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Res 42-06 /'~ 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" /'~ ~ PASSED AND ADOPTED ill regular seSSlOn , 2006. ATTEST: ~~.~~ City Clerk 2 on this the ~ of 8~l~ AY R Resolution No. 42-06 .-' ',-/ -:;--./ 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. -"_"_00, w > <C f---- Ul ...- . W Ul A TLAN TIC A VENUE 1"-"-"- -1 3 5 j 2 4 6 7 13 w > <( o Z N w en _.._.._....J L.._.._.._ N - CITY or DELRA Y BEACH, Fl PlANNING 6: ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- Q) 8 14 .-.1 lu (.) Q:: <c Q. '-'---'-'-'-' 9 71 71 15 .-.-.-.-1/.-. .-1/-.-.-.-.-. 10 16 11 1 7 12 18 S.E. 1 ST ST. 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. c6 dr I 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 R 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 ..~ --./ 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 -"-"-", 1"-"-"- _.._.._....J N - w Ul CITY or DELRAY BEACH, Fl PLANNING 6: ZONING DEPARTMENT - - DIGITAL BASE MAP SYSTEM -- -1 j 3 5 2 4 6 . W > <C 7 13 f---- en 8 14 ...- 9 71 71 15 ._._._.~_. .~._._._._. 10 16 11 1 7 12 18 S.E. 1ST ST. . w > <( o Z N I wi en' I I I I , I I L.._.._.._ BLOCK 77 PARCEL DESCRIPTIONS .~ 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. -- ~ w w - > > < < .... 0 ~ Z N OLD SCHOOL w Iffj, VA w @/lj), z z SOUARE I? ~ ($~ A T L A NT I C AVENUE - .. .. . on .. W 0 g ~ ~ ~ g w > J g g g > <( < jgj/L/j,f lOT 7 LOT l.3 &JU @[j) . I$@ lOT 8 LOT ,. lOT e LOT IS LOT 10 LOT 16 ~g~ LOT 11 A tr LOT 17 ... .0 ~ z I LOT 17 LOT 18 N S.L 1ST ST. I ,- . I 0 @lbllt Iff; r# < - I/'J 0 ?@ "i :;; II:' ...J V ~ - II:' w ...:; u.- t- vi vi w "'- I-- I-- N - 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 r ~I I ~~ I .-, -, I. 'i---.- I'oo.c -\ ;~z I f/#OIf""'l.~orLD:~ ....... q.. sr.p c.z.von./ (fd " 'i~ 1Q .... ., I ....""" .:Ar"1 ~ ,_"'-' ., ,. ~ ~ .- ~I ~ ;:,;.. ~I ~ . W vij I.1J . c . 735. ;~AA.r" ~"'......r 135.~ ~.~V ,.....ce .,,~f{ltI1Ie ! : ;. .. .. ~ r LOT 7 BL OCr. 77 . ~, I , I I I , I . I , I , I , I I I , I =s.C" ~-AT ~,.,...sunor.... Lor 4 ((B Lor 5 Lor 6 " L 0 C K 7' 7 / ~~ 'u;,:':,. I / '^ ~ K f 143.13."'_.... r (/' ,/_ C/~;-r- .../"",-;:7\"\ Z to. 16" PiA rrco ALLey Rlcur or !VA r .~ PA veu ~ """'1<1 f"l( or to'''o ~ O)~ ! " ~ ::::\3 ~ -..JC ~ -.}--..J t::l . i r..~ Ole ~c. -~ ...,.. "': ~\ ;i ~Ol !~ ~ " 0" -" .....- og --:.... tll " !e" .~ -u C':;) -'-.} tll .-'" /.-'" .~.,.,..., ~~"l I ,-I' '~!"'CUOut lIT" ~i -~ ~.;;...-\ '-~ OU -'~ t5 r : : ~ : " ,<-" ~~ -,,-' ::>0 ....15 "- ~" .....6 00 -'-.} tll LOT 13 BLOCK 77 ~J~A r I I ....,' ~ ~ ~'~ nr ~ ! ~ i