Res 11-06
RESOLUTION NO. 11-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF A NORTH-SOUTH
UNIMPROVED ALLEY RIGHT-OF-WAY LYING BETWEEN
LOTS 4,5,6,7 AND 13,14,15,16, BLOCK 2, SOPHIA FREY
ADDITION TO DELRAY, LOCATED BETWEEN NORTH
FEDERAL HIGHWAY (U.S. 1) AND NE 7TH AVENUE,
APPROXIMATELY 150' NORTH OF GEORGE BUSH
BOULEVARD, BUT RESERVING AND RETAINING TO THE
CITY A GENERAL UTILITY EASEMENT OVER THE
ENTIRE ABANDONMENT AREA AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of a north-south unimproved alley right-of-way, lying within Block 2 of
Sophia Frey Addition to Delray (plat Book 4, Page 37), as more particularly described in Exhibit
"A"; and
WHEREAS, said application for abandonment of a public right-of-way was
processed pursuant to Section 2.4.6(M), "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(M)(3) (e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on October 17,
2005, and voted 7-0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(M)(S); 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 right-of-way, based upon
positive findings pursuant to LDR Section 2.4.6(M)(S), but does not abandon and retains and
reserves unto itself a general utility easement over the entire abandonment area, as more particularly
described in Exhibit "A", 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.
The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. 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 right-of-way purposes only, but does not
abandon and retains and reserves unto itself a general 1'-"'._1 easement over the entire abandonment
area, as more particularly described in Exhibit "A" 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:
See Exhibit "A"
~ PASSED
.....,.p.y 2006.
AND ADOPTED In
regular
session
~
on this the OC day of
84t/- ~
ATTEST:
~ .\~ ~. ~~~~
City Clerk
2
Resolution No. 11-06
EXHIBIT "A"
SKETCH & DESCRIPTION
16 FOOT ALLEY
SOPHIA FREY ADDITION TO DELRA Y
P.B. 4, PG 37, P.B.C.R.
LAND DESCRIPllON:
All that portion of the 16 foot olley, lying between lots 4,5.6,7 AND 13,14,15.16, Block 2, Sophia
Frey Addition to Delray as shown in Plat Book 4, Page 37. recorded in Palm Beach County.
Florida. described as follows:
East limits being the west line of lots 13,14.15 and 16; West limits being the east line of Lots 4,
5.6 and 7; North limits being easterly extention of north line of said Lot 7 to the northwest
corner of Lot 16; and south limits being easterly extention of south line of said Lot 4 to
the southwest corner of Lot 13.
Said lands situate in the City of Delray Beach, Palm Beach County, Florida.
NOlES:
1. Reproductions of this Sketch are not valid without the signature and the original raised
seal of a Florida licensed surveyor and mapper.
2. No Title Opinion or Abstract to the subject property has been provided. It is possible
that there are Deeds. easements, or other instruments (recorded or unrecorded) which may
affect the subject property. No search of the Public Records has been made by the
Surveyor.
3. The land description shown hereon was prepared by the Surveyor.
4. Data shown hereon was compiled from instrument(s) of record and does not constitute 0
boundary survey.
6. Abbreviation Legend: L.B.= Licensed Business; PG.= Page; P.L.S.= Professional Land
Surveyor; P.B.C.R.= Palm Beach County Records; P.B.= Plat Book; PG.= Page.
CERllACA llON:
I HEREBY CERTIFY that the attached Sketch and Description of the hereon described
property is true and correct to the best of my knowledge and belief os prepared under my
direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical
Standards set forth in Chapter 61G17- 6, Florida Administrative Cod!!. rursuant to Section
472.027, Florida Statutes.
Date: -1/!b
/~
NOT VALID W1lHOUT
SHEET 2
JOHN T. DOOGAN, P.l.S.
Florida Registration No. 4409
AVlROM & ASSOCIATES, INC.
l.B. No. 3300
REVISIONS
REVISE 9/6/05
AVIROM & ASSOCIATES. INC.
SURVEYING & MAPPING
150 S.W. 2ND AVENUE, SUITE 102
BOCA RATON, FLORIDA 33432
TEL. (&S1) 382-21584, FAX (15811 384-71215
@2005 A'IIROM .. ASSOCIATES, INC. ALL RlGHlS RESERVED.
JOB NO.7721-1
SCALE: 1" = 30'
DATE: 03/14 05
DRAWN BY: N. I.
SHEET: 1 OF: 2
SKETCH & DESCRIPTION
16 FOOT ALLEY
SOPHIA FREY ADDITION TO DELRA Y
P.B. 4, PG 37, P.B.C.R.
EASTERL Y
EXTENTION OF
LOT 8, BLOCK 2 NORTH LINE OF
LOT 7, BLOCK 2
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NOT VALID W1lHOUT
SHEET 1
EASTERLY
EXTENTION OF
SOUTH LINE OF
LOT 4. BLOCK 2
REVISIONS
REVISE 9/6/05
EXHIBIT "A"
NW CORNER OF
LOT 16. BLOCK 2
LOT 17. BLOCK 2
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A VIROM & ASSOCIATES. INC.
SURVEYING & MAPPING
150 s.w. 2ND ....VENUE. SUITE 102
BOC.... R.... TON, FLORID.... 33432
TEL. C158'O 382-21584. F....X CIS8'O 384-71215
@2005 A\IIRON '" ASSOClAlES, Ole. ALL R1GHlS RESERVED.
JOB NO.7721-1
SCALE: 1" = 30'
DATE: 03 14 05
DRAWN BY: N. I.
SHEET: 2 Of: 2
,
~
TO:
THRU:
FROM:
SUBJECT:
DAYW~~N' TY MANAGER
PAAJL~DCORLI~ ,DI TOR OF PLANNING AND ZONING
NG' Irr;ffIiA ,SE R PLANNER
ME TING OF FEBRUARY 21, 2006 ***CONSENT AGENDA***
ABANDONMENT OF A PORTION OF AN UNIMPROVED NORTH-SOUTH
ALLEYWAY WITHIN BLOCK 2 OF THE PLAT OF SOPHIA FREY
SUBDIVISION ADDITION TO DELRAY.
The request involves abandoning a 16' x 199.72' rectangular shaped parcel, containing 3,196 square
feet (0.073 acre). The parcel represents the northern portion of an unimproved, north-south, "dead-
end" alley right-of-way and is associated with a proposed mixed use (townhouse/office and commercial)
development named Atlantica. The subject area is located between NE 7th Avenue and Northbound
Federal Highway, approximately 150' north of George Bush Boulevard. The abandonment request was
submitted by Miller Land Planning Consultants on behalf of LMC Development Delray, LLC, the
owner/developer of the proposed project. The owner/developer intends to aggregate the northern half
of the subject area (once abandoned) with the proposed development and utilize it for parking. On
January 25, 2006, the Site Plan Review and Appearance Board granted site plan approval for the
Atlantica development. A Final Plat has not been submitted to date; however, it is expected in the near
future.
The City's Environmental Services Department (ESD) has identified an 8" sanitary sewer line located
within the subject area. ESD has no objection to the abandonment request as long as a 12' wide utility
easement is provided centered over the existing main. The City's Fire Department, Adelphia Cable,
BellSouth and Florida Public Utilities Company (gas) have reviewed the request and have no objection
to the abandonment. Florida Power and Light (FP&L) has identified overhead facilities located near the
western boundary of the proposed abandonment area, and FP&L has indicated that they do not object
to the abandonment as long as an easement is granted for these existing utilities. Since the City and
FP&L have identified utilities within the abandonment area, a general utility easement will be retained
over the entire abandonment area. Additional background and a complete analysis of the request are
found in the attached Planning and Zoning Board report.
On October 17, 2005, the item was considered by the Planning and Zoning Board. Chairman Krall
opened the public hearing and no one from the public spoke. The Board voted 7-0 to recommend
approval, subject to the condition that a General Utility Easement be retained within the abandonment
Resolution. All conditions have been satisfactorily addressed.
By motion, approve the request for the abandonment of an unimproved north-south alleyway within
Block 2 of the plat of Sophia Frey Subdivision Addition to Delray, based upon positive findings with
respect to Section 2.4.6(M)(5) of the City's Land Development Regulations.
Attachments: Location Map, Abandonment Resolution 11-06, paz Staff Report of October 17. 2005
S:IPlanning & ZoninglBOARDSICITY COMMISSIONlAlley Abandonment-Block 2. Sophia Frey.doc
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-ABANDONMENT-
PORTION OF 16' ALLEWAY. BLOCK 2 OF SOPHIA FREY ADDITION TO DELRAY
MAP REF: LU87J
RESOLUTION NO. 11-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF A NORTH-SOUTH
UNIMPROVED ALLEY RIGHT-OF-WAY LYING BETWEEN
LOTS 4,5,6,7 AND 13,14,15,16, BLOCK 2, SOPHIA FREY
ADDITION TO DELRAY, LOCATED BETWEEN NORTH
FEDERAL HIGHWAY (U.S. 1) AND NE 7TH AVENUE,
APPROXIMATELY 150' NORTH OF GEORGE BUSH
BOULEVARD, BUT RESERVING AND RETAINING TO THE
CITY A GENERAL UTILITY EASEMENT OVER THE
ENTIRE ABANDONMENT AREA AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Dekay Beach, Florida, received an application for
abandonment of a portion of a north-south unimproved alley right-of-way, lying within Block 2 of
Sophia Frey Addition to Dekay (plat Book 4, Page 37), as more particularly described in Exhibit
"A"; and
WHEREAS, said application for abandonment of a public right-of-way was
processed pursuant to Section 2.4.6(M), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Dekay Beach; and
WHEREAS, pursuant to LDR Section 2A.6(M)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on October 17,
2005, and voted 7-0 to recommend approval of the abandonment, based upon positive fmdings with
respect to LDR Section 2.4.6(M)(S); and
WHEREAS, the City Commission of the City of Dekay 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 Dekay Beach to vacate and abandon said right-of-way, based upon
positive fmdings pursuant to LDR Section 2.4.6(M)(S), but does not abandon and retains and
reserves unto itself a general utility easement over the entire abandonment area, as more particularly
described in Exhibit "A", 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 L
The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. 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 right-of-way purposes only, but does not
abandon and rerains and reserves unto itself a general utility easement over the entire abandonment
area, as more particularly described in Exhibit "A" 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:
See Exhibit "A"
PASSED AND ADOPTED m regular seSSlOn on this the _ day of
,2006.
MAYOR
ATTEST:
City Clerk
2
Resolution No. 11-06
EXHIBIT "A"
SKETCH & DESCRIPTION
16 FOOT ALLEY
SOPHIA FREY ADDITION TO DELRA Y
P.B. 4, PG 37, P.B.C.R.
LAND DESCRIPllON:
All that portion of the 16 foot alley, lying between lots 4,5,6,7 AND 13,14,15.16, Block 2, Sophia
Frey Addition to Delroy as shown in Plat Book 4, Page 37. recorded in Palm Beach County,
Florida, described as follows:
East limits being the west line of lots 13,14.15 and 16; West limits being the east line of Lots 4.
5,6 and 7; North limits being easterly extention of north line of said Lot 7 to the northwest
corner of Lot 16; and south limits being easterly extention of south line of said Lot 4 to
the southwest corner of Lot 13.
Said lands situate in the City of Delray Beach, Palm Beach County, Florida.
NOlES:
1. Reproductions of this Sketch ore not valid without the signature and the original raised
seal of a Florida licensed surveyor and mapper.
2. No Title Opinion or Abstract to the subject property has been provided. It is possible
that there are Deeds, easements, or other instruments (recorded or unrecorded) which may
affect the subject property. No search of the Public Records has been made by the
Surveyor.
3. The land description shown hereon was prepared by the Surveyor.
4. Data shown hereon was compiled from instrument(s) of record and does not constitute a
boundary survey.
6. Abbreviation Legend: L.B.= Licensed Business; PG.= Page; P.L.S.= Professional Land
Surveyor; P.B.C.R.= Palm Beach County Records; P.B.= Plat Book; PG.= Page.
CERllACA llON:
I HEREBY CERTIFY that the attached Sketch and Description of the hereon described
property is true and correct to the best of my knowledge and belief as prepared under my
direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical
Standards set forth in Chapter 61G17- 6. Florida Administrative Cod!!, rursuant to Section
472.027, Florida Statutes.
Date: 0/11 lOr;-
'/
JOHN T. DOOGAN, P.L.S.
Florida Registration No. 4409
AVlROM & ASSOCIATES, INC.
L.B. No. 3300
NOT VALID W1lHOUT
SHEET 2
REVISIONS
REVISE 9/6/05
AVIROM & ASSOCIATES. INC.
SURVEYING & MAPPING
150 S.W. 2ND AVENUE. SUITE 102
BOCA RATON. FLORIDA 33432
TEL. C5e'O 392-2594, FAX C5n 394-7125
@2OO5 A'IIROII It ASSOCIAtES. INC. AlL R1GHlS RESal'IED.
JOB NO.7721-1
SCALE: 1" = 30'
DATE: 03 14 05
DRAWN BY: N. I.
SHEET: 1 OF: 2
SKETCH & DESCRIPTION
16 FOOT ALLEY
SOPHIA FREY ADDITION TO DELRA Y
P.B. 4, PG 37, P.B.C.R.
EASTERLY
EXTENTION OF
LOT 8. BLOCK 2 NORTH LINE OF
LOT 7, BLOCK 2
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LOT 6,
BLOCK 2
LOT 5,
BLOCK 2
LOT 4,
BLOCK 2
LOT 3, BLOCK 2
NOT VALID W1lHOUT
SHEET 1
EASTERLY
EXTENTION OF
SOUTH LINE OF
LOT 4, BLOCK 2
REVISIONS
REVISE 9/6/05
EXHIBIT "A"
NW CORNER OF
LOT 16, BLOCK 2
LOT 17. BLOCK 2
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LOT 13,
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SW CORNER OF
LOT 13, BLOCK 2
LOT 12. BLOCK 2
i!:
~
A VIROM & ASSOCIATES. INC.
SURVEYING & MAPPING
ISO S.W. 2ND AVENUE. SUITE 102
BOCA RATON. FLORIDA 83432
TEL. (681) 382-2684, FAX use1) 384-7126
@2005 A..,ROM" ASSOCIAtES, INC. AU. RIGHts RESER\om.
JOB NO.7721-1
SCALE: 1" = 30'
DATE: 03 14 05
DRAWN BY: N. I.
SHEET: 2 OF: 2
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
October 17, 2005
IV.H.
Abandonment of a 16' Wide by 199' Long Portion of a North-South
Alleyway Lying Within Block 2, Sophia Frey Subdivision Addition to
Delray, Located 150' North of George Bush Boulevard, Between NE
ih Avenue and Northbound Federal Highway (US 1).
-
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( TI I I I I I II I I I II I MARINA
---.-
GENERAL DATA:
Owner.................................. General Public
Agent.............................. Miller Land Planning Consultants
c/o Bradley Miller
Applicant.............................. LMC Development Delray, LLC
Location............................... 16' Alley adjacent to Lots 13-16 And Lots 4-7, Block 2 of Sophia
Frey Subdivision Addition to Delray, Plat Book 4, Page 37.
Property Size........................ 0.073 Acre
Existing FLUM Designation.. GC (General Commercial) & MD (Medium Density, 5-12 du/ac)
Current Zoning..................... GC (General Commercial) & RM (Medium Density Residential)
Adjacent Zonings........North: GC (General Commercial)
East: RM
South: GC
West: GC
Existing Land Use................ Unimproved right-of-way.
Proposed Land Use............. Aggregation into adjacent lots to be used for parking for a
proposed mixed-use development named Atlantica.
Water Service...................... n/a with this request.
Sewer Service...................... n/a with this request.
IV.H.
The item before the Board is that of making a recommendation to the City Commission on the
proposed abandonment of a 16' x 199.72' portion of an unimproved north-south alley right-of-
way within Block 2 of the plat of Sophia Frey Subdivision Addition to Delray (Plat Book 4, Page
37). The abandonment is associated with a proposed mixed use (townhouse/office and
commercial) development to be named Atlantica. The alleyway is located approximately 150'
north of George Bush Boulevard, between NE 7'h Avenue and Northbound Federal Highway
(US 1).
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(M),
Abandonment of Rights-of-Way.
The entire 16' north-south alleyway was dedicated with the recordation of the plat of Sophia
Frey Subdivision Addition to Delray in March of 1926. This "dead-end" alleyway was originally
platted to be 474.21 feet long by 16' wide. On July 13, 1982, the northern portion (99.84') of
this alleyway, adjacent to Lots 8, 9, 17 and 18, was abandoned by City Resolution 59-82.
The proposed mixed used development, Atlantica, consists of Lots 6, 7, 13-16 and the north
half of Lot 12, Block 2 of Sophia Frey and is divided by a portion of this 16' north-south
alleyway. The portion of the property, west of the alley (lots 6 and 7), contains a one-story,
C.B.S. residence. The property, east of the alley (Lots 13-16 & the north half of Lot 12),
contains vacant land and another one-story C.B.S. residence with pool.
An application was submitted for a Class V Site Plan, Landscape Plan and Architectural
Elevations for the proposed development. Due to the nature of the technical comments
generated through the review process and several application deficiencies, the project has not
yet been scheduled to be considered by the Site Plan Review and Appearance Board (SPRAB).
The portion of alleyway proposed for abandonment is a 16' x 199.72' rectangular shaped parcel
containing approximately 3,196 square feet (0.073 acre). The abandonment area represents a
portion of an unimproved north-south alleyway within Block 2 of the Sophia Frey Subdivision.
The abandonment request was submitted by Miller Land Planning Consultants on behalf of
LMC Development Delray, LLC, the owner/developer of the proposed project. The
owner/developer intends to aggregate the northern half of the subject area (once abandoned)
with the proposed development and utilize it for parking. The southern half will be divided
evenly and retumed to adjacent property owners.
Pursuant to LOR Section 2.4.6(M)(1), public right-of-way may be abandoned (returned) to
the adjacent property to the same degree in which it was originally obtained, i.e.
property dedicated exclusively from a single parcel shall be returned to that parcel;
Planning and Zoning Board Staff Report
Atiantica Alley Abandonment
Page 2
property dedicated through subdivision shall be divided at the center line and returned
equally to abutting parcels.
The entire north-south alley right-of-way was dedicated from the plat of Sophia Frey
Subdivision. The proposed abandonment area represents the northern 199.72' portion of the
remaining 374.37' long alleyway. By abandoning this area, the alleyway will be divided at the
center line and the property will be returned equally to all abutting lots (Lots 13-16 and Lots 4-7,
Block 2). The southern 149.73" portion of the alleyway is currently being utilized for secondary
access by two lot owners south of the proposed abandonment area (Grzybowski Pools and
Beachway Motel); therefore, it is not included as part of the abandonment request
Utilitv Services
The City's Fire Department reviewed the request and has no objection to the abandonment
The City's Environmental Services Department (ESD) located an 8" sanitary sewer main within
the abandonment area. ESD stated that a sewer easement must be retained.
Florida Power and Light (FP&L) has identified overhead facilities located near the westem
boundary of the proposed abandonment area, and FP&L has indicated that they do not object
to the abandonment as long as an easement is granted for these existing utilities. Florida
Public Utilities Company (gas) does not have any underground facilities within the
abandonment area at this time, and therefore, does not object to the abandonment request
BellSouth and Adelphia Cable have not responded to this request at the time this report was
written. Since the City and FP&L have identified utilities within the abandonment area, a
general utility easement will be retained over the entire abandonment area; therefore, if
BellSouth and Adelphia Cable do have facilities within the alleyway, they will be covered by this
general utility easement This will be a condition of approval.
Pursuant to LDR Section 2.4.6(M)(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 16' x 199.72' portion of alleyway proposed for abandonment is currently unimproved
and is not being utilized for any means of access. The alleyway has been a "dead-end"
alleyway since its dedication, and as previously mentioned, the northern portion of this
alleyway has already been abandoned. The City has no plans to utilize this portion of
alleyway for any other public purpose.
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 have
primary access from NE 7th Avenue or Northbound Federal Highway. As mentioned earlier
in this report, the southern 149.73' of the alley right-of-way will remain due to its utilization
by Grzybowski Pools and Beachway Motel for secondary access.
Planning and Zoning Board Staff Report
Atlantica Alley Abandonment
Page 3
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.
An 8" Sanitary Sewer main is located within the abandonment area as well as overhead
electric identified by Florida Power & Light. The existing utilities will be accommodated
through the reservation of a general utility easement so that the provision of utility services
to adjacent properties or the general area will not be affected.
.. ," . fL. X..' . ... . . . .
The development proposal is within the geographical area requiring review by the CRA
(Community Redevelopment Agency. The proposed abandonment is not within the
geographical area requiring review by the DDA (Downtown Development Authority) or HPB
(Historic Preservation Board).
Community Redevelopment Aaency
The CRA reviewed this abandonment request at its meeting of October 5, 2005 and
recommended "Approval" (7-0).
Courtesv Notices:
Courtesy notices have been provided to the following groups:
~ PROD - Progressive Residents of Delray
~ Presidents Council
~ La Hacienda Homeowners Association
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.
As previously mentioned, the abandonment area is unimproved and is not being utilized for any
means of access and is a "dead-end" alleyway. In addition, the northern portion of this alleyway
was abandoned previously in 1982. The subject area is not needed, nor will it be needed, for
any public purpose and the City has no immediate future plans to improve this alleyway.
Access will not be prevented to any lot of record and all current utilities and future needs will be
accommodated with the reservation of a general utility easement.
1. Continue with direction.
2. Move approval of the request for the abandonment of a 16' unimproved north-south alley
right-of-way, lying between lots 4, 5. 6, 7 AND 13, 14, 15, 16, Block 2, Sophia Frey
Subdivision Addition to Delray (Plat Book 4, Page 37), by adopting the findings of fact and
Planning and Zoning Board Staff Report
Atlantica Alley Abandonment
Page 4
law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2A.6(M)(5),
Abandonment of Rights-of-Way, of the Land Development Regulations, subject to
conditions.
3. Move denial of the request for abandonment by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is not
consistent with the Comprehensive Plan and does not meet criteria set forth in Section
2A.6(M)(5) of the Land Development Regulations.
By motion, recommend to the City Commission approval of the abandonment of a 16'
unimproved north-south alley right-of-way, lying between lots 4, 5, 6, 7 AND 13, 14, 15, 16,
Block 2, Sophia Frey Subdivision Addition to Delray (Plat Book 4, Page 37), by adopting the
findings of fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section
2A.6(M)(5), Abandonment of Rights-of-Way, of the Land Development Regulations, subject to
the following conditions:
1. That the Resolution abandoning the subject area includes language which establishes a
general utility easement over the entire abandonment area; and
2. That the Abandonment will not be forwarded to City Commission for final action until the
proposed development receives site plan approval from the Site Plan Review and
Appearance Board.
Attachments:
Location Map
Survey of Abandonment Area
Reduced Site Survey
S:IPlanning & ZoningIBOARDS\P&Z BOARD\A~antica Alley Abandonmentdoc