Res 78-99IIIB III B IIBI IIIIIBIIIIIllllllllllllllll
RESOLUTION NO. 78-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF THE ROAD RIGHT-OF-WAY FOR OLD DIXIE
HIGHWAY LYING WEST OF AND ADJACENT TO LOT 18, DELRAY
BEACH ESTATES, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 21 AT PAGE 13 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND
RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC
AND PRIVATE UTILITIES OVER THE WEST TEN FEET AND THE
NORTH TEN FEET OF THE EAST TWENTY FEET OF THE ROAD
RIGHT-OF-WAY FOR OLD DIXIE HIGHWAY LYING WEST OF AND
ADJACENT TO LOT 18, DELRAY BEACH ESTATES, AS MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, an application for abandonment of the east twenty feet of the eighty foot road
right-of-way for Old Dixie Highway lying west of and adjacent to Lot 18, Delray Beach Estates, as more
particularly described herein, was received by the City of Delray Beach; and
WHEREAS, the application for abandonment of a portion of said road right-of-way was
processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development
Regulafons of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as
Local planning Agency, formally reviewed the matter at a public hearing on September 27, 1999, and voted
unanimously to recommend approval of the abandonment, based upon positive findings pursuant to LDR
Section 2.4.6(O)(5), and subject to conditions; and
WHEREAS, the City comrmssion 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(O)(5), but does not abandon and retains and reserves unto itself a utility easement over
the west ten feet and the north ten feet of the east twenty feet of the road right-of-way for Old Dixie
Highway lying west of and adjacent to Lot 18, Delray Beach Estates, 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 Dekay Beach City Commassion 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 a portion thereof, more particularly described as follows:
The east 20.0 feet of the 80.0 foot road right-of-way for Old Dixie Highway
lying west of and adjacent to Lot 18, Delray Beach Estates, according to the
Plat thereof as recorded in Plat Book 21 at Page 13 of the Public Records of
Palm Beach County, Florida, bounded on the north by the westerly extension
of the north line of said Lot 18 and bounded on the south by the westerly
extension of the south line of said Lot 18, Delray Beach Estates.
Section 2. That the Delray Beach City Comrmssion hereby retains and reserves unto itself
a utility easement over the west ten feet and the north ten feet of the east twenty feet of the eighty foot road
tight-of-way for Old Dixie Highway lying west of and adjacent to Lot 18, Delray Beach Estates, according
to the Plat thereof as recorded in Plat Book 21 at Page 13 of the Public Records of Palm Beach County,
Florida, bounded on the north by the westerly extension of the north line of said Lot 18 and bounded on
the south by the westerly extension of the south line of said Lot 18, De[ray Beach Estates, 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.
PASSED AND ADOPTED in regular session on this the 7~ day of December, 1999.
ATTEST:
- "-City ~ler~ '
-2- Res. No. 78-99
.... 01~ 11514 ~ 1757.
GULF STREAM BOULEVARD
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GULF S"[REAh/, DRIVE /-----'t /' I~r ~ ~ / ,--
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- ABANDONMENT -
~ FOR dENNING8 COMMERCIAL BUILDING
.~*:.. ~L (20' PORTION OF OLD DIXIE HIGHWAY)
I:ITY OF DELRR¥ BERrH
DELRAY BEACH
1993
CITY CLERK
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 - 407/243-7000
I, ALISON MacGREGOR HARTY, City Clerk of the City of Delray Beach, Florida,
do hereby certify that the attached document is a true and correct copy of Resolution No. 78=99, as
the same was passed and adopted by the Delray Beach City Commission in regular session on the 7t~
day of December, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the
City of Delray Beach. Florida. on this the 14~ day of December, 1999. cc
Alison MacGregor Ha(~ty -
City Clerk
City of Delxay Beach, Florida ca
THE EFFORT ALWAYS MATTERS
TO:
THRU:
FROM:
SUBJECT:
ABANDONMENT OF A PORTION OF THE DIXIE HIGHWAY RIGHT-OF-WAY,
DIRECTLY ADJACENT TO LOT 18 OF THE PLAT OF DELRAY BEACH ESTATES,
APPROXIMATLEY 315 SOUTH OF GULF STREAM BOULEVARD.
The request involves abandoning a 20.26' by 101.24' rectangular shaped parcel, containing 2,025 square
feet (0.05 acres). The parcel represents a 20-foot westerly extension of Lot 18 of Delray Beach Estates,
as the north and south lines are direct extensions of the north and south lines of Lot 18. The
abandonment request was submitted by the owner of Lot 18 (1.04 acres), Russel B. Jennings, who
intends to aggregate the parcels and develop an 11,356 square foot, two (2) building
industrial/commercial complex on the site.
The proposed abandonment will reduce the Dixie Highway right-of-way to 60 feet, which is the standard
width for a local road. Dixie Highway is classified as a "local road", Thus, this abandonment would not
impair future expansion of Dixie Highway from its current two-lane configuration.
The subject right-of-way is unimproved, however municipal water & sewer mains are located within the
subject area. The utilities will remain in their present location, and a replacement utility easement must be
provided.
At its meeting of September 27, 1999, the Planning and Zoning Board considered the request at a public
hearing. Two people spoke in opposition of the proposed abandonment. Bill Schwartz, representing the
Progressive Residents of Delray (PROD), felt that taxpayers may have to buy the parcel back in the
future for roadway expansion. Another individual not directly affected by this abandonment supported
PROD's position. After reviewing the staff report and discussion, the Board voted 6 to 0 to recommend
approval, subject to the dedication of a replacement easements to cover existing utilities. Board member
Dan Carter recused himself from this vote as he is the landscape architect for this project.
By motion, approve the abandonment of right-of-way and accept a replacement easement to cover the
existing utilities based upon positive findings with respect to LDR Section 2.4.6(0)(5).
Attachment:
· Abandonment Resolution
· P & Z Staff Report of September 27, 1999
S:\ P&Z~boards\citycommission\jen ningsaban.doc
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETINGDATE: September27, 1999
AGENDA ITEM: VIA.
ITEM: Abandonment of a Portion of Old Dixie Highway in Association with
Jennings Commercial Bt~ilding, Located on the East Side of Old
Dixie Highway, Approximately 315' South of Gulf Stream Boulevard
~.,,~ ' GU / ~TREAM ' ~- -. ' BOULEVARD
I > CH~RS~ ~. ~ -- ' ..... ~ ~
GENE~L DATA:
Owner ..................................... Russell B. Jennings, Inc.
Applicant ................................. Tom Cuenot
Agent ...................................... Roy M. Simon, AIA
Location .................................. East side of Old Dixie Highway, approximately 315' south of Gulf
Stream Boulevard
Prope~y Size .......................... 0.05 Acre
Land Use Map Designation .... Genera] Commercial
Existing City Zoning ................ GC (General Commercial)
Adjacent Zoning ............ NoAh: GC
East: GC
South: AC (Automotive Commercial)
West: MIC (Mixed Industrial & Commercial)
Existing Land Use .................. Vacant Land
Proposed Land Use ................ Abandonment of a poAion of right-of-way (20' of Old Dixie
Highway) to be incorporated as pa~ of the proposed
construction for Jennings Commercial Building
Water Se~ice ......................... Available via connection to an existing 8" water main
Old Dixie Highway.
Sewer Se~ice ......................... Available via connection
Old Dixie Highway.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a portion of the Dixie Highway
right-of-way, directly adjacent to Lot 18 of the Plat of Delray Beach Estates,
approximately 315 feet south of Gulf Stream Boulevard.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
The subject parcel is located on the east side of Dixie Highway, approximately
315 feet south of Gulf Stream Boulevard. This portion of Dixie Highway was
dedicated with the recordation of the Plat of Delray Beach Estates (Plat Book 21,
Page 13, of the Public Records of Palm Beach County, Florida), in July of 1946.
Currently the subject area is vacant, with the exception of the remnants of an
east-west shell rock drive, running through the middle of the parcel.
The subject area is a 20.26' by 101.24' rectangular shaped parcel, containing
2,025 square feet (0.05 acres). The parcel represents a 20-foot westedy
extension of Lot 18 of Delray Beach Estates, as the north and south lines are
direct extensions of the north and south lines of Lot 18.
The abandonment request was submitted by the owner of Lot 18 (1.04 acres),
Russel B. Jennings, who intends to aggregate the pamels and develop an 11,356
square foot, two (2) building industrial/commemial complex on the site. The
applicant has concurrently submitted for site plan approval for the intended
project.
Currently the Dixie Highway right-of-way from Gulf Stream Boulevard, south to
the north line of parcel 707 (H & H Carpet Site) measures 80 feet in width. If the
subject area is abandoned, the Dixie Highway right-of-way will be reduced to 60
feet, which is the standard width for a local road. Originally the applicant had
requested to abandon the east 30 feet of the right-of-way. However, the
Development Services Management Group (DSMG), at its meeting of August 26,
1999 decided that it would not support reducing the Dixie Highway right-of-way to
less than 60 feet. Consequently the applicant modified the application to include
only the east 20 feet.
Planning and Zoning Board Staff Report
Jennings/Dixie Highway R-O-W Abandonment
Page 2
ABANDONMENT ANALYSIS
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.
Accordingly, the Applicant is entitled to the entirety of the subject abandonment,
as it was dedicated entirely from Lot 18, Plat of Delray Beach Estates.
Utility Services
The Environmental Services Department has identified both water & sewer lines
located within the subject area. Environmental Services has no objection to the
abandonment if a replacement utility easement is provided over the affected
area, and provided that no trees are planted over the existing utility mains. The
granting of said easement will be a condition of approval for this abandonment.
The City's Fire Department has reviewed the request and has no objection to the
abandonment. Adelphia Cable, BellSouth, Florida Power & Light, and the Florida
Public Utilities Company have also reviewed the requested abandonment, 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 proposed abandonment will reduce the Dixie Highway right-of-way to 60
feet, which is the standard width for a local road. Thus, this abandonment
would not impair future expansion of Dixie Highway from its current two-lane
configuration.
Currently, municipal water & sewer mains are located within the subject area.
The utilities will remain in their present location, and a replacement utility
easement must be provided.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
As the subject parcel only abuts Lot 18 of Delray Beach Estates, which is
owned by the applicant, this abandonment will not prevent access to any
adjacent parcels.
Planning and Zoning Board Staff Report
Jennings/Dixie Highway R-Q-W Abandonment
Page 3
C) That the abandonment will not result in detriment to the provision of
access and/or utility sen/ices to adjacent properties or the general area.
All utilities currently located in the subject area will remain as they exist. As a
condition of approval a utility easement will be provided for maintenance
purposes.
As previously stated access will not be affected by this abandonment.
I ~ REVIEW BY OTHERS
The development proposal is within the geographical area requiring review by the
CRA (Community Redevelopment Agency). The CRA considered this
abandonment at its September 2nd meeting, and recommended approval.
The development proposal is not within a geographical area requiring review by
the HPB (Historic Preservation Board), or the DDA (Downtown Development
Authority).
Courtesy Notices:
Courtesy notices have been provided to the following:
Seacrest Homeowners Association
Kokomo Key Homeowners Association
La Hacienda 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 the subject right-of-way is unimproved and there are no plans for its
improvement, its intended use is limited. In addition, this abandonment would
not impair the provision of utility services or access to adjacent lots. The purpose
of the abandonment is to incorporate the vacated area with the adjacent parcel to
the east in an overall development plan. The creation of a utility easement over
the affected area will satisfy all future utility needs.
Planning and Zoning Board Staff Report
Jennings/Dixie Highway R-O-W Abandonment
Page 4
ALTERNATIVE ACTIONS
1. Continue with direction.
2. Recommend to the City Commission approval of the abandonment subject to
positive findings with respect to LDR Section 2.4.6(0)(5).
3. 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).
RECOMMENDED ACTION
By motion, recommend to the City Commission approval of the abandonment of
the 20.26' x 101.24' portion of Dixie Highway right-of-way (directly adjacent to Lot
18 of the Plat of Delray Beach Estates), based upon positive findings with
respect to LDR Section 2.4.6(0)(5), subject to the condition that the Official
Resolution abandoning the subject area includes language which establishes a
utility easement over the affected area.
Attachments:
· Location Map
· Reduced Survey
File: S:\Planning&Zoning\P&Z~Jennings Abandonment.doc