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Res 66-02RESOLUTION NO. 66-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF D~Y BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE AIJ.EY RIGHT-OF- WAY (ROW) LOCATED IN THE SOUTH HALF OF BLOCK 28, PLAT OF THE TOWN OF LINTON (NOW DFJ.RAY), AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of the Block 28 Alley Right-of-Way (ROW), as more particularly described herein; and WHEREAS, said application for abandonment of a general public fight-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)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on May 21, 2001, and voted 7 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(O)(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 fight-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 FOIJ.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 fight and interest it holds to the following real property for fight-of-way purposes more particularly described as follows: THAT PORTION OF A 16 FOOT .AIJ.EY RIGHT-OF-WAY LYING EAST OF AND ADJACENT TO LOT 5, LESS THE NORTH 50 FEET THEREOF AND LOT 6, AND THAT PORTION OF THE 16 FOOT .Al J.EY RIGHT-OF-WAY LYING NORTH OF AND ADJACENT TO LOTS 13 THROUGH 16, INCLUSIVE, AIJ. BEING IN BLOCK 28, TOWN OF LINTON (NOW DELRAY BEACH), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3 (SHEET 2), PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 6, 040 SQUARE FEET MORE OR LESS. PASSED AND ADOPTED in reg. l~r session on this the 6~ day of August, 2002. MAYOR ATTEST: City Clerk 2 RES. NO. 66-02 L~ LJ MT. OLIVE -r PROPERTY -r: CRA PROPERTY ,.---. ABANDON ABANDCIN TO THE CRA CRA PR()PERTY I ATLANTIC AVENUE ~ ABANDONED PROPERTY DISPOSITION MAP c,T¥ oF OEL.A¥ BEACH. rL PORTION OF ALLEYWAY WITHIN BLOCK 28. TOWN OF DELI:bAY · PLANNING & ZONING DEPARTMENT -- OIGITAJ.. ~45E M.4P SVETg'M -- MAP REF. LM51B CITY MARTIN LUTHER KING JR. DRIVE N W. 2ND ST :r :r :r , :r r2 CITY HALL N W 1ST ST. N.~¢ :~ ~ ~ ~1 COMMUNI r¥ : ~~ ~! ~ CENTER : STATION ~ ~ i STADIUM I ATLANTIC AVENUE ~ COMPLEX COUNTY - ' ~ COURT HOUSE < ~ ~ > S W. 1ST ST S.W. 1ST ST. _ ~ ~ ~ ~ ~ -- N - ABANDOnMEnT- ~ ~ORTIO~ OF ~[k~Y WITHI~ BkOGK 28, IOW~ PLANNING ~ ZONING DEPARTMENT~ - ABANDONMENT AR~ - AT~NTtC GROVE PROJECT BOUNDARY -- DIGITAL ~SE ~P S~TEM -- M~ REF LM518 FIRE STATION NO. I CURB & GUTTER CONC ~AL~ S. 0o00'45°W CA TCH TELEPHONE S 0'00'45'W ANCHOR A VED 50 O' -~6' UTILITy EASE& ~.NT PEP, O.R.B 10949, PAGE PLA TTED ALLEY RIGHT OF ifa Y ABANDONE~ RESOLUTION NO 39-97 {ORB 10949, PAGE ~_N.W. 4TH CA TCh' BASIN 5 TORW A VENUE ~'~C~ATCH BASIN / .¥ I TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION MANAGER OF PLANNING AND ZONING MEETING OF AUGUST 6, 2002 *CONSENT AGENDA* ABANDONMENT OF THE EAST-WEST ALLEY AND A PORTION OF THE NORTH-SOUTH ALLEY WITHIN BLOCK 28 - TOWN OF DELRAY PLAT, LOCATED BETWEEN NW 4TM AND NW 5TM AVENUES. BACKGROUND The request involves abandoning a 16-foot wide alley, approximately 287 feet in length, running east/west and a 16' alley, approximately 99' in length, running north/south in Block 28, Town of Linton (Delray) Plat (Plat Book 1, Page 3). The subject alleyways were dedicated with the recordation of the Plat in 1896. The abandonment request was submitted by Atlantic Grove Partners, LLC, which is developing a mixed-use project on Blocks 28 & 36. The proposed project, known as "Atlantic Grove", will contain 55 townhouse units, 20 condominium units and 47,856 sq. ft. sq. ft. of retail/office/restaurant. The project received site plan approval at the Historic Preservation Board (HPB) meeting of August 15, 2001, and is concurrently seeking plat approval with this abandonment request. Positive findings can be made pursuant to LDR Section 2.4.6(O)(5), in that there is not, nor will there be a need for the use of the right-of-way for any public purpose; the abandonment does not, nor will it prevent access to a lot of record; and, the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of May 21, 2001, the Planning and Zoning Board held a public hearing in conjunction with review of the alleyway abandonment. Three members of the public spoke on the issue and were in support of the proposal. After closing the public hearing, the Board unanimously recommended approval of the abandonment on a 7 to 0 vote. RECOMMENDED ACTION By motion, approve the abandonment of the alleys, based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachments: · Abandonment Resolution · P & Z Staff Report of May 21,2001 · Location Map s:\planning & zoning\boards\city commission\block 28 alleyway abandonment.doc RESOLUTION NO. 66-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEl .RAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE 31J.EY RIGHT-OF- WAY (ROW) LOCATED IN THE SOUTH HALF OF BLOCK 28, PLAT OF THE TOWN OF LINTON (NOW DELRAY), AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, abandonment of a portion described herein; and the City of Delray Beach, Florida, received an application for of the Block 28 Alley Right-of-Way (ROW), as more particularly WHEREAS, said application for abandonment of a general public fight-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)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on May 21, 2001, and voted 7 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(O)(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 fight-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 FOI J.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 it holds to the following real property for fight-of-way purposes more pattio~lurly described as follows: THAT PORTION OF A 16 FOOT AIJ.EY RIGHT-OF-WAY LYING EAST OF AND ADJACENT TO LOT 5, LESS THE NORTH 50 FEET THEREOF AND LOT 6, AND THAT PORTION OF THE 16 FOOT AI.I.EY RIGHT-OF-WAY LYING NORTH OF AND ADJACENT TO LOTS 13 THROUGH 16, INCLUSIVE, AI.I. BEING IN BLOCK 28, TOWN OF LINTON (NOW DRI.RAY BE. ACH), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3 (SHEET 2), PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 6, 040 SQUARE FEET MORE OR LESS. PASSED AND ADOPTED in regular session on this the 6m day of August, 2002. ATTEST: MAYOR City Clerk 2 RES. NO. 66-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: May 21, 2001 IV.E. Abandonment of a 16' East/West Alleyway and a Portion of the 16' North/South Alleyway lying within Block 28 (North of 400 Block of West Atlantic Avenue), Located on the North Side of West Atlantic Avenue, Between N.W. 4th and 5th Avenues (Atlantic Grove Development). HALL COMMUNITY CENTER T~NNIS ATLANTIC FIRE S T.4 TION NO I HOUSE GENERAL DATA: Owner .................................. Delray Beach Community Redevelopment Agency Agent ................................... Tim Hernandez, New Urban Atlantic Grove, LLC. Applicant .............................. Atlantic Grove Partners, LLC Location ............................... 16' east/west alleyway and a porhon of the 16' north/south alleyway lying within Block 28, Town of Delray Property Size ........................ 0.142 Acre Existing FLUM Designation.. General Commercial Current Zoning ..................... GC (General Commercial) Adjacent Zonings ........ North: CF (Community Facilities) & GC East: CF South: GC West: GC Existing Land Use ................ Improved alleyway Proposed Land Use ............. Abandonment of alleyway to be incorporated into adjacent properties to accommodate a proposed development project (Atlantic Grove). Water Service ....................... n/a Sewer Service ...................... n/a IV.E. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on abandonment of the east-west alley and a portion of the north-south alley within Block 28, Town of Linton (Delray) for the proposed Atlantic Grove mixed-use project. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. BACKGROUND The subject alleyways were dedicated with the recordation of the Town of Linton (Delray) Plat (Plat Book 1, Page 3), in July of 1896. Both alleys are paved. The east-west alley provides access between NW 4th Avenue and NW 5th Avenue. The north-south alley, which extends from the east-west alley on the south, to NW 1st Street on the north, was abandoned north of the Atlantic Grove project in 1997 at the request of the Greater Mount Olive Missionary Baptist Church. The church subsequently erected a fence to restrict access to the abandoned portion of the alley. ABANDONMENT DESCRIPTION The east-west alley is a 16' x 287.08 rectangular shaped parcel containing approximately 4,593 sq. ft. (0.105 acres). The north-south alley is a 16' x 99.44' rectangular shaped parcel containing approximately 1,591 sq. ft. (0.037 acres). Together, the two alleyways equal 6,184 square feet or 0.142 acres. The abandonment request was submitted by Atlantic Grove Partners, LLC, which was chosen by the Community Redevelopment Agency (CRA) through a Request for Proposal (RFP) process and subsequent contract, to develop a mixed-use project on Blocks 28 & 36. The proposed project, known as "Atlantic Grove", will contain 59 townhouse units and 71,844 sq. ft. of commercial space. The total land area of the project, including the subject alleyways, is 4.79 acres. The applicant has also submitted applications for Conditional Use and Site Plan Approval. A replat of the aggregated parcels and abandoned alleys is also required to unify the Atlantic Grove project. 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, Le. 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. Mt. Olive Baptist Church, being the fee simple owner of Lots 11 and 12, is entitled to the east eight (8) feet and the north eight (8) feet of the abandonment area adjacent to Planning and Zoning Board St~~* Report Block 28 Alleyway Abandonm~ Page 2 those parcels. The CRA, being the fee-simple owner of Lots 13-16, Lot 6 and the South 24.72' of Lot 5, is entitled to the remainder of the abandonment area. However, if the applicant closes on the CRA's property prior to the effective date of the abandonment resolution, then the applicant shall be entitled to this abandonment area. Utility Services According to Section Xl (I) of the "Contract For Sale, Purchase And Development Agreement", between the CRA and the Applicant (Buyer): Buyer further acknowledges that Buyer shall be required to provide, at Buyer's expense, such utility easements or replacement easements for the relocated utilities together with temporary easements to the utilities and facilities on the property conveyed hereunder which temporary easements shall be terminated on the relocation of said utilities and the City's receipt of the permanent easements thereby as the City and applicable utilities may reasonably require. Buyer shall be responsible for all costs of relocating and substituting any required utilities. Currently, Florida Public Utilities, Florida Power & Light, Adelphia Cable and BellSouth services have utilities within the subject alleys. City utilities within the alleys include a sanitary sewer main in the east/west alley and a storm sewer in the north-south alley. Letters have been sent to the utility providers to determine the status of existing utilities and the need for replacement easements. Although responses have not yet been received, satisfactory disposition of all utility issues, according to the terms and conditions of the aforementioned contract will be a condition of approval for this abandonment. Since access to the rear of the Atlantic Grove commercial building will be provided through a proposed parking lot and given that the alleyway has already been abandoned to the north, the City's Fire Department has no objection to the abandonment. REQUIRED FINDINGS 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 intended purpose of the alleys is to provide secondary access to the buildings on adjacent streets. However, since the north-south alley has already been abandoned to the north and the east-west will not be needed for access once construction of the parking lot for the Atlantic Grove project is completed, the intended public use for local traffic circulation is limited at best. The City has no plans to utilize either alleyway for any other public purpose. Planning and Zoning Board Sta~* Report Block 28 Alleyway Abandonm~ Page 3 B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject abandonment will not prevent access to any parcel, as all affected parcels take primary access from either Atlantic Avenue, NW 4th Avenue, or NVV 5th Avenue. Access to the rear of Mount Olive church is provided by a replacement utility and access easement on the already abandoned portion of the alley. Access to the rear of the Atlantic Grove project's commercial building will be provided through the proposed parking lot. 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. As per the terms and conditions of the purchase contract, the applicant is responsible to grant replacement easements and/or provide for the relocation of existing utilities. The contract specifically states that the applicant will be responsible for all associated costs of this process. All utilities, currently located in the subject alleys, will be accommodated through replacement easements or relocation so that they will provide the same or better services to the adjacent lots. Since a replat is required to create fee-simple lots for the townhouse units and to aggregate the parcels and the abandoned alleys for the Atlantic Grove project, the disposition of existing utility services will be addressed through the platting process. This is a condition of approval for this abandonment. REVIEW BY OTHERS The development proposal is within the geographical area requiring review by the WARC (West Atlantic Avenue Redevelopment Coalition), the CRA (Community Redevelopment Agency) and the DDA (Downtown Development Authority). A portion of the abandonment area is located within the West Settlers Historic District, which requires review by the HPB (Historic Preservation Board). The WARC reviewed the abandonment request at its meeting of May 2, 2001, and recommended approval. The CRA, reviewed the abandonment request at its meeting of May 10, 2001, and recommended approval. HPB reviewed the abandonment request at its meeting of May 16, 2001, and recommended approval. The DDA reviewed the abandonment request at its meeting of May 16, 2001, and recommended approval. 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. Courtesy Notices: Courtesy notices have been provided to the following groups: [] PROD - Progressive Residents of Delray Planning and Zoning Board Staff Report Block 28 Alleyway Abandonm( Page 4 West Settlers Historic Homeowners Association Delray Merchants Association Chamber of Commerce Presidents Council ASSESSMENT By abandoning this area, the City is helping to promote the redevelopment of West Atlantic Avenue. Since the purpose of the abandonment is to aggregate individual parcels with the vacated area, in order to provide a larger land area for the mixed-use development, the surrounding neighborhood and downtown in general, will benefit from the resulting growth. The abandonment will not prevent access to adjacent lots of record. Required replacement or relocated easements will be dedicated through a replat of the property. ALTERNATIVE ACTIONS Continue with direction. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6(0)(5). 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 east-west alley and a portion of the north-south alley, lying within Block 28, Town of Linton (Delray), based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following condition: That a replat of the property, which satisfactorily addresses the disposition of all utilities through the provision of replacement easements or relocation of existing facilities be approved concurrently with the Resolution for Abandonment. Attachments: · Location Map · Abandoned Property Disposition Map · Reduced Survey s:\planning & zoning\boards\p&z board\block28alleyabandonment.doc '. ~0¥W '~f,60~ 'g'~O) ~6--~£ 'ON NOIII~7OSg~ , ~NOON¥8¥ A V~ -40 1/40~ 1377¥ ~Z~J_Z ¥'/W .~- : 30vd '6.6~ '$'E'O d3d iN~$SV2 l.bqlill .~- · 00~ EO~DNV '/~.£~,00o0'$ MARTIN N.W. LUTHER AT KING JR. 1ST FIRE STATION NO. 1 DRIVE LANTIC 1ST ST. POLICE COMPLEX ST. N.W, 2ND CITY A TTORNE Y ST. CITY HALL COMMUNITY CENTER TENNIS STADIUM AV SOUTH COUNTY COURT HOUSE ENUE S.W. 1ST ST. N CiTY OF' D[LRAY B[ACH, FL PLANNING & ZONING DEPARTMENT - ABANDONMENT- | PORTION OF ALLEYWAY WITHIN BLOCK 28, TOWN OF DELRAY l- ABANDONMENT AREA ........ ATLANTIC GROVE PROJECT BOUNDARY --- O/G/fA/,. ~.~E' MA,o ,~'Y~7'~'"M -- MAP REF: LM518 MT. OLIVE T' PROPERTY T CRA PROPERTY ~ ABANDON ~ kTO MT. OLIVE k. ABAND( N TO THE CRA CRA PR()PERTY ATLANTIC AVENUE N ~ ABANDONED PROPERTY DISPOSITION MAP cm. or ~,.^¥ .~^c.... PORTION OF ALLEYWAY WITHIN BLOCK 28, TOWN OF DELI;JAY PLANNING a, ZONING DE:PARTI~NT rITVDELRr?V I Erl£H DELRAY BEACH CITY CLERK 100N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 . 561/243-7000 1993 CERTIFICATION I, BARBARA GARITO, City Clerk of the City of De]ray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 66-02, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 6~h of August, 2002. IN WITNESS WHEREOF, I have hereunto set my hand s,~d the official seal of the City of Delray Beach, Florida, on this the 7~ day of August, 2002. Barbara Garito City Clerk City of Delray Beach, Florida THE EFFORT ALWAYS MATTERS