Res 14-03RESOLUTION NO. 14-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE 16 FOOT
NORTH/SOUTH ALLEY RIGHT-OF-WAY LYING WITHIN
BLOCK 2, ATLANTIC PINES, AS MORE PARTICULARLY
DESCRIBED HEREIN, BUT RESERVING AND RETAINING
TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE
AREA THEREOF, AS MORE PARTICULARLY DESCRIBED
HEREIN.
abandonment
Atlantic Pines,
WHEREAS, the City of Delray Beach, Florida, received an application for
of a portion of the 16 foot north/south alley right-of-way lying within Block 2,
as more particularly described herein; and
WHERFakS, said application for abandonment of a general public right-of-way was
processed pursuant to Section 2.4.6(0), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on February 24,
2003, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings
with respect to LDR Section 2.4.6(0)(5), and subject to the condition that a general utility easement
be retained over the entire area; 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 fight-of-way, based upon
positive findings pursuant to LDR Section 2.4.6(0)(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 CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it 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, but does not
abandon and retains and reserves unto itself a utility easement over the entire area thereof, 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:
THE 16 FOOT AI.I.EY RIGHT-OF-WAY LYING EAST OF
AND ADJACENT TO LOTS 21 THROUGH 29, INCLUSIVE,
BLOCK 2, AND WEST OF AND ADJACENT TO LOTS 12
THROUGH 20, INCLUSIVE, BLOCK 2, ATLANTIC PINES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 13, PAGE 77 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
Containing 5,674 square feet (0.13 acre), more or less.
~x __PASSED AND ADOPTED in regular session
,2003.
on this the
day of
ATI~ST:
MAYOR
City Clerk
2 RES. NO. 14-03
N.W. 15T ST.
~ I LOT 2'1 I LOT 20 ~
LOT 29 } LOT 12
~ kOT ~2 kOT 9
~o LOT 1
ATLANTIC AVENUE
~ (~sociat~d with Gommuni~ ~mitiv, Baptist ¢hurch)
LOT 2~ LOT 20
LOT 29 ~ LOT 12
LOT 32 LOT 9
TO:
THRU:
FROM:
SUBJECT:
PA[JL DORLING, I;)II~ECTOR OF PLANNING AND ZONING
NGUYEN TRAN, SENIOR PLANNER(// ~"~~~4:~-- -
MEETING OF MARCH 13, 2003 *CONSENT AGENDA*
ABANDONMENT OF A PORTION OF THE 16 FOOT NORTH/SOUTH ALLEY
RIGHT-OF-WAY LYING WITHIN BLOCK 2, ATLANTIC PINES, LOCATED ON
THE NORTH SIDE OF W. ATLANTIC AVENUE, BETWEEN NW 10TM AVENUE
AND NW 11TM AVENUE.
A Site Plan Modification was submitted for the site which showed improvements within this
alleyway. At its meeting of March 13, 2002, the Site Plan Review and Appearance Board
approved a Class IV Site Plan Modification with a condition that an application for alley
abandonment be submitted and approved.
The request involves abandoning a 16' x 355' rectangular shaped parcel containing
approximately 5,680 square feet (0.13 acre). The abandonment area represents a portion of
an unimproved north-south alleyway within Block 2 of Atlantic Pines subdivision.
The abandonment request was submitted by Mr. Jimmy Weatherspoon on behalf of the
Community Primitive Baptist Church, the owner of Lots 12, 13, 27 and 28, Block 2 of Atlantic
Pines. The applicant intends to aggregate the subject area adjacent to these lots to be used
as additional parking for the Community Primitive Baptist Church. The remainder of the
northern extension will be divided evenly to adjacent property owners.
This portion of alley along with its northern extension to NW 1st Street is now before the
commission for consideration.
At its meeting of February 24, 2003, the Planning and Zoning Board considered the request
at a public hearing. There was no public comment concerning the proposed abandonment.
After reviewing the staff report and discussion, the Board voted 6 to 0 to recommend
approval, with the condition that the Resolution abandoning the subject area includes
language which establishes a utility easement over the entire abandonment area.
By motion, approve the abandonment of a portion of the 16 foot north/south alley right-of-way
lying within Block 2, Atlantic Pines, based upon positive findings with respect to LDR Section
2.4.6(0)(5) subject to the conditions mentioned above.
Attachments:
· Location Map
· Abandonment Resolution
· P & Z Staff Report of February 24, 2003
s:\planning & zoning\boards\city commission\community primitive baptist church abandonment.doc
RESOLUTION NO. 14-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE 16 FOOT
NORTH/SOUTH ALLEY RIGHT-OF-WAY LYING WITHIN
BLOCK 2, ATLANTIC PINES, AS MORE PARTICULARLY
DESCRIBED HEREIN, BUT RESERVING AND RETAINING
TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE
AREA THEREOF, AS MORE PARTICULARLY DESCRIBED
HEREIN.
abandonment
Atlantic Pines,
WHEREAS, the City of Delray Beach, Florida, received an apphcation for
of a poruon of the 16 foot north/south alley right-of-way lying within Block 2,
as more particularly described herein; and
WHEREAS, said application for abandonment of a general public right-of-way was
processed pursuant to Secuon 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Secuon 2.4.6(O)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on February 24,
2003, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings
with respect to LDR Section 2.4.6(O)(5), and subject to the conchtion that a general utihty easement
be retained over the entire area; and
WHEREAS, the City Commission of the Cxty of Delray Beach, Florida, £mds that
its interest m 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(0)(5), but does not abandon and retains and
reserves unto itself a unhty easement over the enure area thereof, as more particularly described
hereto, for the purpose of emergency access and constructing and/or maintaining, either over or
under the surface poles, wires, pipes, sewers, drainage facilittes, or any other facfiines used for
various pubhc uuhfies whether owned by the City or private corporaUons.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Secuon 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Delray Beach City Conmusslon to vacate and abandon all
right and interest it holds to the following real property for right-of-way purposes only, but does not
abandon and retains and reserves unto itself a utthty easement over the enttre area thereof, for the
purpose of emergency access and construcnng and/or maintaining, either over or under, the surface
poles, wires, pipes, sewers, drainage facilities, or any other facihues used for various pubhc ufihties
whether owned by the City or private corporations, more particularly described as follows:
Resolution No. 14-03
THE 16 FOOT ALLEY RIGHT-OF-WAY LYING EAST OF
AND ADJACENT TO LOTS 21 THROUGH 29, INCLUSIVE,
BLOCK 2, AND WEST OF AND ADJACENT TO LOTS 12
THROUGH 20, INCLUSIVE, BLOCK 2, ATLANTIC PINES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 13, PAGE 77 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
Containing 5,674 square feet (0.13 acre), more or less.
PASSED AND ADOPTED m regular session on tlus the
,2003.
day of
ATTEST:
MAYOR
City Clerk
Resoluuon No. 14-03
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
February 24, 2003
IV.B.
Abandonment of a Portion of the 16 Foot Wide North-South
Alleyway Lying Within Block 2, Atlantic Pines, Located on the North
Side of West Atlantic Avenue, Between NW 10th Avenue and NW
11th Avenue (Quasi-Judicial Hearing).
Owner/Applicant .................... Community Primitive
Baptist Church
Agent .................................. Jimmy Weatherspoon
Location .................................. North side of West Atlantic
Avenue, between N.W.
10th Ave. and N.W. 1 lt'
Ave.
Property Size .......................... 0.13 Acre
Future Land Use Map ............ LD (Low Density
Residential, 0 - 5
Units/Acre)
Current Zoning ........................ R-I-A (Single Family
Residential)
Adjacent Zoning ............ North: R-I-A
East: R-I-A
South: GC (General Commercial)
West: R-I-A
Existing Land Use .................. Unimproved alley right-of-
way
Proposed Land Use ................ Abandonment of a portion
of the north-south alleyway
to be aggregated into
abutting properties for
additional land.
Water Service ......................... n/a
Sewer Service ......................... n/a
1 ST ST.
ATLANTIC AVENUE
S.W. 1 ST ST.
IV.B.
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a 16' x 355' northern portion of an
unimproved north-south alley right-of-way within Block 2 of the plat of Atlantic
Pines (Plat Book 13, Page 77) associated with the Community Primitive
Baptist Church. The alleyway is located on the north side of West Atlantic
Avenue, south of N.W. 1't Street, between N.W. 10th Avenue and N.W. 11th
Avenue.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
The entire 16' north-south alleyway was dedicated with the recordation of the
plat of Atlantic Pines (Plat Book 13, Page 77) in December of 1925.
The Community Primitive Baptist Church's property consists of Lots 12, 13, 27
and 28, Block 2 of Atlantic Pines and is divided by a portion of this 16' north-
south alleyway. The portion of the property west of the alley (lots 27 and 28)
received conditional use approval on May 10, 1976 and contains a 1,610 square
foot church with a 48 person seating capacity, and 17 parking spaces. The
property east of the alley (lots 12 and 13) is utilized as a parking area. A chain
linked fence surrounds the entire church property including the alleyway which
bisects the east and west parcels.
An application was submitted for a conditional use modification to expand the
existing church and construct additional parking facilities to provide a total of 30
parking spaces on site. At its meeting of December 18, 2000, the Planning and
Zoning Board recommended approval of the conditional use modification
request, subject to conditions, and on January 2, 2001, the City Commission
approved the conditional use modification, subject to conditions.
A Site Plan Modification was submitted for the site which showed improvements
within the alleyway. At its meeting of March 13, 2002, the Site Plan Review and
Appearance Board approved a Class IV Site Plan Modification with a condition
that an application for alley abandonment be submitted and approved. This
portion of the alley along with its northern extension to N.W. 1s~ Street is now
before the Board for consideration.
The portion of alleyway proposed for abandonment is a 16' x 355' rectangular
shaped parcel containing approximately 5,680 square feet (0.13 acre). The
Planning and Zoning Board Staff Report
Community Primitive Alley Abandonment
Page 2
abandonment area represents a portion of an unimproved north-south alleyway
within Block 2 of Atlantic Pines subdivision.
The abandonment request was submitted by Mr. Jimmy Weatherspoon on behalf
of the Community Primitive Baptist Church, the owner of Lots 12, 13, 27 and 28,
Block 2 of Atlantic Pines. The applicant intends to aggregate the subject area
adjacent to these lots to be used as additional parking for the Community
Primitive Baptist Church. The remainder of the northern extension will be divided
evenly to adjacent property owners.
Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned
(returned) to the adjacent property to the same degree in which it was
originally obtained, i.e. property dedicated exclusively from a single parcel
shall be returned to that parcel; property dedicated through subdivision
shall be divided at the center line and returned equally to abutting parcels.
The entire north-south alley right-of-way was dedicated from the plat of Atlantic
Pines. The proposed abandonment area represents the northern 355' portion
of the total 475' long alleyway. The southern 120' portion of the alleyway is
currently being utilized by the owner of Lots 31 and 32; therefore, this portion will
not be abandoned. Lots 12 through 20 abut the abandonment area on the east
and Lots 21 through 29 abut the abandonment area on the west. By abandoning
this area, the alleyway will be divided at the center line and the property will be
returned equally to all abutting lots.
Utility Services
Adelphia Cable, BellSouth, and the Florida Public Utilities Company did not
identify any facilities within the abandonment area; therefore, they have no
objection to the abandonment. Florida Power and Light (FP&L) has identified
overhead facilities located near the western boundary of the proposed
abandonment area. FP&L has indicated that they do not object to the
abandonment as long as a 10' wide general utility easement is granted.
The City's Environmental Services Department (ESD) did not locate any water or
sewer lines within the abandonment area. ESD and the City's Fire Department
have no objection to the abandonment.
Pursuant to LDR Section 2.4.6(O)(5), prior to any right-of-way abandonment
being approved, the following findings must be made:
Planning and Zoning Board Staff Report
Community Primitive Alley Abandonment
Page 3
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 355' portion of alleyway proposed for abandonment is currently
unimproved and is not being utilized for any means of access other than
cross access between Church owned property on both sides of the alleyway.
The City has no plans to utilize this portion of alleyway for any other public
purpose.
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 will still have primary access from N.W. 10t~ Avenue and
N.W. 11Ih Avenue. As previously mentioned earlier in this report, the
southern 120' of alley right-of-way will remain due to the utilization of this
portion by the owner of Lots 31 and 32 for secondary access.
C) That the abandonment will not result in detriment to the provision of
access and/or utility services to adjacent properties or the general area.
No City Utilities have been located within the abandonment area. Flodda
Power & Light have identified existing overhead electric within the
abandonment area. The existing utilities will be accommodated through the
reservation of a general utility easement so that 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. The proposed abandonment is
not within the geographical area requiring review by the DDA (Downtown
Development Authority) or HPB (Historic Preservation Board).
Community Redevelopment Aaencv
The CRA reviewed this abandonment request at its meeting of January 23, 2003
and recommended "Approval".
Courtesy Notices:
Courtesy notices have been provided to the following groups:
PROD - Progressive Residents of Delray
Presidents Council
West Side Heights Homeowners Association
Gateway Homeowners Association
Planning and Zoning Board Staff Report
Community Primitive Alley Abandonment
Page 4
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 unimproved and is not being
utilized for any means of access other than cross access between Church owned
property on both Sides of the alleyway. The subject area is not needed nor will it
be needed for any public purpose and the City has no immediate future plans on
improving this alleyway. Access will not be prevented to any lot of record and no
City utilities currently exist. With the reservation of a general utility easement,
the existing FP&L overhead facilities and any future utilities will be
accommodated.
Continue with direction.
Recommend to the City Commission approval of the abandonment subject to
positive findings with respect to LDR Section 2.4.6(0)(5).
Recommend to the City Commission denial of the abandonment based upon
a failure to make positive findings with respect to LDR Section 2.4.6(0)(5).
By motion, recommend to the City Commission approval of the abandonment of
the 16' x 355' northern portion of alley right-of-way, lying within Block 2 of the plat
of Atlantic Pines, based upon positive findings with respect to LDR Section
2.4.6(0)(5), subject to the following condition:
1. That the Resolution abandoning the subject area includes language which
establishes a utility easement over the entire abandonment area.
Attachments:
· Location Map
· Reduced Survey
File: S:\Planning&Zoning\Boards\P&Z\Community Primitive Alley Abandonment.doc
N.W. 1ST ST.
I
j LOT 21 I LOT 20
I
; LOT 29 ~ LOT 12
- I i LOT 32 LOT g
I ~ i
~ ~ LQT 1
ATLANTIC AVENUE
I
ABANDONMENT
I
~ (A~oeiated ~ith Community P~mitive Baptist Church)
~*,.~ * ~,*~ ~*~* Lots ~2-29. Inclusive, Block 2 of Atlan~e Pine~ Subdivision
LOT 21 LOT 20
LOT 29 ~ LOT 12
LOT ,.32 LOT g
,,'/
[lTVDELRL V BEI:iEH
DELRAY BEACH
lUI-AmericaC~
1993
2001
CITY CLERK
100 N.W. lstAVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000
CERTIFICATION
I, CHEVELLE D. NLrBIN, Acting Deputy City Clerk of the City of
Delray Beach, do hereby certify that the attached document is a true and
correct copy of Re~olution No. 14-03, as the same was passed and adopted by
the Delray Beach City Commission in regular session on the 13th day of
March, 2003.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 17th day of
March, 2003.
Chevelle D. Nubin
Acting Deputy City Clerk
City of Delray Beach, Florida
(SEAL)
Pnnte~ ~¢~ Recycled Pape,
THE EFFORT ALWAYS MATTERS