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Res 24-03RESOLUTION NO. 24-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF Dt~.I.RAY BEACH, FLORIDA VACATING AND ABANDONING A 7-FOOT WIDE PEDESTRIAN INGRESS-EGRESS TRACT, LOCATED ON THE SOUTH SIDE OF ABANDONED ROYAL PALM BOULEVARD, APPROXIMATELY 550' EAST OF NORTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida received an application for abandonment of a 7-foot wide pedestrian ingress-egress tract, as more particularly herein; and WHEREAS, the application for abandonment of said alley 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 Deiray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(0)(3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on August 19, 2002 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 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 Deiray Beach to vacate and abandon said right-of-way based upon positive findings pursuant to LDR Section 2.4.6(0)(5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Section 177.101 (5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all fight and interest it holds to the following real property, as more particularly described as follows: TRACT "B" AS SHOWN ON THE PLAT OF ESTUARY II, AS RECORDED IN PLAT BOOK 93, PAGES 129-130, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Containing 2,379 square feet (0.055 Acres), more or less. PASSED AND ADOPTED in regular session on this the /~4- day of April, 2003. AT-FEST: City Clerk KOKOMO KEY ALLEN AVE. ROYAL PALM BLVD. 7' WIDE PEDESi EASTVIEW AVE. 'THE LAKE AVENUE N. LAKE AVENUE S. [ DENERY LANE N CITY OF 0£LRAY B£AC~H, F-L PLANNING & ZONING O£PARTMEN"f - ABANDONMENT - (7' WIDE PEDESTRIAN INGRESS/EGRESS TRACT) -- DIGITAZ ~AS£ MAP S~ST£M -- ! i,~ i,~li,~li, li,~!l,~ II:~!!'~, .l. Gill ff.] il.~ i~i~ ill ii]Glill ~ Iii I AII-AmedcaCity 1993 2001 CITY CLERK 100 N,W. 1st AVENUE CERTIFICATION DELRAY BEACH, FLORIDA 33444 551/243-7000 I, BARBARA GARITO, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 24'03, as the same was passed and adopted by the De]ray Beach City Commission in regular session on the 15th of April, 2003. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 16th day of April, 2003. Barbara Garito City Clerk City of Delray Beach, Florida (SEAL) THE EFFORT ALWAYS MATTERS Prlr~ted On Rec~.'c~ed Paper I TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVID T. HARDEN, CITY MANAGER~c~.,cx~ ~, PAUL DORLING, DIRECTOR OF PLANNING AND Z~[.NJNG NGUYENTRAN, SENIORPLANNER ;~.~~--,~ _ MEETING OF APRIL15, 2003 *CONSENT AGENDA* ABANDONMENT OF A 7' WIDE PEDESTRIAN INGRESS-EGRESS TRACT OF ESTUARY II PLAT, LOCATED ON THE SOUTH SIDE OF ABANDONED ROYAL PALM BOULEVARD, APPROXIMATELY 550' EAST OF NORTH FEDERAL HIGHWAY. BACKGROUND The request involves abandoning a 7-foot wide pedestrian ingress-egress tract (Tract "B"), as dedicated on Estuary II plat (Plat Book 93, Pages 129-130), located along the western and southern limits of this plat. The subject area is an "L" shaped pamel containing 2,379 square feet (0.055 acre) and was to be used as a continuation of a bike path from the Estuary development connecting Royal Palm Boulevard and Palm Trail. On May 20, 2002, the Planning and Zoning Board approved a Master Development Plan for a residential development known as "Old Palm Grove", which is located west of and adjacent to the Estuary and Estuary II developments. As part of the Master Development Plan for Old Palm Grove, the bike path, previously described, will be re-routed from Lake Avenue North through the Old Palm Grove development by means of an access tract (dedicated on the plat of Old Palm Grove), therefore, "Tract B" is no longer needed to serve this purpose. The applicant also submitted for an abandonment of a portion of a 6' wide perimeter sidewalk easement, which connects to the south terminus of this ingress-egress tract, which is currently being processed as a separate request. The land dedicated as a 6' wide perimeter sidewalk easement and the 7' wide pedestrian ingress-egress tract are both to be incorporated as part of Old Palm Grove Development. Currently the tract and easement are vacant and the bicycle/sidewalk paths have not been constructed. The City's Environmental Services Department (water & sewer service), Florida Public Utilities Company (gas service), Florida Power & Light, BellSouth, and Adelphia Cable have reviewed the request, and have no objection to the abandonment. At its meeting of August 19, 2002, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning this item. After reviewing the staff report and further discussion, the Board voted 6-0 to recommend approval (Dwayne Randolph - Absent). RECOMMENDED ACTION By motion, approve the abandonment of a 7' wide pedestrian ingress-egress tract (Tract "B" of Estuary II plat, Plat Book 92, Pages 129-130), based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachments: · Abandonment Resolution · P&Z Staff Report of August 19, 2002 S ~boards~3tycomm~ss~on\Estuary II I~ke Path Aband (Tract B)doc RESOLUTION NO. 24-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA VACATING AND ABANDONING A 7- FOOT WIDE PEDESTRIAN INGRESS-EGRESS TRACT, LOCATED ON THE SOUTH SIDE OF ABANDONED ROYAL PALM BOULEVARD, APPROXIMATELY 550' EAST OF NORTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida received an application for abandonment of a 7-foot wide pedestrian ingress-egress tract, as more particularly herein; and WHEREAS, the application for abandonment of said alley right-of-way was processed pursuant to Section 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 Section 2.4.6(0)(3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public heating on August 19, 2002 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 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(0)(5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Section 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, as more particularly described as follows: TRACT "B" AS SHOWN ON THE PLAT OF ESTUARY II, AS RECORDED IN PLAT BOOK 93, PAGES 129-130, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Containing 2,379 square feet (0.055 Acres), more or less. PASSED AND ADOPTED in regular session on this the __ day of April, 2003. ATTEST: MAYOR City Clerk PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: August 19, 2002 IV.E. Abandonment of a 7-Foot Wide Pedestrian Ingress-Egress Tract (Tract B, Estuary II Plat), Located on the South Side of Royal Palm Boulevard, Approximately 550 Feet East of North Federal Highway (U.S. 1 ). GENERAL DATA: Owner/Applicant ...................... Delray Estuary, L.C. Agent .................................... New Urban / RFC Developers, LLC. Location ...................................... South side of Royal Palm Blvd., approximately 550' east of North Federal Highway (U.S. 1) Property Size .............................. 2,379 sq. ft. (0.055 Acre) Adjacent Zoning ................ North: RM (Multiple Family Residential-Medium Density) & PRD East: RM South: RL (Multiple Family Residential-Low Density) West: RM Existing Land Use ...................... Vacant right-of-way Proposed Land Use .................... Abandonment of 7' wide ingress-egress tract to be incorporated into adjacent development. Water Service ............................. N/A Sewer Service ............................. N/A ~ DELRA Y'S LOST DRIVE-IN , BOND WAY IV.E. BEFORE The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a 7' wide pedestrian ingress- egress tract, "Tract B" of Estuary II Plat (PB 93, PGS 129-130), located on the south side of Royal Palm Boulevard, approximately 550' east of North Federal Highway (U.S. 1). This abandonment is being processed pursuant to LDR Section 2.4.6(O), Abandonment of Rights-of-Way. In February of 2002, the plat for a 22-unit, townhouse development was recorded by the name of "Estuary Il". Estuary II development was a westerly addition to an 82-unit townhouse development named the "Estuary". According to the plat of Estuary II, "Tract B" (located along the southern and western limits of this plat, south of Royal Palm Boulevard), was dedicated to the City of Delray Beach with the right of the public to access and utilize this tract for pedestrian ingress and egress. This tract was to be used as a continuation of a bike path from the Estuary development connecting Royal Palm Boulevard and Palm Trail. On May 20, 2002, the Planning and Zoning Board approved a Master Development Plan for a residential development known as "Old Palm Grove", which is located west of and adjacent to the Estuary and Estuary II developments. As part of the Master Development Plan for Old Palm Grove, the bike path, previously described, will be re-routed from Lake Avenue North through the Old Palm Grove development. Therefore, "Tract B" is no longer needed to serve this purpose. The applicant also submitted for an abandonment of a portion of a 6' Wide Perimeter Sidewalk Easement, located along the western limits of the Estuary development, which is currently being processed as a separate request to be considered before the City Commission. The 6' Perimeter Sidewalk Easement and 7' Ingress-Egress Tract are both incorporated as part of Old Palm Grove development. Currently the subject property is vacant and the bicycle path has not been constructed. The right-of-way proposed for abandonment is approximately 7' x 391', "L" shaped parcel containing 2,379 square feet (0.055 acre). The abandonment area represents a 7' wide pedestrian ingress-egress tract (Tract B), dedicated from the plat of Estuary II (PB 93, PGS 129-130). Planning and Zoning Board Staff Report Estuary II R-O-W Abandonment Page 2 The abandonment request was submitted by New Urban/RFC Developers, L.C. (Old Palm Grove development) on behalf of Delray Estuary, L.C. (Estuary & Estuary II development). Once the subject area has been abandoned, the agent (New Urban/RFC Developers, L.C.) intends to acquire this parcel from Delray Estuary, L.C. and aggregate the subject area as part of Old Palm Grove development. The responsibility for the construction of that portion of the bicycle path will rest upon the developers for Old Palm Grove development. Pursuant to LDR Section 2.4.6(O)(1), pubfic right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, Le. property dedicated exclusively from a single parcel shaft be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. The proposed abandonment area was dedicated to the public from the plat of Estuary II as an ingress-egress tract (Tract B). By abandoning this area, all interests to this parcel will revert back to Delray Estuary, L.C. Utility Services The City's Environmental Services Department (ESD) and Fire Department and the have reviewed the request and have no objection to the abandonment. Florida Power & Light, Adelphia Cable, BellSouth, and the Flodda Public Utilities Company have also reviewed the request and have no objection. Pursuant to LDR Section 2.4.6(0)(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 7' wide pedestrian ingress-egress tract proposed for abandonment will be replaced and re-routed to a different location as part of the Old Palm Grove development. The public need will still be served. B) That the abandonment does not, nor will not, prevent access to a lot of record. No lot of record takes access from the abandonment area. Planning and Zoning Board Staff Report Estuary II R-O-W Abandonment Page 3 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 utilities have been located within the abandonment area. 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 Aqenc¥ The CRA reviewed this abandonment request at its meeting of August 8, 2002 and recommended "Approval". Courtesy Notices: Courtesy notices have been provided to the following groups: PROD (Progressive Residents of Delray) La Hacienda Homeowners Association Kokomo Key Homeowners Association Presidents Council North Palm Trail Homeowners Association Town of Gulf Stream Delray Estuary Homeowners Association 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 7' wide pedestrian ingress-egress tract proposed for abandonment will be re-routed through the Old Palm Grove development. Access will not be prevented to any lot of record and no utilities currently exist. By vacating this area, we are allowing the potential to create a better development while maintaining the public need. Planning and Zoning Board Staff Report Estuary II R-O-W Abandonment Page 4 AI~TERN~t'IYE 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). RECOM~MENDED By motion, recommend to the City Commission approval of the abandonment of the 7' wide pedestrian ingress-egress tract, "Tract B" of Estuary II Plat (PB 93, PGS 129-130), based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachments: · Location Map · Reduced Survey of Abandonment Area · Reduced Master Development Plan for Old Palm Grove File: S:\Planning&Zoning\Boards\P&Z\Estuary II ROW Path Abandonment.doc KOKOMO KEY ALLEN AVE. ROYAL PALM BLVD. 7' WIDE (.~ EASTVIEW THE ESTUARY --~B 8,6 PG$ LAKE AVENUE N. LAKE AVENUE S. DENERY N CITY OF [)ELRAY ~E:ACH, FL I~.ANNING & ZONINGDEPARTMENT - ABANDONMENT- (7' WIDE PEDESTRIAN INGRESS/EGRESS TRACT) NOO*38'I4"W ~ 142.03' i I [IoOrl i ,..,,i III'