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File #: 22-753    Version: 1 Name:
Type: Resolution Status: Passed
File created: 6/3/2022 In control: City Commission
On agenda: 8/9/2022 Final action: 8/9/2022
Title: RESOLUTION NO. 97-22: 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; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL).
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Resolution No. 97-22 FINAL, 3. ROW Abandonment Waiver Staff Report, 4. ROW Abandonment Waiver Recommendation of City Engineer, 5. Resolution No. 97-22, Applicant Justification, 6. Traffic Study Simmons and White, 7. Simple Legal Review Approval 97-22
TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: August 9, 2022

Title
RESOLUTION NO. 97-22: 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; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL).
Body
Recommended Action:
Recommendation
Review and consider Resolution No. 97-22.
Body
Background:
The applicant has requested the partial abandonment of an unimproved “T” alley located on the eastern portion of the 200 block of SE 2nd Avenue, a City of Delray Beach Right-of-Way (ROW). The alley right-of-way is within the area zoned Central Business District (CBD) and is in the Railroad Corridor sub-district. The attached justification letter indicates the abandonment is requested to accommodate adaptive reuse of the property. However, prior abandonments within the CBD have been used to accomplish greater density (dwelling units per acre) and intensity (floor to area ratio, lot coverage) or to agglomerate lots. The abandonment was not submitted with a site plan.
If the requested waiver and abandonment are approved, a utility easement is necessary given the presence of utilities in the existing right-of-way.
Pursuant to The CBD Land Development Regulations (LDR) 4.4.13(J)(1)(c), Streets and Block: Streets and Alleys “Streets and alleys may not be abandoned, vacated or closed to accommodate new development.” Thus, the applicant is requesting a waiver to the LDR and seeks to incorporate the proposed abandonment area into the property for reuse of the area.
Pursuant to LDR Section 4.4.13 (K)(5)(a),...

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