REVIEW COMMENTS
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-385
TO:
Jim Cherof
City Attorney
~dl
Tambri J. Heyden A?r
planning and zoni~g' Director
FROM:
DATE:
July 27, 1995
SUBJECT:
Alley Abandonment For 1009 N. Federal Highway
(f.k.a. - Williams Auto sales) File No. 619
I have received the attached correspondence from Harry Hamilton
regarding the above-referenced property. In researching the points
in Mr. Hamilton's letter, I came across the attached resolution
(91-147) that was approved on September 3, 1991, for abandonment of
an alley west of the referenced property. when the City Commission
on August 20, 1991, approved the abandonment, approval was subject
to staff comments. When the resolution for abandonment went before
the Commission on September 3, 1991, the comments were not
referenced in the resolution, and they had not been resolved. The
Palm Beach County Property Appraiser's Office does not recognize
the abandonment as being effective yet, as is evidenced by no
reflection on the tax maps of the "abandoned" area, being deeded to
1009 N. Federal Highway.
Please provide me a legal opinion as to the validity of this
abandonment. Does the applicant (actually, Mr. Hamilton was not
the original applicant as noted in his letter) need to start over
with the abandonment process, since he is still interested in
owning the alley, or as long as the conditions are met, is the
approval still valid? Is any further Commission action necessary
if approval is still valid?
TJH:arw
Attachments
xc: Carrie Parker
HI11"l.Y Hamil ton
C:J5-385.tjh
5 PE ED LETTER@
TO
FROM
Tambri Heyden
Sue Kruse
Acting Planning & Zoning Director
City Clerk
_ FOLD NQ. '} or 10
MESSAGE
Please advise if there has been any change in the status of this matter
DATE 12/15/93 SIGNED~""''''~ ~....,/).....
since the last update in July, 1993. Thank you.
REPLY
-_ fOLD fOR NO. q
-- FOLD FOR NO. 10
DATE
SIGNED
WilsonJones . Carboni... . MADE IN U.S.A
44-902 Triplicate. lfl WilsonJones, 1989
RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY
~.~-
/
/' bot' /
j 0 r-~ Cjjr-- 3S-;l./ / ;-gt(.O)-~ 3
LiD I, .Ii E', li/ (I r" i'J I', F /' C H ,~H) f :: i\1 : I,' I~;
r~,D+,I(l i);, -- il', I) 7 I] 0 II OI.l q i I) I)
, '/'1 II 0 (j I [ [I F< /\ I H Vi
\",' i') i'-I /\ h i\ (,I U i\ [! L: r:,
I'. f' UC
? 'I \1/ (:: T f i Ii,,: i\ 'i \
Ill.i
F L. F,:
I b i:
['. I., I:) C 1.1 r
Ii. ',I U ~; /.\ [, [, ::;
~:.~; (;;1 f'o T ~:::; /\ I:::. \ (~~~ r
'l,IL,! jijn,CD
E FULl [\,'
i : l'
P1 I Ii IJ
/\ \1
, /\ Z I i3 L' [)
J l~
erH
\'-if\ (:', T :\C),J
1:> c;
,,' !'
\1 (
t<:
!4 ':3
L r: I.-~
,
'..
~) [
[":.
r;,
1:
[1/\ L
i I.,
r-i/\ Be)}?
il\lC:;
L, I
P 1_., /\f L:! () Ci
I ()-; H :\ .~\ (:' r r~ I ~; T I
'):) OU 00 :,C;'f
F' L 6, T
) !~, ii'll)
IJ i' C) T
!. E
,',
f"'.
/' \'\l,/
'1' 'l i'-j i
i I I I
C~ c:! 1"1 i:~ /\ N \/
(',(Ie'l< P;\C:E ,',) UT
!+ .j ~.~ '-i f:: I: ,I CJ iJ ,i.l[)
~)1 Di ~:: ii" \,Ii i I
/\Pij 111.1 (I T
r/\,:(,/F"I
[ /\1) r
il ~;" ;' J 0
:::/\1.[ U/\TF
.j ,t\. i\l! q ,/ !.{
J " ~::) .(t 1:.'_1 F.: I () H \1 P
I) L -
\/
,
,'\1"1 r
I,'UTI [>11\'('
!.Ii,!i C
,t.\, h'i II II (,j T
.con
() I'; () (I
II. 0 ~~,i , h Ci P i)?
'\CPTi:UI. I FC
(i
r:::, T /\ l, ~ii T
i) r- 'i
i\ :,I"iT'.'
l ~:,'i '/ '1 lJ b
,I ;,..3 (';
"j ~J ::J -,
/J., L:' [:1 ./" T l:
!,! ('V'I ~) n
i\i1C'I,IIJl [".C),:,V
!"O,OC'O _ ~:,;3
r ,D.,(:; r: i,,) ('I ":
'1 (j 1 C) ()
,l\, P i H
/j () ::~ -1' lJ.. E
Di\lC i'iTC
r'l !' E
f?.\TF
\) II ~i !3 C F:
:~ eLl ! f.' 1\1.\ H
I., , I (, I. I I iF, L U C [ [
.. I -- D
i U 0 I) } 0
ii) I", ~:, r l\ I' F' I: L
n () II
F il T i\ X [ ,; C' :" I: (; II L
D :3 ,l\ C 1< -j 0 H L. Fr
(
\.:
i.1 [.. Y l' F I.) ,/ 1"1 T F ) " u [ I.) i; ~ :: )
(:'li\'l r:l H [: !\J tJ r:: ) ~;~ c) I (',Ii f:~ i\~ ~~.~ T ()I") ~::; :; I [/i. r 1\ F: ~:: / r:: /\. '1- E /' r~ 'T::,-:
1
i f'! : L
r Ii U
h: L\ [) "y'
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-385
FROM:
Jim cherof
City Attorney
~)L
Tambri J. Heyden ~..
planning and Zoning Director
llECEWED
:..-
.I. ,lIlY ArrORNEY
,;, 1f _,'
-
TO:
DATE: July 27, 1995
SUBJECT: Alley Abandonment For 1009 N. Federal Highway
(f.k.a. - Williams Auto Sales) File No. 619
I have received the attached correspondence from Harry Hamilton
regarding the above-referenced property. In researching the points
in Mr. Hamilton's letter, I came across the attached resolution
(91-147) that was approved on September 3, 1991, for abandonment of
an alley west of the referenced property. when the City Commission
on August 20, 1991, approved the abandonment, approval was subject
to staff comments. when the resolution for abandonment went before
the Commission on September 3, 1991, the comments were not
referenced in the resolution, and they had not been resolved. The
Palm Beach county Property Appraiser's office does not recognize
the abandonment as being effective yet, as is evidenced by no
reflection on the tax maps of the "abandoned" area, being deeded to
1009 N. Federal Highway.
Please provide me a legal opinion as to the validity of this
abandonment. Does the applicant (actually, Mr. Hamilton was not
the original applicant as noted in his letter) need to start over
wi th the abandonment process, since he is still interested in
owning the alley, or as long as the conditions are met, is the
approval still valid? Is any further commission action necessary
if approval is still valid?
xc: Carrie Parker
Harry Hamilton
~ .
J1 ") J ~ ,. {, p
.~ .~4 3-~, . . . ,J.~,,5,~ yl
J ~~ Je / I p r j 4J
jJ J ~ uf' (' f .t
.' \1- "t 'aJ) r ' ~ ,U u 0-' t~ ~ r
-t )+"'" 11'1 rtrl J t 1'.. r,\l
.~ ~ ) ~ I" r~, v1i ~lJ t1'
\~ !:f (vV(f l ~
,I,. ~
'1 V
I J;
~
TJH:arw
Attachments
c:95-385.tjh
da: //~~
MEMORANDUM
Utilities 91-418
TO: Sue Kruse,
City Clerk
FROM: John A. Guidry,
Director of Utilities
DATE: August 5, 1991
SUBJECT: Alley Abandonment - Williams Auto Sales
1009 N. Federal Highway - South of N.E. 10th Avenue
Lots 3 & 4, Block 1, Lake Addition To Boynton, Florida
Subdivision
Unconditional abandonment of the aforementioned alley is not
possible due to the existence of an active sanitary sewer main.
However, as discussed during the July 30. 1991, T.R.B. meeting,
an acceptable alternative is the conversion of this alley to a
utility easement subject to the removal of the structures
encroaching on this alley. Existing or proposed pavements are
not considered structures for the purpose of these easements
which will allow for better utilization of the on-site parking.
The Utility Department can approve this arrangement if it is in
the interest of the City and other Departments.
If you have any questions regarding this matter, please contact
Mr. Mike Kazunas at ext. 465.
gb
xc: Mike Kazunas
Peter Mazzella
File
Rtf, ,'''''''!If'''o--_ ..
",: . 'rr -', .. -"":r.....,............_
;', ~,.,~~/~~~. \.f,~~~_L~,
~:rA'
PLAN i\b.
\~I
T
~....._~~-----<,
~
ENGINEERING DEPARTMENT MEMORANDUM
August 6, 1991
TO: Tambri Heyden
Senior Planner
FROM: Vincent A. Finizio
Administrative Coordinator of Engineering
HE: ABANDONMENT APPLICATION SUBMITTED BY WILLIAM I S AUTO SALES
Please be advised that the following Public Utility Companies have no objections
to the requested abandonment.
1. Florida Public Utilities Company - No objection
2. Florida Power & Light Company - No objection
3. Comcast Cablevision - No objection
Southern Bell however, indicates that the property owners shall provide them a
properly recorded utility easement suitable to Southern Bell for the maintenance
of the existing Southern Bell poles and aerial cables/terminals serving this
location and the customer at 1017 N. Federal Highway. The Engineering Department
recommends that should this abandonment be granted, that it be conditioned upon
satisfying Southern Bell requirements.
I would recommend that in order to properly provide all available information
in this matter to the Planning & Zoning Board, I request that the Engineering
Department Technical Review Board comments, relative to the encroachments that
currently exist within the subject alleyway, be summarized by your department
and provided to the Planning & Zoning Board by incorporating said comments into
their backup material.
Should you require any additional information, please contact me at ext. 488.
~AL~
Vincent A. Finizio ~
VAF/ck
~;:.
t
RECEIVED_.
Hl6 is I '~'7/
PlANNiNG DEPT'! ~
r
-
cc:
J. Scott Miller, City Manager
W. Richard Staudinger, P.E., Gee & Jenson
Christopher Cutro, Director of Planning
Sue Kruse, City Clerk
Consulting Engineers
....
PLANNING DEPT. MEMORANDUM NO. 91-196
FROM:
J. ~cott Mill~7' ~~ty Manager
c~~:~~~ng Director
TO:
DATE:
August 14, 1991
SUBJECT:
Planning & Zoning Board Meeting - August 13, 1991
Please be advised that the Planning and zoning Board met on
Tuesday, August 13, 1991, and took the following action:
1. Unanimously elected an Acting Chairman, Nathan Collins, in
the absence of Mr.Rosenstock and Mr. Lehnertz.
2. After conducting a public hearing, unanimously recommended
approval of the request submitted by Horace Williams for the
abandonment of a 20 foot wide alley at 1009 North Federal
Highway, subject to proviso. The motion was made by Mrs.
Greenhouse and seconded by Mr. Howard. (PM91-197)
3. After conducting a public hearing, unanimously recommended
denial of the conditional use request submitted by Horace
Williams to establish a used car lot to be known as Williams
Auto Sales at 1009 North Federal Highway. The motion was
made by Mrs. Huckle and seconded by Mrs. Greenhouse.
(PM91-198)
4. After conducting a public hearing, recommended denial of the
request submitted by the City, in connection with the
Boynton Beach Activity Center site plan, of a variance to
section 5-138 "Scope"(a) of Article X-Parking Lots. The
motion was made by Mrs. Greenhouse and seconded by Mrs.
Huckle. The vote was 4-2 with Mr. Collins and Mr. Hinson
dissenting. The Board unanimously approved the request of
the variance to Section 5-142(h)(7) "Driveway" of Article X,
Parking Lots. The motion was made by Mrs. Huckle and
seconded by Mrs. Greenhouse. (PM91-200)
5. Unanimously recommended approval of the site plan request
submitted by the City for the Boynton Beach Activity Center;
a 6,640 square foot recreation activity center and 89 space
parking lot to replace the existing Tennis Center, subject
to proviso. The motion was made by Mrs. Greenhouse and
seconded by Mr. Howard. (PM91-201)
6. The Board approved in part and denied in part the master
plan modification submitted by Kilday and Associates for the
Shoppes of Woolbright P.C.D. as follows:
a) Denied the request for an additional driveway onto
Woolbright Road (item i1 of Planning Department
Memorandum No. 91-165). The motion was made by Mrs.
Huckle and seconded by Mrs. Stevens. The vote was 5-1
with Mr. Collins dissenting.
b) Unanimously approved the request to change the size,
number of stories and use designation of the outparcel
at the northeast corner of Woolbright Road and S.W. 8th
Street from a 4,300 square foot retail building to a
two story, 6,000 square foot bank (item #3 of Planning
Department Memorandum Mo. 91-165). The motion was made
by Mrs. Huckle and seconded by Mrs. Greenhouse.
Planning Dept. Memorandum 91-196
Page 2
c) Unanimously approved the request to add another
driveway onto S.W. 8th Street from the shopping center
and outparcels and to relocate the approved driveway
southward, subject to eliminating one of the two access
aisle connections between the outparcels and Home Depot
and relocating the remaining access aisle connection to
behind (east) outparcel 2, (items *4 and *5 of Planning
Department No. 91-165). The motion was made by Mr.
Howard and seconded by Mrs. Huckle.
The Board accepted the Planning Department's recommendation
to require the amended plans within 3 weeks of the date of
approval rather than within the time period stated in
condition *1 of Planning Department Memorandum No. 91-183.
The request to change the size and use designation of the
outparcel at the northeast corner of Woolbright Road and
S.W. 8th Street (item *2 of Planning Department Memorandum
No. 91-165) was withdrawn at the applicant's request. In
addition, the applicant is requesting an appeal to the
Planning and Zoning Board's denial of the request for an
additional driveway onto Woolbright Road-(a) above.
(PM91-206)
7. Unanimously made a finding of consistency with the
Comprehensive Plan for the amendment to Chapter 19 to
implement a new site plan review ordinance, subject to
proviso. Motion was made by Mrs. Greenhouse and seconded by
Mr. Howard. In addition, the Board requested that they
receive a copy of the revised ordinance prior to the
September 3, 1991 City Commission meeting. (PM91-202)
8. Deleted the consistency review determination of the proposed
Adminstrative Procedures Ordinance from the agenda since
this ordinance has not been completed by staff. This item
will be placed on a future Planning and Zoning Board agenda.
9. The Board tabled action with respect to the consistency
review determination of the proposed amendment to Appendix
A-Zoning, Section 11.1 of the Code of Ordinances to allow
for expansion of nonconforming structures, until the
September 10, 1991, Planning and Zoning Board meeting to
allow staff sufficient time to incorporate the changes
recommended by the Board.
10. The Board accepted the Planning Department's recommendation
to postpone the consistency review of the proposed
amendments to Appendix B-Planned Unit Developments of the
Code of Ordinances, Section 6.F - Planned Commercial
Development District and Section 7 - Planned Industrial
Development District of Appendix A-Zoning of the Code of
Ordinances to create time extensions for master plan
approvals, until the september 10, 1991 Planning and zoning
Board meeting.
11. Deleted the consistency review determination of the proposed
amendment to Appendix A-Zoning to allow towing companies in
the 00-1, Light Industrial zoning district from the agenda.
12. Unanimously made a finding of consistency with the
Comprehensive Plan for the amendment to the Zoning Code to
allow wholesale/distribution of prepackaged and prepared
meat and poultry in the C-4, General Commercial, zoning
district, subject to proviso. Motion was made by Mrs.
Greenhouse and seconded by Mr. Howard. (PM91-199)
Planning Dept. Memorandum 91-196
Page 3
13. Unanimously approved the Lawrence Lake PUD 12 month time
extension for exemption from concurrency, subject to posting
surety for the incomplete, required improvements. The
motion was made by Mrs. Stevens and seconded by Mr. Howard.
14. Unanimously recommended that the City Commission initiate a
change to the minimum frontage required by the Code of
Ordinances for service stations with or without major
repairs from 175 feet to 240 feet. The motion was made by
Mrs. Greenhouse and seconded by Mrs. Huckle. (PM91-203)
15. The Board requested a copy of the Planning Department's list
of expired site plan approvals as soon as it is completed by
the Planning Department.
TJH/jm
encls.
cc: Don Jaeger, Building Director
Mike Haag, Site Development
PM91-196.JM
PLANNING DEPT. MEMORANDUM NO. 91-197
(AGENDA MEMORANDUM)
FROM:
J. Scott Miller, City Manager
..J~D.)j xA.~~~
Christop~er ~, Planning iirector
TO:
SUBJECT:
August 14, 1991
Williams Auto Sales - Alley Abandonment
DATE:
Please place the above-referenced item on the City Commission
agenda for August 20, 1991, under Public Hearings.
DESCRIPTION: Request submitted by Horace Williams for approval
of abandonment of a 20 foot wide alley located at 1009 North
Federal Highway.
RECOMMENDATION: The Planning and Zoning Board unanimously
recommended approval of this request, subject to staff comments,
copies of which are attached.
CC/jm
PM91-197. jm
...
-~<"
PLANNING DEPARTMENT MEMORANDUM NO. 91-209
FROM:
J. Scott Miller
City Manager
~~
Christopher Cutro
Planning Director
TO:
DATE:
August 29, 1991
Abandonment of Alley at 1009 North Federal Highway
RE:
At its meeting of August 20, 1991, the City Commission agreed to
abandon the alley located at the rear of the property located at
1009 North Federal Highway, subject to the conditions that the
property owner remove an existing structure in the alley, and
dedicate a 10 foot utility easement to the City.
The attached resolution will accomplish the abandonment as
approved by the City Commission.
This item has been scheduled for City Commission review on
September 3, 1991.
CC/jm
Att.
,?1ie City of
$oynton 'Beach
~
~~~
August 21, 1991
Mr. Horace A. Williams
126 S.W. 10th Avenue
Boynton Beach, FL 33435
RE: Williams Auto Sales - File No. 619
Request for Abandonment
20 foot wide alley
Dear Mr. Williams:
Please be advised that on Tuesday, August 20, 1991, the City
Commission approved the above-referenced request for abandonment
of a 20 foot wide alley at 1009 N. Federal Highway, subject to
the following conditions, copy of which is attached:
The applicant dedicating a 20 foot easement over the width
of the alley for the purpose of maintaining the existing
City sewer main and Southern Bell facilities, the applicant
providing the City with a hold harmless agreement for the
improvements proposed by the applicant in the future
easement and the applicant demolishing that portion of the
existing building that was constructed as an addition~
The resolution will not be placed on the City Commissio~ ,agenda
for final approval until the conditions have been satisfied.
Very truly yours,
~~~
CHRISTOPHER CUTRO, AICP
Planning Director
CC: j m
Enc 1 .
cc: Technical Review Board
APPRLTR1.JM
5fmerica's (jateway to tlie (julfstream
r
-,
FROM
JUN 1 -, ,~;:)~
TO
Chris Cutro
Planning & Zoning Director
Shanuon Burkett
Deputy City Clerk
i. IIJ,-,'I - o'j' -'r~ 'I() -2/- 3!.-oo/- 003c-,
SUBJECT:
FOLD.
Res. #R9l-l47 (Horace Williams/alley abandonment)
DATE:.. ,.
6/17/93
~...h~"'m""............."....k...n.. ...~
Resolution #R9l-l47, abandoning a 20 ft. wide alley was approved at the
City Commission meeting of Sept. 3, 1991.
As you are aware, this is not to be sent for recording until the City has
proof of the granting of the easement and proof of demolition.
Would you please advise this office of the status of this matter.
Thank you.
PLEASE REPLY TO
~
SIGNED
Item # F269 Grayare, P,O, Box 2944, Hartford, CT 06104,2944
Wheeler Group, Ine, 1982
THIS COpy FOR PERSON ADDRESSED (C\.-, :f!f.P/~,'T OLU/.-'Ll :tt'>.,:x.IJi'KIL..I,..1fU,' ),
("ilL t!.ftU_i 5. I'Mt1,LTON 6")" .I1i-; J+<-