Res 19-02RESOLUTION NO. 19-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE DIXIE HIGHWAY
RIGHT-OF-WAY (ROW) LOCATED APPROXIMATELY 1,320
FEET SOUTH OF GULFSTREAM BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A GENERAL UTILITY
EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER
THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY
DESCRIBED HEREIN.
WHEREAS, the City of De[ray Beach, Florida, received an application for
abandonment of a portion of the Dixie Highway Right-of-Way (ROW), as more particularly
described herein; and
WHEREAS, said application for abandonment of a general public 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(O)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on September 24,
2001, and voted 4 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 condition that a general utility easement
be retained over the entire area; and
WHEREAS, the City Commission of the City of De[ray 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 De[ray 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 general 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 FOI.LOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the De[ray 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 general utility easement over the entire area thereof,
more particularly described as follows:
Resolution No. 19-02
A portion of Dixie Highway right-of-way lying in Delray Beach
Estates, according to the plat thereof as recorded in Plat Book 21,
Page 13, of the public records of Palm Beach County, Florida. Being
fully described as follows:
Beginning at the southwest comer of Lot 6 of said Delray Beach
Estates; thence North 71°16'30" West, a distance of 20.25 feet;
thence North 09°42'31" East, a distance of 303.75 feet; thence South
71°16'30" East, a distance of 20.25 feet to the northwest comer of
Lot 8, of said Delray Beach Estates; thence South 09°42'31" West,
along the east right-of-way line of Dixie Highway, a distance of
303.75 feet to the point of beginning.
Containing 6,075 square feet more or less.
Section 2. That the Delray Beach City Commission hereby retains and reserves unto
itself a general 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:
A portion of Dixie Highway right-of-way lying in Delray Beach
Estates, according to the plat thereof as recorded in Plat Book 21,
Page 13, of the public records of Palm Beach County, Florida. Being
fully described as follows:
Beginning at the southwest comer of Lot 6 of said Delray Beach
Estates; thence North 71°16'30" West, a distance of 20.25 feet;
thence North 09°42'31" East, a distance of 303.75 feet; thence South
71°16'30" East, a distance of 20.25 feet to the northwest comer of
Lot 8, of said Delray Beach Estates; thence South 09°42'31" West,
along the east right-of-way line of Dixie Highway, a distance of
303.75 feet to the point of beginning.
Containing 6,075 square feet more or less.
Resolution No. 19-02
PASSED AND ADOPTED in regular session o this the 19th ay o Feb ry 002.
MAYOR
City Clerk
3
Resolution No. 19-02
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
ABANDONMENT OF A PORTION OF DIXIE HIGHWAY RIGHT-OF-WAY DIRECTLY
ADJACENT TO LOTS 6, 7, & 8 OF THE PLAT OF DELRAY BEACH ESTATES,
APPROXIMATELY '1,320 FEET SOUTH OF GULF STREAM BOULEVARD.
BACKGROUND
The subject area is a 20.25' by 303.75' rectangular shaped parcel, containing 27,900 square feet (0.640
acres). The parcel represents the east 20' of the 80' Dixie Highway right-of-way, which abuts Lots 6-8 of
Delray Beach Estates (Plat Book 21, Page 13).
The abandonment request was submitted on behalf of the owner of Lots 6, 7 & 8. The east portion of
these lots contains the Badcock Furniture building and associated parking. This owner intends to
subdivide the current parcel into two (2) lots (east and west), and sell the west portion, which is vacant.
The applicant, who intends to develop the western parcel, received site plan approval for the construction
of a 6,000 square foot, 1-story commercial building (Delray Cycle), at the Site Plan Review and
Appearance Board meeting of June 20, 2001. A plat application, which will subdivide the property
includes the proposed abandonment area, is being processed concurrently with the abandonment
request.
The proposed abandonment will reduce the Dixie Highway right-of-way to 60 feet, which is the standard
width for this local road. Thus, this abandonment would not negatively impact future expansion of Dixie
Highway from its current two-lane configuration.
The subject right-of-way is unimproved, however municipal water & sewer mains, as well as BellSouth
facilities, are located within the subject area. The utilities will remain in their present location, and a
replacement utility easement will be maintained over the entire abandonment area.
I, PLANNING & ZONING BOARD CONSIDERATION
At its meeting of September 24, 2001, the Planning and Zoning Board considered the request at a public
hearing. There was no public comment concerning the abandonment. After reviewing the staff report
and discussion, the Board voted 4 to 0 to recommend approval (Shutt & Randolph - absent, Pike
stepped down), subject to two (2) conditions: (1) Provision of a replacement utility easement for the full
length and width of the abandonment area, (2) all landscaping previously approved, be removed from the
abandonment area. Both conditions have been satisfactorily addressed.
I RECOMMENDED ACTION
By motion, approve the abandonment of right-of-way and accept a replacement easement based upon
positive findings with respect to LDR Section 2.4.6(0)(5).
Attachment:
· Abandonment Resolution
· P & Z Staff Report of September 24, 2001
S:\ P&Z\boards\citycomrnission\DixAban.doc
RESOLUTION NO. 19-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE DIXIE HIGHWAY
RIGHT-OF-WAY (ROW) LOCATED APPROXIMATELY 1,320
FEET SOUTH OF GULFSTREAM BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A GENERAL UTILITY
EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER
THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY
DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of the Dixie Highway Right-of-Way (ROW), as more particularly
described hereto; 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 Regulattons of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)0)(e), the Planning and Zoning
Board, as Local Planning Agency, formally remewed the matter at a public hearing on September 24,
2001, and voted 4 to 0 to recommend approval of the abandonment, based upon positive findings
w~th respect to LDR Section 2.4.6(0)(5), and subject to the conchtion that a general utility easement
be retained over the entire area; and
WHEREAS, the City Commission of the City of De[ray Beach, Florida, finds that
its interest in the described property is no longer needed for the pubhc good and deems it to be m
the best interest of the City of Delray Beach to vacate and abandon sa~d 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 general utdity 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, clramage facRines, or any other facilines used
for various public uuhties 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 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 general ufihty easement over the enUre area thereof,
more pamcularly described as follows:
Resolution No. 19-02
A portion of Dixie Highway right-of-way lying m Delray Beach
Estates, according to the plat thereof as recorded in Plat Book 21,
Page 13, of the pubhc records of Palm Beach County, Florida. Being
fully described as follows:
Beginning at the southwest comer of Lot 6 of said Delray Beach
Estates; thence North 71°16'30'' West, a distance of 20.25 feet;
thence North 09°42'31'' East, a distance of 303.75 feet; thence South
71°16'30'' East, a distance of 20.25 feet to the northwest corner of
Lot 8, of said Delray Beach Estates; thence South 09°42'31,, West,
along the east right-of-way line of Dixie Highway, a distance of
303.75 feet to the point of beginning.
Containing 6,075 squaxe feet mote or less.
Secuon 2. That the Delray Beach Cxty Commission hereby retains and resen~es unto
itself a general 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, w~res, p~pes,
sewers, drainage facihties, or any other facilities used for various pubhc utilities whether owned by
the City or private corporanons, more particularly described as follows:
A portion of Dmie Highway right-of-way lying in Delray Beach
Estates, according to the plat thereof as recorded in Plat Book 21,
Page 13, of the public records of Palm Beach County, Florida. Being
fully described as follows:
Beginning at the southwest comer of Lot 6 of said De[ray Beach
Estates; thence North 71°16'30" West, a distance of 20.25 feet;
thence North 09°42'31" East, a distance of 303.75 feet; thence South
71°16'30" East, a chstance of 20.25 feet to the northwest comer of
Lot 8, of said Delray Beach Estates; thence South 09°42'31" West,
along the east right-of-way line of Dixie Hzghway, a &stance of
303.75 feet to the point of beginning.
Containing 6,075 square feet more or less.
Resolution No. 66-01
PASSED AND ADOPTED m regular session on this the 19~ day of February, 2002.
MAYOR
ATTEST:
City Clerk
Resoluuon No. 66-01
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
September 24, 2001
III. D.
Abandonment of a Portion of Dixie
Boulevard for Delray Cycle.
Highway 1,320'
South of Gulf Stream
GENERAL DATA:
Owner .................................. General Public
Agent/Applicant .................... Ed Rosen
Location ............................... East 20 ft. of Old Dixie
Highway Right-of-Way
Adjacent to Lots 6 through
Lots 8, Delray Beach Estates.
Property Size ........................ 0.134 Acres
Existing FLUM Designation.. GC (General Commercial)
Current Zoning ..................... GC (General Commercial)
Adjacent Zonings ........ North: GC (General Commercial)
East: GC (General Commercial)
South: GC (General Commercial)
West: CF (Community Facilities)
Existing Land Use ................ Unimproved rights-of-ways
Proposed Land Use ............. Incorporation into Overall
Development Plan.
Water Service ....................... n/a
Sewer Service ...................... n/a
LOT 8
LOT 7
LOT 6
/30R TON
VOL VO
N
III I~
ITEM BEFORETHEBOARD
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 Lots 6, 7, & 8 of the Plat of Delray Beach
Estates, approximately 1,320 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
1,320 feet south of Gulf Stream Boulevard. This portion of Dixie Highway (80'
wide) 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 a dirt
crossing the north portion of the parcel.
driveway
ABANDONMENT DESCRIPTION~
The subject area is a 20.25' by 303.75' rectangular shaped parcel, containing
27,900 square feet (0.640 acres). The parcel represents the east 20' of the 80'
Dixie Highway right-of-way, which abuts Lots 6-8 of Delray Beach Estates.
The abandonment request was submitted on behalf of the owner of Lots 6, 7 & 8.
The east portion of these lots contains the Badcock Furniture building and
associated parking. This owner intends to subdivide the current parcel into two
(2) lots (east and west), and sell the west portion, which is vacant except for a
dirt road. The applicant, who intends to develop the western parcel, received site
plan approval for the construction of a 6,000 square foot, 1-story commercial
building (Delray Cycle), at the Site Plan Review and Appearance Board n~eetin~
of June 20, 2001. A plat application, which will include the proposed
abandonment area, has been submitted, and is currently in process.
L ABANDONMENT ANALYSIS ' J
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 owner is entitled to the entirety of the subject abandonment, as it
was dedicated entirely from Lots 6, 7, & 8, Plat of Delray Beach Estates.
Planning and Zoning Board Staff Report
Dixie Highway (Delray Cycle) R-O-W Abandonment
Page 2
Utility Services
The Environmental Services Department has identified a sewer main located
within the subject area. The approved site plan indicates the installation of
landscaping (hedges and trees) within the proposed abandonment 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. In addition, prior to scheduling the
'~'~-'abandonment for City Commission, revised !andscape plans indicating the
removal of the landscape material from the easement area must be provided.
BellSouth has also reviewed the requested abandonment, and has identified
facilities in the subject abandonment area. BellSouth will require replacement
easements or relocation of facilities.
The City's Fire Department has reviewed the request and has no objection to the
abandonment. Adelphia Cable and the Florida Public Utilities Company have
also reviewed the requested abandonment, and have no objection.
At the time of this report, a response from Florida Power & Light was not
received. Any concerns Florida Power & Light may have regarding this
abandonment will be addressed before proceeding to City Commission.
REQUIRED FINDINGS:??
Pursuant to LDR Section 2.4.6(O)(5), pdor 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.
~he abandonment area requested is the unimproved portion of the Dixie
Highway right-of-way.
The proposed abandonment will reduce the Dixie Highway right-of-way to 60
feet, which is the standard width for a local road. Future expansion of Dixie
Highway from its current two-lane configuration is not contemplated. A 60-
foot right-of-way can accommodate the Dixie Highway improvements planned
per the North Federal Highway Redevelopment Plan, which calls for a two-
lane roadway with a bike path, landscaping, and a sidewalk. The City has no
plans to utilize the abandonment area (east 20' of right-of-way) for any other
purpose, except utilities.
Currently, Bellsouth has identified facilities in the subject area, in addition to a
municipal sewer main. The utilities will remain in their present location, and a
replacement utility easement must be provided.
Planning and Zomng Board Staff Report
Dixie Highway (Delray Cycle) R-O-W Abandonment
Page 3
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
As the subject parcel only abuts Lot 6, 7, & 8 of Delray Beach Estates, which
is owned by the applicant, this abandonment will not prevent access to any
adjacent parcels.
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.
All utility services cu~ently located in the subject'right-of-way w~ll' continue to
function as they do presently. The provision of a general utility easement for
the entire abandonment area will accommodate future maintenance and
improvements of any public utilities for all adjacent parcels. Access to the
properties will not be negatively affected.
Community Redevelopment Agency (CRA): The CRA considered this
abandonment at its meeting of August 23, 2001, and recommended approval.
Courtesy Notices:
Courtesy notices have been provided to the following:
Presidents Council
PROD (Progressive Residents of Delray)
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.
I
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 abandonment area will satisfy all future utility needs.
Planning and Zoning Board Staff Report
Dixie Highway (Delray Cycle) R-O-W Abandonment
Page 4
L ALTERNATIVE ACTIONS J
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(O)(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~ I
By motion, recommend to the City Commission approval of the abandonment of
the east 20.25' by 303.75' portion of Dixie Highway right-of-way (directly adjacent
to Lots 6, 7, & 6 of the Plat of Delray Beach Estates), based upon positive
findings with respect to LDR Section 2.4.6(0)(5), subject to the following
conditions:
1. Provision of a replacement access and utility easement for the full length and
width of the abandonment area,
2. Prior to City Commission action, all landscaping previously approved, be
removed from the abandonment area.
Attachments:
· Location Map
· Reduced Survey
S:\Planning&Zoning\boards\P&Z~DlryCy Aban.doc
18111illllkllillllllflllll
)
0~/28t2002 1-1:1'1:23 20020109460
OR BR 13458 PG 1649
Palm Beach County, Flo'rida
RESOLUTION NO. 19-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DF.I.RAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE DIXIE HIGHWAY
RIGHT-OF-WAY (ROW) LOCATED APPROXIMATELY 1,320
FEET SOUTH OF GULFSTREAM BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A GENERAL UTILITY
EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER
THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY
DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of the Dixie Highway Right-of-Way (ROW), as more particularly
described herein; and
WHEREAS, said application for abandonment of a general public 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(O)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on September 24,
2001, and voted 4 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 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 Detray 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 general 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 FOLI-OWS:
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 k holds to the following real property for fight-of-way purposes only, but does not
abandon and retains and reserves unto itself a general utility easement over the entire area thereof,
more particularly described as follows:
Resolution No. 19-02
BOOK 13~.~ P~E 16,~I~
A portion of Dixie Highway fight-of-way lying in Delray Beach
Estates, according to the plat thereof as recorded in Plat Book 21,
Page 13, of the public records of Palm Beach County, Florida. Being
fully described as follows:
Beginning at the southwest comer of Lot 6 of said Delray Beach
Estates; thence North 71'16'30" West, a distance of 20.25 feet;
thence North 09°42'31" East, a distance of 303.75 feet; thence South
71°16'30" East, a distance of 20.25 feet to the northwest comer of
Lot 8, of said Delray Beach Estates; thence South 09°42'31" West,
along the east fight-of-way line of Dixie Highway, a distance of
303.75 feet to the point of beginning.
Containing 6,075 square feet more or less.
Section 2. That the Delray Beach City Commission hereby retains and reserves unto
itself a general 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:
A portion of Dixie Highway fight-of-way lying in Delray Beach
Estates, according to the plat thereof as recorded in Plat Book 21,
Page 13, of the public records of Palm Beach County, Florida. Being
fully described as follows:
Beginning at the southwest comer of Lot 6 of said Delray Beach
Estates; thence North 71'16'30" West, a distance of 20.25 feet;
thence North 09°42'31" East, a distance of 303.75 feet; thence South
71'16'30" East, a distance of 20.25 feet to the northwest comer of
Lot 8, of said Delray Beach Estates; thence South 09'42'31" West,
along the east fight-of-way line of Dixie Highway, a distance of
303.75 feet to the point of beginning.
Containing 6,075 square feet more or less.
Resolution No. 19-02
BO0~ 1345~ P~GE 1651
}
PASSED AND ADOPTED in regular session o this the 19a y o Feb 02. ~
MAYOR
City Clerk
Resolution No. 19-02
BI~ i3458 I~ i65~
Oor. oehy H. Hilken, Clerk
, -%