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CORRESPONDENCE rrIie City of '.Boynton '.Beacn 100 'E. 'Boynton 'Beam 'Boulevartf P,O. 'Bo~31O 'Boynton 'Buuli, iJforitla 33425-0310 City 1fa[[: (407) 375-6000 iJJU: (407) 375-6090 September 21, 1995 To: Mr. Harold Blanchette 905 Mission Hill Road Boynton Beach, Florida 33436 RE: Gulfstream Lumber Company - File No. COUS 95-005 Acceptance - Conditional Use Application & Submittal Documents Dear Mr. Blanchette: On September 20, 1995, your submittal for Site Plan Review of the above-referenced project was reviewed for completeness. It has been determined that the submlttal is substantially complete and accepted for further processing. A Planning and Zoning Department staff member will be responsible for the review and coordination of your site plan through the remainder of the Site Plan Review process. The next step in the review process is for the Technical Review Committee to review the submittal for compliance with the review standards identified in Part III~ Land Development Regulations, Chapter 4, Site Plan Review, Section 8 and all applicable sections of the Boynton Beach Code of Ordlnances. The results of the review will be available to you on October 11-,-1995. If I can be of further assistance, please do not hesitate to contact me at (407) 375-6260. Very truly yours, Tarnbri J. Heyden planning and Zoning Director TJH:brne a;l&tAcptLtr.~ul J'tnunca s (jateway to t~ quifstream .~ .... if} NAIUNG ADDIESS P.O. BOX 910 BOYNTON BEACH. PI.OlJDA 33om-91G TElEPHONE: -607-73<&-2424 TEUCOPIEl: -607-734-2497 GENE MOORE LAWYEl 'JURIS DOC1OR" IX. NEW BUSINESS B cc: Plan Dev 9 EXECUTtYE STAPP An!NI V. NAISH BAUAlA A. lANTA DEBORAH N. AIJHOUSE SUSAN S'IEWAn ANDRIA HA1lfCOCK November 4, 1994 Carrie Parker, City Manager City of Boynton Beach Boynton Beach City Hall Boynton Beach, FL 33435 Re: Application of Gulf stream Lumber Company for abandonment S.E. 2nd street Dear Carrie; My office represents Gulf stream Lumber Company in connection with the above application. It is my understanding that the City Commission has rejected the application on a 3-2 vote, despite. the fact that Staff unanimously recommended approval. Aside from the fact that the Applicant desires to attain better security for its lumber company through the abandonment, it will also serve to assist the company in keeping the abandoned area free of debris and littering. My client now owns all property abutting the requested. abandoned area, and no other private property rights are involved. In addition, if abandoned, the area will return 15,000 square feet to the tax roll, and all public utility rights will be preserved. I request that this matter be placed on the earliest Commission agenda for reconsideration, at which time I will personally appear on behalf of my client. I will await your advice. cc: Gulf Stream L yours, Moore GM/avm ~ ~~:'" , \ ' 'c. 1'\ ._ @ {(..'~ ~1.Jt.,; \ .. ,~\ 1'1 .~.. 0:; \Io1_.L1...-.- .' ; '\'l\\~ " ~.~ \. .', , " 'R ,'\ "{ \ " ,~ 't r. \ . .~~ . . \\ \l ".. I (" MINUTES - PLAN~ AND DEVELOPMENT BOARD MEETI~ BOYNTON BEACil. FLORIDA OCTOBER 11, 1994 S. E. 2nd Street Dennis Vlassis City of Boynton Beach South of S. E. 12th Avenue. approximately 600 feet north of Woolbright Road Request to abandon 300 feet of S. E. 2nd Street. south of S. E. 12th Avenue Mr. Haag advised that this is an abandonment for S. E. 2nd Street. which is a City street. He used an overhead projector to point out its location. Gulfstsream Lumber Company owns pieces of property around S. E. 2nd Street. 'They do not own the piece of property that fronts on S. E. 12th Avenue. The dedication of the street came about when this area was platted. It was fonmerly called Ronald Street. All the properties that abut S. E. 2nd Street. as well as Gulfstream Lumber Company. are in the C-3 zoning district. Since Gulfstream Lumber Company owns all of the property that abuts it. the need of it being a street to accommodate frontage for property is not needed anymore. Abandonment 1. Project Name: Agent: OWner: Location: Description: The Engineering Department sent out the request for the abandonment to all out- side utility companies (Florida Power and Light. Southern Bell. the gas company, and the cable company). The cable company does not have any objection to the abandonment. The City utility company requested that an easement be placed within this abandonment area. Staff has not yet received a response from the other outside utility companies. Staff believes they would not object to the abandonment. However. staff believes Southern Bell. Florida Power and Light, and the gas company would want an easement there because there are poles along the west side of the street. Staff recommends approval of the abandonment. subject to the utility easement by the City utility company. plus whatever requirements will be placed upon this abandonment by Florida Power and Light, Southern Bell. and the gas company. The Planning and Zoning Department is concerned that if the street is abandoned, the property will become a vehicle use area. Therefore. perimeter landscaping is required. In addition. if this property is going to become part of the operation of the lumber company. it would have to go back through conditional use approval. Mr. Rosenstock had no objection to this request. as long as something is deline- ated in an agreement. in perpetuity, that at no time will this property be covered by anything. In addition. he wanted something in writing from Southern Bell. Florida Power and Light. and Flo-Gas, stating that they do not have anything in that area. Mr. Rosenstock was concerned about the City having access to this property at all times. City Attorney Cherof stated that it may be premature to approve this abandonment with these conditions not reduced to writing and reviewed. He suggested the Board consider tabling this matter if they agree to those conditions. - 3 - (- MINUTES - PLANNING AND AVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA OCTOBER 11, 1994 Mr. Haag pointed out that the street cannot be abandoned until the City Commission signs a resolution. Chainman Lehnertz noticed 'from the backup material, that the applicant would like to gate this area in the future for security purposes. Mr. Rosenstock said it would have to be the type of gate that the City can get through. Mr. Haag stated that this would have to be reviewed by the City. From Chainman Lehnertz' understanding of the Planning and Zoning Department memo, nothing can be done with this area in tenms of vehicle storage or lumber storage, etc., unless the applicant returns to this Board and the City Commission to change the conditional use. Therefore, they cannot put anything there and they cannot use this as an extension of their lumber yard. Mr. Haag 'confi nmed thi s statement. Mr. Rosenstock said he has seen too many Codes change, too many things forgot- ten, and too much fall by the wayside without being checked upon. He said the City would not have to worry about a change in the future if it has a written agreement. Vice Chainman Oube stated that the water main serves no one but Gulfstream Lumber. Therefore, if the City does not have access to the valve to shut off the water main, only Gulfstream Lumber would suffer. Mr. Rosenstock pointed out that if the water main ruptures, it will hurt the City unless it is shut off. Dennis Vlass1s, the Chief Operating Officer of Gulfstream Lumber Company, understands that Gulfstream Lumber Company has to allow easements and would have to apply for a penm1t to put a gate on the property. They are open~1nded and are willing to do whatever the City requires. Mr. Rosenstock asked Mr. Vlass1s if he would be amenable to the following con- ditions of approval: 1. That he will not build on the property in perpetuity; 2. That City vehicles have access at all times; and , 3. That the City receives something in writing saying that Flo-Gas, Florida Power and Light, and Southern Bell do not need easements. Chainman Lehnertz added that if Florida Power and Light, Flo-Gas, or Southern Bell need easements along there, those easements would be approved. In response to Mr. Vlass1s, City Attorney Cherof clarified that if he agrees to these additional conditions, in addition to recording the abandonment document, there would also be recorded some type of restrictive covenants on the property, contemporaneously. Mr. Rosenstock asked Mr. Vlass1s if he has vehicles from the outside going through that area at the present time. Mr. Vlass1s advised that it is only used by his staff for parking their vehicles. - 4 - ( r MINUTES - P~~ AND DEVELOPMENT BOARD MEETI~ BOYNTON BEA~, flORIDA OCTOBER II, 1994 Mr. Rosenstock asked him if people trespass there. Mr. Vlassis answered affirm- atively. Mr. Rosenstock asked how he is going to handle that once he gets the property. Mr. V1assis said he would like to ultimately gate it for security purposes. He is willing to abide by any guidelines the City requires. Mr. Rosenstock did not know how he could do this while still giving access to City vehicles. Motion Mr. Rosenstock moved to allow them to have this easement pending his recommen- dations. Mr. Vlassis confinmed for Mr. Weigle that he would ultimately like to fence the entire property off. Guard dogs are released on the entire property. Mr. Weigle felt it would be very hard to maintain this type of security, which he felt Gulfstream Lumber needs, without fencing it all off. Mr. V1assis said some of the security Gulfstream Lumber wants to maintain has nothing to do with outside people. It has to do with their employees. There are a number of employees that work in a very sensitive area and there are a number of ways to get in and out of the company, which is very hard for Gulfstream Lumber to moni- tor during working hours. Mr. Weigle pointed out that there are sewer mains and water supplies going back into the main shed, which is gated off, and there has not been a problem. Mr. Rosenstock stated that any facility, including private homes, all have cutoffs from the ~treet. Mr. Weigle stated that if the meter is in back of the property, the cutoff is going to be back there, and access to the property may be needed. Chainman Lehnertz opened the Public Hearing. Ji. Warnke, 617 Lakeside Harbor, stated that he is not opposed or in favor of this abandonment. He Just wanted to point out that on September 17, 1985, the City Council denied a request for the expansion of Gulfstream Lumber due to opposition from the neighbors. He hoped that if the City does convey the street over, that it gets a fair and appraised price for it from the applicant. No one else wishing to speak on this matter, Chainman Lehnertz declared the publiC hearing closed. Mr. Rosenstock's motion died for lack of a second. Motion Mr. Golden moved to recommend to the City Commission to approve the request sub- mitted by Dennis Vlassis of Gulfstream Lumber for the abandonment of 300 feet of S. E. 2nd Street, south of S. E. 12th Avenue, subject to staff comments. Vice Chainman Dube seconded the motion. - 5 - ( MINUTES - PLANNING AND '-'VELOPMENT BOARD MEETING BOYNTON BEACtir. FLORIDA OCTOBER 11, 1994 Mr. Rosenstock asked if the Board is going to forward this to the City Commission not knowing whether there are easements there are not, and whether the street is going to be closed off. Chainman Lehnertz pointed out that staff comments state that any easements required will be put into place prior to the transfer of this property. Mr. Rosen$tock asked what guaranties there are that Gulfstream Lumber will not put somethfng on top of those easements. Ms. Heyden said that unless there is no stipulation, they could store material there. With regard to a fence or gate, she advised that Utilities will not sign off on a permit if they cannot obtain proper access. Mr. Golden asked if the zoning in this area penmits storage. Ms. Heyden assumed that storage of materials is allowed in connection with the existing use. Chainman Lehnertz stated that according to Mr. Haag's memo, MIf the newly acquired property is to be used for an expansion of the lumber company business, conditional use approval will be required.- Mr. Rosenstock stated that storage is not the same as expansion. Chainman Lehnertz asked City Attorney Cherof if it would be considered an expan- sion of the business if Gulfstream Lumber used this abandoned property for storage of lumber or work trucks. City Attorney Cherof answered aff1nmat1vely. In response to Mr. Rosenstock, he said expansion means either intensification or actual phy1scal expansion when considered in the context of a conditional use. A roll call vote was polled by the Recording Secretary. The motion carried 6-1. Mr. Rosenstock cast the dissenting vote. B. Subdivisions Master Plan Modification Boynton Nurseries PUG Kilday and Associates Boynton Nurseries Lawrence Road and L.W.D.D. L-21 Canal; northwest corner Request for approval of an amended master plan showing a reduction in number of units from 400 to 374. change in type of units from 162 single-family units on 6,000 square foot lots and 238 multi-family units to 233 -Z- units on 4.000 square foot lots and 143 zero lot line units on 5.000 square foot lots, establishment of lot layout and setbacks, altered pod size and access points. change in buffer and road widths and their ownership. revised location and size of preserve and drainage areas and modified utilities and landscape plans Ms. Heyden stated that Kilday and Associates is requesting approval to modify the 1990 approved master plan for the Boynton Nurseries PUD. This PUD is to be 1. Project Name: Agent: Owner: Location: Description: - 6 - MINUTE~ - K~\I-'uvt I..~ I' I.U'liU~~J.UH MtErLHG BOYNTON BEACH. FLORIDA OCTOBER 18, 199( -.... ..., year, acthf Lottie Pierce passed away. She was a r~red school teacher who taught at Poinc a Elementary School. She worked a~he Community Caring Center, and the Bo ton Beach Voters' League. She/was a member of the NAACP, the Community Action neil, a Board member of ~~e Boynton Beach Child Care Center, a Community Re1a ~s Board member, a~.'a member of the Poinciana PTA. Ms. Pierce amassed numerous~ards. Vice ~10r Matson felt her memory could be cherished by naming a Citizensh;~ward.Jn' her honor. "- Vice Mayor Matson expressed pride warding the 1993/94 Lottie Pierce Citizenship Award to Joy Currier For~~e past two years, Ms. Currier has run the Bulldogs concessions, wor B on distr~uting and organizing the CPO Christmas Party for childre in the City, w~~d on the Holiday Party for senior citizens at Wilson Center helped with 1unches~~r seniors at Boa~ Club Park, worked on the Gun Buy-B k Program, is a member 0 the Community Relations Board, the North Boyn n Beach Task Force, helped 0 nize the CPO Easter Egg Hunt, helped Vice M or Matson organize the Hurricane rew relief and helps distribute food f the S.H.A.R.E. Program. She is now a ting to get spon- sors to bring c dy to the children at the Halloween bash at ester Center. Vice Mayor Mat on feels fortunate to have worked on many of these projects with Ms. Currier and to consider her a friend. She is a treasure and should be emu- lated by other citizens. Ms. Currier said volunteers are important, and urged them to come forward. V. 81DS: None V I . PUBLIC HEMING: S.E. 2nd St....t Dennis Vlassis City of Boynton Beach South of S.E. 12th Avenue, approximately 600 feet north of Woolbright Road AIANDONMENT: Request to abandon 300 feet of S.E. 2nd Street, south of S.E. 12th Avenue MAYOR HARMENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS PETITION. A. Project Name: Agent: Own.er: Location: Description: Tambri Heyden, Planning and Zoning Director, said the City has heard from all utility companies. Only the City and FPL have need for an easement. Mayor Hanmening advised that in 1980, a request was made for the abandonment and all of the neighbors were opposed to the petition. They returned again in 1985, and the neighbors were still opposed to the abandonment. Mayor Hanmen1ng is opposed to giving away 300' of the City's street. The City may need the street at some pOint in the future. He will not support the abandonment. Commissioner Aguila referred to Utilities Department Memorandum No. 94-314 wherein Mr. Guidry refers to a 2M water main. Ms. Heyden confinmed that that water main serves only Gulfstream lumber, and comes from the north to the south. With regard to the shutoff valve, Commissioner Aguila realized that a shutoff valve can be tapped into the line at SE 12th Avenue. - 8 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA OCTOBER 18. 1994" Comnissioner Aguila pointed out that the lot on the northwest corner has access from SE 12th Avenue. He questioned whether or not half of the 60' which abuts their property will go to that property owner. Ms. Heyden responded aff1nma- tively, and advised that Gulfstream Lumber could then approach them about buying it. Comnissioner Aguila believes Gulfstream Lumber has a weakness in their security system. However, he does not have a problem with this request as long as the water service can be tapped and the service extended down to 12th. Comniss1oner Katz said he is philosophically against abandoning such a large piece of property. He also feels it is not the City's responsibility to make Gulfstream's property secure. If they have problems with security, they should invest the money to take care of the situation. Commissioner Katz will not sup- port this abandonment. Mayor Pro Tem Bradley questioned whether there is a problem with illegal dumping on this site. Ms. Heyden did not have information with regard to illegal dumping. She said Gulfstream parks its vehicles in this area. Mayor Hanmen1ng said he read somewhere that Gulfstream feels by owning this property, their security would be enhanced. He feels Gulfstream needs to control where their employees are parking. Vice Mayor Matson referred to Planning and Zoning Department Memorandum No. 94-293 wherein Ms. Heyden refers to illegal dumping and securing the property. She asked if anyone has investigated the claim of illegal dumping. Ms. Heyden said she has visited the property, and during that visit, there was no dumping; however, that situation can change daily. Mayor Hanmen1ng does not feel the correct way to control illegal dumping is for the ,City to give away property. Motton Commissioner Katz moved to deny the abandonment. Vice Mayor Matson seconded the motion, which carried 5-0. VII. PUlL A. None None VIII. B. NON- EMT AGENDA - Not Unantmously ~ Development - 9 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, F' '~UDA ...... 1. Project Name: Agent: OWner: Location: OCTOBER 18, 1994 ...., Boynton Nurseries PUD Kilday and Associates Boynton Nurseries Lawrence Road and L.W.D.D. L-21 Canal; northwest corner MASTER PlAN MODIFICATION: Reconsider request for approval of an amended master plan showing a reduction in number of units from 400 to 374, change in type of units from 162 s1ngle-famlly units on 6,000 square foot lots and 238 multi- family units to 233 .Z. units on 4,000 square foot lots, and 143 zero-lot line units on 5,000 square foot lots, establishment of lot layout and setbacks, altered pod size and access points, change in buffer and road widths and their ownership, revised location and size of preserve and drainage areas and modified utili- ties and landscape plans. Tambri Heyden made the presentation. She reminded the Commission that when this application came before them previously, they voted 4-1 that the changes requested were not substantial in nature and passed onto the Planning and Devel- opment Board some guidelines to assist them in their detenmination which involved certain Planning and Zoning Department comments. Description: When this application went before the Planning and Development Board, there was a conflict between what they wanted to approve in tenms of conditions, and what the City Commission had recommended. For that reason, this application is back for reconsideration. The conflict and the comments involve Comments 15, 16a and 17. The one comment regarding traffic has been resolved. These comments deal with the landscape buffer, lot area and limiting the number of two-story units which can be constructed in a row. Kieran Kilday, representing the petitioner, advised that the applicant accepted the conditions approved by the City Commission. There was a question needing clarification with regard to the driveways. The applicant showed the driveways at 16' in width. Commissioner Aguila said he reviewed the previous actions of the Commission and the plans, an4 reviewed the minutes of the Planning and Development Board meeting. He stands by the motion made at the last City Commission meeting. He clarified that agreement was reached on the 16' driveways. One thing not discussed at the Planning and Development Board meeting which was discussed at the City Commission meeting, was the issue of the two (2) right turn lanes the applicant agreed to put in. Commissioner Aguila said there is nothing about the discussion of two weeks ago, or the motion that was made including the st,pulations, that he wishes to change. . - 10 - MINUTES - REGULAR CITY C0M4ISSION MEETING BOYNTON BEACH. FLORIDA__ OCTOBER 18. 1994 Commissione atz feels it is important to bring City of Boynton Beach over the population 0,000 for many reasons, sam f which include HUD grants, tax revenues, etc. He a eciates the feelings the people in the audience, but feels it is time for the ty to move on Motion Commissioner Katz moved to di ct sta to move on Phase I of the enclaves and Phase II for western expa on. Commiss ner Aguila seconded the motion. City Clerk Sue Kruse polled e vote. The mutio carried 4-1. (Vice Mayor Matson cast the dissenting e.) DECLARED A BRIEF RECESS AT 8:20 P.M. IX. NEll BUSINESS: Commissioner Aguila requested an opportunity to revisit the Gulfstream Lumber request for abandonment since the representatives were present in the Lobby of City Hall when their request was addressed but were unable to get into the Chambers. Motton Commissioner Aguila moved to reconsider the Gulfstream Lumber abandonment issue. Mayor Pro Tem Bradley seconded the motion which carried 4-1. (Mayor Hanmening cast the dissenting vote.) H!tr Jo ~ 1415 South Federa' Ht~ an employee of Gulfstream Lumber, repreiin~e applicant. She said Gulfitre-. Lumber is not requesting that the City give away anything. They are in the process of negotiating with the Owens property which surrounds this road. In discussions with the Utilities Department, Engineering and Planning, Gulfstream learned that those departments had no problem with the abandonment. The road is not used, its a dead end, it always floods when it rains, it is always torn up, and there is illegal dumping. Gulfstream Lumber employs a full-time maintenance staff to clean up constantly. Ms. McVey said she did not hear the objections of the Commissioners when this was addressed earlier. Mayor Pro T.. Bradley said there was concern with the fact that Gulfstream Lumber may move fram this location, and the City would be faced with homes on that street. Ms. McVey said there are no homes on that road. Gulfstream is only interested in the area south from S.E. 12th. These are empty lots which are zoned commercial. Gulfstream Lumber owns that property. The only piece of property not owned by Gulfstream is a small garage area on SE 12th. This is the property Gulfstream is in the process of negotiating with the owner. No City trucks use this road, and there is no sanitation pickup on this road. It is a useless road. Gulfstream understands the need for the easement, has agreed to it and is willing to work with the City to get this accomplished. Commissioner Aguila sees a great deal of logic in this abandonment since it is a dead end corridor of no use or value. He supports this abandonment and feels this would be a way of cleaning up that section of property. - 17 - '- .... '---' FIL~ PUBLIC P. O. Box 3395 West Palm Beach, FL 33402-3395 October 6, 1994 Mr. William Hukill, PE City Engineer City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 RE: Application Request for Abandon SE 2nd Street, south of SE 12th Avenue & north of Wooldbright Road submitted by Dennis Viassis, Agent for Gulfstream Lumber Company Dear Mr. Hukill: Please be advised that Florida Pub,lic Utilities Company has no objection to the abandonment of the existing 50' easement described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. pellico Engineer cc: Mr. M. L. Schneidermann .= Ii ~'.f~::!.vf./!.V.E ) --- . , l .. ,. .. ".... "I' 0.1/"~ 6'tl:t?~~ ---=:1 ~: .. ~\ , " '\ ~ \ t \ \l ,\ .\ ~ ~ ~ l~ \ " . ,"'l .. ... ~ ,~ ... ::."" l... \ ... '.. ~ , ~ ::"01 ~l " ~~--\! \ ~~~.. _ \\'. t. \ ~ ;.; \, .\~..., ,,~. ,. '" ",~ 1 't " 101 . ,~~. '\ ~ l ~\ ~ ,0': _. ,'t..\\ ~ ,..... l\'\.." .. ,_____ J.:':-:':' ~ ~~." ~tl'\ ..~ ..~ ' , ~~ \ ~, =: .\ ~.,'r \\ \ .', . ; 1" "'~ ., ~~, , . \ . ..... l" " ,,. " . .. ... - .......-. \. .a " " " . ' ~ \ ,~.... .....~- ,~''C ~. ': . ,,~ .. ~~ .., l~;.: "I.''; " ~ \ , . , ." ~ " , ... " . .. ~~ " '\ . ,J .. .... .. t ~-r--'- , \ . K- ... ~ ~ ~.; ",,\ ~ \ /'.~ ,/ _......-.~ , , ~ \ ",.. 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I ;.., ~,,~,,~ t ,...... ..I : .... .. .ot\ .-='", \ ill: i\l~I=1 - '-' ..., FIL~ PUBLIC P. O. Box 3395 West Palm Beach, FL 33402-3395 October 6, 1994 Mr. William Hukill, PE City Engineer City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 RE: Application Request for Abandon SE 2nd Street, south of SE 12th Avenue & north of Wooldbright Road submitted by Dennis Viassis, Agent for Gulfstream Lumber Company Dear Mr. Hukill: Please be advised that Florida Pub,lic Utilities Company has no objection to the abandonment of the existing SO' easement described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. Pellico Engineer cc: Mr. M. L. Schneidermann 7.A.1. S.E. 2ND STREET ABANDONMENT PL~~ AND ZONING DEPARTMENT M~ORANDUM NO. 94-293 TO: Chairman and Members Planning and Development Board FROM: Tambr i J. Heyden 7g.d Planning and Zoning Director Date: October 7, 1994 SUBJECT: S.E. 2nd Street - File No. ABAN 94-004 Abandonment (for Gulfstream Lumber Company) NATURE OF REQUEST Dennis Vlassis, applicant for Gulfstream Lumber Company, is requesting abandonment of the portion of S.E. 2nd Street that extends three hundred (300) feet south from the south edge of S.E. 12th Avenue. Southeast 2nd Street is an improved 50 foot wide, public right-of-way. Property, owned by Gulfstream Lumber Company, abuts three sides of the proposed abandonment area. Find attached Exhibit "A", a tax map depicting the location of the proposed abandonment, and Exhibit "B", a survey of the area. BACKGROUND The requested abandonment has been subDitted by Mr. Vlassis in hopes of eliminating the S.E. 2nd Street dead end to provide better security for the Gulfstream Lumber Company business and stop illegal dumping on the street. Southeast 2nd Street dead ends into the lumber company and lumber company property borders both sides of S.E. 2nd Street, with the exception of the property located at the southwest corner of the intersection of S.E. 2nd Street and S.E. 12th Avenue. The land for S.E. 2nd Avenue (formerly known as Ronald Street) was dedicated to the City by way of the Central Park subdivision platted in March 1925. The subject street and the abutting property are located within the C-3, Community Commercial, zoning district. The Gulfstream Lumber Company property along the east side of S.E. 2nd Street is an open vacant lot. The Gulfstream Lumber Company property along the west side of the street consists of one structure that is the vehicle maintenance facility for the lumber company, with the remainder of the street frontage being fenced with gates, leading-to the lumber company stockyard. ANALYSIS The S.E. 2nd Street right-of-way no longer serves as street frontage for property owners due to the fact that the lumber company borders both sides of the street. The only other property owner that abuts the street has a driveway entrance on S.E. 12th Avenue. If the request is approved, the applicant's intent is to enclose, with fencing and gates, the outside perimeter of the existing and new lumber company property. The applicant realizes that improvements to the property will require site plan review and expansion of their use will require conditional use approval. The City departments involved in review of a request for abandonment and the parties that were given public notice of the requested abandonment are identified below. Public notice is given to the property owners that abut the easement to be abandoned. The Engineering Department notifies the various utility companies that may have a potential interest in the abandonment. The applicant's reasons for filing this abandonment and the grounds that support the request are shown on the enclosed copy of the last page of the abandonment application form. The legal description and easement to be abandoned are shown on the attached Exhibit "B". / Page 2 _ P & Z Memo 94-293 october 7, 1994 CITY DEPARTMENTS Engineering Memorandum No 94-317 Utilities Memorandum No. 94-314 Planning and Zoning - Memorandum dated October 3, 1994 ABUTTING PROPERTY North East not applicable applicant no objection applicant West South PUBLIC UTILITY COMPANIES Florida Power and Light See Condition Below Southern Bell " " " Gas Company Cable Company (Comcast) " " " " " " RECOMMENDATION Staff recommends approval of the abandonment of the portion of S. E. 2nd Street shown and described on the attached Exhibit "B", subject to the attached staff comments from the Planning and Zoning Department (memorandum dated September 30, 1994), Utilities Department Memorandum No. 94-314, Engineering Department Memorandum No. 94-317, and the conditions of approval of the requisite public utilities companies being satisfied, prior to Commission adoption of the resolution finalizing the abandonment. TJH/mja Encs XC: Central File a: se2nclst.ahn 2 of- 'y eXHIBIT "P;;" '.'. - \' , .' J ...\'; '\'" , -. , . ~', .. \ ~ I . ~ , , j .... J/ ,# , , . , ) " " .' - --~ - -=- -=: , . . - ;~, ... ~~ ~~ 8~ lift ~~ * ~ c " / \ ,"-, \.1' ..~~ .,. " , - " () - - ~ ' \u"'" ~-- '__J~ .. -----\ . '\ - (r) \ Jl', Jl'l . ~'II' . (i ,~,. I\) I" , ""001 " " ~. .,.- .' ~, .. - ~ '..., s I I: ' i :::~_~ ~::~ I ' '"" ." ; .. -I I .\, ... '... ... '" ~I ...~" =. .. 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'. :.,~~ : ":" { \ ":3; if!ir I' -~. , (' - .I'U -'\~\ f \. :_''':';'; - ~~ ,hill ~~I ~ ~ ; ~ .l~ 1 \ ~ ~ I '~", ""~~l '.~, "'. ""'ll~ '..~ 'J 'to" I t"\ ,.~ r-.:" . I ~ i '-~l ~ ' ~l..l " ~ \I ~ I ....---"'1 I~ :". i' " " "J '\\ .;' :.~ ~ , '\ .. ~.\ ~~ " ~~ ~~ ------ " ~ , .. ~ :". .. ~ ~ , \ , . ... I ~ '"', ~ .. ~ , , ~~~ :.; ,",'!Ii. ': ';:~" ... ' '. :' :'.~~ . ~ . '. f ': '\~ ,..: ...' ... :.~ .. ... .. ....~ ...~~~..".. . I ~,- I ~I " I ~ ~ '. ~..... . ,,:'1 ,~ t. '.:l ~ ~ 't , h. .. :\ ... ,,~. <I~ : ~ il ~ ~~ SO" I ~ ~I 'I I '~I i I~ ~i ", ,. !' -t: :' ",', ~ I? ""1'< ... , ~j- , ,::r'-- II' \..'.... ~ ~I' ~ ~'I :...~ ~ \ " " ',I .\ "'\ -~, i I . ~ .~~'I I~~ \~ ~ ~ \ '~ ':~ ... . ~ I. . ~~ I:. '\ "''', . . . , .. ~ " \ " li' " . ~: ''\ . t.\ ~ " 'iI :~ I ... " ",,' ."..,,,'J '~" '. - 3 t _7/7#.7AY "~/ ~ 5 f f', .; , , ,I. "I :' " :' ~ 1::1 \ r iii ... ., . 6. That the fOllowing grounds and reasons are submitted in support of this application: ~ fl. .J. i to. If T l A S~~ ILL I Tf../ ti Ad Ie, v.J,LJ ; / J, fA / d IL /1JIl1~ d 9a.r ba.pl! . DATBD. APPLICANT(S) NAIIB (PLEASE SIGN) +a~",~K~ ~~ v,e ADDRESS II.//S S. F.,d~"'AI J./tIlf{ . ~'f"U I~' J ~Ach ,r= '- . . STATZ 01' 1'LOIl!J)A COUlrn OW PAUl BBACII The a))ove a....d applicant ( s) being f 1rst duly sworn by .... the day aDd PM u.ove 1ndicated, depose4 and state4 that _he are/i. tbe appl1cant(s) in the foreg01ng Application to Abandon I Vacate, tbat they have read the same and ~at the facts therein se~ forth are true and correct to the beat of their knowledge. My Commission Expires. OFFIC'Al. 'JO'I'J\J{Y S!:A H,,~~'" Jf) l.fC 'r... Y NarA~Y rUi'.n: mATE CF RORIDA C(.J~ ~!\~I~:;':'.'N r.,..), c,::",,:,-:,~q'i M~ C:()'\'I~r::';I()r~ r.;xr :J\"L 9.1'::98 -----.--.. -,._..,- 6-19-87 ill 1'\ I< ' !~ Igg/\ ~I ,- --'. MEMORANDUM TO: Tambri J. Heyden Planning and Zoning Director Michael E. Ha~~ Zoning and Sit~velopment Administrator October 3, 1994 S.E. 2nd Street Abandonment - Comments File No ABAN 94-004 FROM: DATE: SUBJECT: The Planning and Zoning Department offers the fOllowing regarding the above-referenced abandonment: The following improvements shall be permitted through the Building Department and in-place prior to the City Commission adopting the resolution finalizing the abandonment: The Gulfstream Lumber Company's newly acquired vehicle use area (S.E. 2nd Street) shall be screened in compliance with the visual barrier requirements specified in the Landscape Code. As a point of reference, the lumber company property is located in the C-3 Conununity Commercial Zoning District. The zoning code identifies the lumber company business as a conditional use. If the newly acquired property is to be used for an expansion of the lumber company business, condi tional use approval will be required. MEH/mja a:..2nclat._ 2 {, Comc:a.. C."vlSlOn 01 w... Palm BauJl. Inc, 1401 NorttlpoiN.Parllway W." Palm B..e", Flo,. 33407 (407) 47..5... (407) ......... 'AX ~COMCAS,.. October 2. 1994 William Hukill. P.E. City Engineer The City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 REF: Application Request to Abandon SE 2nd Street, south of SE 12th Avenue cl north of Woolbright R.oad ..-Q Dear Mr. Hukill. Comeat Cable hu no cable in this area and is not in conflict with or have any objections to the abandonment request of S.E. 2nd Street and S.E. 12th Aveaue. If you have any fwth.. questions, please feel he to contact me at (407) 478-5866 ext. 519. . Thank you, Dominique Aumais Cor.struction Coordinator DAllvl f '-' .., ..Gt.BBRIRa DIVISIOR MEMORANDUM RO. 9t-317 TO: Tambri J. Heyden Planning & Zoning Director I~~i~m Hukill, P.E. (jj11!f'Engineer October 5, 1994 FROM: DATE: RE: PROPOSBD SB 280 S'lUB'l ABUDOlOIBft We have reviewed the application to abandon SE 2nd Street near Gulfstream Lumber. Upon receipt, we immediately solicited input from Comcast, Flo-Gas, Florida Power & Light and Southern Bell. To date we have heard only from Comcast. Until we hear from the others we will be unable to respond to your request. WVH/ck C:ABANDMNT.SE2 xc: Carrie Parker, City Manager rn III :T 5 1994 ill '\ I LUvAIIUI\I IVIAl-' ABANDONMeNT S.E. 2ND STREEl .!I .~r II I- 61II1HIIIUaII-L, -'I'. '-11:ti1 CIS!] I 11::'f.; '1,llIT1I=:f.. II I-~. Ilnl \L~ ' ' '; ". _ ... ON" .!n'. ~r. etA"" 'A.. v. j '; 'i:-' ' . ,1'"'" I . IT, 1 i1. , In-I I-- -f 1 .~.' .' ", ':': i, ..,', II; ;,..1 J II ,,"I....L '_I "II!, ,I,' "=--.'= I I 1.,_-.-, _1 ,:;-r ~ ' . _ _' . ' , i .-r 01 - in"~ ,:"",;:,,,, .,Il \ n :..~ ' ' " ~1.' 1 >- -. I ~;;" ~\I; : i, I .. - ... -... ~ 1 \',.' 11\ ....,' . 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