Res 47-06
RESOLUTION NO. 47-06
A RESOLUTION OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, VACATING AND
ABANDONING A 16' X 26' PORTION OF AN IMPROVED
NORTH-SOUTH ALLEYWAY LYING WITHIN BLOCK 76,
AS MORE PARTICULARLY DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CI1Y A UTILI1Y
EASEMENT FOR PUBLIC AND PRIVATE UTILITIES
OVER THE ENTIRE AREA THEREOF, AS MORE
PARTICULARLY DESCRIBED HEREIN
WHEREAS, an application for abandonment of a 16' x 26' portion of an improved
north-south alleyway lying within Block 76 of the plat of the Town of Linton, located north
of East Atlantic Avenue, between NE 1st Avenue and NE 2nd Avenue, as more particularly
described herein, was received by the City of Delray Beach; and
WHEREAS, the application for abandonment 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 Code of Ordinances of the City of Delray 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 June
19, 2006 and voted 6 to 0 (Chuck Halberg absent) to recommend approval of the
abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5), and
subject to conditions; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the changes are consistent
with and furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings
in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the resolution is
consistent with the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its
interest in the described property is no longer needed for the public good and deems it to be
in the best interest of the City of Delray Beach to vacate and abandon said right-of-way,
based upon positive findings pursuant to LDR Section 2.4.6(M)(5), but does not abandon
and retains and reserves unto itself a utility easement over the entire area thereof, as more
particularly described herein, for the purpose of emergency access and constructing and/or
maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities,
or any other facilities used for various public utilities whether owned by the City or private
corporations.
NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF
THE CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
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 alleyway purposes
only, but does not abandon and retains and reserves unto itself a utility easement over the
entire area thereof, more particularly described as follows:
Beginning at the southeast comer of said Lot 6, Block 76; thence N 00000' 34" E.
along the east line thereof, a distance of 26.00 feet; thence S 890 06' 52" E, a distance
of 16.00 feet to a point of intersection with the west line of said Lot 12, Block 76;
thence S.Ooo 00' 34" W along said west line, a distance of 26.00 feet to the southwest
comer of said Lot 12, Block 76; thence N 89006' 52" W, a distance of 16.00 feet to
the point of beginning.
Section 3. That the Delray Beach City Commission hereby retains and reserves unto
itself a utility easement over the entire abandonment area, for the purpose of emergency
access and constructing and/or maintaining, either over or under, the surface poles, wires,
pipes, sewers, drainage facilities, or any other facilities used for various public utilities
whether owned by the City or private corporations, more particularly described as follows:
Beginning at the southeast comer of said Lot 6, Block 76; thence N 00000' 34" E.
along the east line thereof, a distance of 26.00 feet; thence S 890 06' 52" E, a distance
of 16.00 feet to a point of intersection with the west line of said Lot 12, Block 76;
thence S.Ooo 00' 34" W along said west line, a distance of 26.00 feet to the southwest
comer of said Lot 12, Block 76; thence N 89006' 52" W, a distance of 16.00 feet to
the point of beginning.
2
Resolution No. 47-06
(
.:5;J;J;.SSED AND ADOPTED in regular session on this the ~day of
) .2~.
~lb
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A TrEST:
~_~~\J~~~
City Clerk
3
Resolution No. 47-06
DESCRIPTION:
A PORTION OF THAT CERTAIN 16 FOOT WIDE ALLEY LYING BETWEEN LOTS 6 AND 12, BLOCK 76,
THE CITY OF DELRA Y BEACH, FORMERLY "MAP OF THE TOWN OF LINTON, FLORIDA", AS PER PLAT
THEREOF ON FILE IN THE OFFICE OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, IN PLAT BOOK 1, PAGE 3, LYING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
CITY OF DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 6, BLOCK 76; THENCE N 00' 00' 34" E
ALONG THE EAST LINE THEREOF, A DISTANCE OF 26.00 FEET; THENCE S 89" 06' 52" E, A
DISTANCE OF 16.00 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF SAID LOT 12,
BLOCK 76; THENCE S 00" 00' 34" W ALONG SAID WEST LINE, A DISTANCE OF 26.00 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 12, BLOCK 76; THENCE N 89' 06' 52" W, A DISTANCE
OF 16.00 FEET TO THE POINT OF BEGINNING.
LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF
RECORD.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED
SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP,
OR OTHER INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF N89'06'52"W ALONG
THE SOUTH LINE OF LOTS 6 AND 12, BLOCK 76 OF SAID "MAP OF THE TOWN OF LINTON,
FLORIDA"
4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT
CONSTITUTE A FIELD SURVEY AS SUCH.
CERTlFICA TE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED
PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED
UNDER MY DIRECTION ON MARCH 17, 2006. I FURTHER CERTIFY THAT THIS SKETCH OF
DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6
ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA
STATUTES 472.027.
CAULFIELD a WHEELER, INC.
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
730lA W. PALMETTO PARK ROAD - SUITE 100A
BOCA RATON, FLORIDA 33433
PHONE (561)-392-1991 / FAX (561)-750-1452
SHEET 1 OF 2
DA TE 3 7 06
DRAWN BY JC
DHBH 11 PLAT
AllEY ABANDONMENT
SKETCH OF DESCRIPTION
DAVID P. LINDLEY F.B. PG. N A
REGISTERED LAND
SURVEYOR NO. 5005 SCALE AS SHOWN
STA TE OF FLORIDA
L.B. 3591 JOB NO. 4910aban
07/06/2006 10:27 FAX 5612437221
OELRAV BCH CONN IMP-P&Z
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GRAPHIC SCALE
(IN FEET)
''''''''20'
lOT 6
BLOCK 76
MAP OF THE TOWN OF
LINTON, FLORIDA
(PLAT BOOK " PAGE 3)
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LOT 12
BLOCK 76
MAP OF THE TOWN OF
LINTON. FLORIDA
(PLA T BOOK " PAGE 3)
EAST LINE OF' LOT 6 , BLOCK 76-
(BEARING BASIS)
-WEST LINE OF LOT 12 , BLOCK 76
S89"06'S2-E
16.00.
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gC'4 ~ yS.W. CORNER LOT 12, BLOCK 76
Z 'l~ . . en MAP OF THE TOWN OF LINTON, FLORIDA
/.0 (PLAT BOOK 1, PAGE 3)
POINT OF BEGINNING -----NB9"OS'S2.W
S.E. CORNER LOT 6, BLOCK 76 16 00' 16' ALLEY
MAP OF THE TOWN OF LINTON, FLORIDA. (PLAT BOOK " PAGE 3)
(PLAT BOOK " PAGE 3)
I I
LOT 14 I LOT 15 I LOT 16
I
BLOCK 76
I MAP Of THE TOWN OF
UNTON, FLORIDA
(PLAT BOOK " PAGE 3)
I I
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INC.
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DATE
03 07 06
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II
DHBH II PLAT
AllEY ABANDONMENT
SKETCH OF DESCRIPnON
--II
J'
DAVID P. LINDLEY
REGISTERED LAND
SURVEYOR NO. 5005
ST ATE OF FLORIDA
L.B. 3591
.Q8~~.JrL_)_C
F.B. PG. N A
SCALE AS SHOWN
JOB NO. 4910AAAN
5ti
TO:
THRU:
fROM:
SUBJECT:
DAVID T, HARDEN, CI~~G
PAUL DORLlNG, AICP, D1~O D ZONING
MARK MCDONNELL, AICP, ASSISTAN RECTOR
MEETING Of JULY 11,2006 *** CONSENT AGENDA ***
ABANDONMENT Of A 16' X 26' PORTION Of RIGHT-Of-WAY Of AN
IMPROVED NORTH-SOUTH ALLEYWAY LYING WITHIN BLOCK 76 Of THE
PLAT Of THE TOWN Of LINTON, LOCATED NORTH Of EAST ATLANTIC
AVENUE, BETWEEN NE 1ST AVENUE AND NE 2ND AVENUE,
The request involves the proposed abandonment of a portion of an improved north-south alley
right-of-way within Block 76 of the plat of the Town of Linton (Plat Book 1, Page 3). The
abandonment is associated with a proposed plat named DHBH #1 PLAT and is located north of
East Atlantic Avenue, south of NE 1 sl Street, between NE 1 sl Avenue and NE 2nd Avenue
(Pineapple Grove Way).
The portion of alleyway proposed for abandonment is a 16' x 26' rectangular shaped right-of-
way containing approximately 416 square feet (0.009 acre). The abandonment area represents
the south 26' of an improved north-south alley right-of-way within Block 76. The abandonment
request was submitted by DHBH Atlantic, LLC, the owners of building formerly known as Craig's
Furniture (aka Old School Square Bread Company site). The alleyway will be incorporated as
Tract "0" on the plat of DHBH #1 Plat to be utilized as additional parking for the existing
buildings to the south as well as future additions to those buildings. Additional background and
a complete analysis of the request are found in the attached Planning and Zoning Board report.
At its meeting of June 19, 2006, the Planning and Zoning Board considered the request at a
public hearing. The Board voted 6-0 (Chuck Halberg absent) to recommend to the City
Commission approval of the abandonment of a 16' X 26' portion of an improved north-south
alleyway lying within Block 76 based upon positive findings with respect to LOR Section
2.4.6(M)(5), subject to conditions. All conditions have been satisfactorily addressed.
By motion, recommend to the City Commission approval of the abandonment of a 16' x 26'
portion of an improved north-south alley right-of-way within block 76 of the plat of the Town of
Linton (PB 1, Pg 3), 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), Abandonment of Rights-of-Way, of the Land
Development Regulations.
Attachments:
. Planning & Zoning Staff Report of June 19,2006
. Resolution
~A~
RESOLUTION NO. 47-06
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 16' X 26' PORTION OF AN IMPROVED
NORTH-SOUTH ALLEYWAY LYING WITHIN BLOCK 76,
AS MORE PARTICULARLY DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY A UTILITY
EASEMENT FOR PUBLIC AND PRIV ATE UTILITIES
OVER THE ENTIRE AREA THEREOF, AS MORE
P ARTICULARL Y DESCRIBED HEREIN
WHEREAS, an application for abandonment of a 16' x 26' portion of an
improved north-south alleyway lying within Block 76 of the plat of the Town of Linton,
located north of East Atlantic Avenue, between NE 1 st Avenue and NE 2nd Avenue, as
more particularly described herein, was received by the City of Del ray Beach; and
WHEREAS, the application for abandonment 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 Code of Ordinances of the City of Delray 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
June 19, 2006 and voted 6 to 0 (Chuck Halberg absent) to recommend approval of the
abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5), and
subject to conditions; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and
Zoning Board, sitting as the Local Planning Agency, has determined that the changes are
consistent with and furthers the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the
findings in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the
resolution is consistent with the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that
its interest in the described property is no longer needed for the public good and deems it
to be in the best interest of the City of Delray Beach to vacate and abandon said
right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(M)(5), but
does not abandon and retains and reserves unto itself a utility easement over the entire
area thereof, as more particularly described herein, for the purpose of emergency access
and constructing and/or maintaining, either over or under, the surface poles, wires, pipes,
sewers, drainage facilities, or any other facilities used for various public utilities whether
owned by the City or private corporations.
RESOLUTION NO. 47-06
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
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 alleyway
purposes only, but does not abandon and retains and reserves unto itself a utility
easement over the entire area thereof, more particularly described as follows:
Beginning at the southeast corner of said Lot 6, Block 76; thence N 000 00' 34" E.
along the east line thereof, a distance of 26.00 feet; thence S 890 06' 52" E, a
distance of 16.00 feet to a point of intersection with the west line of said Lot 12,
Block 76; thence S.Ooo 00' 34" W along said west line, a distance of 26.00 feet to
the southwest corner of said Lot 12, Block 76; thence N 890 06' 52" W, a distance
of 16.00 feet to the point of beginning.
Section 3. That the Delray Beach City Commission hereby retains and reserves
unto itself a utility easement over the entire abandonment area, for the purpose of
emergency access and constructing and/or maintaining, either over or under, the surface
poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various
public utilities whether owned by the City or private corporations, more particularly
described as follows:
Beginning at the southeast corner of said Lot 6, Block 76; thence N 000 00' 34" E.
along the east line thereof, a distance of 26.00 feet; thence S 890 06' 52" E, a
distance of 16.00 feet to a point of intersection with the west line of said Lot 12,
Block 76; thence S.Ooo 00' 34" W along said west line, a distance of 26.00 feet to
the southwest corner of said Lot 12, Block 76; thence N 890 06' 52" W, a distance
of 16.00 feet to the point of beginning.
PASSED AND ADOPTED in regular session on this the _day of
,20_
MAYOR
ATTEST:
City Clerk
DESCRIPTION:
A PORTION OF THAT CERTAIN 16 FOOT WIDE ALLEY LYING BETWEEN LOTS 6 AND 12. BLOCK 76,
THE CITY OF DELRA Y BEACH, FORMERLY "MAP OF THE TOWN OF LINTON, FLORIDA", AS PER PLAT
THEREOF ON FILE IN THE OFFICE OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, IN PLAT BOOK 1, PAGE 3, LYING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 6, BLOCK 76; THENCE N 00' 00' 34" E
ALONG THE EAST LINE THEREOF, A DISTANCE OF 26.00 FEET; THENCE S 89. 06' 52" E, A
DISTANCE OF 16.00 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF SAID LOT 12,
BLOCK 76; THENCE S 00' 00' 34" W ALONG SAID WEST LINE, A DISTANCE OF 26.00 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 12, BLOCK 76; THENCE N 89' 06' 52" W, A DISTANCE
OF 16.00 FEET TO THE POINT OF BEGINNING.
LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS. AND RIGHTS-OF-WAY OF
RECORD.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED
SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP,
OR OTHER INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF N89'06'52"W ALONG
THE SOUTH LINE OF LOTS 6 AND 12, BLOCK 76 OF SAID "MAP OF THE TOWN OF LINTON,
FLORIDA"
4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT
CONSTITUTE A FIELD SURVEY AS SUCH.
CERTlFlCA TE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED
PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED
UNDER MY DIRECTION ON MARCH 17, 2006. I FURTHER CERTIFY THAT THIS SKETCH OF
DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17-6
ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA
STATUTES 472.027.
CAULFIELD a WHEELER, INC.
CIVIL ENGINEERING - LAND PLANNING
LANDSCAPE ARCHITECTURE - SURVEYING
730lA W. PALMETTO PARK ROAD - SUITE 100A
BOCA RATON, FLORIDA 33433
PHONE (561)-392-1991 / FAX (561)-750-1452
DAVID P. LINDLEY
REGISTERED LAND
SURVEYOR NO. 5005
STA TE OF FLORIDA
L.B. 3591
DHBH 11 PLAT
ALLEY ABANDONMENT
SKETCH OF DESCRIPll0N
SHEET 1 OF 2
OA TE 3 7 06
ORA WN BY JC
F.B./ PG. N A
SCALE AS SHOWN
JOB NO. 4910aban
07/06/2006 10:21 FAX 5612431221
DELRAV BCH COMM IMP-P&Z
III 001/001 I
~
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LOT 12
BLOCK 76
MAP OF THE TOWN OF
LINTON. FLORIDA
(PlA T BOOK 1, PAGE 3)
lOT 6
BLOCK 76
MAP OF THE TOWN OF
LINTON, FLORIDA
(PLAT BOOK " PAGE 3)
EAST LINE OF" LOT 6 , BLOCK 76-
(BEARING BASIS)
-WEST LINE OF LOT 12 . BLOCK 76
S89"OS'S2-E
16.00' .
.~ .~
~~~
" ore
PN
% yS S.W. CORNER LOT 12, BLOCK 76
" ' en MAP OF THE TOWN OF LINTON, FLORIDA
. (PLA T BOOK 1. PAGE 3)
POINT OF BEGINNING ------N89"06'52.W
S.E. CORNER LOT 6, SLOCK 76 1600' 16' AL.LEY
MAP OF THE TOWN OF' LINTON, FtORIDA. (PLA T BOOK 1, PAGE 3)
(PLAT BOOK 1, PAGE 3)
LOT 14
I
I
I
I
I
LOT 15
fW'
I
LOT 16
DHBH f1 PLAT
AllEY ABANDONMENT
SKETCH OF DESCRIPnON
~" F.B. PG. N A
DAVID P. LINDLEY
REGISTERED LAND -..----
- 1 SURVEYOR NO. 500G SCALE AS SHOWN
5T ATE OF FLORIDA --.---.-..
L.B. .3591 JOB NO. 4910ARAN
"-r-'-"---
I LOT 17
I
I
r"'/'~) I SHEET 2 OF 2
.1
" DA TE 03/.07 06
.Q(iAWN BY JC
BLOCK 76
MAP OF THE TOWN OF
LINTON, FLORIDA
(PLAT BOOK 1, PAGE 3)
I
INC.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
June 19, 2006
IV. A.
Abandonment of a 16' x 26' Portion of an Improved North-South
Alleyway Lying Within Block 76 of the plat of the Town of Linton,
Located north of East Atlantic Avenue, Between NE 1st Avenue and
NE 2nd Avenue.
TENNIS
STADIUM
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COMMUNITY ~ .
CEN TER
....-J
GENERAL DATA:
Owners..,.,................,.... Public OWnership
Applicant.......................... DHBH Atlantic; LLC.
Agent.........................,.... Caulfield & Wheeler, .
Mike Covelli
Location............,.............,.... North side of East Atlantic Avenue, between NE 1st Avenue &
NE 2nd Avenue
PropertySize........................ 0.009 Acre
Existing FLUM Designation.. Commercial Core
Current Zoning..................... CBD (Central Business District)
Adjacent Zonings........North: CBD
East: CBD
South: CBD
West: OSSHAD (Old School Square Historic Arts District)
Existing Land Use................ Improved alley right-of-way
Proposed Land Use............. Aggregation into adjacent lots to be used for additional parking
area.
Water Service...................... n/a with this request.
Sewer Service...................... n/a with this request.
.
't
The item before the Board is that of making a recommendation to the City Commission on the
proposed abandonment of a portion of an improved north-south alley right-of-way within Block
76 of the plat of the Town of Linton (Plat Book 1, Page 3). The abandonment is associated with
a proposed plat named DHBH #1 PLAT and is located north of East Atlantic Avenue, south of
NE 1st Street, between NE 1st Avenue and NE 2nd Avenue (Pineapple Grove Way).
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(M),
Abandonment of Rights-of-Way.
The entire 16' wide north-south alleyway of Block 76 was dedicated with the recordation of the
plat of the Town of Linton in 1896. The Town of Linton Plat is now known as the Town of
Delray and was recorded in Plat Book 1, Page 3 of the public records of Palm Beach County,
Florida.
Block 76 currently contains a surface parking lot constructed by the Community Redevelopment
Agency, restaurants, a fitness gym, and a retail store fronting on East Atlantic Avenue.
Adjacent and east of the north-south alleyway facing NE 2nd Avenue contains a small office
building utilized as an architect's office. Structures located on the north end of the block (Loves
Drugs, Costin's Flowers arid the old Goodwill building) were recently demolished to
accommodate the Old School Square Parking Garage, a proposed 523 space, five level, mixed
use parking garage.
At its meeting of December 21, 2005, the Historic Preservation Board approved a Class V site
plan for Old School Square Parking Garage on a portion of this block. The proposed
abandonment and replat of this property, and adjacent parcels to the south were conditions
stated within the Settlement Stipulation agreement. This agreement between the Delray Beach
Community Redevelopment Agency (CRA), DHBH Atlantic, LLC and 60 %, LLC involving a land
swap as part of the acquisition of the Craig's furniture building to accommodate a future urban
park.
,
The portion of alleyway proposed for abandonment is a 16' x 26' rectangular shaped right-of-
way containing approximately 416 square feet (0.009 acre). The abandonment area represents
the south 26' of an improved north-south alley right-of-way within Block 76.
The abandonment request was submitted by DHBH Atlantic, LLC, the owners of building
formerly known as Craig's Furniture (aka Old School Square Bread Company site). The
alleyway will be incorporated as Tract "D" on the plat of DHBH #1 Plat to be utilized as
additional parking for the existing buildings to the south as well as future additions to those
,buildings.
..
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.
Planning and Zoning Board Staff Report, June 19, 2006
Abandonment-DHBH
As previously mentioned, the alleyway was dedicated entirely within Block 76. By abandoning
this area, the alleyway will be divided at the center line and the property will be returned equally
to all abutting lots. The property ownership on each side of the alley is currently the CRA and
future conveyance to the applicant is anticipated.
Utilitv Services
The City's Fire Department reviewed the request and has no objection to the abandonment.
The City's Environmental Services Department (ESO) located an 8" sanitary sewer main and a
4" water main within the abandonment area. ESD stated that a utility easement must be
retained with the abandonment. Florida Power and Light, Florida Public Utilities Company
(Gas) and BellSouth have reviewed the request and have identified facilities within the
abandonment area. They all indicated that they do not object to the abandonment as long as
an easement is granted for existing facilities. Adelphia Cable has reviewed the request and has
no objection.
Due to the numerous facilities located within the abandonment area, a general utility easement
will be retained over the entire abandonment area. This will be a condition of approval.
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 for the use of the right-of-way for any
public purpose,
The 16' x 26' portion of alleyway proposed for abandonment is currently improved and is
being utilized as one point of access to the CRA Block 76 parking lot. By abandoning this
portion of alley right-of-way, there remains 5 other points of access to the CRA Block 76
parking lot. As previously mentioned, the City is in process of constructing the Old School
Square Parking Garage located on the northern end of this block. Properties were
exchanged between adjacent land owners (CRA, DHBH Atlantic, LLC and 60 ~, LLC) to
accommoaatetl'1e future city park located mid-block and the area proposed for
abandonment was included as part of this agreement. The public need for the use of the
right-of-way can be better served with the construction of the parking garage and future
park.
B) That the abandonment does not, nor will not, prevent access to a lot of record,
The subject abandonment will not prevent access to any parcel, as all affected parcels have
access from NE 1st Street, NE 1st Avenue and NE 2nd Avenue.
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,
An 8" Sanitary Sewer main and 4" water main are located within the abandonment area as
well as overhead electric identified by Florida Power & Light and aerial cables identified by
Bell South and a 2" Gas Main identified by Florida Public Utilities Company. The existing
utilities will be accommodated through the reservation of a general utility easement so that
2
Planning and Zoning Board Staff Report. June 19,2006
Abandonment-DHBH
the provision of utility services to adjacent properties or the general area will not be
affected.
The development proposal is within the geographical area reqUIring review by the CRA
(Community Redevelopment Agency) and normally the DDA (Downtown Development
Authority). The proposed abandonment is not within the geographical area requiring review by
the HPB (Historic Preservation Board).
CommunitvRedeveJopment Aaency
The CRA reviewed this abandonment request at its meeting of June 8, 2006 and recommended
approval.
Downtown. Development Authoritv
The DDA does not review this type of development proposal.
Courtesy Notices:
Courtesy notices have been provided to the following groups:
· PROD - Progressive Residents of Delray
· Presidents Council
· Neighborhood Advisory Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection or support, if any, will be provided at the Planning and Zoning
Board meeting.
As previously mentioned, the abandonment area is improved and is being utilized as one
access point into the parking lot; however, the abandonment would not cut off access into the
parking lot since 5 other access points exist. Further, an ingress/egress easement will be
provided over this area to allow public access to continue until such time as physical
improvements are made as part of the applicant's building expansion. The subject area is part
of a land exchange agreement between the CRA, DHBH Atlantic, LLC and 60 1/2, LLC to
acquire needed land to construct a future park associated with Old School Square Parking
Garage. All current utilities and future needs will be accommodated with the reservation of a
general utility easement.
1. Continue with direction.
2. Move approval of the request for the abandonment of a 16' x 26' portion of an improved
north-south alley right-of-way within Block 76 of the plat of the Town of Linton (PB 1, PG 3),
3
Planning and Zoning Board Staff Report, June 19, 2006
Abandonment-DHBH
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), Abandonment of Rights-of-Way, of the Land Development
Regulations, subject to conditions.
3. Move denial of the request for abandonment 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.
By motion, recommend to the City Commission approval of the abandonment of a 16' x 26'
portion of an improved north-south alley right-of-way within block 76 of the plat of the Town of
Linton (PB 1, Pg 3), 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), Abandonment of Rights-of-Way, of the Land
Development Regulations, subject to the following conditions:
1. That the Resolution abandoning the subject area includes language which establishes a
general utility easement and temporary ingress/egress easement over the entire
abandonment area.
Report Prepared by: Nguyen Tran, Senior Planner
AIDichments:
Location Map
Survey of Abandonment Area
Reduced Boundary Survey
Reduced Plat
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ABANDONMENT
(PORTION OF 16' ALLEYWAY WITHIN BLOCK 76, TOWN OF DELRAY)
CITY OF DELRA Y BEACH, Fl
PLANNING & ZONING DEPARTMENT
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