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Spotts Abandonment DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Englnee,lng LIcense occ, City Clerk DePUty --I PROJECT NAME: 805 North Federal Highway (ABAN 05-007) APPLICANT'S AGENT: Daniel Spotts - APPLICANT'S ADDRESS: 4606 SW 74th Avenue, Miami, FL 33155 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 6,2005 ~'( .3, ~oo" TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a 20 foot alley right-of-way located to the rear of Lot 17, Block 1 of Boynton Lake Addition to Boynton Beach plat. LOCATION OF PROPERTY: Located west of 805 North Federal Highway, which is on the west side of North Federal Highway, between Northeast 7th Avenue and Northeast 8th Avenue. DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant LHAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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". 4. The Appliqmt's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. DATED: 7. Other S:IPlanningISHAREDlWPIPROJECTSI805 N Federal H EXHIBIT "c" Conditions of Approval Project name: Abandonment of a Portion of 20-Foot Wide Alley for 805 North Federal Highway File number: ABAN 05-007 I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X __..w, PUBLIC WORKS- Trame Comments: None X - , UTILITIES Comments: J. Dedication of a Utility Easement for City utilities within the right-of-way to X be abandoned is required. -~~.. , 2. No structures or landscaping shall be placed within the confines of the X required utility easement without the express written consent of the Engineering Division of Public Works. 3. The legal description needs to be corrccted to read as follows: X "A 20-foot (not 25-foot)right-of-way lying west of Block I . . . ,. - ., POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X . , PARKS AND RECREATION .. Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: 4. The dedication of the utility easement shall occur prior to the second reading X of the ordinance. PUBLIC UTILITY PROVIDERS Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. To be detennined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be detennined. ~ S:\Planning\SHAREOIWPIPROJECTSI306 BBB, A8AN 04-005\COA.doc ;-" "., .~. 1 irL:": 127.4 feet EXHIBIT "A" LOCATION MAP 'I, I I. , ' i ".' (" ~ __ill EXHIBIT "8" SURVE) FLORIDA ) ~5T cCOA~T 1(41L~4D c?c: I2.lbl-lT --C>~-WA'( ~ I- :g t>- ro.L ~ l\\ ~ ~~ ~ :()~ C>l {)_ Ii) -~ tt>. ..\) ~ ~ .~'~ ~ 2. ,I I LA'P FOuND III 1,12'1 ./ . 1..17 ZIOZ- " Ncrr 20'4, E SUBJECT ABANDONMENT . , rotJtJl/ 1\2' I.~ Y LAf' ~r; ZIOl-, ~.S8' ~ ----- ------- 10/(0,1 -:?QUARE FEET .2C1 12:1G~/-r-OF_/.JAY Pt::.R PLAT "------- -- <%. -7- 1.01 ~'IJ~L7 . 3h ~cL -tl\ c~ ~. '""<:Q \lS<, rXIBTr>-Jb G. L, F ~ \U ~~ LI' - - -:s- . o:r~ Q ~ 'if) ~"9' --- Lo-r Ie hoc. K I r::,/ -,.t..:. ~b t{>~ C1LVm :.---- .' '<1'" J~~"" '--- '70,00' I?-IIJ lJoerl-l 1..1",e- -ll')lal~-r 1(P () r ~ toe-I(. Y;, 1./1. l:> If- t()\ /./ u"-'€ wr 11 I3-LOc..K I . YNTe>tJ lAKf AOOl-rlorJ ,0 Eb 1\ PB> II Pb. " "WA'{ (N?RnI FEP~I(AL PIXIE tllbtt , HI&HWAY~ N~ DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-185 TO: Chair and Members Community Redevelopment Agency Michael W. RumPt'{\.()~ Planning and Zoning Director THRU: FROM: Kathleen Zeitier Planner DATE: September 26, 2005 SUBJECT: Abandonment Request of the Ailey west of 805 North Federal Highway ABAN 05-007 NATURE OF REOUEST The applicant, Daniel Spotts, owner of Miami Aqua Cuiture, Inc., is requesting the City to abandon a portion of a pUblic alley which abuts the rear of his business property located at 805 North Federal Highway (formerly Act II consignment shop, currently an unoccupied commercial building). This 20-foot wide unimproved public alley runs north and south adjacent to and parallei with the Florida East Coast (FEe) railroad. The portion requested to be abandoned is approximately 20 feet in width by 50 feet in length, and a total of 1,016.7 square feet (0.023 acre) in area. Per the survey submitted with the application, the platted ailey segment is iegally described as follows: A portion of a 25 foot right-of-way lying west of Block 1 of Lake Addition to Boynton Beach as recorded in Plat Book 11, Page 71, of the public records of Palm Beach County, Florida, being more particularly described as follows: Being bound on the north and south by the westerly extension of the north and south line of Lot 17, of said Block 1. Bounded on the west by the west line of said right-of-way, said line also being the east right of way line of the Florida East Coast Railway, as shown on plat, and bounded on the east by the west line of said Lot 17, Block 1. It is important to note that the legal description on the survey submitted incorrectly states that the width of the right of way is 25 feet, when it is actually 20 feet in width. The survey submitted indicates no below ground improvements, footers, foundations, or utilities have been located or shown on the survey. The Location Map (see Exhibit "A") shows the general vicinity of the public alley right-of-way to be abandoned. The Proposed Abandonment (see Exhibit "B") depicts the exact location of the subject site and its boundaries and legal description. The following is a description of the land uses and zoning districts of ali properties that surround the subject portion of the public ailey right-of-way. North - A portion of the 20-foot alley located to the rear of Lot 16 (a vacant 0.12 acre lot zoned C-4); South - A portion of the 20-foot alley located to the rear of Lot 18 (a 0.56 acre lot zoned C-4 used for vehicle repair); Page 2 Memorandum No, PZ 05-185 ABAN 05,007 East 805 North Federal Highway (Lot 17, Block 1 of Lake Addition to Boynton Beach Plat) zoned C-4 (applicant's property); and, West - A 50-foot wide railroad right-of-way for Florida East Coast (FEe) Railway. BACKGROUND The subject portion of the 20 foot wide alley lies within the boundaries of Lake Addition to Boynton Beach Plat. The approved plat was recorded in Plat Book 11, Page 71 on April 9, 1925. The plat includes a total of 190 individual lots, a 50-foot wide railroad right-of-way owned by the Florida East Coast (F. E.C.) Railway, several 50-foot and 66- foot wide rights-of-way, and several IS-foot wide and 20-foot wide alleys. The plat also contains a reversionary clause in the dedication, which states "does hereby dedicate to the perpetual use of the public as public highways, the streets, avenues, boulevards, and alleys as shown hereon, reserving however unto itself, its successors and legal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by law". The City makes no representation regarding the impact of the reversionary language on title to the adjacent properties. Re-development or expansion of the adjacent property following abandonment requires the property owner to establish proof of clear title as a condition of re-development or expansion. The applicant has submitted a copy of a report dated January 7, 2005 from Title Evidence of South Florida, Inc. which discloses that title of the subject property is vested in the City of Boynton Beach via the dedication shown on the recorded plat, and at this time said property is free and clear of any liens and encumbrances, and exempt from ad valorem taxes. On July 7, 2005 staff heid a pre-application meeting with the applicant. Notes of the meeting indicate that the applicant initially informed staff that the alley was overgrown with weeds and attracted vagrants and crime, and he wanted to abandon the property so he could maintain it. The applicant further clarified that he intended to use the alley behind his lot for additionai business parking. Staff explained that there were alternatives without the need for abandonment, such as a revocable license agreement, Whereby the applicant could lease the land from the City. Staff also informed the applicant of the following: (1) per State law, if the property is abandoned each adjacent property owner would get one-half ofthe abandoned property, (2) the presence of any live utility in the alley would require an easement dedication, and (3) the use of the property for a parking lot will require a City approved site plan modification which complies with all applicable Land Development Regulations. City records indicate that portions of the public alley located north of the subject property have been abandoned by the City (Resolutions 90-179, 93-79, 98-56, 98-130) subject to conditions of approval regarding easement dedication. ANALYSIS When a right-of-way, such as this unimproved alley, is abandoned the abandoned land is transferred in equal portions from the general public to the abutting property owner(s) per State law (~336.12). Typically, two (2) properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property owner. The applicant requesting this abandonment is the owner of the abutting property to the east (at 805 North Federal Highway / Lot 17, Block 1 of Lake Addition). Public records indicate that Florida East Coast Railway is the owner of the abutting property to the west (50-foot wide railroad right-of-way). Staff has attempted to contact a representative of the FEe Railway and has received no comments from the FEC regarding this requested abandonment. If the abandonment request is approved, the applicant would receive only one-half of the alley width, or ten (10) feet total. A 10 foot strip may not be enough property to utilize for additional parking as the applicant proposes. The applicant could try to obtain the additional property from Florida East Coast Railway. Page 3 Memorandum No. PZ 05-185 ABAN 05-007 A summary of the responses from the city staff is noted as follows: CITY DEPARTMENT / DIVISION Public Works / Engineering No objection to requested abandonment Support Abandonment with Dedicated Easement or a Revocable License Agreement Development / Planning and Zoning No objection to requested abandonment Support Abandonment with Dedicated Easement or a Revocable License Agreement Recreation & Parks / Parks No objection to requested abandonment Per letters from utility providers submitted by the applicant, responses from the utility companies are noted as follows: PUBLIC UTILITY COMPANIES Florida Power and Light Bellsouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection to requested abandonment No objection to requested abandonment No objection to requested abandonment No objection to requested abandonment N/A Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4, of the Land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised in the local newspaper. Comments from the City Engineer / Assistant Director of Public Works regarding the abandonment state that there is a live utility service (sewer line) located within the 20-foot alley, and that a majority of the alley would have to be retained as a utility easement (a minimum of 12 feet in width). The City Public Works / Utilities Department typically oversees easement dedications. At least sixty percent (60%) of the 20-foot alley would be required to be dedicated as a utility easement if the alley were abandoned. An alternative to abandonment, proposed by the City Engineer is a Revocable License Agreement which allows the subject property to be leased. The Revocable License would allow the applicant to use the entire width of the alley (20 feet), rather than one-half (10 feet) if abandoned. RECOMMENDATION Staff has determined that the subject portion of this alley no longer serves the public for access purposes and, with establishment of an easement, the limited use of the alley for utility purposes would be preserved. Therefore, staff has no objection to the request for abandonment, and supports (1) abandonment with a condition of approval that a utility easement be dedicated, or (2) a revocable license agreement. Since the applicant desires to improve the subject property with additional paved parking for his business, he would rather own the property, not lease it. Staff recommends approval of the requested abandonment with the condition for an easement, and the applicant has agreed to the stated condition. Any additional conditions recommended by the Community Redevelopment Agency Board or by the Commission will be placed in Exhibit "c" - Conditions of Approval. S:IPlanningISHAREDlWPIPROJECTSI805 N. Federal HwylStaff Report (ABAN 05-007).doc ". 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