Res 57-02RESOLUTION NO. 57-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA VACATING AND ABANDONING THE EAST/WEST
ALLEY LYING NORTH OF AND ADJACENT TO LOT 6, 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
the eleven foot (11) alley right-of-way lying north of and adjacent to Lot 6, Block 6, Whidden's
Subdivision, as more particularly described in Exhibit "A", attached hereto; said Lot 6 being located
at the Northeast comer of West Atlantic Avenue and N.W. 11th Avenue; and
WHERF. AS, 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(0)(3)(d), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on June
17, 2002 and voted 5 to 0 to recommend approval of the abandonment, based upon
positive findings with respect to LDR Section 2.4.6(0)(5), and subject to conditions; 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. The foregoing recitals are hereby incorporated herein by this 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,a~_~c~ay of July, 2002.
MAYOR
City Clerk
2 RES. NO. 57-02
Exhibit "A"
That portion of the 15 foot alley right of way lying north of and adjacent to Lot 6, Block 6,
Whidden's Subdivision, according to the plat thereof as recorded in Plat Book 2, Page 58 of the
Public Records of Palm Beach County, Florida, lying south of the westward extension of the north
line of Lot 7, Block 2, Atlantic Pines, according to the plat thereof as recorded in Plat Book 13, Page
77 of the Public Records of Palm Beach County, Florida.
Said lands situate, lying and being in Palm Beach County, Florida and containing 550 square feet
more or less.
3 RES. NO. 57-02
COMMISSION DOCUMENTATION
TO:
THRU:
FROM:
SUBJECT:
DA~D~~ITY MANAGER
PA[.JL DORLING, D~R__~'.CTOR OF PLANNING..~ AND Z~IING
NGUYEN TRAN, SE DR PLANNER __
MEETING OF JULY 2, 2002 *CONSEN
ABANDONMENT OF A PORTION OF THE EAST-WEST ALLEY
LOCATED ON THE NORTH SIDE OF LOT 6, BLOCK 6 OF WHIDDEN'S SUBDIVISION.
RIGHT-OF-WAY,
I BACKGROUND
The request involves abandoning a 50' x 11' portion of alley right-of-way, adjacent to Lot 6, Block 6 of
Whidden's Subdivision (Plat Book 2, Page 58), located on the east side of N.W. 11th Avenue, north of West
Atlantic Avenue. The subject alleyway consists of 550 total square feet (0.013 acre) and represents the
south 11-feet of a 27-foot alleyway, adjacent to Lot 6.
In December of 1925, Whidden's Subdivision (excluding Lots 1 & 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 1 & 6, Block 6 of Whidden's Subdivision.
The abandonment request was submitted by the owner of Lot 6, Block 6 of Whidden's Subdivision. By
abandoning this area, the applicant will receive the entire abandonment area since Lot 6, 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 adjacent 16' east/west alleyway to the north is
mulched. The applicant intends to aggregate the abandonment area to be used as parking for a future
development.
The City's Environmental Services Department (water & sewer service), Florida Public Utilities Company
(gas service), Florida Power & Light, BellSouth, and Adelphia Cable have reviewed the request, and have
no objection to the abandonment.
PLANNING:~,D ~i~G BOARD CONSIDERATION
At its meeting of June 17, 2002, 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 (Krall & Sowards absent).
I ACTION
RECOMMENDED
By motion, approve the abandonment of a 50' x 11' portion of an east-west alley right-of-way located on the
north side of Lot 6, 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 June 17, 2002
S:~ P&Z~boards~citycommtsslonVt4arfano Center Alley Aband-cc doc
RESOLUTION NO. 57-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA VACATING AND ABANDONING THE
EAST/WEST ALLEY LYING NORTH OF AND ADJACENT TO LOT
6, BLOCK 6, WHIDDEN' S SUBDWISION, AS MORE
PARTICULARLY DESCRIBED BY EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida received an application for
abandonment of the eleven foot (11') alley right-of-way lying north of and adjacent to Lot
6, Block 6, Whidden's Subdivision, as more particularly described in Exhibit "A",
attached hereto; said Lot 6 being located at the Northeast comer of West Atlantic Avenue
and N.W. 11th 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(0)(3)(d), the Planning and
Zoning Board, as Local Planning Agency, formally reviewed the matter at a
public hearing on June 17, 2002 and voted 5 to 0 to recommend approval of the
abandonment, based upon positive findings with respect to LDR Section
2.4.6(0)(5), and subject to conditions; 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. The foregoing recitals are hereby incorporated herein by this
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 July, 2002.
ATTEST:
MAYOR
City Clerk
Exhibit "A"
That portion of the 15 foot alley right of way lying north of and adjacent to Lot 6, Block
6, Whidden's Subdivision, according to the plat thereof as recorded in Plat Book 2, Page
58 of the Public Records of Palm Beach County, Florida, lying south of the westward
extension of the north line of Lot 7, Block 2, Atlantic Pines, according to the plat thereof
as recorded in Plat Book 13, Page 77 of the Public Records of Palm Beach County,
Florida.
Said lands situate, lying and being in Palm Beach County, Florida and containing 550
square feet more or less.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
June 17, 2002
Abandonment of a 50' x 11' Portion of East-West Alley Right-Of-Way
Lying on the East Side of N.W. 11th Avenue, North of West Atlantic
-Avenue Within the Whidden's Subdivision.
-Sll
ATLANTIC AVENUE N
GENERAL DATA:
Owner ............................. General Public
Applicant ........................ Jonathan Mariano
Agent .............................. Lloyd Hasner
Location .......................... East side of N.W. 11th Avenue, north of West Atlantic Avenue
Within the Whidden's Subdivision.
Property Size .................. 550 sq. ff. (0.013 Acre)
Future Land Use Map ..... General Commercial
Current Zoning ...............GC (General Commercial)
Adjacent Zoning .... North: GC
East: GC
South: GC
West: GC
Existing Land Use .......... Unimproved right-of-way
Proposed Land Use ........ Abandonment of an excess 11' x 50' portion of alleyway to be
incorporated into a future development.
Water Service ................. N/A
Sewer Service ................N/A
.. IV.B.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of an 11' x 50' portion of alley right-
of-way within Whidden's Subdivision (Plat Book 2, Page 58), located on the
north side of West Atlantic Avenue, adjacent to and east of N.W. 11th Avenue.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(0), Abandonment of Rights-of-Way.
BACKGROUND
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 I & 6, Block 6 of Whidden's
Subdivision. A 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.
Currently the subject property is vacant and the entire east/west alleyway is
mulched.
ABANDONMENT DESCRIPTION
The portion of alleyway proposed for abandonment is an 11' x 50' rectangular
shaped parcel containing approximately 550 square feet (0.013 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 the owner of Lot 6, Block 6 of
Whidden'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 to be used as parking for a future
development. Currently, no future development plans have been submitted.
Planning and Zoning Board Staff Report
Manano Center Abandonment
Page 2
ABANDONMENT ANALYSIS
Pursuant to LDR'Section 2.4.6(O)(1), pub'lic right-of-way may be abandoned
(returned) to the adjacent property to the same degree in which it was
originally obtained, £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 6, Block 6 and Lot 12, Block 2 of
Whidden's Subdivision. With the replat of Whidden's Subdivision by the plat of
Atlantic Pines, Lot 6, 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 applicant will benefit from the entire abandonment area.
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.
Florida Power & Light, Adelphia Cable, BellSouth, and the Florida Public Utilities
Company have also reviewed the request and have no objection.
REQUIRED FINDINGS
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 11' x 50' portion of alleyway proposed for abandonment is additional to
an existing 16' east/west alleyway. 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 will still have secondary access from an existing 16'
east/west alleyway.
Planning and Zoning Board Staff Report
Mariano Center 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.
No utilities have been located within the abandonment area.
~ · REVIEW BY OTHERS
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 A~encv
The CRA reviewed this abandonment request at its meeting of May 23, 2002 and
recommended "Approval".
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
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.
ASSESSMENT
As previously mentioned, the abandonment area is in addition to an existing 16'
east/west alley right-of-way. The subject area is not needed nor will it be needed
for any public purpose. 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 6, Block 6 of Whidden's Subdivision), the potential for a better
development is created.
Planning and Zoning Board Staff Report
Mariano Center Abandonment
Page 4
ALTERNATIVE ACTIONS
1. Cbntinue with direction.
2. Recommend to the City Commission approval of the abandonment subject to
positive findings with respect to LDR Section 2.4.6(0)(5).
3. 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).
RECOMMENDED ACTION
By motion, recommend to the City Commission approval of the abandonment of
the 11' x 50' portion of alleyway, lying within Whidden's Subdivision, based upon
positive findings with respect to LDR Section 2.4.6(0)(5).
Attachments:
· Location Map
· Reduced Survey
File: S:\Planning&Zomng\Boards\P&Z\Manano Center Alley Abandonment.doc
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CITY OF DELRAY BEACH, FL
PLANNING & ZONINGDEPARTMENT
ABANDONMENT OF ALLEYVVAY
(11' X 50' PORTION OF ALLEYWAY W~THIN WHIDDEN'S SUBDIVISION, PB 2, PG 58)
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