TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: June 14, 2022
Title
RESOLUTION NO. 74-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER REQUEST TO SECTION 4.4.13(J)(1)(C) OF THE LAND DEVELOPMENT REGULATIONS, ALLOWING THE SUBMISSION OF A REQUEST TO ABANDON THE RIGHT-OF-WAY LOCATED IN THE 200 BLOCK OF SOUTHEAST SECOND AVENUE IN THE CENTRAL BUSINESS DISTRICT, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ACCOMMODATE NEW DEVELOPMENT; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL).
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Recommended Action:
Recommendation
Review and consider Resolution No. 74-22.
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Background:
The applicant has requested the abandonment of SE 2nd Avenue, a City of Delray Beach public right-of-way (ROW), between SE 2nd Street and SE 3rd Street. The area is zoned Central Business District (CBD) and is within the Railroad Corridor sub-district.
Pursuant to CBD Land Development Regulations (LDR) Section 4.4.13(J)(1)(c), “Streets and alleys may not be abandoned, vacated or closed to accommodate new development.” The applicant is requesting a waiver to this provision and seeks to pursue a ROW abandonment and incorporate the proposed roadway area into a Class V development application.
If approved, the abandonment would allow the developer to accomplish greater intensity and density in the project; therefore, a waiver is required from LDR restriction prior to the processing of the abandonment request. Additionally, in the instance that the waiver and abandonment are approved, a public access easement would be needed allowing both vehicular and pedestrian access across a similar area as the existing SE 2nd Avenue, as the physical link to other public streets would still exist.
The Technical Advisory Committee (TAC), which reviews all development applications, has reviewed the Class V site plan application, and generated comments; howe...
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