TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: March 5, 2024
Title
RESOLUTION NO. 69-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE VACATION OF TRACT “P” FROM THE ATLANTIC GROVE PLAT NO. 2, RECORDED IN PLAT BOOK 133, PAGES 44 THROUGH 46, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL)
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Recommended Action:
Recommendation
Review and consider Resolution No. 69-24, a privately-initiated request to vacate Tract “P” from the Atlantic Grove Plat No. 2, recorded in Plat Book 133, Pages 44 through 46 of the Public Records of Palm Beach County, Florida.
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Background:
The subject request is for the vacation of Tract “P” from the Atlantic Grove Plat No. 2. Tract “P” is an existing parcel of land located on the west side of NW 4th Avenue between West Atlantic Avenue and NW 1st Street. The parcel is currently comprised of a portion of an existing parking lot, the balance of which is owned and utilized by the Mount Olive Baptist Church, located to the north of the parcel.
Tract “P” was included with the approval of the Atlantic Grove Plat No. 2 and recorded in 2022. However, the Palm Beach County Property Appraiser’s Office indicated that Tract “P” should not have been included in the Plat as it had already been added to the Atlantic Grove Condominium by Court Order (included as an attachment). As a result, the Tract “P” portion of the Atlantic Grove Plat No. 2 must be vacated for the for the Plat to be recorded.
Per State statutes and the City’s Land Development Regulations (LDR), the vacation of Tract “P” can occur by legal instrument, in this case a Resolution to be acted on by the City Commission, and subsequently recorded by the Palm Beach County Clerk of Court. As such, a re-plat would not be necessary.
Findings
Pursuant to LDR Section 2.4.8(E)(5), Vacation of Recorded Plats: Findings, prior to approving a vacation of a recorded plat, the City Commission must find that the abandonment of any affected public interest or public improvement that was or would have been created by the plat, but which would not now be provided shall not have a significantly adverse impact upon the City's ability to obtain, retain, or maintain public facilities or tests of concurrency.
The abandonment of “Tract “P” will have no impact that affects the public interest or public improvements, as it is a private parcel of land and the action does not change or affect the property's development potential or affect public property. No adverse impact upon the “City's ability to obtain, retain, or maintain public facilities or tests of concurrency” is anticipated as the action does not change the potential development intensity, and the surrounding street right of ways do not require dedication. Further, to date, no modifications to the land contained within Tract “P” have occurred. The attached Planning and Zoning Board Staff report provides a full analysis of the request.
The Planning and Zoning Board will consider the request at the February 26, 2024 meeting. Their recommendation will be reported at the hearing.
City Attorney Review:
Resolution No. 69-24 has been approved as to legal form and sufficiency.
Funding Source/Financial Impact:
Not applicable.
Timing of Request:
Resolution No. 69-24 will allow the property owner to finalize the establishment of the remaining properties within the Atlantic Grove Plat No. 2, allowing the newly constructed townhouse units, which includes a workforce housing unit, to be sold.