This is a request to vacate, by Ordinance, a portion of a 30-foot unimproved right-of-way, known as Boston Avenue, within the Lincoln Heights Subdivision as recorded in Plat Book 2, Page 18, in the Public Records of Flagler County, Florida.

In accordance with local notification procedures, notice of the date, time and location of First Reading were mailed to abutting property owners by certified mail on May 22, 2025.  In accordance with Florida Statute, notice of First Reading was published in the May 29, 2025 edition of the Palm Coast Observer.

The applicant, RTN Properties LLC, is requesting to vacate a portion of the 30-foot unimproved right-of-way, known as Boston Avenue, within the Lincoln Heights Subdivision. The portion of the right-of-way to be vacated is located between Lincoln Street and the unimproved portion of South Forsyth Street within such subdivision. RTN Properties LLC owns all property abutting the right-of-way with the exception of one property owned by J Ryan Realty LLC. 

This vacation would allow the property located at 905 South Bay Street to come into compliance and receive a certificate of occupancy as their final buildout resulted in a fence encroaching into the City's right-of-way. They are currently not under any code enforcement action as the applicant is moving forward in good faith and is working with the City on resolving the issue.

The applicant plans to build a private driveway to access Lot 1 of Block 3 in the Lincoln Heights Subdivision. There are future plans to build a Single-Family residence on this lot.

There is currently no City of other public utilities located within the right-of-way to be vacated.

PZA Board Recommendation

The PZA Board, at their May 6, 2025 regular scheduled meeting, unanimously recommended approval of this ordinance to the City Commission.