LEGAL APPROVAL
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 3, 1994
G- bIvlJ 9'1 ~tZ?
8. Proposed Resolution No. R94-171 Re: Abandoning an approximately
153.10 foot long portion of Railroad Avenue, and a 30 foot wide,
unimproved public right.-of-way, abutting the west property line
of 513 and 515 S. E. 4th Street
Attorney Cherof read Proposed Resolution No. R94-171 by title only.
Motion
Vice Mayor Matson moved to approve Proposed Resolution No. R94-171. Mayor Pro
Tern Bradley seconded the motion.
Commissioner Katz felt this would allow for an expanded use and more transient
use of this building, which he was not in favor of.
Ms. Heyden stated that several months ago, a gentleman came before the
Commission wanting to change the Code to delete the limitation on the number of
kitchens. Despite his request being denied, he wanted to pursue the site plan
approval. The site plan approval is for a motel/apartment complex. However,
because of the Code requirement, he still is only limited to a certain number of
kitchens.
Commissioner Katz asked what this abandonment will allow him to expand to.
Ms. Heyden advised that he needs the City to abandon this property to meet his
parking and setback requirements.
Commissioner Katz did not think we should abandon property and, in this case, to
encourage what might be a use that we might not be comfortable with in the
future.
Ms. Heyden said it is only a 30 foot wide right-of-way, which the City cannot
use. In addition, we have been trying to put t~gether a city-wide application
to abandon a lot of these alleys and rights-Qf-way.
In response to Commissioner Aguila, Ms. Heyden said the owner has turned in his
site plan application and received staff's comments. Since the use was changed,
the setback requirements changed. In order to meet the Code requirements to
resubmit, he needed to file this application. Therefore, if this does not get
approved, she doubted he would pursue the application. If he only got fifteen
feet, she did not know whether or not he would be able to meet staff comments.
Mayor Hanmening asked if staff recommended abandonment to put the property on
the tax rolls. City Manager Parker advised that this abandonment would also
eliminate the City's maintenance obligation.
Mayor Hanmening has never been in favor of abandoning City property, unless
there is an extremely good reason for doing so. He stated that from time to
time, we need rights-of-way to put in utilities. In addition, he was never in
favor of abandoning all the alleys and rights-of-way.
The motion carried 3-2. Mayor Hanmening and Commission,r Katz cast the
dissenting votes.
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RESOLUTION NO. 1:....;4-/7/
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A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
-h1!~ONING AN APPROXIMATE 153.10 FOOT
WIDE;--UNIMPROVED PUBLIC RIGHT-OF-WAY,
ABUTTING THE WEST PROPERTY LINE OF 513
AND 515 S.E. 4TH STREET; SAID PROPERTY
BEING MORE PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID UTILITY
EASEMENT; PROVIDING THAT THE ATTACHED
DISCLAIMER BE RECORDED IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
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I WHEREAS, the applicant, 3urton Metsch, is requesting
I abandonment of an approximate 153.10 foot long portion of
I Railroad Avenue, a 30 foot wide, unimproved public right-of-
I way, abutting the west property line of 513 and 515 S.E. 4th
Street, in connection with a near future, site plan approval
for a motel apartment project;
WHEREAS, comments have been solicited from the
appropriate City Departments; and
WHEREAS, public hearings have been held before the City'S
Planning and zoning Board and the City Commission on the
proposed abandonment; and
WHEREAS, based on the foregoing information, the said
right-of-way no longer serves any useful purpose.
NOW, 'l'BBRBI'ORB, BB IT RBSOLVBD BY THB CITY COIIMISSION 01'
THB CITY 01' BOYN'l'ON BEACH, '.I'LORIDA, THAT:
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Section I. The City commission of the City of Boynton
Beach, Florida by and through its City Commission does hereby
abandon an approximate 153.10 foot long portion of Railroad
Avenue, a 30 foot wide, unimproved public right-of-way,
abutting the west property line of 513 and 515 S. E. 4th
Stree~, in the City of Boynton Beach, Florida and more
particularly described in Exhibit "AM attached hereto.
Section 2. The Mayor and City Clerk are hereby
authorized and directed to execute and deliver the attached
Disclaimer and cause the same to be filed in the Public
Records of Palm Beach County, Florida.
Section 3. That this Resolution
effective immediately upon passage.
shall
become
PASSED AND ADOPTED this ~
day of October, 1994.
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CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
=(7a~~~.a~~
Cit? Clerk
Mayor
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NOV 23111
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PLANNING ANO
ZONING OEPl
UHB 8462 Ps 30B
EXHIBIT~
A portion of Railroad Avenue, lying adjacent
to a portion of Lot 9 and Lot 10, Block 8,
PENCE SUBDIVISON NO. I, a Subdivision as
recorded in Plat Book I, Page 33, in the
Public Records of Palm Beach County, Florida
and more particularly described as follows:
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Beginning at the Northwest corner of Lot 9,
Block 8, PENCE SUBDIVISON NO.1: thence run
Westerly along the projection of the North
line of said Lot 9, a distance of 30.31 feet
to a point on the Easterly Right-ofway line
of teh F.E.C. Railroad; thence run Southerly
along said Easterly Right-of-way line with
an angle of 98 degrees 12;47" measured
clockwise from the last described course, a
distance of 153.10 feet to a point, being a
proj ection of the South line of Lot 10,
Block 8, PENCE SUBDIVISION NO.1; thence run
Easterly along said proj ected South line
with an angle of 81 degrees 46'54., measured
clckwise from the last described course, a
distance of 30.31 feet to the Southwest
corner of said Lot 10; thence run Northerly
along the Westerly line of said Lots 9 and
10 with an angle of 98 degrees 13 I 06",
measured clockwise from the last described
course, a distance of i53.10 feet to the
Point of Beginning.
And containing 4593 S.F., 0.11 Acres, more
or less.
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uttS ti462 P9 308-~
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DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton
Beach, Florida, a municipal corporation, under the laws of the
State of Florida, does hereby abandon and disclaim an
approximate 153.10 foot long portion of Railroad Avenue, a 30
foot wide, unimproved public right-of-way, abutting the west
property line of 513 and 515 S.E. 4th Street, situated and
;i located in Palm Beach County, Florida, attached hereto as
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Exhibit
"A" .
IN WITNESS WHEREOP, the duly authorized officers of the
City of Boynton Beach, Florida, have hereunto set their hands
and affixed the seal of the City this ~ day of October,
1994.
ATTEST:
Mayo
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I Su nne Kruse, City Clerk
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STATE OF FLORIDA
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COUNTY OF PALM BEACH
BBPORE MB, the undersigned authority, personally appeared
EDWARD HARMENING and SUZANNE KRUSE, Mayor and City Clerk
respectively, of the City of Boynton Beach, Florida, known to
me to be the persons described in and who executed the
foregoing instrument, and acknowledged the execution thereof
to be their free hand and deed as such officers, for the uses
and purposes mentioned therein; that they affixed thereto the
official seal of said corporation; and that said instrument is
the act and deed of said corporation.
,1 WITNESS my hand and official seal in the said State and
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,I County this day of October, 1994.
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o ARY PUBLIC, State of Florida
'i My Commission Expires:
EXHIBIT
iRS' 84 . "-:-. Do -Y-O
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~ DOR\. N H. WIL~IN, CLERK PB i:o\"~~r
A portion of Railroad Avenue, lying adjacent
to a portion of Lot 9 and Lot 10, Block 8,
PENCE SUBDIVISON NO.1, a Subdivision as
recorded in Plat Book 1, Page 33, in the
Public Records of Palm Beach County, Florida
and more particularly described as follows:
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Beginning at the Northwest corner of Lot 9,
Block 8, PENCE SUBDIVISON NO.1: thence run
Westerly along the projection of the North
line of said Lot 9, a distance of 30.31 feet
to a point on the Easterly Right-ofway line
of teh F.E.C. Railroad; thence run Southerly
along said Easterly Right-of-way line with
an angle of 98 degrees 12;47M measured
clockwise from the last described course, a
distance of 153.10 feet to a point, being a
proj ection of the South line of Lot 10,
Block 8, PENCE SUBDIVISION NO.1; thence run
Easterly along said proj ected South line
with an angle of 81 degrees 46'54", measured
clckwise from the last described course, a
distance of 30.31 feet to the Southwest
corner of said Lot 10; thence run Northerly
along the Westerly line of said Lots 9 and
10 with an angle of 98 degrees 13' 06 M ,
measured clockwise from the last described
course, a distance of 153.10 feet to the
Point of Beginning.
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And containing 4593 S.F., 0.11 Acres, more
or less.
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.IRS 8462 P'3 310
111....111111111.11111
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton
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Beach, Florida, a municipal corporation, under the laws of the
I,! State
of
Florida,
does
hereby abandon and disclaim an
approximate 153.10 foot long portion of Railroad Avenue, a 30
foot wide, unimproved public right-of-way, abutting the west
property line of 513 and 515 S.E. 4th Street, situated and
: I located in Palm Beach County,
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Florida,
attached hereto as
Exhibit
"A".
IN WITNESS WHEREOF# the duly authorized officers of the
City of Boynton Beach, Florida, have hereunto set their hands
and affixed the seal of the City this ~ day of October,
1994.
ATTEST:
~~,-
Su nne Kruse, C1ty Clerk
Mayo
STATE OF FLORIDA
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COUNTY OF PALM BEACH
BEFORE MB, the undersigned authority, personally appeared
EDWARD HARMENING and SUZANNE KRUSE, Mayor and City Clerk
respectively, of the City of Boynton Beach, Florida, known to
me to be the persons described in and who executed the
foregoing instrument, and acknowledged the execution thereof
to be their free hand and deed as such officers, for the uses
and purposes mentioned therein; that they affixed thereto the
official seal of said corporation; and that said instrument is
the act and deed of said corporation.
WITNESS my hand and official seal in the said State and
County this 1
day of October, 1994.
My Commission Expires:
PUBLIC, State of Florida
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EXHIBIT "A"
iRB 8462 Ps 311
DOROTHY H. WILKEN, CLERK PB COIjNT'
A portion of Railroad Avenue, lying adjacent
to a portion of Lot 9 and Lot 10, Block 8,
PENCE SUBDIVISON NO.1, a Subdivision as
recorded in Plat Book 1, Page 33, in the
Public Records of Palm Beach County, Florida
and more particularly described as follows:
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Beginning at the Nortnwest corner of Lot 9,
Block 8, PENCE SUBDIVISON NO.1: thence run
Westerly along the projection of the North
line of said Lot 9, a distance of 30.31 feet
to a point on the Easterly Right-ofway line
of teh F.E.C. Railroad; thence run Southerly
along said Easterly Right-of-way line wIth
an angle of 98 degrees 12;47" measured
clockwise from the last described course, a
distance of 153.10 feet to a point, being a
proj ection of the South line of Lot 10,
Block 8, PENCE SUBDIVISION NO.1; thence run
Easterly along said proj ected South line
with an angle of 81 degrees 46'54", measured
clckwise from the last described course, a
distance of 30.31 feet to the Southwest
corner of said Lot 10; thence run Northerly
along the Westerly line of said Lots 9 and
10 with an angle of 98 degrees 13 I 06" ,
measured clockwise from the last described
course, a distance of 153.10 feet to the
Point of Beginning.
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And containing 4593 S.F., 0.11 Acres, more
or less.
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MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
JUNE 14. 1994
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Description: Request to abandon a portion of a special purpose
utility easement located at the southwest corner of
Cucols Restaurant.
Mr. Haag used the overhead projector to point out the location of the special
purpose utility easement. He stated that due to the deletion of the double
detector check valve assembly at Cuco's Restaurant, this portion of the utility
easement is no longer needed.
The Engineering Department is waiting for a response from the utility companies
regarding whether or not there is any concern with the abandonment of this ease-
ment. The Engineering Department, in its Memorandum No. 94-169, recommends that
this matter be approved subject to the applicant adhering to the conditions
received from the utility companies. Mr. Haag stated that this will all take
place prior to approval of the resolution.
Since no one in the audience wished to speak on this matter, Chainman Lehnertz
declared the public hearing closed.
Motion
Mr. Weigle moved to approve the request of Boynton Lakes Plaza to abandon the
special purpose utility easement, subject to all staff comments. Mr. Gram
seconded the motion, which carried 6-0.
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Description:
Railroad Avenue
Burton MItsch
City of Boynton Beach
East of the F.E.C. Railroad, west of 513-515 S. E.
4th Street and approximately 100 feet north of S. E.
5th Avenue
Request to abandon the portion of Railroad Avenue
that abuts 513-515 S. E. 4th Street
7.
Project Name:
Applicant:
Owner:
Location:
Mr. Haag used the overhead projector to point out the location of the portion of
the right-of-way requested to be abandoned. He stated that residential property
is located north and south of this abandonment. Railroad tracks are located on
the west side. The applicant presently has a site plan in review to develop a
portion of the property. Through the site plan review process, the project got
very tight along that western property line. Therefore, he is seeking an aban-
donment to relieve some problems for traffic flow on this site plan. Pursuant
to Engineering Department Memorandum No. 94-167, the utilities companies have
not yet responded. The Engineering Department recommends approval, subject to
the applicant adhering to the conditions received from the utility companies.
Since no one in the audience wished to speak on this matter, Chainman Lehnertz
declared the public hearing closed.
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MINUTES - PLANNING # DEVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORI~"
JUNE 14. 1994
Motion
Vice Chainman Dube moved to accept the abandonment of the property on Railroad
Avenue located east of the FEe Railroad, west of 513-515 S. E. 4th Street,
approximately 100 feet north of S. E. 5th Avenue, subject to all staff comments.
Mr. Winters seconded the motion, which carried 6-0.
Conditional Use
St. Joseph's Ep1scopal Church and School
James A. Ballerano, Jr.
St. Joseph's Episcopal Church and School
3300 South Seacrest Boulevard
Request for Conditional Use approval of an expansion
to include a new gymnasium and classroom building.
Mr. Haag used the overhead projector to display the site plan. He stated that
the abutting land uses are basically all residential. He reviewed some of the
standards for evaluating a conditional ~se. He stated that in evaluating this
application, the Board should considef the effect of the proposed use on the
general health, safety and welfare of the community.
8.
Project Name:
Agent:
Owner:
Location:
Description:
There are two ingresses and egresses to the site. There is a two-way driveway
entrance to the site on Seacrest Boulevard. It travels through the site to
Swinton Avenue, where there is an ingress and egress. Both of those are two-
way. The site is well open for vehicle movement for f1re safety reasons as
well.
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Mr. Haag pointed out the off-street parking on the overlay. The proposed
request is to add a gymnasium and a school building. There was a shared parking
study for this project to make sure there were enough parking spaces to accom-
modate all the uses. The parking stUdy indicated that the peak parking demand
will occur during use of the gymnasium. Therefore, this project is required to
have 133 parking spaces. The plan indicates 133 parking spaces; however, there
is a problem with the parking. In one area, some of the parking spaces were
added to the site sometime since the previous approval 1n 1988. In another
area, there are only 19 parking spaces, but the 1988 plan indicates 30 parking
spaces.
Three parking spaces interfere with the proposed dumpster 10cat10n and must be
moved to accommodate the turning radius of the dumpster truck, or the dumpster
enclosure must be located in another area of the s1te.
Mr. Haag advised that the applicant is requesting a landscape variance for a
portion of the required vehicle use area screening.
Mr. Haag advised that a Board of Adjustment variance is being requested for an
additional six feet in building height 1n connection with the new gymnasium and
is scheduled to be heard on June 20, 1994.
The Public Works Department is concerned about the parking. spaces by the
dumpster enclosure. The Utilities Department believes the utility plan will
- 14 -
RESOLUTION NO. R94-
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A RESOLUTION OF THE CITY COMM:ISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ABANDONING AN APPROXIMATE 153.10 FOOT
LONG PORTION OF RAILROAD AVENUE, A 30
FOOT WIDE, UNIMPROVED PUBLIC RIGHT-OF-
WAY, ABUTTING THE WEST PROPERTY LINE OF
513 AND 515 S.E. 4TH STREET; SAID
PROPERTY BEING MORE PARTICULARLY
DESCRIBED HEREIN; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A DISCLAIMER
FOR SAID UTILITY EASEMENT; PROVIDING THAT
THE ATTACHED DISCLAIMER BE RECORDED IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
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i WHEREAS, comments have been solicited from the appropriate
II City Departments; and
I, WHEREAS, public hearings have been held before the City's
II Planning and Zoning Board and the City Commission on the
II proposed abandonment; and
II WHEREAS, based on the foregoing information, the said
II easement no longer serves any useful purpose.
Iii NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
II Section 1. The City Commission of the City of Boynton
I Beach, Florida by and through its City Commission does hereby
I abandon an approximate 153.10 foot long portion of Railroad
I Avenue, a 30 foot wide, unimproved public right-of-way, abutting
I the west properly line of 513 and 515 S.E. 4th Street, in the
City of Boynton Beach, Florida and more particularly described
i in Exhibi t II A 11 attached hereto.
I Section 2. The Mayor and City Clerk are hereby
I authorized and directed to execute and deliver the attached
Disclaimer and cause the same to be filed in the Public Records
I of Palm Beach County, Florida.
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WHEREAS, the applicant, Burton Metsch is requesting
abandonment of an approximate 153.10 foot long portion of
Railroad Avenue, a 30 foot wide, unimproved public right-of-way,
abutting the west property line of 513 and 515 S.E. 4th Street,
in connection with a near future, site plan approval for a motel
apartment project;and
Section 3. That this Resolution shall become effective
immediately upon passage. ~
PASSED AND ADOPTED this ~ay of ~ 1994.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tern
Commissioner
Commissioner
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Commissioner
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton
Beach, Florida, a municipal corporation, under the laws of the
II State of Florida, does hereby abandon and disclaim an
Ii approximate 153.10 foot long portion of Railroad Avenue, a 30
II foot wide, unimproved public right-of-way, abutting the west
,I properly line of513 and 515 S.E. 4th Street, situated and
Ij located ln Palm Beach County, Florida, attached hereto as
il Exhibit "A".
[I IN WITNESS WHEREOF. the duly authorized officers of the
11 City of Boynton Beach, Florida, have hereunto set their hands
II and affixed the seal of the City this ____ day of July, 1994.
II ATTEST: CITY OF BOYNTON BEACH, FLORIDA
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II Suzanne Kruse, City Clerk
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I STATE OF FLORIDA
I COUNTY OF PALM BEACH
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II BEFORE ME, the undersigned authority, personally appeared
II EDWARD HARMENING and SUZANNE KRUSE, Mayor and City Clerk
II respectively, of the City of Boynton Beach, Florida, known to me
II to be the persons described in and who executed the foregoing
i!
I instrument, and acknowledged the execution thereof to be their
i free hand and deed as such officers, for the uses and purposes
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II mentioned therein; that they affixed thereto the official seal
11 of said corporation; and that said instrument is the act and
'I deed of said corporation.
I WITNESS my~nd and official seal in the said State and
i County this -:;;:.-
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Edward Harmening, Mayor
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day O~1994.
NOTARY PUBLIC, State of Florida
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EXHIBIT "A"
A portion of Railroad Avenue, lying adjacent
to a portion of Lot 9 and Lot 10, Block 8,
PENCE SUBDIVISION NO.1, a Subdivision as
recorded in Plat Book 1, Page 33, in the
Public Records of Palm Beach County, Florida
and more particularly described as follows:
Beginning at the Northwest corner of Lot 9,
Block 8, PENCE SUBDIVISON NO.1: thence run
Westerly along the projection of the North
line of said Lot 9, a distance of 30.31 feet
to a point on the Easterly Right-ofway line
of the F.E.C. Railroadi thence run Southerly
along said Easterly Right-of-way line with
an angle of 98 degrees 12i47" measured
clockwise from the last described course, a
distance of 153.10 feet to a point, being a
proj ection of the South line of Lot 10,
Block 8, PENCE SUBDIVISION NO. 1i thence run
Easterly along said proj ected South line
with an angle of 81 degrees 46'54", measured
clockwise from the last described course, a
distance of 30.31 feet to the Southwest
corner of said Lot 10i thence run Northerly
along the Westerly line of said Lots 9 and
10 with an angle of 98 degrees 13'06",
measured clockwise from the last described
course, a distance of 153.10 feet to the
Point of Beginning.
And containing 4593 S.F., 0.11 Acres, more
or less.
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