the condition that the Martini property be acquired and redeveloped to provide vehicular access to SE 4th Avenue from the alley. 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. Given the proposed vehicular access through the Martini property, the remaining properties south of the proposed development will not experience a significant detrimental impact from the proposed abandonment. This vehicular access will allow for two-way access to SE 4th Avenue so vehicles can exit the alley in a forward manner. A positive finding can be made subject to the condition that the Martini property be redeveloped to provide vehicular access to SE 4th Avenue from the alley. REVIEW BY OTHERS Courtesy Notices have been provided to the following groups and neighborhood associations: Delray Citizen's Coalition Mallory Square Ocean City Lofts Chamber of Commerce The Courtyards of Delray Downtown Development Authority Osceola Park The Planning Department has received the attached letters of opinion with the abandonment of the alley. Any correspondence received prior to the meeting will be provided at the City Commission meeting. RECOMMENDATION The Planning and Zoning Board considered the proposed abandonment at its meeting of July 20, 2015 and recommended 5 to 2 (Bird, Jacobson dissenting) denial of the abandonment. The majority position of the Board was that the elimination of the north/south connection to the east/west alley would have a detrimental impact to the traffic flow due to the loss of using the north/south alley as a by-pass when the east/west alley is blocked by delivery vehicles. The Planning and Zoning recommended the following action. Move denial of the request of the abandonment for a portion of the north/south alley right-of- way located within Block 101 of the Town of Linton Plat as referenced, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. http://agendas.mydelraybeach.com/Bluesheet.aspx?ltemlD=9403 &MeetinglD=574 10/1/2015 Coversheet Page 4 of 4 If the City Commission chooses to approve the abandonment of the alley, the following motion is recommended. Move approval of the request of the abandonment for a portion of the north/south alley right- of-way located within Block 101 of the Town of Linton Plat as referenced, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6 (M)(5) of the Land Development Regulations, subject to the following conditions: 1. That the Martini property be acquired and redeveloped to provide vehicular access to SE 4t" Avenue from the alley prior to issuance of a building permit. 2. That the applicant resolve any concerns of the affect utility service providers prior to issuance of a building permit. http://agendas.mydelraybeach.com/Blueshect.aspx?ItemID=9403 &MeetinglD=574 10/1/2015