Res 18-98 I
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RESOLUTION NO. 18-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN
UNIMPROVED TWENTY-FIVE FOOT WIDE RIGHT-OF-WAY
LOCATED NORTH OF S.W. 6TH STREET, BETWEEN S.W. 15TH
TERRACE AND INTERSTATE-95, AS MORE PARTICULARLY
DESCRIBED HEREIN, AND ASSOCIATED WITH THE
ESTabLISHMENT OF EMMANUAL EVanGELICAL LUTHERAN
CHURCH.
WHEREAS, an application for abandonment of an unimproved
twenty-five foot (25') wide right-of-way located north of S.W. 6th
Street, between S.W. 15th Terrace and Interstate-95, as more
particularly described herein, was received by the City of Delray
Beach in association with the establishment of Emmanuel Evangelical
Lutheran Church; and
WHEREAS, the application for abandonment of a portion of
said 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(0) (3) (d), the
Planning and Zoning Board, as Local Planning Agency, formally reviewed
this matter at a public hearing on April 28, 1997, and voted 6 to 0
to recommend approval of the abandonment, based upon positive
findings pursuant 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 alley
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:
pursuant to Chapter 177.101(5) and Chapter
Section
1.
That
166 of the Florida Statutes, it is hereby determined to vacate and
abandon all right and interest it holds to the following real
property:
A 25 foot road easement over the North 25.00 feet
and the East 25.00 feet of Tract 1, MODEL LAND
COMPANY'S Subdivision of the Southeast Quarter and
East Half of the Northeast Quarter of Section 19,
Tcwnship 46 South, Range 43 East, a subdivision as
recorded in Plat Book 6, Page 53, in the Public
Records of Palm Beach County, Florida, lyin9 East
of Interstate-95 ri~ht-of-way.
Containin~ 0.41 acre, more or less.
PASSED AND ADOPTED in regular session on this the 17th day
of March, 1998.
ATTEST:
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- 2 - Res. No. 18-98
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~ i)OROTHY H. WIU(EN, CLERI( Pli COUNTY, FL
S.w. 3RD ST.
SOUTH COUNTY
ADMINISTRATIVE s.w. :~RD DELRA Y
COMPLEX FULL SERVICE
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s.w. 41H
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LOWSON BLVD. S.W. lOTH STREET
EMMANUEL EVANGELICAL LUTHERAN CHURCH
,.~,,..,.~-..~,,~ -ABANDONMENT OF ROAD RIGHT OF WAY-
CITY OF DEt. RAY BEACH. FL
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DOROTHY H. WILKEN, CLE~ PB COUNTY, FL
CITY JIF DELRRY BERI:H
DELRAY BEACH
~ CITY CLERK ~00 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444. 407/'243-7000
1993 CE RT I F I CAT I ON
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. 18-98, as
the same was passed and adopted by the Delray Beach City
Commission in regular session on the 17th day of March, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
18th day of May, 1998.
Alison MacCGrego-r ~arty /
...... "~:' City Clerk
City of Delray Beach, Florida
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO: Celeste McDonough, Administrative Assistant
FROM: Alison Harty, City Clerk~
SUBJECT: Recordinq/Resolution No. 18-98
DATE: May 18, 1998
Attached is a certified copy of Resolution No. 18-98 which
abandons an unimproved 25 ft. right-of-way associated with the
establishment of Emmanuel Evangelical Lutheran Church. It was
approved by the City Commission on March 17, 1998.
Please have the resolution recorded. When it comes back from the
County, please contact Mr. Bob Miller at 732-2719 (Home) or at
278-1737 (Church). I believe Mr. Miller is with Trinity Lutheran
Church and has been working with the Haitian congregation in
helping them to establish Emmanuel Lutheran. Also, please
forward a copy of the recorded resolution to Claire in Planning
for her file. The original should be returned to me.
Thank you.
Attachment
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIE?~C,T,~R
DEPARTMENT OF PLANN,,ING AND ZONING
FROM: CLAIRE LYTECGRAHAM, PLANNER
SUBJECT: MEETING OF MARCH 17, 1998 **CONSENT AGENDA**
ABANDONMENT OF A 25' RIGHT-OF-WAY
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The item before the City Commission is approval of the proposed abandonment of an
unimproved 25' right-of-way located approximately 105' west of the intersection of S.W.
6th Street and S.W. 17th Avenue, and approximately 117' east of 1-95. The
abandonment is associated the establishment of the Emmanuel Lutheran Church.
The right-of-way to be abandoned extends north/south for approximately 649', and
east/west for approximately 70' (approximately 17,975 sq. ft. or .41 acre in area). The
applicant is requesting the abandonment of this right-of-way in order to incorporate the
area into the vacant parcel to the west (previously excess 1-95 right-of-way) to
accommodate a proposed church.
The Planning and Zoning Board considered this request at its meeting of April 28, 1997,
and unanimously recommended approval on a 6-0 vote (Young abstaining), with conditions
that replacement easements be provided to cover existing and future FPL and Florida
Public Utilities facilities prior to scheduling the abandonment for City Commission.
Replacement easements were recently submitted.
[~ By motion, approve the abandonment of the right-of-way through the enactment of
Resolution #18-98.
Attachment: ~..~.,~y~_ ~
· Planning and Zoning Staff Report ' / ~,~//.~/~oo
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: April 28, 1997
AGENDA ITEM: IV.B.
ITEM: Abandonment of roadway for Emmanuel Evangelical Lutheran
Church, located at the northwest corner of S.W. 17th Avenue and
S.W. 6th Street.
GENERAL DATA:
Owner ............................. Leonard Surles, Sr. & Leon
Surles
Applicant ......................... Emmanuel Evangelical
Lutheran Church of Delray
Beach, FL
Agent .............................. Albert L. "Bob" Milelr
Location .......................... Northwest corner of S.W. 17th
Avenue and S.W. 6th Street
Property Size .................. 1.65 acres (0.419 acre
easement)
Future Land Use Map ..... Low Density Residential
Current Zoning ................ R-I-A (Single Family
Residential)
Adjacent Zoning .... North: OS (Open Space)
East: R-I-A
South: OS
West: Interstate 1-95
Existing Land Use ........... Vacant
Proposed Land Use ........ Abandonment of roadway to
accommodate the construction
of a church.
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 25' right-of-way located approximately 105' west of the
intersection of S.W. 6th Street and S.W. 17th Avenue, and approximately 117' east of 1-95.
The abandonment is associated the establishment of the Emmanuel Lutheran Church.
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0),
Abandonment of Rights-of-Way.
The subject right-of-way was created with the Model Land Company's Subdivision in May,
1916 and has not been improved.
The right-of-way to be abandoned extends north/south for approximately 649', and east/west
for approximately 70' (approximately 17,975 sq. ft. or .41 acre in area). The applicant is
requesting the abandonment of this right-of-way in order to incorporate the area into the
vacant parcel to the west, previously excess 1-95 .right-of-way-to accommodate a proposed
church. A Conditional Use request is being processed with the abandonment to allow a
church in the R-I-A zone district.
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. As the
25' right-of-way was established with the creation of the Model Land Company Subdivision,
the entire 25' will revert to the property owner of the vacant parcel to the west.
The Environmental Services Department has reviewed the abandonment request and has no
objection as the City has no water or sewer mains in this roadway, and there are no plans for
its improvement. An overhead utility line exists in a 6' utility easement on the east side of the
subject roadway. BellSouth has indicated that they have service located on this line,
however, they have no objection to the abandonment. Florida Power and Light has
crossarms on these poles that overhang into the abandonment area. A 10' utility easement
centered over existing FPL facilities is required in order for FPL to approve the
abandonment. Florida Public Utilities Company has indicated they have existing gas
facilities within the abandonment area and a separate easement must be granted in order to
approve the request. The provision of adequate easement documents to cover the FPL and
Florida Public Utilities facilities prior to scheduling this abandonment before City Commission
is attached as a condition of approval.
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Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved,
the following findings must be made:
Planning and Zoning Board Staff Report
Abandonment of a 25' Right-of-Way (Emmanuel Lutheran Church)
Page 2
A) That there is not, nor will there be a need for the use of the right-of-way for any
public purpose.
As the additional right-of-way is unimproved and there are no plans to improve this 25'
roadway, there is no need, nor will there be a need for the use of the right-of-way for any
public purpose.
B) That the abandonment does not, nor will not, prevent access to a lot of record.
The right-of-way in question is unimproved and located adjacent to single family homes to
the east that take access from S.W. 15th Terrace and S.W. 17th Avenue. The future church
will take access from S.W. 6th Street. Abandonment of the subject right-of-way will not
prevent access to any lots of record.
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.
No access is taken from the subject right-of-way. Easements to cover existing FPL and
Florida Public Utilities are required in order for FPL and Florida Public Utilities to agree to the
abandonment. With the required easements in place, no detriment will result in the provision
of the above services.
As the subject right-of-way is unimproved and there are no plans to improve it for public
access, its intended use is limited. By abandoning the area to private interests, the property
will be improved upon and properly maintained. In order to abandon the additional right-of-
way an easement must be provided to accommodate the existing FPL and Florida Public
Utilities services. A revised survey showing the FPL and Florida Public Utilities easements
and easement documentation must be provided prior to City Commission action on the
abandonment.
1. Continue with direction.
2. Recommend approval of the abandonment based on positive findings with respect to
LDR Section 2.4.6(O)(5), subject to conditions.
3. Recommend denial of the abandonment based upon a failure to make positive findings
with respect to LDR Section 2.4.6(0)(5).
Planning and Zoning Board Staff Report
Abandonment of a 25' Right-of-Way (Emmanuel Lutheran Church)
Page 3
By motion, recommend approval of the abandonment the 25' right-of-way east of 1-95 based
on positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following
conditions:
1. That a 10' utility easement centered over existing FPL facilities be provided to cover
existing and future FPL facilities prior to scheduling the abandonment for City
Commission.
2. That a separate easement be granted to Florida Public Utilities Company to cover
existing and future Florida Public Utilities facilities prior to scheduling the abandonment
for City Commission.
3. That the Conditional Use request to establish a church in the R-I-A zone district be
approved by the City Commission.
Attachment:
El Location Map & Reduced Survey