Res 09-99RESOLUTION NO. 9-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF AN EAST/WEST ALLEY RIGHT-OF-WAY WITHIN
BLOCK 61, TOWN OF DELRAY, ASSOCIATED WITH THE
PROPOSED RECTORY DEVELOPMENT TO BE LOCATED AT THE
SOUTHWEST CORNER OF SWINTON AVENUE AND ATLANTIC
AVENLrE, AS THE SAME IS MORE PABTICULARLY DESCRIBED
HEREIN, BUT RESERVING AND RETAINING TO THE CITY A
UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE
UTILITIES OVER THE ENTIRE AREA THEREOF.
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of a portion of an east/west alley
right-of-way lying within Block 61, Town of Delray, as more
particularly described herein, associated with the proposed Rectory
development to be located at the southwest corner of Swinton Avenue
and Atlantic Avenue; 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
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 this petition at a public hearinq on October 20, 1997, and
recommended approval of the abandonment, bised upon positive findings
pursuant to LDR Section 2.4.6(0) (5) and subject to conditions; 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 alley
right-of-way for roadway purposes based upon positive findings
pursuant to LDR Section 2.4.6(O) (5), 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELEAY BEACH, FLORIDA, AS FOLLOWS:
GJ~ 1 ~'=~a~,9 pg
Section 1. That pursuant to Chapter 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 for roadway 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:
A parcel of land being a portion of a 16 foot wide
platted alley as recorded in Plat of City of Delray
Beach, formerly Town of Linton, as recorded in Plat
Book 1, Page 3 of the Public Records of Palm Beach
County, Florida, being more particularly described
as follows:
The North 13 feet of a 16 foot platted alley being
bounded on the East by the West right-of-way line
of Swinton Avenue; on the West by a line extending
from the Southwest corner of Lot 3, Block 61 of
said Subdivision of City of Delray Beach; to a
point being 3 feet North of the Northwest corner of
Lot 11 of said Block 61 bounded on the North by the
South line of Lots 3 and 4 of said Block 61, and
bounded on the South by a line 3 feet North and
parallel with Lot 11 of said Block 61.
Containing 0.03 acre, more or less.
PASSED AND ADOPTED in regular session on this
of February, 1999.
ATTEST:
' City Cl~rk
the 16th
day
Res. No. 9-99
ORB 1 ~9,~-'9 Pg 754-
~ SCHOOL ,.., ·
SQUARE ~ ·
ATLANTIC AVENUE
ad
MENT
S.W. 1ST ST. S.E. 1ST ST.
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER ~
DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND ZONING
CLAIRE LYTE-GRAHAM, PLANNER ~
MEETING OF FEBRUARY 16, t999 **CONSENT AGENDA**
ABANDONMENT OF A PORTION OF A 13' ALLEY IN BLOCK 61
The requested action of the City Commission is approval of the abandonment of a portion of an
improved 13' east/west alley within Block 61, located on the west side of S. Swinton Avenue,
approximately 140' south of W. Atlantic Avenue.
The subject alley was dedicated with the recordation of the Town of Linton Subdivision in 1910.
The south 3' of the original 16' wide alley was abandoned in 1986, to accommodate the
encroachment of one of the structures into the right-of-way. The abandonment is being
requested in order to incorporate the subject area into the Rectory Park development at the
southwest corner of W. Atlantic Avenue and S. Swinton Avenue. The attached P & Z staff report
contains additional background and analysis of the request.
The Planning and Zoning Board considered this request at its meeting of October 20, 1997, and
unanimously recommended approval of the abandonment subject to conditions pertaining to
provision of easements; approval of the Rectory site development plan prior to recordation of the
abandonment resolution; provision of right-of-way for proper turning radius connection of
east/west and north/south alleys; approval of the modification to Check Cashing Store's access
on Atlantic Avenue; and, provision of one-way access from Atlantic Avenue with the Rectory
development.
The provision of easements is being handled via language in the resolution, and the remaining
conditions have been addressed either through site plan approval or replatting of the
development site.
By motion, approve the abandonment of a portion of the east/west alley within Block 61
through the enactment of Resolution 9-99.
Attachment: · Planning and Zoning Staff Report
· Resolution
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
rVIEETING DATE:
AGENDA ITEM:
ITEM:
October 20, 1997 (Continued from September 15, 1997 meeting)
V.A.
Abandonment of a Portion of the Alleyway Lying within Block 61, Town
of Delray, Associated with a Proposed Development Located at the
Southwest Corner of Swinton Avenue and Atlantic Avenue.
LAN TIC AVENUE
COUNTY I ~
GENERAL DATA:
Owner/Applicant ................................... The Aeacus Real Estate Limited Partnership
Agent. ................................................. John W. Szerdi and Associates
Location ......... .... Southwest comer of Swinton Avenue and Atlantic Avenue
Property Size ...................................... 0.03 Acre (proposed abandonment) & .0.01 Acre (Previously Abandoned)
Future Land Use Map ......................... Mixed Use Area
Current Zoning ................................... OSSHAD (Old School Square Historic Arts District)
Adjacent Zoning ........................ North: OSSHAD
East: CBD (Central Business District)
South: OSSHAD
West OSSHAD
Existing Land Use .............................. Improved alley dght-of-~vay
Proposed Land Use ............................ Abandonment of alley right-of-way to link the old 2 story rectory building via a
brick and landscaped pedestrian/parking area to a proposed mixed use 3 story
building.
Water Service ......................... n/a
Sewer Service ..................................... n/a
The item before the Board is that of a recommendation to the City Commission for the
proposed abandonment of a portion of a 13' alley located within Block 61, formerly
Town of Linton Subdivision. The subject alley is located on the west side of S.
Swinton Avenue, approximately 140' south of W. Atlantic Avenue.
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0),
Abandonment of Rights-of-Way.
The subject alley was dedicated with the recordation of the Town of Linton
Subdivision in 1910. The south 3' of the original 16' wide alley was abandoned in
1988, to accommodate the encroachment of one of the structures into the right-of-
way.
The area proposed for abandonment is the 13' alley which runs between Lots 3 and 4
to the north and Lot 11 to the south, and consists of approximately 2,106 square feet.
An abandoned gasoline station was recently demolished on Lots 3 and 4, and a
historic structure currently used as an office (originally constructed as a parsonage in
1912) is located on Lot 11. The owner of Lots 3, 4, and 11 is requesting the
abandonment for future development, and has submitted a preliminary sketch plan of
the project.
The subject alley is 13' in width. Pursuant to LDR Section 2.4.6(O)(1), public property
dedicated through subdivision shall be divided at the center line and returned equally
to abutting parcels when abandoned. The same property owner owns Lots 3, 4 and
11, and would receive the entire 13'. The subject alley is adjacent to commercial uses
to the east and west; office to the south; and vacant land to the north in the Old
School Square Historic Arts District (OSSHAD). The alley is paved and provides
access to Swinton Avenue, S.W. 1st Avenue, and an existing improved north/south
alley.
An 8" sewer main and 2" water main are located within this alley. The City's
Environmental Services Department has indicated that it has no objection to the
abandonment, however, 12' sewer and water easements must be provided to allow
for future maintenance of these facilities. In addition, no landscaping or other
structures are to be placed over the utility easements. The Fire Department has also
P&Z Staff Report
Abandonment of a 13' Alley in Block 61
Page 2 ..
indicated it has no objection to the request. BellSouth, Adelphia Cable, FPL, and
Florida Public Utilities all have services within this alley. If the abandonment is
approved, easements to cover the City, FPL, BellSouth, Florida Public Utilities, and
cable services must be provided.
A site plan application must be submitted for any proposed development on Lots 3, 4,
and 11 for review by staff and consideration by the Histodc Preservation Board. If the
abandonment request is approved by the City Commission, prior to the recordation of
the abandonment resolution site plan approval must be obtained and applications
submitted for building permits.
At its December 18, 1996 meeting, HPB approved a site plan for the Check Cashing
Store located on Lots 1 and 2 immediately west of this abandonment area. The site is
now under construction. The approved site plan calls for the following with respect to
parking lot design:
r~ Elimination of two curb cuts along S.W. 1st Avenue;
[] Construction of a 14-space diagonal parking lot on the east side of the property
with a one-way driveway into the site from Atlantic Avenue and egress provided
onto the east/west alley on the south side of the property;
El Construction of a nine-space dead-end parking bay on the south side of the
proposed building with access provided from the east/west alley; and,
El Installation of a dumpster enclosure adjacent to the alley.
Per the West Atlantic Avenue Redevelopment Plan, in an effort to encourage
pedestrian activity, no new parking lots, or curb cuts to access parking lots are to be
permitted on W. Atlantic Avenue. Existing curb cuts on the Avenue should be
eliminated whenever possible. The applicant's initial proposal was to retain an
existing two way ddveway onto Atlantic Avenue, but the Board requested its
elimination. As a compromise, the driveway was reduced in length and converted to
one way in order to provide a safer situation. This design requires that all vehicles
exit the parking area via the east/west alley.
The abandonment does not affect the portion of the alley that abuts the Check
Cashing Store; however, it will eliminate direct access to Swinton from the alley. It
should be noted the Check Cashing Store objects to the abandonment, as per the
approved site plan the alley is to serve as the primary egress point for its business.
The remaining portion of the east/west alley will maintain access to S.W. 1st Avenue,
and to an existing north/south alley east of the Check Cashing Store. The north/south
alley is improved to S.W. 1st Street. If the abandonment is approved, off-site turning
radius improvements in the remaining alley would be required to maintain proper
access for both customers and sanitation vehicles.
P&Z Staff Report
Abandonment of a 13' Al~_y in Block 61
Page 3'
The applicant and representatives of the Check Cashing Store have met to discuss
alternatives to resolve the alley access issue. In order to come to a solution
acceptable to everyone involved, modifications to the Check Cashing Store site plan
have been proposed, including converting the approved 17' wide one-way driveway to
a 20' wide two-way drive. The owner of the comer property would agree to limit his
own Atlantic Avenue access to a one-way drive.
COMPREHENSIVE PLAN;
Future Land Use Element Policy C-3,3 - Alleys located within the Old School
Square Historic District on either side of Swinton Avenue shall remain and be
made available for access to abutting properties. Accordingly, these alleys
shall not be abandoned to private interests.
Pursuant to LDR Section 3.1.1(C), a finding of overall consistency must be made with
land use and land development applications. This finding may be made even though
the action will be in conflict with some individual performance standards, provided
that the approving body specifically finds that the beneficial aspects of the proposed
project outweighs the negative impacts of identified points of conflict. The
performance standards for site plan applications reflect policies in the
Comprehensive Plan. Other policies, as the above referenced policy, may also be
referenced to achieve a finding of overall consistency.
Use of the alleys for access and parking is encouraged for redevelopment of
properties within the Old School Square Historic Arts District. This abandonment
results in the elimination of a portion of alleyway that is currently used to access S.
Swinton Avenue. The applicant is requesting the abandonment to incorporate the
subject area into adjacent properties for a redevelopment project at a high visibility
comer (W. Atlantic Avenue and Swinton). As the proposed redevelopment site is
located within OSSHAD, the project will require approval by HPB, as well as review
by the Community Redevelopment Agency (CRA), and the Downtown Development
Authority (DDA).
While the abandonment request is not consistent with this Comprehensive Plan
policy, the portion of the alley to remain will maintain access to S.W. 1st Avenue.
Access to Swinton will still be possible via the north/south alley that connects to S~W.
1st Street. Abandonment of the alley will allow the property owner to unify this site,
resulting in a more workable site plan. In addition, the portion of alley to be
abandoned was previously reduced from 16' to 13' in width and is not appropriate for
two-way traffic.
P&Z Staff Report
Abandonment of a 13' Alley in Block 61
Page 4
Redevelopment of this site will be a significant improvement to the previous use and
contribute to the continued redevelopment of the downtown area and OSSHAD.
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 them be a need for the use of the right-of-way
for any public purpose.
The alley is improved and has been used for access in the past. The applicant owns
the property on both sides of the subject abandonment ama, and the sketch plan for
the development of Lots 3, 4, and a portion of Lot 11 indicates the abandonment ama
will have sod or ground cover. The approved development plan for the Check
Cashing Store uses the alley including this portion to access Swinton Avenue.
However, the remaining portion of the east/west alley will maintain access to S.W. 1st
Avenue to the west and circuitous access to Swinton Avenue via an existing
north/south alley in Block 61. City water and sewer, and FPL, BellSouth, Florida
Public Utilities, and cable services are located within the alley, and replacement
easements to cover these existing utilities are required. If the abandonment is
approved, replacement utility easements to cover existing services must be provided.
B)
That the abandonment does not, nor will not, prevent access to a lot of
record.
The applicant owns the lots to the north and south of the subject alley, and the
abandonment will not prevent access to a lot of record. Abandonment would however
eliminate direct access to Swinton Avenue by customers of the Check Cashing StOre.
Given the above the owner of the Check Cashing Store objects to the abandonment
request. He has requested that if the. alley is abandoned, he be able to modify his
plan to provide two-way access from Atlantic Avenue.
c)
That the abandonment will not result in detriment for the provision of
access and/or of utility services to adjacent properties or the general
area.
Currently, access is taken from the subject alley. As noted, the abandonment will
prohibit direct access to Swinton Avenue for properties to the west; however, the
remaining portion of the alley will provide access to S.W. 1st Avenue and indirect
access to Swinton via an existing north/south alley. In addition, the subject
abandonment area is 13' in width, which is not appropriate for two-way traffic.
P&Z Staff Report
Abandonment of a 13' Alley in Block 61
Page 5
Replacement easements will be required to cover the existing and future City,
BellSouth, Florida Public Utilities, FPL, and cable facilities within the alley. BFI utilizes
the alley to access the Check Cashing Store's dumpster, and if abandoned, an
adequate turning radius must be provided.
The alley is located within the CRA area. The CRA Board reviewed the request at its
meeting of September 11, 1997, and recommended approval of the project.
The subject alley is improved and provides access to Swinton Avenue, S.W. 1st
Avenue, and an existing north/south alley. The purpose of the abandonment is to
incorporate the subject area into Lots 3, 4, and a portion of Lot 11 for the
redevelopment of a high visibility location in the downtown area. With the
abandonment, direct access to Swinton Avenue by the property to the west will be
eliminated. The remaining portion of the alley will continue to provide access to S.W.
1st Avenue to the west. The Check Cashing Store objects to the request because the
alley serves as a primary egress for its business, and direct access to S. Swinton
Avenue will be eliminated. However, he would agree to the abandonment if allowed
to modifl7 his plans to provide two-way access off of Atlantic Avenue. Staff does not
object to this proposal, provided that the comer property access be limited to a one-
way drive. Any modifications of the Check Cashing Store site plan must be approved
by the Historic Preservation Board.
The abandonment is not consistent with Future Land use Element Policy C-3.3. That
policy is intended to maintain the existing traffic circulation system, to facilitate the
redevelopment of properties within the district. This particular proposal deals with a
substandard alley that is impeding the unification of a very important property.
Concessions should be made to ensure that other propertie~ on the block are not
significantly inconvenienced by the abandonment.
If the abandonment is approved replacement easements will be required to cover
existing facilities. Further, a site development plan must be approved and building
permit applications processed prior to the recording of the abandonment, and any
proposed modifications to the Check Cashing Store site plan must be addressed prior
to City Commission.
P&Z Staff Report
Abandonment of a 13' Alley in Block 61
Page $
1. Continue with direction.
2. Recommend approval of the abandonment in that despite its inconsistency with
Future Land Use Element Policy C-3.3, the action is necessary to achieve other
objectives of the Comprehensive Plan regarding the revitalization of the Central
Business District, and based on positive findings with respect to LDR Section
2.4.6(0)(5). The abandonment shall be subject to the following conditions:
(a) That easements to cover City, FPL, BellSouth, Florida Public Utilities, and
^delphia Cable be provided.
(b) That prior to the recordation of the abandonment resolution site plan approval
be obtained and applications submitted for building permits.
(c) That adequate right~of-way be provided to ensure a proper turning radius at the
connection of the east/west and north/south alleys.
(dj That the modification to the Check Cashing Store's access drive be approved
by the Historic Preservation Board prior to scheduling the abandonment for
City Commission action.
(e) That the Atlantic Avenue access to the corner property be one-way.
Recommend denial of the abandonment based upon a failure to make positive
findings with respect to LDR Section 2.4.6(0)(5) and Future Land Use Element
Policy C-3.3.
Recommend approval of the abandonment in that despite its inconsistency with
Future Land Use Element Policy C-3;3, the action is necessary to achieve other
objectives of the Comprehensive Plan regarding the revitalization of the Central
Business District, and based on positive findings with respect to LDR Section
2.4.6(0)(5). The abandonment shall be subject to the following conditions:
1. That easements to cover City, FPL, BellSouth, Florida Public Utilities, and
^delphia Cable be provided.
2. That prior to the recordation of the abandonment resolution site plan approval be
obtained and applications submitted for building permits.
P&Z Staff Report
Abandonment of a 13' Alley in Block 61
Page 7 -'~
3. That adequate right-of-way be provided to ensure a proper turning radius at the
connection of the east/west and north/south alleys.
4. That the modification to the Check Cashing Store's access drive be approved by
the Historic Preservation Board prior to scheduling the abandonment for City
Commission action.
5. That the Atlantic Avenue access to the comer property be one-way.
Attachments: · Location Map
· Survey
filename: u:~grahamc~pzrep~lk61 ab2.doc