Boynton Delray Academy (2) DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME ' Boynton Delray Academy
APPLICANT'S AGENT:
Mr. Marry Madura with Advanced Modular Structures, Incorporated
APPLICANT'S ADDRESS: 1911 Northwest 15th Street Pompano Beach, FL 33069
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 16, 2003
TYPE OF RELIEF SOUGHT: Abandon a five (5)-foot wide alley between the north and south parcels
LOCATION OF PROPERTY: The northwest corner of Martin Luther King Jr., Boulevard and Railroad
Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
~ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Appli.cant's application for relief is hereby
,)~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: I -- c~,,~-O L/.
S:~Planning~SHARED\WP~PROJECTS\Boynton Delray Academy~B~.doc
City Clerk
!11
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"'L~ATION MAP'"
EXHIBIT '.'B'
BOYNTON DEL'RAY ACADEMY
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach,
a municipal corporation, under the laws of the State of Florida, does hereby abandon
5-foot wide alley, which runs west of N. Railroad Avenue located between N.E. l0th
and N.E. 11th Avenue, and more particularly described in the attached Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Florida, have hereunto set their hands and affixed the seal of the City this __
r of January, 2004.
;T:
CITY OF BOYNTON BEACH, FLORIDA
Clerk
Kurt Bressner, City Manager
OF FLORIDA )
)SS:
OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
known to me to be the persons described in and who executed the foregoing
and acknowledged the execution thereof to be their flee hand and deed as
officers, for the uses and purposes mentioned therein; that they affixed thereto the
seal of said corporation; and that said instrument is the act and deed of said
WITNESS my hand and official seal in the said State and County this
2004.
day of
NOTARY PUBLIC, State of Florida
My Commission Expires:
SACA~,OrdinancesV~bandonrnents~Abandon -5 Ft ROW NE loth and NE 11th.doc
EXHIBIT "A"
A 5-foot alley lying in Block B of Meeks and Andrews Addition to Boynton, as
recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County,
Florida, being more particularly described as follows:
A 5-foot wide alley running which runs west from N. Railroad Avenue between
NE l0th Avenue and NE 11th Avenue in said Block B.
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-288
TO:
THRU:
FROM:
DATE:
SUBJECT:
Chairman and Hembers
Community Redevelopment Agency Board
Hichael W. Rumpf
Planning and Zoning Director
Eric Lee .lohnson, AICP ~
Planner
December 1, 2003
Boynton Delray Academy (ABAN 03-012).
Abandonment of a five (5) foot wide right-of-way (alley)
NATURE OF REOU~._~r
Hr. Marty Hadura, agent for the applicant is requesting to abandon the 5-foot wide alley located between the north
and south parcels of the project known, as Boynton Delray Academy (CC)US 03-008). This request to abandon the
alley was submitted on October 15, 2003. It is described as follows:
A portion of the South 5 feet, less the F.E.C. Railway, HEEKS AND ANDREWS ADDITZON TO
BOYNTON, according to the Plat thereof; as recorded in Plat Book 5, Page 84 of the Public Records
of PAIN BEACH COUNTY, FLORZDA, being more particularly described as follows:
Commendng at the Southwest comer of the East 300 feet of BIock"B"; thence East, along the South line of
Block "B", a distance of 116.50 feet to the POINT OF BEG[NN[NG; thence East 116.90 feet to a point of
Intersection of the Westerly right-of-way line of Railroad Avenue; thence South 07047'02'' West, along the
said Westerly right-of-way !ine, a distance of 5.05 feet; thence West, along the Southerly line of said MEEKS
AND ANDREWS ADDI'I-ZON TO BOYNTON, a distance of 116.49 feet to a point, thence North 03°09'23" East,
a distance of 5.01 feet to the POINT OF BEGZNNZNG. '
Said lands containing 583.481 square feet / 0.0134 acres + (more or less).
The IocaUon map attached as Exhibit "A" shows the general vidnity of the alley and the subject property. The
attached F_xliibit ~B"- shows the predse limits of the existing utility easement to be abandoned.
"[he following is a descdp.IJon of the zoning districts and land uses of the properties that surround the subject
request.
North:
Right-of-way for Northeast 11~ Avenue, then farther north is vacant residential property
zoned R-2;
Right-of-way for Northeast 10~ Avenue, then farther sOuth is developed commerdal
property (King's Cafe) zoned C-2;
Right-of-way for Railroad Avenue, then farther east is right-of-way for the Rorida East
Coast Railroad; and
West: Vacant commercial and residential properties zoned C-2 and R-2.
Page 2
Memorandum No. PZ 03-288
ABAN 03-012
BACKGROUND
The two (2) parcels that comprise the Boynton Delray Academy project surround the subject alley on both of its
sides (north and south). The proposed project (COUS 03-008) consists of a charter school and related site
Improvements. As proposed, Improvement of the lots would require the successfUl abandonment of the alley that
dissects the middle of the property in an east / west direction.
When a right-of-way, such as this alley, is abandoned, the ownership of the abandoned land is transferred from the
Cib/of Boynton Beach to the abutting property owner(s). Typically, two (2) or more pmperb/owners would be
affected by the abandonment. This is because the right-of-way is divided in half; each half conveyed to the
abutting pmperb/owners. Pursuant to Chapter 22, Artide 11I[, Section 4, public notice was given to the property
owners that abut the alley to be abandoned, all utility companies have been notified and the request has been
advertised in the newspaper. In this case, the Boynton Delray Academy is the sole property owner of both lots
(north and south) that abut the subject alley. Obviously then, the Clb/has not received any letters of objection
from the abutting owners. However, a summary of the responses from the utility companies and db/staff is noted
as follows:
CiTY DEPAR'I'HENTS/D[V[SIONS
Engineering
Public Works/Utilities
Planning and Zoning
No objection
No objection
Approval with
Approval)
conditions (see Exhibit ~C' - Conditions of
PUBLZC UTZLITY COMPANIES
florida Power. and Ught -
Bell South -
Rorida Public Utilities Company -
Cable Company (Adelphla) -
No obJeddon
No response (see Exhibit ~C"- Conditions of Approval)
No response (see Exhibit ~:"- Conditions of Approval)
No objection
The Engineering Division of Public Works has preliminarily reviewed and approved this request for abandonment.
No utilities have been found within this right-of-way. However, any Issues that arise in the futura would typically be
addressed during the time of platting. As of the date of this report, no response has been received yet from Bell
South or the Rorida Public Utilities Company.
RECOHHENDA'I'~ON
Staff is recommending approval of this request to abandon the 5-foot wide alley given the lack of Public necessity as
determined by staff, contingent upon satisfying all comments in the conditions 'of-approval. Any additional
conditions requlred by the Communib/Redevelopment Agency and / or the City Commission will be placed in Exhlbit
~" - Conditions of Approval.
xc: Central File
1 I~. = 125.0 feet
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"'LOOATION MAP-~-
BOYNTON DE'LRA¥ ACADEMY
EXHIBIT "B"
.~ N,E. ~]~h ~VENUE
,
[ .....
:~/ ~.o:c. . ~
~'~ / S.E. CORNER ~ · :
~ I FEAST 300 ~ ~
/ BLOCK "B' ~ I .~xs
S~ UNE z
~ (...- ~ ~ -) ~Os~~J
~T
u~
E.ROBER3S ADDITION TO BO'tI~IION
(P.B. 1, PG. 123, P.B.C.R.)
CERTI'FICATE~
~ lo-~4-o3
PAUL A. OA~S - ' ~
DAVIS & P URMORT, INC.
La~d ~urveyors · L~ud Develbpment Consultants . P!~nn~
~ (e~) ~o~ ~ (~) ~o~ ~ (~~
ilvi~lomm ~ Condominiums Land ~ Site Planning
SCALE~ 1'= 50'
DRA I~N BY:. N.I~I~
DATE.. 10--14--03
JO~ N~ 0G--1197
F.B./PG. N/A
RLE
SHEET NO. 2 OF 2
EXHIBIT "B"
LECAL DESCRIPTION:
THE' FOLLOWING DESCRIBED PARCEL OF LAND IS FOR A
VACATION OF RIGHT-OF-WAY, A PORTION OF THE SOUTH
5' FEET, LESS THE F.E.C. RAILWAY, MEEKS AND ANDREWS
ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF;
AS RECORDED IN PLAT BOOK 5,. PAGE 84- OF THE' PUBLIC
RECORDS 'OF PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED'AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST
..300' FEET OF BLOCK 'B"; THENCE EAST, ALONG THE
SOUTH LINE OF BLOCK "B", A DISTANCE OF 116.50' FEET
TO THE POINT OF BEGINNING; THENCE EAST 116.90' FEET
TO A POINT OF INTERSECTION OF THE WESTERLY
RIGHT-OF-WAY LINE OF RAILROAD AVENUE; THENCE'
S07'4-7'02"W, ALONG THE SAID WESTERLY RIGHT-OF-WAY
UNE, A DISTANCE OF 5:05' FEET; THENCE WEST, ALONG
THE .SOUTHERLY LINE OF SAID MEEKS AND ADDITION TO
BOYNTON,- A DISTANCE OF 116.4.9' FEET TO A POINT;
THENCE NOS'O9'25"E, A DISTANCE OF 5.01' FEET TO THE
POINT OF BEGINNING..
SAID LANDS CONTAINING .583.481 SQUARE FEET/O. 0134.
ACRES MORE OR LESS.
DAVIS & PURMORT, INC.
Land Surveyors. Land Development-Consultants. Planners'
IOhon~ (954) 421--9101 '& (954) 696-9101 f~ax: (9fl4)69~-.9722
Subdlvlelene ~ Condominiums L<3nd ~ Site Planning ~'~L~
~S"m~'""~'~'k'"~'~'~S"n~'~"~~'~~ SHEETNO.
SCALE.. 1'= ~0'
DRAWN BY: N. LR.
DA TE: 10-14-03
JO~ NO:. 0,:3--1197
~.s./t~ .IA
EXHIBIT "C"
Conditions of Approval
Project name: Boynton Delray Academy
File number: ABAN 03-012 Application received October 15, 2003.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Conm~ents: None X
PUBLIC WORKS- Traffic
Comments: None X
IJTILITI~$
Comments: None X
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Approval of this abandonment request is contingent upon the approval of X
Bellsouth and the Florida Public Utilities Company.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. Obtain a title opinion (ownership and encumbrance report) from a title X
company that reflects public ownership.
PRIVATE UTILITIES
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
3. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
4. To be determined.
SNnlannlno~SHARE~WP~PROJECTS~Boynton Detmy AcademlAABAN~COA.doc