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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 U,Wo $.W 1ST ST. ATLANTIC AVENUE 1ST ST. N 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) --- D/GE'AL BASE MAP $}""STEII~I -- (~_~gm~ o~) ,~.E/g ONnO~