Res 39-97 Feb-24-19990~:4§pl 99--075845
ORB 1 0949 P~! 757
RESOLUTION NO. 39-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF THE NORTH/SOUTH ALLEY RIGHT-OF-WAY FOR
ROADWAY PURPOSES ONLY WITHIN BLOCK 28, TOWN OF
DELRAY, RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS
MORE PARTICULARLY DESCRIBED HEREIN, LOCATED SOUTH
OF THE GREATER MOUNT OLIVE MISSIONARY BAPTIST
CHURCH BETWEEN N.W. 4TH AVENUE AND N.W. 5TH AVENUE,
AND RESERVING AND RETAINING TO THE CITY A UTILITY
EASEMENT OVER THE ENTIRE AREA THEREOF, AND BEING
MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an
application for abandonment of a portion of the north/south alley
right-of-way lying within Block 28, Town of Delray, being located
south of the Greater Mount Olive Missionary Baptist Church, between
N.W. 4th Avenue and N.W. 5th Avenue, as more particularly described
herein; and
WHEREAS, the application for abandonment of a portion 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) (d), the
Planning and Zoning Board, as Local Planning Agency, formally reviewed
this petition at a public hearing on April 28, 1997, and recommended
approval of the abandonment, based upon positive findings pursuant to
LDR Section 2.4.6(0) (5) and subject to the condition that a utility
and drainage easement be retained over the abandonment area to
accommodate the existing utility and drainage facilities; 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(0) (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 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 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:
That part of the alley right of way in Block 28,
Map Of Town of Linton (now Delray Beach), according
to the Plat thereof recorded in Plat Book 1, Page 3
(Sheet 2) of the Public Records of Palm Beach
County, Florida; and in the Plat of Mt. Olive
Baptist Church Property, according to the plat
thereof recorded in Plat Book 69, Page 20 of the
public records of Palm Beach County, Florida,
bounded as follows:
On the west by the east line of the north 50 feet
of Lot 5 and all of Lot 4, Town of Linton (now
Delray Beach) and the south 74.72' of Lot 1, Mt.
Olive Baptist Church property; on the north by the
easterly extension of the north line of the south
74.72' of Lot 1, Mt. Olive Baptist Church property;
on the east by the west line of Lot 9, Block 28,
Town of Linton (now Delray Beach) and the north
124.72 feet of Lot 2, Mt. Olive Baptist Church
property; and on the south by the westerly
extension of the south line of the north 124.72' of
Lot 2, Mt. Olive Baptist Church property.
Containing 3,191 sq.ft. (0.073 acre), more or less.
PASSED AND ADOPTED in regular session on this the 6th day
of May, 1997.
ATTEST: ~A~
~City Cl~rk
- 2 - Res. No. 39-97
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--,I,-. ABANDONMENT OF ALLEY R-O-W __
"~-'"'"'"'"°~"'~'"~"? BLOCK 28, TOWN OF LINTON
CITY OF D[LRAY BI[A~H, FL
laAP REF: Lla 146
O~i~ 10949 P§ 760
DOROTHY H. WILMEN, CLER~ PB COUNTY, FL
.CITY DF DELRR¥ BERrH
DELRAY BEACH
~ CITY CLERK ,00 N.W. 1st AVENUE. DELRAY BEACH, FLOR,DA 33444. 407/243-7000
~ll-~lmrica City
1993 12 R R T I F I 12 A T I O N
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. 39-97, as
the same was passed and adopted by the Delray Beach City
Commission in regular session on the 6th day of May, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of De!ray Beach, Florida, on this the
19th day of February, 1999.
Alison MacGreg6~ ~arty-
City Clerk
City of Delray Beach Florida
MEMORANDUM
TO: Celeste McDonough, Administrative Assistant
F~M~.'~ Alison Harty, City Clerk~
SUBJECT: Resolution No. 39-97 Abandoninq A Portion of Alley
Riqht-of-Way Within Block 28 (Mount Olive Missionary
Baptist Church)
DATE: February 19, 1999
Attached is a certified copy of Res. #3~-97 which abandons a
portion of the north/south alley right-of-way within Block 28,
Town of Delray, but retains to the City a utility easement over
the entire area thereof. The abandonment was necessary to
accommodate the establishment of a child care center at Greater
Mount Olive Missionary Church. The resolution was approved by
the City Commission on May 6, 1997. Apparently, it was never
recorded.
Please send for recording. When it comes back from the County,
please return the original to me.
Thanks.
Attachment
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
CIT
SUBJECT: AGENDA ITEM # ~ REGULAR MEETING OF MAY 6, 1997
RESOLUTION NO. 39-97/ALLEY ABANDONMENT WITHIN BLOCK 28,
TOWN OF DELRAY, FOR GREATER MOUNT OLIVE MISSIONARY
BAPTIST CHURCH
DATE: MAY 2, 1997
This is before the Commission to consider approval of a
resolution abandoning a portion of the north/south alley
right-of-way within Block 28, Town of Delray, associated with the
Greater Mount Olive Missionary Baptist Church child care center.
The property is located south of N.W. 1st Street, between N.W.
4th and 5th Avenues.
Mount Olive proposes to operate a child care center within the
existing church facility, with the play area to be located at the
south end of the church's property abutting the west side of the
portion of the alley to be abandoned. In order to access the
play area, children must use the alley. The Palm Beach County
Health Department will not allow children to use a dedicated
public right-of-way to access different areas of the property.
The abandonment will permit the alley to be aggregated to the
church property and allow the child care center to be
established.
The alley is currently improved and contains existing utilities
and drainage facilities. The resolution as drafted abandons the
subject property for roadway purposes only, but retains and
reserves to the City a utility easement over the entire area to
accommodate these facilities.
The Planning and Zoning Board considered the application at a
public hearing on April 28, 1997, and voted unanimously to
recommend approval based upon positive findings with respect to
LDR Section 2.4.6(0) (5) and subject to the condition that an
easement be retained over the abandonment to accommodate the
drainage and utility facilities.
Recommend approval of Resolution No. 39-97, based upon positive
findings with respect to LDR Section 2.4.6(0) (5) .
ref:agmemo8 ~ ~-O
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUIEZ, I~IRECTOR
z
SUBJECT: MEETING OF MAY 6, 1997
ALLEY ABANDONMENT WITHIN BLOCK 28, TOWN OF LINTON
FOR GREATER MT. OLIVE MISSIONARY BAPTIST CHURCH
AND ACCEPTANCE OF UTILITY AND DRAINAGE EASEMENTS.
The action requested of the City Commission is approval an
abandonment of a portion of an alley within Block 28, Town of
Linton for Greater Mount Olive Missionary Baptist Church,
along with acceptance of a utility and drainage easement.
The subject right-of-way is a portion of the north/south alley located
south of N.W. 1st Street, between N.W. 5th Avenue and N.W. 4th
Avenue.
The proposal is to abandon the portion of the 16' wide alley abutting Lot 9, Lot 4,
and the north 50 feet of Lot 5, Block 28, Town of Linton, and Lots 1 and 2 Mt.
Olive Baptist Church plat. The area of the alley to be abandoned is 3,191 sq.ft.
(0.073 acres) and has been improved. Within the alley there are existing utilities
(i.e. electric, phone cable tv, gas) and drainage facilities. The abandonment is
being sought to aggregate the Mt. Olive holdings on each side of the alley. The
future operations include plans for a child care facility and associated play area.
Currently, in order to access the play area, children must cross the alley.
However, the Palm Beach County Health Department (child care permitting
City Commission Documentation
Alley Abandonment within Block 28, Town of Linton for Greater Mt. Olive Missionary Baptist
Page 2
agency) will not permit children to utilize a dedicated public right-of-way to
access different areas of the property.
At its meeting of April 28, 1997, the Planning and Zoning Board held a public
hearing regarding the request. There was no public testimony regarding the
proposed abandonment. After reviewing the staff report, the Board
recommended approval (7-0 vote) based upon positive findings with respect to
LDR Section 2.4.6(0)(5), subject to the condition that a utility and drainage
easement be retained over the abandonment area to accommodate the existing
utility and drainage facilities.
By motion, approve the Resolution for the abandonment of a portion of an alley
within Block 28, Town of Linton, for Greater Mount Olive Missionary Baptist
Church, and accept the retention of a utility and drainage easement, based
upon positive findings with respect to LDR Section 2.4.6(0)(5).
Attachments:
· Planning and Zoning Board Staff Report and Documentation of April 28, 1997
· Resolution by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE- April 28, 1997
AGENDA ITEM: ~V.C.
ITEM: Abandonment of a Portion of the North/South Alleyway Lying South of the
Greater Mt. Olive Missionary Baptist Church, Between N.W. 4th Avenue
and N.W. 5th Avenue.
N.W. 1ST ST.
$ TA TION ~ TENNIS
~ ~ ~ NO. I ~ ~
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A T L A N T ~ C A V E N U F_. -
GENERAL DATA:
Owner ............................. City of Delray Beach
Applicant ......................... Greater Mount Olive Missionary Baptist Church
Location .......................... South of Greater Mt. Olive Church between N.W. 4th and N.W. 5th
Avenues.
Property Size .................. 0.073 Acre
Future Land Use Map ..... General Commercial
Current Zoning ................ CF (Community Facilities) and R-I-A (Single Family Residential)
Adjacent Zoning .... North: CF
East: CF & R-1-A (Single Family Residential)
South: GC (General Commercial) and CF
West: CF
Existing Land Use ........... Improved alley right-of-way.
Proposed Land Use ........ Abandonment of a portion of the north/south alley right-of-way
lying within Block 28, in order for the church to establish a child
care center within the existing church building and utilize the
recently purchased property on the west side of the alley as the
associated playground.
Water Service ................. N/A
Sewer Service ................. N/A -
IV.C.
The item before the Board is that of making a recommendation to
the City Commission on an abandonment of a portion of an alley
within Block 28, Town of Linton for Greater Mount Olive
Missionary Baptist Church, pursuant to LDR Section 2.4.5(0).
The subject right-of-way is a portion of the north/south alley located
south of N.W. 1st Street, between N.W. 5th Avenue and N.W. 4th
Avenue.
The subject alley was dedicated with the recordation of the plat of Town of Linton
and has been improved.
On February 25, 1991, the Planning and Zoning Board approved a minor
conditional use modification for Mt. Olive Baptist Church to construct a 13,604
sq.ft, building addition onto the existing sanctuary and expansion of the parking
lot to the west side of the subject alley. The addition has been constructed and
contains a multipurpose auditorium, choir rooms, meeting rooms, offices and a
kitchen. On March 26, 1991, the City Commission approved a rezoning from R-
1-A (Single Family Residential) and GC (General Commercial) to CF
(Community Facilities) for the church properties, including their surrounding
parking areas.
On October 8, 1991, the City Commission approved the plat for Mt. Olive Baptist
Church together with abandonment of the north portion of the alley lying between
the sanctuary on the east side of the alley, and the church's parking on the west
side of the alley.
On August 10, 1993, the City Commission approved a rezoning from R-1-A to
CF and Conditional Use approval for the church property on the east side of
N.W. 4th Avenue to allow the construction of a 42-space off-site parking lot for
church overflow parking.
On November 19, 1996, the City Commission approved rezoning of Lot 4 and
the north 50 feet of Lot 5, Block 28, Town of Linton (on the west side of the
subject alley) from GC (General Commercial) to CF (Communities Facilities) to
accommodate a proposed child care center and youth center. The development
proposal is to install the play area for the child care center which will be located
in the church structure. In October 1996, a site plan modification was processed
to install a fence to enclose the west portion of the church property including the
proposed playground area with gates at the south end of the portion of the alley
proposed for abandonment and at the north end of the property, where the alley
was previously abandoned.
P & Z Board Staff Report
Alley Abandonment within Block 28, Town of Linton for Greater Mt. Olive Missionary Baptist
Church
Page 2
The proposal is to abandon the portion of the 16' wide alley abutting Lot 9, Lot 4,
and the north 50 feet of Lot 5, Block 28, Town of Linton, and Lots 1 and 2 Mt.
Olive Baptist Church plat. The area of the alley to be abandoned is 3,191 sq.ft.
(0.073 acres) and has been improved. Mt. Olive proposes to operate a child
care center within the existing church facility, with the play area to be located at
the south end of the church's property abutting the west side of the portion of the
alley to be abandoned. In order to access the play area, children must utilize the
alley. The Palm Beach County Health Department will not permit children to
utilize a dedicated public right-of-way to access different areas of the property.
The abandonment will permit the alley to be aggregated to the church property
and allow the child care center to be established.
The portion of the alley to be abandoned abuts primarily church owned property
which is developed and an existing single family residence abutting the northeast
portion of the alley.
The subject alley proposed for abandonment has a width of 16'. Pursuant to
LDR ,Section 2.4.6(O)(1), public right-of-way dedicated through subdivision shall
be divided at the center line and returned equally to abutting parcels when
abandoned. Based upon the above, one-half of the alley will revert to the
owners of the abutting properties.
As previously stated, gates are to be installed at the south end of the portion of
the alley proposed for abandonment and at the north end of the property, where
the alley was previously abandoned. Emergency access will be accommodated
via the installation of knox boxes at each gate.
REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.6(0)(5) (Findings), prior to granting an
abandonment, the City Commission must make the following findings:
a) That there is not, nor will there be, a need for the use of the right-of-way
for any public purpose (Policy A-6.3 of the Traffic Element);
b) That the abandonment does not, nor will not, prevent access to a lot 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.
P & Z Board Staff Report
Alley Abandonment within Block 28, Town of Linton for Greater Mt. Olive Missionary Baptist
Church
Page 3
Within the alley there are existing utilities which include a 2" gas main, two buried
phone lines with 3 junction boxes, and overhead cable tv and power lines. Also
within the alley there are existing drainage facilities. In order to abandon the
alley, the utility and drainage facilities must be covered by a utility and drainage
easement. The properties abutting the east portion of the alley to be abandoned
are accessible via N.W. 4th Avenue and the properties on the west side are
accessible via N.W. 5th Avenue. Thus, the abandonment will not prevent access
to the properties. The church parking areas on the east and west sides of the
alley are primarily accessed via the existing and abandoned portions of the alley
north/south alley. Access to the alley will be retained by Mt. Olive Church for
traffic circulation, emergency access and utility purposes. Emergency access
will be accommodated via the installation of a knox box at each gate. Lot 9 does
not take access from the alley. This current situation will not be affected by the
abandonment. An easement is required to cover the existing utility and drainage
facilities. Thus, there will not be a detriment for the provision of access and utility
services.
The subject property is not within a geographical area requiring review by the
Downtown Development Authority (DDA)
Community Redevelopment Agency
At its meeting of September 12, 1996, the CRA reviewed the abandonment
request and had no objections.
Historic Preservation Board
At its meeting of April 16, 1997, the HPB reviewed the abandonment and had no
objections.
Public and Courtesy Notices:
Formal public notice has been provided to property owners within a 500' radius
of the subject property. Courtesy notices have been provided to the following
civic and homeowners associations:
I~ Delray Merchants
I~1 West Atlantic Properties Association
I~ Peach Umbrella
Letters of objection and support, if any, will be presented at the Planning and
Zoning Board meeting. _
P & Z Board Staff Report
Alley Abandonment within Block 28, Town of Linton for Greater Mt. Olive Missionary Baptist
Church
Page 4
The alley is currently improved and contains existing utilities and drainage
facilities. The abandonment will not prevent access to property. In order to
abandon the alley, an easement must be provided to accommodate the existing
utility and drainage facilities. The easement deed must be provided prior to City
Commission action on the abandonment. Abandoning the alley will enable Mt.
Olive Baptist Church to establish a child care center.
A. Continue with direction.
B. Recommend approval of the abandonment of a portion of an alley
abandonment within Block 28, Town of Linton, for Mt. Olive Missionary
Baptist Church based upon positive findings with respect to LDR Section
2.4.6(0)(5).
C. Recommend denial of the abandonment of a portion of an alley
abandonment within Block 28, Town of Linton, for Mt. Olive Missionary
Baptist Church based upon a failure to make positive findings with
respect to LDR Section 2.4.6(0)(5).
Recommend approval of the abandonment of a portion of an alley abandonment
within Block 28, Town of Linton, for Mt. Olive Missionary Baptist Church
based upon positive findings with respect to LDR Section 2.4.6(O)(5), subject to
the following condition:
1. That a utility and drainage easement be provided over the entire
abandonment area to accommodate the existing utility and drainage facilities,
and that such documentation be provided prior to scheduling the
abandonment for City Commission action.
Attachments:
I~1 Location Map
I~1 Survey
This Report prepared by: Jeff Costello. Senior Plar~ner