Agenda 01-22-13
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE: Tuesday, January 22, 2013 TIME: 6:30 P.M.
PLACE:Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida
___________________________________________ __________________________ ___________
1. Pledge of Allegiance
2. Introduction of the Board
3. Agenda Approval
4. Approval of Minutes from November 27, 2012 meeting
5. Election of Chair and Vice Chair
6. Communications and Announcements: Report from Staff
7. New Business:
Galaxy Way Right-of-way Abandonment (ABAN 13-001)
A.1. – Approve the abandonment of
a portion of the 35-foot wide Galaxy Way street right-of-way running in a north-south
direction for a distance of approximately 430 feet, in conjunction with the modernization of
Galaxy Elementary School. Applicant: Michael Owens, School District of Palm Beach
County.
8. Other
9. Comments by members
10. Adjournment
The Board (Committee) may only conduct public business after a quorum has been established. If no
quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or
her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board
members may not participate further even when purportedly acting in an informal capacity.
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT
BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF
THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE
AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A
DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A
SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY
CLERK’S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR
ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 12-042
TO:
Chair and Members
Planning and Development Board
THRU:
Michael W. Rumpf
Planning and Zoning Director
FROM:
Ed Breese
Principal Planner
DATE:
January 7, 2013
SUBJECT:
Abandonment of a portion of the 35 foot wide Galaxy Way street right-of-way running in a
north-south direction for a distance of approximately 430 feet, in conjunction with the
modernization of Galaxy Elementary School. Applicant: Michael Owens, School District of
Palm Beach County.
NATURE OF REQUEST
Michael Owens of the School District of Palm Beach County, is requesting to abandon a portion of Galaxy
Way in conjunction with the modernization of Galaxy Elementary School. The subject property is classified
PPGI (Public & Private Governmental/Institutional) land use and zoned PU (Public Usage). The school is
located at the NE corner of Boynton Beach Boulevard and Interstate 95 (see Exhibit “A” – Location Map).
The 35 foot wide portion of the street right-of-way to be abandoned runs in a north-south direction for a
distance of approximately 430 feet, near the center of the school site. A sketch and legal description of the
subject right-of-way is attached as Exhibit “B”.
The applicant indicates that this portion of the street right-of-way is being vacated due to the modernization
of the school which would place the building footprint in the right-of-way (see Exhibit “C” – New Galaxy
Elementary School Site Plan). The site and building layouts were previously approved by the City,
recognizing the need for the School District to subsequently make formal application for abandonment. The
School District has received all utility authorizations for the requested abandonment and is now ready to
complete the City’s process.
The following is a description of the zoning districts and land uses of the properties that surround the
subject request:
North: To the NW is a City-owned park and to the NE are the single-family residential
subdivisions of Ridgewood Manor and Ridgewood Hills;
South: School property and farther south is right-of-way of Boynton Beach Boulevard;
East: School property and farther east is the single-family residential subdivision of
Ridgewood Hills; and
West: School property and farther west is right-of-way of Interstate 95.
Page 2
Memorandum No. PZ 12-042
ABAN 13-001
BACKGROUND
Galaxy Way is a street that was deeded to the City through a quitclaim deed by the Florida Department of
Transportation (FDOT) in 2010. The street was part of land acquired by the State for state highway
purposes. FDOT determined the land was no longer required for such purposes and deeded the land to the
City and its assigns for public purposes and to provide access to adjacent public properties. The portion of
Galaxy Way requested to be abandoned is fully encompassed within the school property and serves only
the school. The City entered into an interlocal agreement with the School District of Palm Beach County, in
which the City agreed to process a request for abandonment of this segment of Galaxy Way to facilitate the
modernization of Galaxy Elementary School, as it was understood the redesign of the site would place the
school building directly over the street right-of-way.
As such, the subject request is essentially a housekeeping matter to formalize and closeout the
abandonment of that portion of the right-of-way needed for the school project, and which no longer no
longer serves a public purpose.
ANALYSIS
Owners of properties within 400 feet of the subject site were mailed a notice of this request and its
respective hearing dates. The applicant has certified that they posted signage and mailed notices in
accordance with Ordinance No. 04-007 and the abandonment request has been advertised in the
newspaper. A summary of the responses is as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering - No objection
Public Works/Utilities - No objection
Planning and Zoning - No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light - No objection
AT & T - No objection
Florida Public Utilities - No objection
Comcast - No objection
RECOMMENDATION
Staff has determined that the abandonment of the subject portion of Galaxy Way is required to facilitate the
approved modernization of Galaxy Elementary. Based on the above analysis and the fact that this portion
of the right-of-way no longer serves a public purpose, staff recommends APPROVAL of the applicant’s
requested abandonment. Any conditions required by the Planning and Development Board and the
Commission will be placed in Exhibit “D” - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Galaxy Elementary School\Galaxy Way ABAN 13-001\Staff Report.doc
EXHIBIT "A" - SITE LOCATION MAP
GALAXY WAY ABANDONMENT (ABAN 13-001)
NW 7TH AVE
R-1-A
PU
NW 6TH AVE
SITE
NW 5TH AVE
NW 4TH AVE
REC NW 3RD AVE
W BOYNTON BEACH BLVD
C-2
C-3
225112.50225450675900
Feet
EXHIBIT "D"
Conditions of Approval
Project name: Galaxy Way Right-of-way Abandonment
File number: ABAN 13-001
Reference:
INCLUDEREJECT
DEPARTMENTS
ENGINEERINGPUBLIC WORKS UTILITIES
//
Comments: None
FIRE
Comments: None
POLICE
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Galaxy Elementary School\ABAN 13-001\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Galaxy Way Right-of-way Abandonment (ABAN 13-001)
APPLICANT’S AGENT: Michael Owens, School District of Palm Beach County
AGENT’S ADDRESS: 3300 Forest Hill Blvd., Suite C-110, West Palm Beach, FL 33406
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 19, 2013 & March 5, 2013
TYPE OF RELIEF SOUGHT: Abandonment of a portion of the 35 foot wide Galaxy Way street right-of-way
running in a north-south direction for a distance of approximately 430 feet, in
conjunction with the modernization of Galaxy Elementary School.
LOCATION OF PROPERTY: NE corner of Boynton Beach Boulevard & Interstate 95
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ 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
___ HAS
___ 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 “D”
with notation “Included”.
4. The Applicant’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.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Galaxy Elementary School\ABAN 13-001\DO.doc