Res 128-92 7498 873
RESOLUTION NO. 128-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION
OF THE 16 FOOT ALLEY RIGHT-OF-WAY LYING WITHIN BLOCK
TOWN OF LINTON (NOW DELRAY BEACH), ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, is the owner of a
portion of the 16 foot alley right-of-way lying east of and adjacent
the east line of Lots 1, 2 and 3, Block 62, Town of Lin=on (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,
WHEREAS, Howard E. McCall, duly authorized Agent for Louis G.
Jensen, has made application for abandonment of a portion of the 16 foot
alley right-of-way lying east of and adjacent to the east line of Lots
l, 2 and 3, Block 62, Town of Lin=on (now Oelray Beach); 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 interests of
the City of Delray Beach to vacate and abandon said portion of the alley
right-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That pursuant to Chapter 177.102(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:
That part of tho alley right-of-way in Block 62, Map of
the TOWN OF LINTON (now Delray Beach), according to the
Plat thereof recorded in Plat Book l, Page 3 (Sheet 2),
of the Public Records of Palm Beach County, Florida,
bounded as follows:
On the west by the east line of Lots 1, 2 and 3, Block
62; on the south by the easterly extension of the south
line of Lot 3, Block 62; on the east by the west line of
Lots 9, 10 and 11, Block 62; and on the north by the
easterly extension of the north line of Lot 1, Block 62.
Containing 3,672 square feet or 0.0843 acre, more or
loss.
PASSED AND ADOPTED in =egular session on this the 1?th day of
November, 1992.
ATTEST:
' c£t~Clef~ '
Return lo: te~close s~f.add~essed stamped
Name
CERTIFICATION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached is a
true and correct copy of Resolution No. 128-92, as the same was
passed and adopted in regular session on the 17th day of
November, 1992, by the City Commission of the City of Delray
Beach, Florida.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
2nd day of December, 1992.
Alison ~acGr~eg~r Hasty'
· 2 City Clerk
' , City of Delray Beach, Florida
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ABSTRACT
DOCU~NTAR¥' ,=TL~-IP'~ -' 7n
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BA£ANCE
i" .'. I · .- .' iii....
5. Water and Sewer Services - Former Enclave Areas
(Seacrest Subdivision, Del Raton Park and Homewood
Park) - Tiger Construction Services, Inc., in the
amount of $345,370 with funding from 1991 Water and
Sewer Revenue Bond - Enclave Water/Sanitary Sewer -
Phase II (Account No. 447-5175-536-60.31).
6. Housing Rehab Grant awards with funding from
Community Development Block Grant - Housing Rehab
(Account No. 118-1963-554-49.19):
702 S.W. 1st Street - MJD Construction - $19,710
813 S.W. llth Terrace - MJD Construction - $16,742
230 S.W. 13th Avenue - MJD Construction - $14,926.
7. Litter Containers - West Atlantic Avenue Beautifi-
cation - Stonecraft of Boynton Beach in the amount of
$18,744 with funding from Decade of Excellence Bond
Issue - Atlanti.c Avenue 1-95 to Swinton Avenue (Account
No. 225-4141-572-61.49).
Mr. Ellingsworth moved for approval of the Consent
Agenda, as modified, .seconded by Mr. Randolph. Upon roll call
the Commission voted as follows:. Mr. Randolph - Yes; Mayor Lynch
- Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth ~ Yes.
Said motion passed with a 5 to 0 vote.
REGULAR AGENDA
9.A.A.(8.G.~ ~esolut~Qn No. 128-92. Resolution No. 128-92,
abandoning a 16-foot alley located south of S.W. 1st Street,
between Swinton Avenue and S.W. 1st Avenue, within Block 62, Town
of Linton.(Sundy House), is before the Commission for considera-
tion.
The caption of Resolution No. 128-92 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE 16 FOOT ALLEY
RIGHT-OF-WAY LYING WITHIN BLOCK 62, TOWN OF
LINTON (NOW DELRAY BEACH), ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED HEREIN.
(Copy of Resolution No. 128-92 is on file in the offi-
cial Resolution Book)
Dr. Alperin questioned the status of the Certificate of
Occupancy with regard to the Sundy House. Mr. Kovacs, Planning
Director, responded that a temporary CO has been granted until
December 1, 1992. At that time, all conditions should have been
met in order to receive the permanent CO. Dr. Alperin stated it
was his understanding that there would be no further extensions
-7- 11/17/92
granted and he wanted to make sure the applicant understands
this.
Dr. Alperin moved for the adoption of Resolution No.
128-92.
The City Attorney stated, prior to approving the reso-
lution, there are some minor technical items with respect to the
easement deed that the City accepted in the Consent Agenda that
need to be clarified. He recommended that the Commission indi-
cate in the motion that it not be signed and recorded until such
time as the release of the mortgagees has been properly formulat-
ed.
Dr. Alperin amended his motion to reflect the recommen-
dation of the City Attorney, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mayor Lynch - Yes; Mr.
Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Ran-
dolph - Yes. Said motion passed with a 5 to 0 vote.
9.A. Review of Appealable Land Development Actions of Vari-
D_~. The Commission is to consider accepting the actions
and decisions made by the Planning and Zoning Board, Site Plan
Review and Appearance Board and the Historic Preservation Board
during the period October 26, 1992 through November 13, 1992.
Dr. Alperin moved that the report be received and
filed, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said
motion passed with a 5 to 0 vote.
9.B. Architectural Elevations and Waiver Reauests/Wendv'~.
The Commission is to consider the architectural elevations and
associated landscape code waiver for Wendy's Restaurant at Boca
Rey Plaza. Site Plan Review and Appearance Board recommends
approval, subject to the conditions as outlined in the memo from
Diane Domingues, Planner III.
Mr. Mouw moved for approval of the elevations and the
waiver request for Wendy's Restaurant on West Linton Boulevard,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph
- Yes; Mayor Lynch - No; Mr. Mouw - Yes. Said motion passed with
a 4 to I vote.
'Before roll call the following discussion was had:
Mr. Randolph expressed concern with the barrel tile
roof. Peter J. Pedicini, representing Wendy's, stated that, in
order to conform with the other two outparcels, the national
franchise texture has been changed to blend in with the entire
frontage.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF NOVEMBER 17. 1992
RESOLUTION NO. 128-92
DATE: November 13, 1992
This is a resolution vacating and abandoning a portion of the 16 foot
alley right-of-way located east and adjacent to the east line of Lots
1, 2 and 3, Block 62, Town of Linton.
The alley is currently unimproved. The southern portion of the alley
was abandoned on August 28, 1967 per Resolution No. 21-67. The Sundy
House/Sundy Apartments development proposal includes utilizing the
alley right-of-way for a parking area. Replacement easements have
been provided on the replat action located elsewhere on the agenda for
approval. Additionally, an easement deed has been received from St.
Paul's Episcopal Church in order to accommodate the relocation of the
existing utilities within the alley.
The Planning and Zoning Board at their July 15, 1991 meeting
recommended approval of the alley abandonment subject to conditions.
Those conditions have been addressed. Releases have been received
from all utility providers. The abandonment is now ready to be
consummated.
Recommend approval of Resolution No. 128-92 vacating and abandoning a
portion of the 16 foot alley right-of-way located east and adjacent
to the east line of Lots 1, 2 and 3, Block 62, Town of Linton.
CITY COMMISSION DOCUMENTATION
TO: //U~D T. HARDEN,· CITY MANAGER
THRU: ID J. KOV ~IRE~TOR
DEPARTMENT.OF PLANNING AND ZONING
~L~NING TECHNICIAN II
SUBJECT: MEETING OF NOVEMBER 17, 1992 ** CONSENT AGENDA **
ABANDONMENT OF AN ALLEY LYING WITHIN BLOCK 62~ TOWN OF
LINTON ASSOCIATED WITH THE SUNDY ESTATES PLAT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
aDDroval of the abandonment of a 16' alley within Block 62,
Town of Linton associated with the Sundy Estates Plat.
The alley is located south of S.W. 1st Street, between S.
Swinton Avenue and S.W. 1st Avenue.
BACKGROUND:
The alley is currently unimproved. The southern portion of the
alley was abandoned on August 28, 1967 per Resolution No. 21-67.
The Sundy House/Sundy Apartments development proposal included
utilizing the alley right-of-way for parking area. Replacement
easements have been provided on the Sundy Estates Plat and an
easement deed has been received from St. Paul's Episcopal Church
in order to accommodate the existing utilities within the alley.
On July 15, 1991, the Planning and Zoning Board recommended
approval of the alley abandonment with conditions. One condition
required that site plan approval be obtained for the provision of
parking areas to accommodate the properties adjacent to the
alley. This condition has been addressed via the Sundy
House/Sundy Apartments site plan approval of September 21, 1991
and Sundy Parking Lot #3 site plan approval of February 19, 1992.
Sundy Parking Lot #3 will accommodate required parking for the
existing residential units on Lot 2. Lots 2 and 3 have been
unified via a Unity of Title.
Releases have been received from the City's Environmental
Services Department and all utility providers. The abandonment
is now ready to be consummated along with the Sundy Estates Plat,
which is on tonight's consent agenda for action.
City Commission Documentation
Alley Abandonment within Block 62, Town of Linton
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of July 15, 1991. The Board recommended approval of the
alley abandonment with conditions. The only outstanding
condition is that the abandonment be consummated concurrently
with the plat.
REQUIRED FINDINGS:
Pursuant to Section 2.4.6(0)(5), 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.
(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.
The site plan appovals (Sundy House/Sundy Apartments and Sundy
Parking Lot #3) and the Sundy Estates Plat address the above by
providing alternative parking and replacement easements. There
is no remaining public purpose for the alley and therefore,
positive findings with respect to the above can be made.
RECOMMENDED ACTION:
By motion, approve abandonment of the alley within Block 62, Town
of Linton based upon positive findings with respect to Section
2.4.6(0)(5) through enactment of Resolution No. /~-92.
Attachment:
* Location Map
* Resolution No. /~-92
PLANNING & ZC",ING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: ,July 15, 1991
AGENDA ITEM: II.C.
ITEM: Abandonment of Alleyway, Block 62, Town of Linton (Sundy Property).
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GENERAL DATA:
Owner ........................... City of Delray Beach, Florida
Agent ........................... Howard McCall
Location ........................ On the south side of S.W. 1st
Street, between S.W. 1st Avenue
and Swlnton Avenue.
Property Size ................... 0.0843 Acres
City Land Use Plan .............. Medium Density 5-12 du/acre
City Zoning ..................... OSSHAD (Old School Square
Historic Arts District)
Existing Land Use ............... Unimproved alley.
Development Proposal ............ Refurbishment of Sundy house.
Request ......................... Abandonment of north 229.5' of
the alley within Block 62 (Town
of Linton), in order to aggregate
development on several lots.
II.C.
ITEM BEFORE THE BOARD:
The action before the Board Is to make a recommendation ·
regarding the abandonment of the alley between Lots 1, 2, 3,
9, 10 and 11, Block 62, Town of Ltnton. The subject alley
is located between S.W. 1st Ave. and S. Swinton Ave., south
of S.W. 1st St.
BACKGROUND:
Howard McCall, agent for the owner of the Sundy house
(located at the S.W. corner of S. Swinton Ave. and S.W. 1st
St)., has petitioned the City for the abandonment of the
alley as previously described.
As a part of the site plan approval of the Sundy house, the
alley was to be improved to City standards and backout
parking provided off the alley to serve the business use
proposed. With the improvement of the alley, existing
overhead powerlines would have to be relocated. Upon
discovering the cost of relocating the poles to be
expensive, the owner (Louis Jensen) proposed to abandon the
alley and reconfigure the drive to his parking area thus
avoiding the pole relocation.
In addition, Mr. Jensen has contracted to purchase Lots 1,
2, 3, 4, 9 and 10. A sketch plan has been informally
submitted to the Planning & Zoning Dept. showing the parking
and driveway configuration for the Sundy House and Sundy
Apartments (located directly west of the Sundy House). The
property owners of the adjacent lots to the alley have
Joined Mr. Jensen in the petition of the alley abandonment.
With the review of the proposed abandonment staff has
referred to the Findings in Section 2.4.6(0)(5)~
"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"'.
The apartments along the west side of the alley proposed to
be abandoned do not have adequate or sufficient parking.
Vehicles park on the front lawns and backout onto S.W. 1st
Ave. If the alley remains a public access, the potential
for the development of parking areas constructed off the
alley will be available to the abutting properties.
Thereby, per the Finding, this petition could not be
granted.
The City Engineer has recommended for dental of this
petition based on the following:
P&Z Staff ~port
Abandonment of the 16' alley
Block 62, Town of Linton
Page 2
"The narrower easement makes repairs more difficult and
often more expensive."
"Although easements are supposed to be kept clear of
permanent structures, experience is that storage sheds,
trees, fences, hedges, etc. are routinely constructed
in these areas. Again, this makes repair/replacement
of City facilities all but impossible by all but the
most expensive methods".
The 16 foot alley is unfmproved with existing utilities
overhead and underground within it. Various structures
encroach within it such as fences, posts and a barbeque pit.
There was once a dedicated alley throughout the entire
block. The southern portion of the alley was abandoned
within the limits of the St. Paul's Church property on Aug.
28, 1967 per Resolution 21-67.
In order to accomodate the applicant's desires and to
provide a way to correct the parking situation for the
properties east of the alley, staff has directed the agent
to provide a site plan of the proposed area abutting the
alley. Upon site plan approval and specifically addressing
the findings of the alley abandonment, the petition could
proceed to the City Commission for approval.
ABANDONMENT ANALYSIS:
As stated in the background the alley is 16 feet in width.
With the abandonment of the alley, its right of way would be
incorporated as a part of a site plan for the adjoining
properties. The existing utilities would have easements
dedicated on a replat of the properties along with the
reconfigured lot lines, and access.
The most significant item associated with this abandonment
relates to the finding 2.4.6(0)(5), cited previously, not
being addressed at this time by the petitioner.
Conditions can be placed on this abandonment as follows:
1. Petitioner shall seek and obtain a site plan approval
for a parking lot/lots to accomodate the lack of adequate
parking for the properties adjacent to the alley.
2. Petitioner shall provide a replat of the properties
abutting the alley to be abandoned. Replat shall include
easements for existing or proposed utilities and access.
The submission shall also provide for the installation of
the parking lot improvements and their perpetual
maintenance. The abandonment will be approved concurrent
with the approval of the final plat by City Commission.
P&Z Staff port
Abandonment of the 16' alley
Block 62, Town of Linton
Page 3
3. Petitioner shall insure timely consummation of the above
requirements.
IMPLICATIONS OF THE ABANDONMENT:
With respect to the Sundy property, the abandonment of the
alley will allow the parking'area and access drive to be
constructed off S.W. 1st St. so that the existing poles will
not have to be relocated. The existing utilities would
remain as located, and with a replat of the adjoining
properties, easements would be provided.
REVIEW BY OTHERS:
At the meeting of June 19th, the Historic Preservation Board
reviewed this matter in a conceptual form. That Board
agrees with the context of this report, i.e.: accommodation
of parking for the properties to the east as a precondition
of approval.
ASSESSMENT:
The abandonment is complete with the exception of the
conditions as stated in the Abandonment Analysis. Upon
approval of the replat and site plan the abandonment can
proceed to City Commission concurrently with the final plat
approval.
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend approval to City Commission subject to
conditions.
STAFF RECOMMENDATIONS%
By motion, recommend approval, of abandonment of the 16 foot
alley as located between Lots 1, 2, 3, 9, 10 and 11, Block
62, Town of Linton, as recorded in Plat Book 1, Page 3 of
the public records of Palm Beach County, to City Commission
subject to compliance with the following conditions prior to
consumation of the abandonment:
1. Petitioner shall seek and obtain a site plan approval
for a parking lot/lots to accomodate the lack of adequate
parking for the properties adjacent to the alley.
2. Petitioner shall provide a replat of the properties
abutting the alley to be abandoned. Replat shall include
easements for existing or proposed utilities and access.
The submission shall also provide for the Installation of
the parking lot improvements and their perpetual
P&Z Staff Report
Abandonment of the 16' alley
Block 62, Town of Linton
Page 4
maintenance. The abandonment will be approved concurrent
with the approval of the final plat by City Commission.
3. Petitioner shall insure timely consummation of the above
requirements.
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