Res 42-06
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RESOLUTION NO. 42-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE EAST-WEST ALLEY
AND NORTH-SOUTH ALLEY LYING WITHIN BLOCK 77,
TOWN OF LINTON (NOW DELRA Y BEACH), AS
RECORDED IN PLAT BOOK 1, PAGE 3, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Dekay Beach, Florida, received an application for
abandonment of a portion of the east-west alley and north-south alley lying within Block 77, Town
of Linton, as more particularly described in Exhibit "A"; and
WHEREAS, said application for abandonment of a general public 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 Dekay Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(M) (3) (e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on December 13,
1999, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings
with respect to LDR Section 2.4.6(M)(5); and
WHEREAS, 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 Dekay Beach to vacate and abandon said right-of-way, based upon
positive findings pursuant to LDR Section 2.4.6(M) (5).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Dekay Beach City Commission to vacate and abandon all
right and interest it holds to the following real property for right-of-way purposes only, as more
particularly described as follows:
See Exhibit "A"
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PASSED AND ADOPTED ill regular seSSlOn
, 2006.
ATTEST:
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City Clerk
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Resolution No. 42-06
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Exhibit" AU
DESCRIPTION:
THAT PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY LYING SOUTH OF AND ADJACENT
TO LOTS 4, 5 AND 6; AND THAT PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY LYING
WEST OF AND ADJACENT TO LOTS 13, 14, 15, AND 16; AND THE NORTH 16.0 FEET OF
LOT 1; AND THE NORTH 16.0 FEET OF LOT 13; ALL BEING IN BLOCK 11, TOWN OF
LINTON (NOW DELRAY BEACH), ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
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BLOCK 77
PARCEL DESCRIPTIONS
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGE w~
PAUL DORLlNG, DIRECTOR OF PLANNING AND 0 ING
NGUYEN TRAN, SENIOR PLANNER
MEETING OF JUNE 20, 2006 ***CONSENT AGENDA***
APPROVE RESOLUTION NO. 42-06 ABANDONING A PORTION OF THE EAST-
WEST ALLEY AND NORTH-SOUTH ALLEY LYING WITHIN BLOCK 77, TOWN OF
LINTON (DELRAY) PLAT ASSOCIATED WITH THE WORTHING PLACE BLOCK
77 DEVELOPMENT.
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The east-west alleyway in Block 77 extends from S.E. 1st Avenue, on the west, to S.E. 2nd Avenue on
the east. The north-south alleyway extends from S.E. 1st Street on the south, to the east-west
alleyway on the north. The subject alley is made up of four parcels of land, each with their own legal
description (see attached map). The alleyway depicted on the map as Parcel A and Parcel B were
dedicated with the recordation of the Town of Linton Plat (PB 1, PG 3) in July of 1896. The additional
16' wide east-west alleyway depicted on the map as Parcel C and Parcel 0 were dedicated by a
right-of-way deed dated September 14, 1936 (Deed 533, Page 103). The property has an extensive
land use history and the following are the most recent land use actions regarding the subject
property.
At its meeting of December 13, 1999, the Planning and Zoning Board recommended approval of the
abandonment request based upon positive findings with respect to LOR Section 2.4.6(0)(5),
Abandonment of public rights-of-ways. At its meeting of January 4, 2000, the City Commission
approved the Conditional Use request for Worthing Place included the alley, with a density over 30
units per acre and a building height of up to 60 feet. At its meeting of May 24, 2000, the Site Plan
Review and Appearance Board granted site plan approval for a 219-unit, 12,292 square foot mixed
use development on the subject property.
At its meeting of May 15, 2005, the City Commission approved the Final Boundary Plat for Block 77.
The relocation and/or removal of existing utilities have been adequately addressed on the
engineering plans and all necessary easements have been provided on the plat. Additional
background and a complete analysis of the request are found in the attached Planning and Zoning
Board report. The abandonment was originally scheduled to be considered by the City Commission
in conjunction with final plat approval; however, the applicant requested that the item be pulled.
On December 13, 1999, the item was considered by the Planning and Zoning Board. Chairman Bird
opened the public hearing and no one from the public spoke. The Board voted 6-0 (Morris
abstained) to recommend approval of the abandonment of a portion of the east-west alley and north-
south alley lying within Block 77, Town of Linton, based upon positive findings with respect to LOR
Section 2.4.6(M)(5).
Approve Resolution No. 42-06 abandoning a portion of the east-west alley and north-south alley,
lying within Block 77, Town of Linton Plat, by adopting the findings of fact and law contained in the
Planning and Zoning staff report of December 13, 1999, 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),
Abandonment of Public Rights-of-Ways of the Land Development Regulations.
Attachments: Location Map, Abandonment Resolution, P&Z Staff Report of December 13, 1999
S:\Planning & Zoning\BOARDS\CITY COMMISSION\Worthing Place Abandonment-Block 77b.doc
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RESOLUTION NO. 42-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE EAST-WEST ALLEY
AND NORTH-SOUTH ALLEY LYING WITHIN BLOCK 77,
TOWN OF LINTON (NOW DELRA Y BEACH), AS
RECORDED IN PLAT BOOK 1, PAGE 3, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Dekay Beach, Florida, received an application for
abandonment of a portion of the east-west alley and north-south alley lying within Block 77, Town
of Linton, as more particularly described in Exhibit "A"; and
WHEREAS, said application for abandonment of a general public 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 Dekay Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on December 13,
1999, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings
with respect to LDR Section 2.4.6(M)(5); and
WHEREAS, the City Commission of the City of Delray Beach, Florida, fmds 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 fmdings pursuant to LDR Section 2.4.6(M)(5).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. 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 for right-of-way purposes only, as more
particularly described as follows:
See Exhibit "A"
ATTEST:
PASSED AND ADOPTED m regular seSSlon on this the _ day of
,2006.
MAYOR
City Clerk
2
Resolution No. 42-06
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Exhibit" AU
DESCRIPTION:
THAT PORTION OF THE 16 FOOT ALLEY RIGHT or WAY LYING SOUTH or AND ADJACENT
TO LOTS 4, 5 AND 6; AND THAT PORTION Of THE 16 FOOT ALLEY RIGHT OF WAY LYING
WEST OF AND ADJACENT TO LOTS 13, 14, 15, AND 16; AND THE NORTH 16.0 FEET OF
LOT 1; AND THE NORTH 16.0 FEET OF LOT 13; ALL BEING IN BLOCK 71, TOWN OF
LINTON (NOW DELRAY BEACH), ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
ATLANTIC AVENUE
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BLOCK 77
PARCEL DESCRIPTIONS
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner. ............ ...............
Applicant...................... ..
Agent....... ......... ..............
Location......................... .
Property Size..................
Future Land Use Map.....
Current Zoning................
Adjacent Zoning....North:
East:
South:
West:
.Existing Land Use...........
Proposed Land Use........
Water Service.................
Sewer Service.:...............
---STAFF REPORT---
December 13, 1999
V.D.
Abandonment of a Portion of the EastlWest and North/South Alleyways
within Block 77 in Conjunction with the Worthing Place -Development,
Located South of E. Atlantic Avenue, Between S.E. 1st Avenue & S.E. 2nd
Avenue.
City of Delray Beach
Block 77 Development Group,
L.C.
Michael Weiner, Esquire
South of E. Atlantic Avenue,
between S.E. 1st Avenue &
S.E. 2nd Avenue
0.262 Acre
Commercial Core
CBO (Central Business District)
CBD
CBO
CBO
OSSHAD (Old School Square
Historic Arts District) & CBD
Improved North/South and
EastlWest Alleyways
Abandonment of portions of the
alleyways in association with
the Worthing Place
Oevelopment.
Existing on Site.
Existing on Site.
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ITEM
OARD
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a portion of the east-west alley
and north-south alley lying within Block 77, Town of Linton (Oelray) Plat.
This right-of-way abandonment is being processed pursuant to LOR Section
2.4.6(M), Abandonment of Rights-of-Way.
The east-west alleyway in Block 77 extends from S.E. 1st Avenue, on the west, to
S.E. 2nd Avenue on the east. The north-south alleyway extends from S.E. 1st
Street on the south, to the east-west alleyway on the north. The subject alley is
actually made up of four parcels of land, each with their own legal description.
. Please see the attached "Parcel Descriptions" map.
Parcels "A" and "B" were dedicated with the recordation of the Town of Linton
(Oelray) Plat, dated July 29, 1896 (Plat Book 1, Page 3, of the Public Records of
Palm Beach County, Florida).
Parcels "C" and "0" represent the north 16.0 feet of Lots 7 & 13 (respectively),
Block 77, of said Town of Linton Plat, and were subsequently dedicated by a
right-of-way deed dated September 14, 1936 (according to Deed 533, Page 103,
of the public records of Palm Beach County, Florida).
The entire subject abandonment area is currently improved, and functions as
both an alleyway and circulation system I parking lot.
Parcel A: This portion of the subject alleyway is the east half of the original 16
foot east-west alley, lying directly adjacent to the south lines of Lots 4, 5, and 6 of
Block 77. Parcel "A" measures 16' x 143.13', and contains approximately 2,290
sqft.
Parcel B: Represents the portion of the 16-foot north-south alley, directly
adjacent to the west lines of Lots 13, 14, 15, and 16 of Block 77. Parcel "B"
measures 16' x 298.92', and contains approximately 4,783 sqft.
Parcel C: Parcel "C" is the north 16 feet of Lot 7, Block 77. Parcel "C" measures
16' x 135.14 and contains approximately 2,162 sqft.
Parcel D: Parcel "D" is the north 16 feet of Lot 13, Block 77. Parcel "0"
measures 16' x 135.13 and contains approximately 2,162 sqft.
Planning and Zoning Board Staff Report
Block 77 Alleyway Abandonment
Page 2
The abandonment request was submitted by the Block 77 Development Group,
which were chosen by the Community Redevelopment Agency (CRA) through a
Request for Proposal (RFP) process and subsequent contract, to develop a
mixed-use project on this block. The proposed project, known as 'Worthing
Place", will contain 219 residential units and 12,292 sqft. of retail in a six-story
structure. An associated parking garage is to be constructed on the adjacent
Block 69, and transferred to the City upon completion.
. Please see Reference Maps "B" & "0" for the following section.
The Block 77 Development Group currently owns: the south 9.5 feet of Lot 15;
Lot 16, the north 50.5 feet of Lot 11; and Lot 10. Through agreements and
contract with the CRA they will receive: the south 59.84 feet of Lots 4, 5, and 6;
the south 58 feet of Lots 7 & 13; Lot 14; and the north 65.2 feet of Lot 15. The
Block 77 Development Group also has Lots 8 and 9 under contract. The total
land area of the project, including subject alleyways, is 2.37 acres. The applicant
has concurrently submitted for Conditional Use Approval for the intended project.
The aggregated parcels will also require site plan and plat approval.
According to the aforementioned contract the applicant is to receive the
abandoned right-of-way on the closing date. In order to accommodate this
condition, the effective date of the abandonment resolution will be the closing
date of the contract.
Pursuant to LOR 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.
Accordingly, the Applicant is entitled to the entirety of the subject abandonment,
as they will be the fee simple owners of all adjacent lots, on the effective date of
the abandonment resolution.
Improvements in the Allev
. Please see Reference Map "e" for the following section.
Together, Parcels A, C, 0, and the portion of Parcel B adjacent to lots 7 & 13, in
conjunction with the west half of the platted 16' east-west alley (not part of the
abandonment proposal), the south 58 feet of Lots 7 & 13, and the south 59.84
feet of Lots 4, 5, & 6, currently function as both an alleyway (providing access
between S.E. 1st Avenue and S.E. 2nd Avenue, and to the rear of the G.R.I.P.
Building), and a public parking lot.
According to the aforementioned contract, Section XIII (0)(9) states that the
applicant shall execute and deliver a temporary easement to the City for the
Planning and Zoning Board Staff Report
Block 77 Alleyway Abandonment
Page 3
continued, unobstructed use of the existing 63 parking spaces, until such time
that the associated parking facility in Block 69 is completed and conveyed to the
City of Delray Beach.
The north-south alley is paved, and provides access to the rear of all parcels
lying south of the east-west alley.
Utilitv Services
The Environmental Services Department (ESD) has identified water & sewer
facilities in the subject area. ESD has stated that all facilities located in the
subject abandonment area will need to be relocated.
The Florida Public Utilities Company has identified a 2" natural gas main running
through Parcel "A", and a 1.25" natural gas main through Parcel "B". These
facilities will need to be relocated.
Florida Power & Light (FPL) has identified numerous existing facilities located in
the subject area, which include, but not limited to: 40 foot class 5 poles, two (2)
phases of primary overhead lines, multiple services drops, street light facilities,
and overhead transformers. FPL will require a ten (10) foot easement that
centers on the existing distribution facilities, or relocation of facilities.
BellSouth and Adelphia Cable have also identified existing utilities in the subject
abandonment area, and will require replacement easements or relocation.
The City's Fire Department has reviewed the request and has no objection to the
abandonment.
According to Section XIII (I) of the contract between the CRA and the Applicant:
Buyer further acknowledges that Buyer shall be required to provide, at
Buyer's expense, such utility easements or replacement easements for
the relocated utilities together with temporary easements to the utilities
and facilities on the property conveyed hereunder which temporary
easements shall be terminated on the relocation of said utilities and the
City's receipt of the permanent easements thereby as the City and
applicable utilities may reasonably require. Buyer shall be responsible
for all costs of relocating and substituting any required utilities.
Satisfactory disposition of all utility issues, according to the terms and conditions
of the aforementioned contract will be a condition of approval for this
abandonment.
Planning and Zoning Board Staff Report
Block 77 Alleyway Abandonment
Page 4
REQUIRED FINDINGS
Pursuant to LOR 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 tor the use ot the right-ot-way
tor any public purpose.
Currently, water & sewer mains, Florida Public Utilities, Florida Power & Light,
Adelphia Cable and BellSouth services are located within the subject
alleyway. As per the terms and conditions of the aforementioned contract,
the applicant is responsible to grant replacement easements and/or provide
for the relocation of existing utilities. The contract specifically states that the
applicant will be responsible for all associated costs of this process.
B) That the abandonment does not, nor will not, prevent access to a lot ot
record.
The subject alley will not prevent access to any adjacent parcel, as all
affected parcels will be owned by the applicant, and incorporated into the
development plan.
Primary access to all parcels within Block 77 from S.E. 1st & 2nd Avenues and
S.E. 1st Street will not be affected from the proposed abandonment. In
addition, parcels not included in the proposal that currently utilize the
alleyway for secondary access will maintain this ability via the remaining
portion of the alleyways.
However, the proposed abandonment will result in the remaining portions of
both the east-west alley and the north-south alley becoming dead-ends. The
current site plan shows adequate turn-around areas at the interior terminus of
each alleyway. The adequate provision of turn-around areas, through the site
plan approval, 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.
As noted above, access will continue to be provided to the parcels on the
south end of the block via S.E. 1st & 2nd Avenues, S.E. 1st Street, and the
remaining portion of the north-south alley. The GRIP Building will retain their
present access to the rear of their building from S.E. 1st Avenue and the
remaining portion of the east-west alley. Adequate turn around will be
provided at the terminus of each alley.
All utilities currently located in the subject alley will be 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
Block 77 Alleyway Abandonment
Page 5
RE
BY OTHERS
The development proposal is within the geographical area requiring review by the
CRA (Community Redevelopment Agency), and the DDA (Downtown
Development Authority). The CRA considered the Worthing Place mixed-use
development at its October 28th meeting, and recommended approval. The DDA
also recommended approval after reviewing the development proposal at the
October 20th meeting.
The development proposal is not within a geographical area requiring review by
the HPB (Historic Preservation Board).
Courtesy Notices:
In conjunction with the concurrent conditional use request, numerous courtesy
notices were provided to homeowner associations and other groups. A complete
list of recipients can be referenced in the conditional use file.
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.
By abandoning this area to private interests, the City is fostering growth and the
redevelopment of the downtown. As the purpose of the abandonment is to
incorporate the vacated area with the adjacent parcels in an overall mixed-use
development plan, surrounding business owners will benefit from the increased
customer base. The abandonment will not prevent access to adjacent lots of
record. Disposition of existing utility services located within subject area must be
addressed as per the terms and conditions of the contract between the applicant
and the CRA. Utility services will also be addressed with the site plan and plat
submittals. Inclusion of adequate turnarounds for the remaining portions of the
alleyway system must be addressed in the site plan.
Planning and Zoning Board Staff Report
Block 77 Alleyway Abandonment
Page 6
1. Continue with direction.
2. Recommend to the City Commission approval of the abandonment subject to
positive findings with respect to LOR Section 2.4.6(M)(5).
3. Recommend to the City Commission denial of the abandonment based upon
a failure to make positive findings with respect to LOR Section 2.4.6(M)(5).
By motion, recommend to the City Commission approval of the abandonment of
a portion the east-west alley and north-south alley lying within Block 77, Town of
Linton (Oelray) Plat, based upon positive findings with respect to LOR Section
2.4.6(M)(5).
Attachments:
. Location Map
. Block 77 Reference Map
. Block 77 Parcel Descriptions Map
. Reduced Survey
File: S:\Planning&Zoning\Boards\P&Z\Block77 Aban .doc
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