Y m t. Action Request for City commis orad en a. Agenda Date Requested Date mltted 1 1 0

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1 i l D i E i L D O OEERFJ B A C H City of Deerfield Beac RECEVE tem q Action Request for City commis orad en a face sheet a 0 lora Agenda Date Requested Date mltted Contact Person Gerald R Ferguson ACP Director of Pla frf1ng rowth Management Description APPLCAliON 10 A 177 CTY OF DEERFELD BEACH To vacate and abandon a 3 72 square foot portion of N E 21st Avenue Ocean Way right of way The property is described as a portion of Atlantic Boulevard also known as N E 21st Avenue and Ocean Way lying west of and contiguous to the west line of Block 4 DEERFELD BEACH SUBDVSON PLAT more particularly described in the file Fiscal mpact Not applicable FY Budget Line tem Number and Title Not applicable Supporting Documents Attached rt Cover Memo to City Manager signed by Department Head required o Budget Justification if applicable rt Minutes of the December Planning Zoning Board Meeting tj Development Review Committee ORe Report r i U i SimrmSSlon Request c i Sta c e w t POdbHo R qb t b ili lihjnform ti M J C6 ttn 1 n T M ARPR Vg Jrq8 tffl Aq N6 0 t 1 h Hr Y m t

2 r Planning Citv ofdeertield Beach Growth Management Department MEMORANDUM TO Burgess Hanson CityManager FROM Gerald R Ferguson Director ofplanning Growth Management DATE December SUBJECT APPLCATON O A 77 CTY OF DEERFELD BEACH To vacate and abandon a square foot portion of N E 2181 Avenue Ocean Way right of way A portion of Atlantic Boulevard also known as N E 21st Avenue and Ocean Way lying west of and contiguous to the west line of Block 4 DEERFELD BEACH SUBDNSON PLAT more particularly described in the file Portions of the City s pier parkinf lot restaurant and restrooms and the pier itself lie within the rights of way ofne 2R Street and NE Avenue This situation does not affect the road pavement or interfere with the flow of traffic and has existed since the pier was built without presenting any particular problems For various technical and legal reasons however it is not desirable that these improvements be on land that is designated right of way nsofar as the subject land area is not needed or necessary for roadway improvements the City wishes to vacate and abandon those portions ofthe rights of way At its December meeting the Planning and Zoning Board unanimously recommended approval t GRF dm Attachments

3 N W E o Feet S R Q W Vacation Abandonment Application lo A 177 City of DEERFELD 8EACH For additional information Call the Planning Department at

4 i ORDNANCE NO 2010 AN ORDNANCE OF THE CTY COMMSSON OF THE CTY OF DEERFELD BEACH FLORDA VACATNG AND ABANDONNG A PORTON OF NORTHEAST 21 ST AVENUE OCEAN WAY CONTANNG SQUARE FEET PROVDNG FOR MPLEMENTATON CONTANNG A PROVSON FOR NCLUSON N THE CTY CODE CONTANNG A SEVERABLTY CLAUSE EFFECTVE DATE CONTANNG AN WlEREAS the City ofdeerfield Beach has applied for the vacation and abandonment of a portion of Northeast 21 sl Avenue Ocean Way containing square particularly described on Exhibit A and hereinafter referred to as the Subject Property and WHEREAS the Subject Property has not been used for right of way for decades and feet and more WHEREAS the Subject Property is not being used as right of way presently and there is no foreseeable likelihood of any kind that the Subject Property will ever be used for right of way and WHEREAS the City Commission of the City of Deerfield Beach finds that there is no need for the Subject Property to be reserved as right of way and in fact it should no longer be reserved as right of way NOW THEREFORE BE T ORDANED BY THE CTY COMMSSON OF THE CTY OF DEERFELD BEACH FLORDA THAT SECTON 1 The above referenced Whereas clauses are true and correct and constitute the legislative findings of the City Commission in support of the action being taken pursuant to this Ordinance SECTON 2 The Subject Property is hereby vacated and abandoned and shall no longer constitute public right of way The City Manager or his designee is authorized to undertake such necessary actions to implement this vacation and abandonment as is deemed just and appropriate and in furtherance ofthe purposes and intent ofthis Ordinance SECTON 3 t is the intention ofthe City Commission and it is hereby ordained that the provisions ofthis ordinance shall become and be made a part ofthe Code ofthe City ofdeerfield Beach and that the sections ofthis ordinance may be renumbered to accomplish such intent Deleted portions slroek through added portions underlined

5 i J r SECTON 4 Should any section or provision of this ordinance or any portion thereof any paragraph sentence or word be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity ofthe remainder hereof as a whole or part thereofother than the part declared to be invalid SECTON 5 its passage and adoption This ordinance shall be in full force and effect immediately upon PASSED 1 ST READlNG ON THS DAY OF 2010 PASSED 2ND READlNG ON THS DAY OF 2010 PEGGY NOLAND MAYOR ATTEST ADA GRAHAM JOHNSON MMC CTY CLERK DecrlieldlOrdinancesl Right of way NE 21st AveX ean Way Deleted portions smek trr96gh added portions underlined e

6 PLANNNG AND ZONNG BOARD CTY OF DEERFELD BEACH FLORDA December MNUTES OF A MEETNG CALL TO ORDER AND ROLL CALL A regular meeting ofthe Planning and Zoning Board ofthe City ofdeerfield Beach a municipal corporation of Florida was called to order on the above date at 7 00 p m in the City Commission Chambers by Chairman Allen Davis Roll Call showed Present Allen Davis Chairman Linda Mooney Vice Chairwoman Gerald Alter Robert Brown Todd Drosky Alphonso Nero Also Present Jerry Ferguson Director of Planning and Growth Management Marcia Stevens Senior Planner Vernadette Fuller Minutes Secretary Absent Ray Lavoie Alternate Sharon Cruz Assistant City Attorney School Board Representative SEATNG OF ALTERNATES NONE NEW BUSNESS PUBLC HEARNG APPLCATON lo A 176 Applicant Proposal CTY OF DEERFELD BEACH To vacate and abandon a square foot portion of N E 2nd Street right of way Location A portion ofn E 2nd Street lying south of and contiguous to Lots 38 and 76 Block 1 LONG S PLEASANT BEACH more particularly described in the file Jerry Ferguson Director of Planning and Growth Management summarized the application and advised that 131 property owners were notified and 0 letters were returned undeliverable No letters of objection or approval were received Portions ofthe City s pier parking lot restaurant and restrooms and the pier itself lie within the rights of way of NE 2nd Street and NE 21st Avenue This situation does not affect the road pavement or interfere with the flow of traffic and has existed since the pier was built without presenting anyparticular problems technical and legal reasons however it is not desirable thatthese improvements be on land that For various is designated right of way nsofar as the subject land area is not needed or necessary for roadway improvements the City wishes to vacate and abandon those portions of the rights of

7 way CTY LANDSCAPE ARCHTECT Approved as submitted ENGNEERNG DVSON PUBLC WORKS ENVlRONMENTAL SERVCES The above referenced application is approved by the Engineering Department with the following condition There are various utility service lines located in the area proposed to be vacated and abandoned Where such utility service lines exist utility easements must be dedicated to the City of Deerfield Beach SANTATON DVSON PUBLC WORKS ENVlRONMENTAL SERVCES Approved as submitted FRE RESCUE Approved as submitted PUBLC HEARNG PLCATON lo A 177 Applicant CTY OF DEERFELD BEACH Proposal To vacate and abandon a square foot p rtion ofn E 21st Avenue Ocean Way right of way Location A portion of Atlantic Boulevard also known as N E 21st Avenue and Ocean Way lying west of and contiguous t the west line of Block 4 DEERFELD BEACH SUBDVSON PLAT more particularly described in the file Jerry Ferguson Director of Planning and Growth Management summarized the application and advised that 91 property owners were notified and 0 letters were returned undeliverable No letters of objection or approval were received Portions ofthe City s pier parking lot restaurant and restrooms and the pier itself lie within the rights of way of NE 2nd Street and NE 21st Avenue He said that there will be sufficient room left for the travel way and there is not plans now or in the future to widen this section Continuing he said that there are some utilities in the area but the property is owned by the City and will not affect any private owners This situation does not affect the road pavement or interfere with the flow of traffic and has existed since the pier was built without presenting any particular problems For various technical and legal reasons however it is not desirable that these improvements be on land that is designated right of way nsofar as the subject land area is not needed or necessary for roadway improvements the City wishes to vacate and abandon those portions ofthe rights of way CTY LANDSCAPE ARCHTECT Approved as submitted ENGNEERNG DVSON PUBLC WORKS ENVRONMENTAL SERVCES The above referenced application is approved by the Engineering Department with the following condition There are various utility service lines located in the area proposed to be vacated and abandoned Where such utility service lines exist utility easements riust be dedicated to the City ofdeerfield Beach SANTATON DVSON PUBLC WORKS ENVRONMENTAL SERVCES Approved as submitted FRE RESCUE Approved as submitted Chairman Davis advised that the items would be discussed concurrently but voted on separately Mr Drosky asked if the utility easements have been granted Mr Ferguson replied not yet because the abandonment has not taken place easement will take effect simultaneously with the vacation and the abandonment He noted that the Mr Ferguson said that the applications will have two readings before the City Commission and this is plenty oftime to get the easement Chairman Davis invited the public to speak for or against the application No one came forward

8 Motion was made by Mr Alter and second by Mr Drosky to close the public hearing The motion CARRED unanimously Motion was made by Mr Alter and second by Vice Chairwoman Mooney to approve Application 10 A 176 as submitted The motion CARREr unanimously Motion was made by Mr Alter and second by Vice Chairwoman Mooney to approve Application O A 177 as submitted The motion CARRED unanim usly

9 City of Deerfield Beach DEVELOPMENlR VEW COMMTTEE SUMMARY REPORT DEVELOPMENT PLAN APPLCATON REVEW Application No 10 A 177 Date December GENERAL NFORMATON Applicant City of Deerfield Beach Agent Gerald R Ferguson Requested Action Description To vacate and abandon a portion of Ocean Way N E 218 Street containing square feet Location Legal Description A portion of Atlantic Boulevard also known as N E 218 Avenue and Ocean Way lying west of and contiguous to the west line of Block 4 DEERFELD BEACH SUBDVSON PLAT more particularly described n the file Size square feet Existing Zoning S

10 t Oeerfield Beach ORe Report Application O A l77 December Page 2 Existing Land Use Right of Way Future Land Use Plan Designation Utility Surrounding Land Use and Zoning North East South West Exlstina Land Use Pier Beach Right of Way CommercialHotel Zonlna S S N A RM 25 Applicable Regulations Deerfield Beach Land Development Code Plat Restrictions None DEPARTMENTAL COMMENTS AND REQUREMENTS PLANNNG GROWTH MANAGEMENT Portions of the City s pier parking lot restaurant and restrooms and the pier tself lie within the rights of way of NE 200 Street and NE 2181 Avenue This situation does not affect the road pavement or interfere with the flow of traffic and has existed since the pier was built without presenting any particular problems For various technical and legal reasons however t s not desirable that these improvements be on land that s designated right of way nsofar as the subject land area s not needed or necessary for roadway mprov ments the City wishes to vacate and abandon those portions of the rights of way CTY LANDSCAPE ARCHTECT Approved as submitted ENGNEERNG DVSON PUBLC WORKS ENVRONMENTAL SERVCES The above referenced application s approved by the Engineering Department with the following condition There are various utility service lines located n the area proposed to be vacated and abandoned Where such utility service lines exist utility easements must be dedicated to the City of Deerfleld Beach

11 Deelfield Beach DRe Report Application 1O A l77 December Page 3 SANTATON DVSON PUBLC WORKS ENVRONMENTAL SERVCES Approved as submitted FRE RESCUE Approved as submitted This report contains the r qulrements of the Deerfield Beach Development Revew Committee members relative to this site development plan application f there are any questions or issues regarding compliance with any of the requirements in this report the respective department should be contacted directly