Res 50-03RESOLUTION NO. 50-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DRLRAY BEACH,
FLORIDA VACATING AND ABANDONING A PORTION OF THE EAST/WEST
AI.T.RYWAY LYING NORTH OF AND ADJACENT TO LOT 1, BLOCK 6,
WHIDDEN'S SUBDIVISION, AS MORE PARTICULARLY DESCRIBED BY EXHIBIT
IIAII'
WHEREAS, the City of Delray Beach, Florida received an application for abandonment of a portion
of the east/west, fifteen (15) foot alley right-of-way lying north of and adjacent to Lot 1, Block 6, Whidden's
Subdivision, as more partioflarly described in Exhibit "A", attached hereto; said Lot 1 being located on the
west side of N.W. 10* Avenue, approximately 100 feet north of West Atlantic Avenue; and
WHEREAS, the application for abandonment of said alley right-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 Ixz:al
Planning Agency, formally reviewed the matter at a public hearing on July 21, 2003 and voted 5 to 0 to
recommend approval of the abandonment, based upon positive findings with respect to LDR Section
2.4.6(05); 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 Dekay Beach to vacate and abandon said alley right-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
DRI.RAY BEACH, FLORIDA, AS FOIJ.OWS:
Section 1. The foregoing recitals are hereby incorporated herein by thi.q reference.
Section 2. That pursuant to Section 177.101(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,
described in Exhibit "A".
PASSED AND ADOPTED in regular session on this the /~ ~ day of August, 2003.
City Clerk
Exhibit "An
THE SOUTH 9.0 FEET OF THAT PORTION OF THE 15 FOOT AIJI.EY RIGHT-OF-WAY LYING
NORTH OF AND ADJACENT TO LOT 1, BLOCK 6, WHIDDEN'S SUBDIVISION, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 58, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, LESS THE EAST 10.0 FEET THEREOF.
CONTAINING 810 SQUARE FEET MORE OR LESS.
2 RES. NO. 50-03
LOT 2, BLOCK 2
(PLA T BOOK 1..~, PACE 77,)
99. 00'
gg. 00'
N. W. 10TH AVENUE
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HA~,~.~ ~~
PAUL DORLING, DIREC=rOR OF ~I.~NNING AND ZONING
ABANDONMENT OF A 9' x 90' PORTION OF THE EAST-WEST ALLEY RIGHT-OF-WAY,
LOCATED ON THE WEST SIDE OF N.W. 10TM AVENUE, APPROXIMATELY 100' NORTH
OF WEST ATLANTIC AVENUE.
The request involves abandoning an 9' x 90' portion of alley right-of-way, adjacent to Lot 1, Block 6 of
Whidden's Subdivision (Plat Book 2, Page 58), located on the west side of N.W. 10th Avenue,
approximately 100' north of West Atlantic Avenue. The subject alleyway consists of 810 total square feet
(0.019 acre) and represents the south 9-feet of a 27-foot alleyway, adjacent to Lot 1.
In December of 1925, Whidden's Subdivision (excluding Lots I & 6, Block 6) was replatted with the
recordation of the plat of Atlantic Pines. The plat of Atlantic Pines shifted the entire block to the north
approximately eleven (11) feet with the exception of Lots 1 & 6, Block 6 of Whidden's Subdivision. A new
16' east/west alleyway was dedicated through the plat of Atlantic Pines leaving 27-feet of alley right-of-way
(11' existing + 16' New) on the north side of Lots I & 6, Block 6 of Whidden's Subdivision. On June 17,
2003, the Planning and Zoning Board approved a similar abandonment request located on the west end of
the block, adjacent to Lot 6, Block 6 of Whidden's Subdivision and was subsequently approved by the City
Commission at their July 2, 2003 meeting.
The abandonment request was submitted by the owner of Lot 1, Block 6 of Whidden's Subdivision. By
abandoning this area, the applicant will receive the entire abandonment area since Lot 1, Block 6 is the
only abutting lot remaining from the plat which dedicated this portion of alley right-of-way.
Presently, the abandonment area is unimproved and the entire east/west alleyway is mulched. The
applicant intends to aggregate the abandonment area to be used as additional land for a future
development.
The City's Environmental Services Department (water & sewer service), Flodda Public Utilities Company
(gas service), Florida Power & Light, BellSouth, and Adelphia Cable have reviewed the request, and have
no objection to the abandonment.
At its meeting of July 21, 2003, the Planning and Zoning Board considered the request at a public hearing.
There was no public comment concerning the proposed abandonment. After reviewing the staff report and
discussion, the Board voted 5-0 to recommend approval 0Noelkens & Morris absent).
By motion, approve the abandonment of the south 9' x 90' portion of the alleyway, lying adjacent to Lot 1,
Block 6 of Whidden's Subdivision, based upon positive findings with respect to LDR Section 2.4.6(0)(5).
Attachment:
· Abandonment Resolution
· P & Z Staff Report of July 21, 2003
S:V=lanning & Zoning~BOARDSIGITY COMMISSIONV_ot 1, Block 6 Whidden's Alley Abandonment-CCDoc. doc
RESOLUTION NO. 50-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA VACATING AND ABANDONING A
PORTION OF THE EAST/WEST ALLEYWAY LYING NORTH OF
AND ADJACENT TO LOT 1, BLOCK 6, WHIDDEN'S SUBDIVISION,
AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida received an application for
abandonment of a portion of the east/west, fifteen (15) foot alley right-of-way lying north
of and adjacent to Lot 1, Block 6, Whidden's Subdivision, as more particularly described
in Exhibit "A", attached hereto; said Lot 1 being located on the west side of N.W. l0th
Avenue, approximately 100 feet north of West Atlantic Avenue; and
WHEREAS, the application for abandonment of said alley right-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 July 21, 2003 and voted 5 to 0 to recommend approval of the
abandonment, based upon positive findings with respect to LDR Section
2.4.6(05); 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 alley
right-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 FOLLOWS:
Section 1.
reference.
The foregoing recitals are hereby incorporated herein by this
Section 2. That pursuant to Section 177.101(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, described in Exhibit "A".
PASSED AND ADOPTED in regular session on this the __ day of August, 2003.
ATTEST:
MAYOR
City Clerk
Exhibit "A'
THE SOUTH 9.0 FEET OF THAT PORTION OF THE 15 FOOT ALLEY RIGHT-OF-
WAY LYING NORTH OF AND ADJACENT TO LOT 1, BLOCK 6, WHIDDEN'S
SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 2, PAGE 58, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
LESS THE EAST 10.0 FEET THEREOF.
CONTAINING 810 SQUARE FEET MORE OR LESS.
LOT 2, BLOCK 2
(PLATBOOKI3, PAGE77).~.
99.00'
t __, N. IV. lOTH A VENUE
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
July 21, 2003
IV.E.
Abandonment of a Portion of an 11' X 90' Alleyway, Located on the
West Side of NW 10th Avenue, Approximately 100 Feet North of
West Atlantic Avenue
GENERAL DATA:
Owner .............................
Agent/Applicant ..............
Location ..........................
Property Size ..................
Future Land Use Map .....
Current Zoning ...............
Adjacent Zoning .... North:
East:
South:
West:
Existing Land Use ..........
Proposed Land Use ........
Water Service .................
General Public
Harry Hagwood
West side of NW 10th Avenue, approximately 100 feet north of
West Atlantic Avenue
990 sq. f. (0.023 Acre)
General Commercial
GC (General Commercial)
GC
GC
GC
GC
Unimproved right-of-way
Abandonment of an excess 11' x 90' portion of alleyway to be
incorporated into a future development.
N/A
Sewer Service ................ N/A
IV.E.
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of an 11' x 90' portion of alley right-
of-way, located on the west side of N.W. 10th Avenue, approximately 100' north
of West Atlantic Avenue.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(O), Abandonment of Rights-of-Way.
The 15' east/west alleyway was originally dedicated with the recordation of the
plat of Whidden's Subdivision (Plat Book 2, Page 58) in October of 1912.
In December of 1925, Whidden's Subdivision (excluding Lots 1 & 6, Block 6) was
replatted with the recordation of the plat of Atlantic Pines (Plat Book 13, Page
77). The plat of Atlantic Pines shifted the entire block to the north approximately
eleven (11) feet with the exception of Lots 1 & 6, Block 6 of Whidden's
Subdivision. ^ new 16' east/west alleyway was dedicated through the plat of
Atlantic Pines leaving an additional 11' of alley right-of-way on the north side of
Lots 1 & 6, Block 6 of Whidden's Subdivision.
At its meeting of June 17, 2002, the Planning and Zoning Board recommended
approval of a similar request for the abandonment of an 11' x 50' portion of alley
right-of-way at the west end of the subject block adjacent to the north side of Lot
6, Block 6 of VVhidden's Subdivision (Northeast comer of West Atlantic Avenue
and N.VV. 11th Avenue). The abandonment was subsequently approved by the
City Commission at their July 2, 2002 meeting.
The abandonment currently before the Board is for the abandonment of an 11' x
90' portion of alley right-of-way adjacent to the north side of Lot 1, Block 6 of
Whidden's Subdivision. Presently, the subject property is vacant and the entire
east/west alleyway is mulched/unimproved.
The portion of alleyway proposed for abandonment is an 11' x 90' rectangular
shaped parcel containing approximately 990 square feet (0.023 acre). The
abandonment area represents one leftover portion of alley right-of-way that has
been excluded from the replat of the entire block.
The abandonment request was submitted by Mr. Harry Hagwood, the owner of
Lot 1, Block 6 of VVhidden's Subdivision. Lots I & 6, Block 6 of Whidden's
Subdivision and Lots 2 through 5 of Atlantic Pines Subdivision are currently
vacant. The applicant intends to aggregate the subject area for additional land
Planning and Zoning Board Staff Report
Lot 1, Block 6 Whidden's Alley Abandonment
Page 2
area to be used for future development.
been submitted.
Currently, no development plans have
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, i.e. 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.
The proposed abandonment area was originally dedicated from Whidden's
Subdivision. The abutting properties were Lot i, Block 6 and Lot 12, Block 1 of
Whidden's Subdivision. With the replat of Whidden's Subdivision by the plat of
Atlantic Pines, Lot 1, Block 6 is the only abutting lot remaining from the original
plat which dedicated this portion of alley right-of-way. By abandoning this area,
the property is returned to the owner of Lot 1, Block 6.
Utility Services
The City's Environmental Services Department (ESD) and Fire Department and
the have also reviewed the request and have no objection to the abandonment.
Flodda Power & Light, Adelphia Cable, BellSouth, and the Florida Public Utilities
Company have also reviewed the request and have no objection.
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 adjacent 16' east/west alleyway and a portion of the north/south alleyway
(dedicated by the Atlantic Pines Plat) are being utilized for access and are not
being considered for abandonment. As previously mentioned, the subject
area is in addition to the existing dedicated 16' east/west alleyway. Per LDR
(Land Development Regulations) Section 5.3.1(D), Right-of-Way Dimensions,
the right-of-way width for alleys with two-way traffic is 20' or the existing
dominant width, Based upon the development potential adjacent to the
abutting 16' east/west alleyway, there is a need to dedicate 2' of additional
right-of-way from all abutting property owners on both sides of the existing 16'
east/west alley. Since the alley right-of-way adjacent to this parcel measures
a total of 27' in width (16' existing + 11' additional), staff recommends
Planning and Zoning Board Staff Report
Lot 1, Block 6 Whidden's Alley Abandonment
Page 3
abandoning 9' of the requested 11' so that 2' of additional right-of-way will not
be needed from this property owner at a later time.
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 will still have secondary access from an existing 16'
east/west alleyway.
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.
Based upon responses from th'e applicable utility providers, no utilities are
located within the abandonment area.
The development proposal is within the geographical area requiring review by
the DDA (Downtown Development Authority), the CRA (Community
Redevelopment Agency and WARC (West Atlantic Redevelopment Coalition)
Board. The proposed abandonment is not within the geographical area requiring
review by the HPB (Historic Preservation Board).
Downtown Development Authority:
The DDA reviewed this abandonment request at its meeting of May 21, 2003 and
recommended "Approval" to abandon 9' x 90' instead of 11' x 90' as
recommended by staff.
Community Redevelopment Agency:
The CRA reviewed this abandonment request at its meeting of May 22, 2003 and
recommended "Approval".
West Atlantic Redevelopment Coalition:
The WARC reviewed this abandonment request at its meeting of June 11, 2003
and recommended "Approval" to abandon 9' x 90' instead of 11' x 90' as
recommended by staff.
Courtesy Notices:
Courtesy notices have been provided to the following groups:
PROD - Progressive Residents of Delray
Presidents Council
West Side Heights Homeowners Association
Gateway Homeowners Association
Planning and Zoning Board Staff Report
Lot 1, Block 6 Whidden's Alley Abandonment
Page 4
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.
The abandonment area is in addition to an existing 16' east/west, alley right-of-
way. As previously mentioned, since a 2' right-of-way dedication will be needed
with future development from abutting property owners on either side of the east-
west alleyway to establish a 20' wide alley right-of-way, staff recommends
abandoning only 9' of the requested 11' alley width so that right-of-way
dedication will not be needed from this property at a later time. Access will not
be prevented to any lot of record and no utilities currently exist. By vacating this
area and aggregating it with the abutting property (Lot 1, Block 6 of Whidden's
Subdivision), the potential for a better development is created.
1. Continue with direction.
Recommend to the City Commission approval of the abandonment of the 9' x
90' portion of alleyway, lying adjacent to Lot 1, Block 6 of Whidden's
Subdivision, based upon positive findings with respect to LDR Section
2.4.6(O)(5).
Recommend to the City Commission approval of the abandonment of the 11'
x 90' portion of alleyway, lying adjacent to Lot 1, Block 6 of Whidden's
Subdivision, based upon positive findings with respect to LDR Section
2.4.6(0)(5).
4. 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).
By motion, recommend to the City Commission approval of the abandonment of
the south 9' x 90' portion of the alleyway, lying adjacent to Lot 1, Block 6 of
Whidden's Subdivision, based upon positive findings with respect to LDR
Section 2.4.6(0)(5).
Attachments:
· Location Map
· Reduced Survey
S:~.°lanning & Zoning\BOARDS\P&Z BOARD~ot 1, Block 6 Whidden'ss Alley Abandonment.doc