REVIEW COMMENTS
"
~~
PLANNING AND ZONING DEPARTMENT MEMORANDUM #93-142
FROM:
J. Scott Hiller
~a~
Christopher cutro
Planning and Zoning Director
TO:
DJo.TE :
June 9, 1993
RE:
Abandonment of Old Dixie Highway for James Titcomb
James Titcomb, the owner of the property located at 3842 old
Dixie Highway, has requested the abandonment of a portion of old
Dixie Highway at the front of his property. The abandonment
would allow Mr. Titcomb to improve his site for office use. At
this time, the property is located in the unincorporated area of
the County.
You will recall that the County turned over the right-af-way for
old Dixie Highway in ~ate 1992. For this reason, the petition
for abandonment is before the City.
During the preliminary review, it was determined that Old Dixie
Highway would not need to be expanded to four lanes on an 80 foot
right-of-way by both the Planning and Zoning Department and the
city Engineer.
The utilities companies have reviewed this request and Florida
Power and Light, Comcast and Southern Bell have requested
easements for their facilities.
At its meeting of June 8, 1993, the Planning and Development
Board reviewed this request and forwarded it to the City
Commission with a recommendation for approval subject to staff
comments and the filing of easements.
The Planning and Development Board also made two further
recommendations:
1. That the city Commission instruct staff to undertake an
abandonment study for old Dixie Highway from Federal
Highway to the City boundary to reduce the right-of-way
to 60 feet wliformally through the corridor;
2. That the staff amend the Boynton Beach Comprehensive
Plan to remove old Dixie Highway from the Traffic
Circulation Element as an 80 foot wide four lane
collector.
This item has been scheduled for City Commission review and final
determination at its meeting of June 15, 1993.
CCjjm
Att.
A:TITCOMB.JM
PLANNING AND ZONING DEPARTMENT MEMORANDUM
FROM:
William Archdeacon
city Engineer
~'~e~~a
Christopher cutro
planning and Zoning Director
Tambri J. Heyden rp iJ
Senior planner
TO:
THRU:
DATE:
July 30, 1993
SUBJECT:
Legal descriptions for remainder of Old Dixie HWY.
As you know on July 20, 1993, the City commission approved the
abandonment of a 100 feet by 10 feet portion of Old Dixie Highway
in connection with a request for James Titcomb. In addition to
this action by the City commission, the commission directed staff
to process a) an abandonment application for the remainder of Old
Dixie Highway to convert it into a 60 feet wide, right-of-way
(local street), b) an amendment to the comprehensive plan Traffic
Circulation Elem~nt support Document (volume I) to reflect the
functional classification change from an 80 feet wide collector and
c) a correspo~ding change to tpe 2010 recommended highway design.
our office is in the process of completing the abandonment
application form, however we need to team-up with the Engineering
Department to prepare legal descriptions for the abandonment
application. If you recall from our initial research during staff
review of Mr. Titcomb's application, the location of the Old Dixie
Highway pavement edge and the location of the right-of-way line
varies. Additional research, in conjuction with legal description
preparation, may need to be conducted to determine exactly what
area needs to be abandoned to accomplish the Commission's
directive.
Lastly, the feasibility of not changing the 2010 recommended
highway design for Old Dixie Highway from a four lane divided
highway to a two lane highway needs to be investigated. It is
uncertain whether the four feet wide encroachment of the roadway
pavement onto the F. E. C. Railroad right-af-way will impact the
drainage design and preclude any future widening to four lanes.
J~'~/.k~
Tambri J. H den?l
tjh
A:oIDixLeg
xc: Scott Miller
Michael Rumpf
Vincent Finizio
\
,,'
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 93-231
FROM:
J. Scott Miller, City Manager
~
Christopher Cutro, Planning and
zoning Direc+-or
TO:
RE:
September 2, 1993
Old Dixie Highway Abandonment
DATE:
You will recall that the City commission agreed to abandon a
portion of Old Dixie Highway to James Titcomb upon completion of
certain conditions as recommended by staff.
Mr. Titcomb has completed these conditions and the attached
resolution will complete the process of vacation.
This item has been scheduled for City Commission consideration on
September 7, 1993.
CC/cmc
c:dixaban
CC/cmc
TO: Planning and Development Board
-2-
June 2, 1993
December 31, 1992 from then city engineer, Richard staudinger and
excerpts from the Comprehensive Plan Traffic Circulation Element
and Future Land Use Element Support Documents (Volume I)).
With respect to the abandonment request, the comments from staff
and the utility companies that have been received to date are
attached as Exhibit "E". Due to the recommendation to reclassify
Old Dixie Highway as a local street and reduce the right-of-way to
sixty (60) feet wide, staff recommends that only the southern-most
ten (10) feet of the requested fifteen (15) feet of Old Dixie
Highway be abandoned to retain thirty (30) feet from either side of
the centerline. Florida Power and Light and Comcast have responded
verbally to the engineering department and have no objection to the
abandonment, subj ect to a ten foot wide utility easement being
dedicated to cover any of their existing facilities. A response
from Southern Bell has not been received. If a response from
Southern Bell has not been received by June 8, 1993, staff
recommends that action taken on this abandonment request, for which
the required public hearings have been advertised to be held at the
June 8, 1993 Planning and Development Board meeting and the June
15, 1993 City Commission meeting, be deferred and the public
hearings continued to the July meetings. If Southern Bell's
response is received prior to the June 8, 1993 meeting, it is
recommended that this request be approved, conditioned upon the
following:
a) reduction in the width of the area to be abandoned from
fifteen (15) feet to ten (10) feet,
b) the applicant's dedication of a 10 foot wide utility
easement to cover any Florida POWel" and Light, Comcast
and Southern Bell facilities and
c) the applicant's submittal to the planning and zoning
department of a completed signature page from the city'S
annexation application for processing with phase 1 of the
city's annexation program (see Exhibit "F).
It should be noted that if this abandonment request is approved,
staff should be directed to amend the Comprehensive plan Traffic
Circulation Element Support Document (Volume I) to reflect the
functional classification of Old Dixie Highway as a sixty (60) foot
wide local street and the change in the 2010 recommended highway
design from a four lane divided highway to a two lane highway as it
currently exists. Also, to avoid future piecemeal abandonment
applications of Old Dixie Highway from being submitted, the city
should consider abandoning the remaining unneeded right-of-way of
Old Dixie Highway from U.S. #1 to Gulfstream Boulevard to reduce
the width from eighty (80) feet to sixty (60) feet.
Ja..J<-U.-~ rJN-dP-u
Tamhri J. yden
tjh
Attachments
A:OldnixAbn
xc: Central File
,
7A3
OLD DIXIE HIGHWAY
(JAMES TITCOMB CREATIVE, INC.)
ABANDONMENT
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-138
TO: Chairman and Members
Planning and Development Board
~~
THRU: Christopher cutro
Planning and Zoning Director
FROM: Tambri J. Heyden
Senior Planner
DATE: June 2, 1993
SUBJECT: old Dixie Highway (James Titcomb Creative, Inc.)
Right-of-way Abandonment - File No. 735
section 22-40(a)(3) of the Code of Ordinances requires that when an
application for street or easement abandonment is submitted, the
reports and recommendations from the city engineer, planning and
zoning director, utilities director and the public utilities
companies must be forwarded to the planning and Development Board
and City Commission for consideration in the proceedings of the
public hearings. To that end, this memorandum is forwarded,
consistent with Section 22-40(a), (b) and (c).
James Titcomb, applicant and property owner of James Titcomb
Creative, Inc., is requesting abandonment of a fifteen (15) foot
wide by 100 foot long portion of right-of-way on the south side of
old Dixie Highway, approximately 450 feet southwest of the
intersection of Old Dixie Highway and U. S. #1 (South Federal
Highway) as shown on the location map and sketch in Exhibit "A".
The subject right-of-way to be abandoned abuts James Titcomb
Creative, Inc., the applicant's artist studio located at 3842 North
Old Dixie Highway. Mr. Titcomb's studio is located wi thin an
enclave in unincorporated Palm Beach County, however it is within
the city's reserve annexation area and utility service area.
At the time of Mr. Titcomb's 1981 purchase of the property at 3842
Old Dixie Highway, the property was occupied by a single family
home to which Mr. Titcomb constructed an addition for conversion to
an artist studio without site improvements required by Palm Beach
County. On May 22, 1990, Mr. Titcomb was granted approval for a
rezoning from RM - Multiple Family Residential Zoning District
(Medium Density) to CS - Specialized Commercial Zoning District
and a special exception to permit a Planned Office Business Park
(artist's studio) by passage of Palm Beach County Resolution No. R-
90-847 and Resolution No. R-90-848 (see Exhibit "B"). Due to the
impact the size constraints of the referenced property would have
on constructing the site improvements required by Palm Beach
County, the special exception was conditi.oned upon Mr. Titcomb
filing an abandonment application for a portion of Old Dixie
Highway, prior to Palm Beach County's site review approval. On
March 23, 1993, Palm Beach County granted Mr. Titcomb a one year
time extension to November 22, 1993 to complete all required site
plan improvements.
On July 16, 1991, the city commission passed Resolution No. R-91-98
(see Exhibit "C"), requesting the transfer of the jurisdictional
powers from Palm Beach County to the City of Boynton Beach of that
portion of Old Dixie Highway, an eighty (80) foot wide right-of-
way, between U.S. #1 and Gulfstream Boulevard. Because this link
of Old Dixie Highway was not on the Palm Beach County Thoroughfare
Right-of-way Protection Map nor the Palm Beach County's 2010
Network Plan for roadway improvements, Palm Beach County agreed to
change the classification of this section of old Dixie Highway from
a county collector to a city collector and on September 24, 1991,
deeded this link of Old Dixie Highway to .the city. In December
1992, staff reevaluated the need for Old Dixie Highway to be
classified as an eighty (80) foot wide collector. It was
recommended that Old Dixie Highway be reclassified and reduced to
a sixty (60) foot wide local street (see Exhibit "D" - letter dated
TO: Planning and Development Board
-2-
June 2, 1993
December 31, 1992 from then city engineer, Richard staudinger and
excerpts from the Comprehensive Plan Traffic Circulation Element
and Future Land Use Element Support Documents (Volume I)).
With respect to the abandonment request, the comments from staff
and the utility companies that have been received to date are
attached as Exhibit "E". Due to the recommendation to reclassify
old Dixie Highway as a local street and reduce the right-of-way to
sixty (60) feet wide, staff recommends that only the southern-most
ten (10) feet of the requested fifteen (15) feet of old Dixie
Highway be abandoned to retain thirty (30) fl:!et from either side of
the centerline. Florida Power and Light and Comcast have responded
verbally to the engineering department and have no obj ection to the
abandonment, subject to a ten foot wide utility easement being
dedicated to cover any of their existing facilities. A response
from Southern Bell has not been received. If a response from
Southern Bell has not been received by June 8, 1993, staff
recommends that action taken on this abandonment request, for which
the required public hearings have been advertised to be held at the
June 8, 1993 Planning and Development Board meeting and the June
15, 1993 city Commission meeting, be deferred and the public
hearings continued to the July meetings. If Southern Bell's
response is received prior to the June 8" 1993 meeting, it is
recommended that this request be approved, conditioned upon the
following:
a) reduction in the width of the area to be abandoned from
fifteen (15) feet to ten (10) feet,
b) the applicant I s dedication of a 10 foot wide utility
easement to cover any Florida Power and Light, Comcast
and Southern Bell facilities and
c) the applicant's submittal to the planning and zoning
department of a completed signature page from the city's
annexation application for processing with phase 1 of the
city's annexation program (see Exhibit "F).
It should be noted that if this abandonment request is approved,
staff should be directed to amend the Comprehensive Plan Traffic
Circulation Element Support Document (Volume I) to reflect the
functional classification of Old Dixie Highway as a sixty (60) foot
wide local street and the change in the 2010 recommended highway
design from a four lane divided highway to a two lane highway as it
currently exists. Also, to avoid future piecemeal abandonment
applications of Old Dixie Highway from being submitted, the city
should consider abandoning the remaining unneeded right-of-way of
old Dixie Highway from U.S. #1 to Gulfstream Boulevard to reduce
the width from eighty (80) feet to sixty (60) feet.
Ja-L~~ fN-tfpJ
Tambri J. yden'
tjh
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A:oldDixAbn
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EXHIBIT liB"
12/03,'92 09:43
Z 407 734 5910'17
JRMES TITCOMB
P.02
.,. ,. .~ ...
RESOLUTION NO. R-90-847
RESOLUTION APPROVING ZONING PETITION NO. 89-75
REZONING PETITION OF JAMES AND FRANCES TITCOMB
waEREAS, the Board of County Commissioners, as the
qoverninq body, pursuant to the authority vested in Chapter 163
and Chapter 125, Florida statutes, 1s authorized and empowered
to considAr patitions relatinq to zoning; and
WHEREAS, the notice and hearinq requirements as provided
for in Chapter 402.5 of the Palm Beach County Zoning Code have
been aatisfied; and
WHEREAS, PAtition No. 89-75 was presented to the Board of
County COmmiSlsion~rs of palm Beach County, sitting as the
zonin9 Authority, at its public hearinq conducted on December
29, 19891 and
WHEREAS, th9 Board of County commissioners, sitting as the
Zoning Authority, has considarQd the ~videnee and testimony
presented by the applicant and other int~rested parties and the
recommendations of the variou~ county review ~qencies and the
reoommendation~ of the Planning commission; and
WHEREAS, thi~ approval i~ ~ubjec~ to Zoninq Code Section
402.9 (Mandatory Reviaw of Development Approvals) and other
provi8iQns requiring that d9volopment comm9nc~ in a timely
manner; and
WHEREAS, the Board of county Commissioners, sitting a$ the
zon1n9 Authority, made the followinq findings of faotl
1. This proposal i~ consistent with the requirQmonts of
the comprehensive Plan and local land dovolopmGnt
regulations.
WHEREAS, 402.5 ot the zoning Code requires that the action
of the Board of county commissioners, sitting as the. Zonin9
Authority, be adopted by resolution.
NOW, THEREFORE ( BE IT RESOLVED BY THE BOARD 01" COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that Petition No.
89-75, the petition of JAMES AND FRANC.ES TITCOM8, tOJ; a
REZONING FROM RM-MULTIPLE FAMILY RESIDENTIAL ZONING DISTRICT
(MEDIUM DENSITY) TO CS-SPECIALIZED COMMERCIAL ZONING DISTRICT
on a parcel of land lying in Lots 70 and 71, amended Plat of
Tradewinds Estates, Plat Book 21, Page 73, located in Section
04, Township 46 South, Range 43 East, being located on the
southeast side of Old Dixie Highway, approximately .01 m.ile
southwest of the intersection of Old Dixie H1qhway and u. s.
Hiqhway 1, was approved on December 28, 1989, as advertised.
Petition No. 99-75
paqe 1
12103/92 ~J: 44
Z 407 734 5907
HIMES T I TeOMS
P.03
#- ....
cornmisasioner
RGl;olut.ion.
MarCI,1B
~-----
moved
for
approval
of
the
'l'he mot.ion was seconded by Commissioner Robet"t;s ,and,
~pon bein9 put to a voto, the vote was as follo~s:
Carol J. Elmquist, Chair AYE
1<arGn '1'. Ma;rQu&: AYE
carol Robarts A~E
Ron Howard AYE
Carole Phillips AYE
The Chair thereupon declared the
passed and adopted this 22nd day of
resolution was duly
M~y , 1990.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
PALM 5EACH COUNTY, FLORIDh
BY ITS BOMD' OF.., COtmT~
COMMISSION;RB'" "'. .- ..,
.' ,',
JOHN B. ,Cl~~'l}<LE'-i 9L~
..,
"
BY'~'t.,.J O~./
'{ TTORNEY
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Petition NO. 89-75
paqe 2
1:2/03/92 jl9: 45
Z 407 734 5907
nH1ES T I TeOMB
P.04
~ ,", ...~
RESOLUTION NO. R-90-84B
RESOLUTION APPROVING ZONING PETITION NO. 89-75
SPECIAL EXCEPTION PETITION OF JAMES AND FRANCES TITCOMB
WHEREAS, the Board of County Commissioners, as the
governing body, pursuant to the authority vested in Chapter 163
and Chapter 125, Florida statutes, is authorized and empowered
to consider petitions relating to zoning; and
WHEREAS, the notice and hearing requirements as provided
for in Chapter 402.5 of the Palm Beach County Zoning Code have
been satisfied; and
WHEREAS, Petition No. 89-75 was presented to the Board of
county Commissioners of Palm Beach County, sittin9 as the
zoninq Authority, at its pUblic hearing conducted on December
28, 1989; and
WHEREAS, the Board of County Commissioners, sittinq a~ the
Zoninq Authority, has considered t.he evidl1!noe and teliltimony
presented by the applicant and oth~r interested partie~ and tho
recommendations of the various county review a9onc!eQ and the
recommendations of the Planninq Commi~&ion: and
WHEREAS, this approval is subject to Zonin9 Code seotion
402.9 (Mandatory Reviow of Developmont Approvals) and other
provisions; requirinq that. developmont oommence in a timely
manner; and
WHEREAS, tho Board of Count.y Commiesioner5, sitting as the
Zoning Authority, made the following findings of fact:
1. This proposal is consi.stent. with the reCj\.1iI:ement~ o!
the Comprehens 1 ve Plan and local land development
:t:equlations.
WHB~tAS, 402.' of the Zoning Code requires that the action
of the Board of County COllU\\lasioners, sitting as tile zonin9
Authority, be ~dopted by reSOlution.
NOK, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OT PALM BEACH COUNTY, FLORIDA, tnat petition No.
89-75, the petition Of JAMES AND FRANCES TITCOMB, for a SPECIAL
EXCEPTION TO PERMIT A PLANNED OFFICE BUSINESS PARK (A,RTISTS'
STUDIO) on a parcel of land lying in Lots 70 and 71, ~mended
Plat of Tradewinds Estate6, Plat Book 21, paqe 73, located in
Section 04, Township 46 South, Range 43 East, baing located on
the Southeast side of Old Dixie Highway, approximately .01 mile
Southwest of Old Oixie Hi9hway and U. s. Highway I, in a CS-
Specialized Commercial Zoning District, was approved on
December 28, 1989 as advertised, subject to the following
cond1tions:
1. Prior to site plan review submittal, the site plan
shall be amended to indioate:
a. Minimum ten (10) feet native canopy trees
spaced twenty (20) feet on center with a
minimum six (6) foot hiqh masonry wall alon;
the western property line.
b. Compliance with all minimum propert.y
development requlations and subdivision code
requirements.
Petition No. 89-75
paqo 1
...,
.. ...;
)/< 10.
11.
i2dl3t'92 0.5l: 45
3 407 734 5907
HIMES T I reOMS
P.05
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c. Minimum t.en (10) foot high nat.iv$ Qanopy tro8S
spaoed the equivalent one (1) t.rae/20 11noa1
feet. with a minimum t.hirty (30) inoh hedge
spec.d t.wenty-four (24) inohes on oent.er along
the northern property line.
Vse 0' the site shall be limit.ed t.o a 1,852.4 square
toot commercial art studio and acoessory offices.
vehicle parkinq shall be lim! ted to t.he parking
spaces oesiqnateCl on the approved 5ite pl(1n. No
parx1nq of vehicles is to be allowed .in landsoaped
areas, riqhts-of way, or interior d~ivea.
3.
4.
security 11ght1nq shall be shielded, low intensit).
and directed away from nearby residences and right-
of-way.
5.
Pole signs for the project shall be limited to one,
forty (40) square foot, double taoed pOle sign.
The application and enqineerinq plans, calCUlations,
etc. to construct well and/or septio tanK must be
su~mltted to the Health Department prior to site plan
approval (or prior to issuance of Buildin9 Permit for
straight rezoning).
Water service is available to the property.
Therefore, no well shall be permitted on the site to
provide potable water.
The Developer shall provide discharqe control and
treatment for the storl1lwater runoff in accordance
with all applicable agenoy requirements in effect at
the time ot the permit application. However I at a
minimum, this development shall retain onsite 100% of
the stormwater runoff qenerated by a three (3) year-
on. (1) hour atorm with a total rainfall of 3 inches
a~ required by tho PQrmi~ section, Land DQvalopman~
Division. In the event that the aubject site abuts a
Dopartment of Transportation maintained roadway,
oonourrQnt approval from the Florida Department: of
Transportation will also be required. Th$ drainage
system shall be maint~in~d in an acceptable condition
as approved by t.he Count.y EnCJ inoe).". In the eV(lnt
t.hat. the drainage system is not adequat&ly maintainod
0.8 deeermined by t.he County Bn9ineer, t.his mat.t.er
will be referred to the Code. Enforoelnent Board for
enforcemel"lt.
6.
7 .
e .
9.
The propert.y owner sholl pay a Pair Share Fee ih t.he
amount and manner roqui:red by the uPair Share.
Contribution for Road Improvementa Ordinance II as it.
presently exists or ~s it may from time to time be.
Clmemlec;l.
prior to site rev1ew approval, the petitioner shall
file for an abandonment of a portion ot Old Dixie
Highway. If the abandOnment 1s approved, the site
shall be redesigned accordingly.
Failure to comply with any conditions ot approval
may result in the denial or revocation of a bu1lding
permit; the issuance of a stop work order; the denial
of a Certificate of Occupancy on any bu1lding or
structure~ or the denial or revocation of any permit
Petition No. 89-75
Page 2
41
12/03/92 09146
Z 407 734 5907
HiMES TITCOMB
P.06
~ , , "
or approval for any developer-owner, oommercial-
owner, lessee, or user of the subj ect property.
Appeals from suoh action may be taken to the Palm
Beach Couni:y Board of Adjustment or as otherwise
provided in the Palm Beach county zoninq Code.
commissioner
Resolution.
Marcus
.
moved for approval of the
The lDotion was seconded by Commiesionor Roberts and I
upon be!ng put ~o a vo~e, the voto was a8 follows:
Carol J. El~quiat, Chair
1(aren '1'. Mel,rcus
CClr'ol Robert.e.
Ron Howard.
CQrole Phillips
--AYE
--AYE
--AYE
- ~ AVE
- - A YB
The Chair thereupon declared the rE!15Qlution was duly
passed. and adopted this 22o.p day of M"l' , 1990.
APPROVED AS TO TORM
AND LEGAL SUF~ZCIENCY
PALM BEACH COUNTY, l1'LORIDA
BY !T8 HOARD OF COUNTY
COMMISSIONERS ,
"
.
BY'~4~~
JOHN B. Dt11U(LE, CLERK
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BY:~. 'i /...,(.~ '~'ikrj
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'.-'
Petition No. a~~1~
PO<Je :)
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'.,-t..!~ .... ~:o~te~. .~::l..11r:11..~n
'~.~:'!1 ~,."I..uc:'...:::'
(1i . \. :\oberts
...Ten :-1. \leweU
3u:-: . \.:lronson
'.b~:d~ ford L2e
.Zut)ert.v,~~sm.:ln
Departmt!nt ot Planning, Zoning ~ Buildin!
March 11, 1993
James and Frances Titcomb
3045 pine Tree Lane
Boynton Beach, FL 33435-8130
CERTIFIED MAIL
RE: Mandatory review of zoning for the property on the
southeast side of Old Dixie Highway, approximately .01 of
a mile southwest of the intersection of Old Dixie Highway
and u.s. Highway #1.
Property control Number: 00-43-46-04-17-000-0700
Dear Property Owners:
This letter is to advise you, as owner/trustee of the property
referenced above, that the zoning for the property is to be
reviewed by the Palm Beach County Board of county Commissioners
(BCC) at the time and location indicated below. This review is
due to the expiration of the time period that section 5.8 of
the Palm Beach County Land Development Code allows for
commencement of development, or utilization of a Special
Exception after a zoning and/or special exception approval was
granted by the BCC.
Staff has prepared a report for the BCC describing the status
of the subject property. The report also includes a recom-
mended action for the BCC to take. After conducting a public
hearing, the BCC may decide to rezone the subject property
and/or to revoke a special exception, impose entitlement
restrictions, add or modify conditions, or approve a time
extension. The following is a summary of the report and the
staff recommendation:
Staff recommends the approval of a twelve month time
extension, from November 22, 1992, to November 22, 1993,
and the approval of the following conditions of approval:
1.
Prior to July 28, 1993, the property owner shall
have a site plan certified.
Prior November 22, 1993, the property owner shall
complete all required site plan improvements.
..,
~ .
rhis ~ecommendation is based on the following:
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1.
The approval is consistent with the Comprehensive
Plan.
The project meets the countywide Traffic Performance
standard.
The condi tions of approval are needed because the
property owner is currently utilizing the property
for commercial purposes without the required site
improvements.
2.
~ 3.
The report is scheduled to be considered by the Board of County
Commissioners at a public hearing on March 25, 1993. The
meeting is scheduled for 9:30 a.m. in the Commission Chambers
of the county's Governmental Center at 301 North Olive Avenue
.in West Palm Beach, Florida. You or your representative may
present relevant information at that meeting to rebut or
supplement the report by staff. If a time extension is
approved, there will be a $475.00 status report fee which must
be paid prior to the extension becoming effective, and prior to
the release of the notice currently recorded with the Clerk of
the Court.
Please contact me at (407) 233-5321 if you have any questions.
(
Sincerely yours,
~~
i /"
-Linda Monroe
Manager, Monitoring section
FILE: ULDC5.8-9/SRBCC
cc: Zoning Division, Petition File 89-75
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EXHIBIT "C"
RESOLUTION NO. R-9l-9~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
REQUESTING THE TRANSFER OF THE
JURISDICTIONAL POWERS FROM PALM BEACH
COUNTY TO THE CITY OF BOYNTON BEACH, TO
PROVIDE FOR A RIGHT-OF-WAY ON OLD DIXIE
HIGHWAY ALONG THE 4,150 LINEAR FEET
DISTANCE DEPICTED IN EXHIBIT "A"
ATTACHED HERETO; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida desires that it have jurisdiction power for
the right-of-way for Old Dixie Highway along the 4,150
linear feet distance depicted on and more particularly
described in Exhibit "A" attached hereto and made a part
hereof; and
WHEREAS, Palm Beach County currently has jurisdiction
over that roadway;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of
Boynton Beach, Florida hereby authorizes and directs the
City Clerk of the City of Boynton Beach to forward a copy of
this Resolution to Palm Beach County, Traffic Engineering
Oivision and further directs the City administration to
pursue transfer of the road from Palm Beach County to the
~ity of Boynton Beach.
I
Section 2. This Resolution
immediately upon passage.
PASSED AND ADOPTED this /b day of .:;0Ltf, 1991.
shall
take
effect
CITY OF BOYNTON BEACH, FLORIDA
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OCT-07-1991 04:05pm 91-286288
ORB 6981 pg
502
Con 10.00 Doc
JOHN B DUNKLE ~ CLERK - PB COUNTY, FL
C 0 U N T Y DEE D
THIS DEED, made this
24
day of September 19 91
_.------- -
by
PALM BEACH COUNTY, a political subdivision of the state of
Florida, party of the first part, and the City of Boynton Beach,
Florida, party of the second part.
WITNESSETH: That the said party of the first part, for and
in consideration of the sum of Ten ($10.00) Dollars to it in hand
paid by the party of the second part, receipt whereof is hereby
acknowledged, has granted, bargained and sold to the party of the
second part, their heirs and assigns forever, the following
described land lying and being in Palm Beach County, Florida:
SECTION 4, TOWNSHIP 46, RANGE 43, THAT PORTION OF OLD DIXIE
HIGHWAY LYING IN THE CITY OF BOYNTON BEACH, FLORIDA FROM
GULFSTREAM BOULEVARD NORTH TO FEDERAL HIGHWAY
IN WITNESS WHEREOF the said party of the first part has
caused these presents to be executed in its name by its Board of
',County Commissioners acting by the Chairman or Vice-Chairman of
.. . \ l ;;:... . . . ,
,\\" ;said Bo~rd:the day and year aforesaid.
.:::-,:,':' : ',",,:.. '. .", .,~"',,,"
~ :.. .~ .,; :.' '",.
:::~ "'~ ',.'A?:"hf~ST:" ':'. ~
;,;,,:' : &OrUr.,B. ',DUNKLE, Clerk
'; . (,':"8: ;},:,;.,.(IW.':,"L.T (~Jj" h ~
.~ .' ,~cA ~~
~, Clerk' (~r.:::Deputy Clerk)
. "
. "
"
"
APPROVED AS TO FORi.1 AUD
LEGAL SUFFICIENCY
By:t'1-nh~
(Count Attorney
This instrument prepared by:
Maureen E. Cullen
Acting County Attorney
Palm Beach County
P.O. Box 21229
West Palm Beach, FL 33416
265-LGL
0-00
\
PA' ~??RD VCRI
U..., el:::.I"'~/': "'.",. ,!FlED
J'').... . ,.'....'l.Nry I:r ..
Cl..E ~ i i~\I B. DUNk!. ,. IJ\,
Rk CiA"'Urr E
'" COuRT
PALM BEACH COUNTY .,~
R/W ACQUISITION SECfION
P.O.BOX 21229
\VEST PALM BEACH FL 33416
r1k.
I
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*
Meeting Date:
#3-~1
S_~tember 24, 1991
Agenda Item
PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUHMARY
APPROVED BY BOM~D
SEP 2 t; 1991
......:a:~ r
Consent (X)
Regular () Ordinance ( )
Public Hearing ( )
I. tXECUTIVE BRIEF
Request Submitted By:
For:
ENGINEERING AND PUBLIC WORKS DEPARTMENT
RTGH'I'-OF-\\1AY ACQUISITION SECTION
MotioD and Title:
staff recommends motion to adopt a Resolution and execute a County
Deed which conveys <l portion of Old Dixie Highway (Gulfstream
Boulevard north to Federal lligh\oJay), to the City of Boynton Beach,
Florida.
SUMMARY: ,'I'h is Resolut ion conveys any f-ight, title or interest that
Palm Beach County may have in the right-of-way of a portion of Old
Dix i e lligh\'Jay (Gul fs t ream BOlli eva rd north to Federal Highway).
District No.
5 .
(HE)
"
Backqround and Justification:
The City of Boynton Beach requested that the Board of County
Commissioners change the classification of a portion of Old Dixie
Highway (Gulfstream Boulevard north to Federal Highway), from a
county collector to a city collector, thus transferring
jurisdiction from county to the city. See attachments A and B.
Attachments:
Location Map
ncsolution
County Deed
City of Boynton Beach Letter
Boynton Beach Resolution
TIllS AGENDA ITEM DOES r) DOES NO'l' r X 1 HAVE A FISCAL IMPACT.
Note: If it does, please complete Fiscal Impact Analysis on page
2.
Recommended gy:
COMMENTS)
.ol? r. / '; (
Date
? h /'1 /
Date
q/;O/Y/'
I Date
(SEE PAGE 2 ron OrMW PREMICONTRACT AI)rnNISTRATION
..I~e'~:lt;enyi~ctor
/] I'
~/l... (' . :~,(;<<_..
L01~ s~gn:}\~J
Leqal Sufficiency / '~nllAt/~---
co'unty Attorney
Rev ie\.Jed by:
b.12I2..roved by:
NLt\
Assistant County Administrator
PAF:EH:MK:pr
EXHIBIT "D"
//n
GEE & JENSON
Engineers-Architects -
Planners. I nc.
December 31, 1992
Mr. Chris Cutro, Planning Director
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Old Dixie Highway
Future Right-of-Way Designation
Dear Chris:
In response to your December 9, 1992 memo, I have reviewed the road status and
corresponding right-of-way requirements. Old Dixie Highway was previously designated
as a collector roadway by Palm Beach County resulting in the 80 foot right-of-way
requirement.
If the road classification remains as a collector (i.e. two or more 12 foot lanes, plus turning
lanes) roadway, the minimum right-of-way is 72 feet, provided pedestrian and bicycle
paths are located on the adjacent property. However, since the City of Boynton Beach
has been given jurisdiction over the roadway by Palm Beach County, the classification
could be reduced to a local street. A local street (with swales) carries a 60 foot
requirement for right-of-way. This, again, can be reduced to 52 feet if bicycle and
pedestrian paths are provided on the adjacent private property.
It is my recommendation, since the road is expressly not to be widened to 4 lanes, that
the classification be reduced to local street. The right-of-way requirements of Appendix
"C", Article X, Section 1 08 will then require a 60 foot right-of-way re.servation along Old
Dixie Highway.
Very truly Yours,
WRS /bf
92-042
One Harvard Circle. West Palm Beach, Florida 33409-1923 . 407/683-3301 . FAX 407/686-7446
PLANNING AND ZONING DEPARTMENT MEMORANDUM
FROM:
Richard Staudinger, city Engineer
Vince Finizio, Administrative Coordinator of Engineering
~~
Christopher Cutro,
Planning and Zoning Director
TO:
DATE: December 9, 1992
SUBJECT: Future Need of 80' Right-of-Way Designated for Old Dixie
Highway
I have recently been contacted by Mr. James Titcomb, owner of
property and a commercial art studio located just into the
unincorporated pocket on Old Dixie Highway. Mr. Titcomb, in an
attempt to upgrade his property by constructing a formal parking
lotI (the lot is currently unfinished and consists of shell rock),
has submitted a site plan to Palm Beach County. Consequently,
since adequate space does not exist to accommodate the needed
parking facilities, he was advised to discuss with the City (as the
city now has jurisdiction over the road), the possibility of
reducing the right-of-way for Old Dixie Highway.
With respect to the widening of this road, the only justification
I am aware of is within the Comprehensive Plan, which indicates
that Old Dixie Highway would have to be expanded by the year 2010
in order for level of service "A" to be maintained.
We would ask that you analyze the future potential of this road and
advise us as to the acceptable right-of-way width. Since this
issue could affect potential annexations in this area, we would ask
for as speedy a response as you can muster. If you should have any
questions please feel free to call me.
CC:!Ilr
A:OL:lCIl[RW
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LEGEND
SP - STA TE P1UNt:JPAL ARTERIALS
SJI - STATE NJN(R ARTETUALS
CN - COlNTY NlMR ARTElUALS
'* t:C - COlNTY Ctx.LECTalS
C - t:.lTY Ctx.LECTalS
MJTE: lMfNI(E]) ROADIIA 13" MJT
(N S7A TE t:USSJFJr:A TJ{W
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Not To Scale
May, 1989
SOURCE: Walter H. Keller Jr., Inc.
BOYNTON BEACH CONPREHENSIVE PLAN
FIGURE 18 - FUTURE FUNCTIONAL CLASSIFICATION
- 61-
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FIGURE 1
BOYNTON BEACH COMPREHENSIVE --PlAN
lan~ Use Problems and Opportunities
Inse
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Areas outside lhe City
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City of Boynton Beach
~~,!~Ing Department 4/B7
Areas within the City
page 59A
~ l.q. Incorporated and Unincorporated Property at southern End of
city, between Old Dixie Hiqhway and U.S. 1
This area includes a mixture of developed and undeveloped lots,
under various city and county zoning districts. The city limits
are irregular in this area, however, a precedent for annexation
in this area has been established, and should continue.
piecemeal annexation of the developed single-family subdivisions
in the vicinity of Old Dixie Highway, however, may not be
practical. Annexation of the single-family subdivisions should
be by referendum or other legal means for annexing the entire
neighborhood. In the interim, the City should request that Palm
Beach County limit the use of this area to single-family
dwellings. Existing land uses along the U.S. 1 frontage are
predominantly retail, consequently, a Local Retail Commercial
land use designation and C-3 community Commercial zoning category
are appropriate, both for lots which are presently in the city
and those which will be annexed. These land use controls will
improve the aesthetics along U.S. 1 and create a retail-oriented
corridor. The lots along Old Dixie Highway, by contrast, are not
as suitable for retail use, and therefore should be placed in a
General Commercial land use category and C-4 zoning district. An
appropriate use for commercial property in this area would be new
car dealerships. The City should adopt site regulations for new
car dealerships, which would include a minimum lot area of 2
acres. The City should encourage this type of land use at this
location, and should encourage the acquisition and development of \
properties fronting on Old Dixie Highway, as a part of the
development of lots which front on U.S. 1.
The single-family subdivisions in the vicinity of Old Dixie
Highway, if annexed should be placed in the Medium Density
Residential land use category and maintained primarily as a
single-family neighborhood, with single-family and duplex zoning
on the lots immediately abutting the FEC tracks. There are two
portions of the Killian's Park subdivision, along Miller Road,
which should be construed to be in the Local Retail (lots 9-14
and 16-20) and General Commercial (lots 21-29) land use
categories, if development of these properties complies with the
conditions set forth in the coastal Management Element.
Commercial projects which are adjacent to the single-family
neighborhood should be designed so as to minimize the impacts to
this neighborhood, consistent with the recommendations contained
in the Coastal Management Element.
1.r. Incorporated and Unincorporated Property at southern End of
city. between u.s. 1 and Intracoastal Waterway
This area is subdivided and largely developed, and consists
almost entirely of unincorporated property. Palm Beach County
zoning allows commercial development along u.s. 1 and residential
development to the east of this commercial strip. The city
should proceed with the annexation of the commercial properties
66
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ro'> iL,. RESIDENTIAL
o ,LOW DENSITY (LOR)
MAX 4.84 D.U.JACRE
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MODERA TE DENSITY (MODF
MAX 7.2'6 D.U./ACRE
t:::::::q MEDIUM DENSITY (MeOR)
MAX 9.68 D.U./ACRE
_HIGH DENSITY' (HDR)
M~X 10.8 D,U./ ACRE
", ::::~ DIFFERENT LAND USE CATEGORY THAN THAT SHOWN:
: ON MAP APPLIES (AS INDICA TED BY ABBREVIA TION),
IF USE AND DEVELOPMENT COMPLIES WITH USE
~~ RESTRICTIONS AND RECOMBINATION OF PARCELS;
11 -.SPECIFIED IN TEXT OF FUTURE LAND USE AND
: L]] ~.~OASTAL MANAGEMENT ELEMENTS.
'1" r?f .
,Il~ t'~ CONSERVATION OVERLAY DIS, TRICT--USE AND
',a I, Dr::VELOPMENT OF, PROPERTY SUBJECT TO
B RECOMMENDATIONS CONTAINED ~N CONSERV ATION ,
ljAND COASTAL MANAGEMENT ELEMENTS.
COMMERCIAL)
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~ GENERAL (GC)
I 0 INDUSTRIAL (I)
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MANAGEMENT ELEMENT. MAX 20.0' D.U./ ACRE
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EXHIBIT "E"
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-,
FROM
TO
Chris Cutro
Planning & Zoning Director
Sue Kruse, City Clerk
SUBJECT::[JI<'l.llllillg ....~.. .}).~Y~:L~E.rn~ll t ... ~.<!.. ~....... Int::g~. ..=.=~.\ltl.~.8L:L~~:3.
. ..... DATE: ....5.15.1 ~:3......
FOLD.
Attached is a copy of a right-of-way abandonment application submitted by
James & Francie Titcomb.
Please review and advise of your recommendations for'~pproval or disapproval in
accordance with Section 22-40(a) 'flTI~-&~TFD.. .
A c,_ .';__ \...., L' .n. v ......,/
Thank you.
G ..
SK: sIb
attachments
PL.ANfHNG DEPT.
-
PLEASE REPLY TO
.
SIGNED~
DATE:
Item # F269 Grayarc, P.O. Box 2944, Hartford, CT 06104.2944
"" Wheeler Group, Inc. 1982
THIS COPY FOR PERSON ADDRESSED
~~0~~'~"i,~~~"~"'.'~~;~~;,~~.~~~~~.~
no.
....; '~~ ~
.. .,"~ ..., Clftll:
s...,"I - 93
4U
ACi'tv\k
SUBJECT:
POLD .
P1~nnhl, 6 ...,.lo.pll81lt: )W. Ittl. - _In_ 8. 1993
DATE: 5/5/93
Att:ac:hecl 1a a copy of a riaht-of-vay abancloDJleDt application .uba1.ttecl by
J.... & Prancie Titco.b.
Pl.... review auel &018. of your r.c~clati0U8 for approval or disapproval in
accordaDc. vith Section 22-4O(a) of the Code.
Thank you.
RECEIVED
"
n:8u.
attac~t.
MAY 14
PLANNING DEPT.
RETURN TO
..
SIGNED \.---, ," .~: i, " .
'0 '_(/..L /...-' ' -< './ '-...<:--
REPLY
.
)b cb~ -ik-plll ~~-L- d..
DATE:
5/1 J,l93
...
118m " F269 GnIyarc, P.O_ Box 2944, HIrtIard, CT De104-2Mi1
o WheM' GnqI, me. 1982 PERSON ADDRESSED RETURN THIS Copy TO SENDER
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PUBLIC
UTILIyS
COMPANY
.ADDRESS REPL't' TO COMPANY A.T
P. O. Box 3395
West Palm Beach,
FL 33402-3395
May 28, 1993
William Curtis Archdeacon, PE, PLS
City Engineer
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33435-0310
RE: ill # 00-43-46-04-17-000-0700
Dear Mr. Archdeacon:
Please be advised that Florida Public Utilities Company has no objection to the
abandonment of the existing 40' easement described in your letter.
At the present time, we have no underground gas distribution facilities located within
the limits of the proposed abandonment.
cc: Mr. M. L. Schneidermann
'\
.~
EXHIBIT "F"
fJfte City of
~oynton 13eac/i
Pfanning & Zoning 'Departnunt
100 'E. 'Boynton 'Beadz. 'Boulevard
P.o. '130'(310
'Boynton 'BetUh, '.Tforida. 33425-0310
(407) 738-7490, '.T~: (407) 738-7459
March 23, 1993
Mr. James Titcomb
James Titcomb Creative, Inc.
3842 North Old Dixie Highway
Delray Beach, FL 33483
Dear Mr. Titcomb:
The Planning and Zoning Department staff has informally reviewed
your site plan and, based upon this cursory analysis, finds no
significant problems or issues that would impede the issuance of
site plan approval by the City of Boynton Beach.
However, I am recommending that you continue to pursue site plan
approval by Palm Beach County, as you have partially completed
this process already and, this process could not be initiated by
the City until after your property is annexed, the Land Use
Element is amended, and your property is rezoned.
Since your property is to be annexed along with several other
properties as part of the city's annexation program, this process
and associated time frame is still subject to City Commission
review and approval. Although the City Commission will be
reviewing the annexation program in April, it may be several
months before the annexation process is initiated.
If this process is continued in the County, you should have
received site plan approval, and even have initiated the
abandonment process (as we had discussed) by the time your
property is annexed.
Since the City would accept your site plan as approved by Palm
Beach County, at the time of annexation, this recommendation
should provide you with the most expeditious path culminating
with the timely initiation of the physical improvements to your
property.
Please let me know when I can be of further assistance to you.
Sincerely,
~'-~~.~
Christopher cutro
Planning and Zoning Director
CCjjm
,,'=I. me rica 5 gateway to tfie (julfstream
f' :. .. . :---
APPLICATION TO ABANDON/VACATE
.! BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM
:J. ~:ft I
This form must be filled out completely and accurately
and must accompany all applications submitted to the
planning. Department,.";J (Three Gill. copies of application
are required..) . . .'
NOTE:
.;1<' ,
PROJECT NAME:
AGENT'S NAME:
AGENT'S ADDRESS:
J~~6 -rrlCO~~ CfUAIJlrf, I AlL.
Nftt
-
AGENT'S PHONE:
OWNER'S NAME: JAVt\(5 +- f{2AtJ(J( ll-r(OMg
(or Trustee's)
OWNER'S ADDRESS: :jo4-S B tX Tre.g;- ~IJ~
PDYfJTOtJ 53eA(H ,I=L ~3435
OWNER'S PHONE: 301 -1 ~ 4::.=...15 '2 ~
PROJECT LOCATION: 3g42- t:Jpdfl-l "1,r1. DI)Oi" HI6t1W4~
(not legal description)
- 1>tL~~~
CORRESPONDENCE
. ADDRESS: 11
(if different than
. agent or owner)
~lA
-
"-
.. --'
11 This is the address to whioh all agendas', letters and
other materials will be forwarded.
~.. .;,0..: '..... .'...
, ..,'"....;~":' -.,."....;,.....,.,
., . ~; ~;. .,.... ~ . ~
. ."--~-~.__.._._..~--"._--_.__.__.__.__._--,~-_._--_.~-".".-
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~PPLICATION TO ABANDON/VACATE
The undersigned, pursuant to Or.dinance
Boynton Beach, Florida, hereby applies
vacatel abandon, and discontinue the,
(check one): .
NO. 76-27 of the Ci~y of
to the City commission to
ALLEY
STREET
SPECtAL PURPOSE EASEMENT
OTHER NONFEE INTEREST OF THE CITY
"'?( .
as,described in attached Exhibit "A", and to renounce and dis-
claim any right of the "cii:y'" and "tht! pUblic in and to any land in
conn~ction therewith.
( )
( V )
( )
( )
. .
I
Said application is to be filed with the Planning Department in
triplicate and applications involving more than one of the above
listed nonfee interests shall be filed separately. Each appli-
cation so filed shall be complete in every respect.
The undersigned hereby certify:
1. That a complete and accurate legal description with the
specific property interest sought to be vacated or abandoned, in-
cluding where possible a plat map or drawing showing the general
area and location involved, is set forth in Exhibit "A" attached
hereto. ..
2. That the title or interest of the City and the public in and
to the specific property interest described above was acquired
and is evidenced by,
(check one): (~.':;,) ~~'<'DEEn'.""
( ) DEDICATION
( ) PRESCR!PTION
Recorded in PLA-r Book 2l
Public Records of Palm Beach County, Florida.
, Page 73 , and
3. That no similar application has been considered by the City
at any time within six (G) months of the date hereof, and should
this application be granted, such abandonment and vacation will
prevent no other property owners from access to and from their
property and no other property owners in the vicinity will be
adversely effected.
4. That the above described property interest is under the
control and jurisdiction of the City commission of the City of
Boynton Beach, Florida; is not a part of any state or federal
highway system; and was not acquired or dedicated for state or
federal highway purposes.:
S. That the following constitutes' a complete and accurate
schedule of all owners and occupants bounding and abutting the
property interest described above.
NAME
ADDRESS
Y\\f<. W~ 2... 1>ArlJJff'f
M (lS. ITt\LLDf2aJJ. lIAMtfi"-'
~t t~ 5, fLO + Dof\.lllC &-\ENorL
2'12-3 , 5, f8J{}1k(.. HW'I" /ioYN!tM 3 ~3S
,
1m OLD J)ttllfJ Bo'f,J{OlJ ei'Aaf 3sr,435
3836 tL.Q.lJ1 D\Xlf ~1;)'1, ()~lrlll'{ f?l" '34-8'3
Abuttina property owners:
00-43-46-04-17-000-0720
Michelina Hofrichter
8042 Rose Maire Ave. E.
Boynton Beach, FL 33437
08-43-46-04-00-001-3610
Richard A. Barnett
200 Coconut Palm Rd.
Boca Raton, FL 33432
.
,;
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN ~hat the Planning and Development Board of
the CITY OF BOYNTON BEACH, FLORIDA, will conduc~ a PUBLIC HEARING
on Tuesday, June 8, 1993 at 7:00 P.M. to consider an application
submi tted by James and Frances Titcomb, owners, to ABANDON the
right-of-way in fron~ of the property on the southeast side of old
Dixie Highway, approximately .01 of a mile southwest of the
interestion of old Dixie Highway and U.S. Highway ~1, more
particularly described as follows:
The south fifteen feet of the right-of-way of old Dixie
Highway abutting lots 70 and 71 (now lot 70) of the amended
plat of Tradewinds Estates, Palm Beach county, Florida,
according to Plat Book 21, page 73, of the Public Records of
Palm Baach County, Florida; the length running approximately
100 feet along the northwest Old Dixie Highway frontage
boundary.
ALSO
A PUBLIC HEARING will be held by the City Commission of the City of
Boynton Beach on the above request on Tuesday, June 15, 1993 at
7:00 P.M. or as soon thereafter as the agenda permits.
All interested parties are notified to appear at said hearings in
person or by attorney and be heard. Any person who decides to
appeal any decision of the planning and Development Board or City
Commission with respect to any matter considered at these meetings
will need a record of proceedings, and for such purpose, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
to be based.
SUZANNE M. KRUSE
CITY CLERK
CITY OF BOYNTON BEACH
PUBLISH: BOYNTON BEACH NEWS
May 27 and June 8, 1993
;
,"
ENGINEERING DEPARTMENT MEMORANDUM NO. 93-152
TO: Christopher Cutro
Planning & Zoning Director
RECE\VED
JUN 4 \993
FROM: Vincent A. Finizio
Deputy City Engineer
DATE: June 4, 1993
RE: Proposed Abandonment of Old Dixie Highway
(Diminishing a Portion of ROW From 80' to 60')
I am in receipt of Tambri Heyden's June 4, 1993 Planning & Development
Board Meeting agenda back-up material regarding the above referenced
subject matter and although this department, in December of 1992
filed no objection to the abandonment, I herein offer the following
information that has recently come to light which may affect the
decision as to whether or not it would benefit the citizens of
Boynton Beach, Florida to have this rights-of-way abandoned, with the
end result being a two lane roadway within a 60' rights-of-way.
1. Today, I spoke with Mr. Ralph Hayden, City Engineer for Delray
Beach, Florida, regarding Delray's position on the portion of
Old Dixie Highway that runs through their community. According
to Mr. Hayden, they have no current plans relative to abandoning
any portion of Old Dixie Highway within their jurisdiction, nor
do they have plans to four lane Old Dixie in the immediate future,
but with the exception of nominal roadway improvements, Mr. Hayden
cautioned against abandoning a portion of this right-of-way, as
once abandoned this City will never be able to provide for future
travel lane expansions, should the need arise as a result of
population growth (ie. increase in traffic volumes) and the
following items recently brought to my attention.
2. As recently as two months ago, the State of Florida Department of
Transportation has been communicating with this office relative
to constrained roadway facilities, specifically u.s. Highway #1,
wherein the state of Florida will not widen u.s. #1 through the
corporate limits of Delray Beach and Boynton Beach.
As our City's population rises and traffic counts begin to increase
on u.s. #l accordingly, levels of service will, in all liklihood,
decrease thereby rendering Old Dixie Highway a most valuable
north/south alternative to the u.s. #l corridor for motorists
between Delray Beach and the Boynton Beach area.
3. As recently as three months ago, the State of Florida Dept. of
Transportation, pursuant to State Statutes and Legislative Acts,
have enacted "access management" laws, which in the future may
result in the closure of median cuts within the U.S. #l corridor
and may additionally limit the number of driveways discharging
from commercial and residential properties onto the subject
roadway. Old Dixie Highway will then become a viable alternative
!"
Engineering Dept. Memo No. 93-152
Re: Proposed Abandonment of Old Dixie Highway
June 4, 1993
Page #2
route to parcels of land which may be in need of secondary or
alternative access should the access management program within
u.s. #l adversely affect property owners, reference median cut
closings and prohibitions on driveways intersecting with this
State road.
I realize that I may have had no objections back in December of 1992
during your initial inquiry on this subject matter and although
Richard Staudinger rendered a favorable recommendation relative to
diminishing the right-of-way width, I belive that the information
provided herein is of sufficient merit in order for the Planning &
Development Board and City Commission to be made fully aware of the
potential implications involving diminishing this rights-of-way,
therefore, I respectfully request that you provide a copy of this
memorandum to both the Planning & Development Board and the City
Commission for their review during the consideration of this singular
abandonment request.
This memorandum is transmitted solely for informational purposes and
does not constitute a recommendation either in favor for, or against
this abandonment request.
~A~0
cc: J. Scott Miller, City Manager
William Archdeacon, PE, PLS, City Engineer
Tambri Heyden, Senior Planner
W~~ old
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
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~-
FROM:
Richard Staudinger, city Engineerv'
Vince Finizio, Administrative Coordinator of Engineering
~ CJ.v.r
Christopher Cutro,
Planning and Zoning Director
TO:
DATE: December 9, 1992
SUBJECT: Future Need of 80' Right-of-Way Designated for Old Dixie
Highway
: .~
I have recently been contacted by Mr. James Titcomb, owner of
property and a commercial art studio located just into the
unincorporated pocket on Old Dixie Highway. Mr. Titcomb, in an
attempt to upgrade his property by constructing a formal parking
lot, (the lot is currently unfinished and consists of shell rock),
has submitted a site plan to Palm Beach County. Consequently,
since adequate space does not exist to accommodate the needed
parking facilities, he was advised to discuss with the City (as the
city now has jurisdiction over the road), the possibility of
reducing the right-of-way for Old Dixie Highway.
With respect to the widening of this road, the only justification
I am aware of is within the Comprehensive Plan, which indicates
that Old Dixie Highway would have to be expanded by the year 2010
in order for level of service "A" to be maintained.
We would ask that you analyze the future potential of this road and
advise us as to the acceptable right-of -way width. Since this
issue could affect potential annexations in this area, we would ask
for as speedy a response as you can muster. If you should have any
questions please feel free to call me.
CC:mr
-:P:' F6(+ +v SO r:r /fuW
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; ,')::1 S Received ~~ ~
-J DEe 1 0 1992 i_~.
..\ to C)"{' "'J'
',_\,_ 0;.. CITY ENGINIi.R ~
"VJl 0
/ - 0 <("
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A:OLOOIXRW
\ILIA 5 <l"r ,t/-8 CV"""':J 'llr~~ /(~4-
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
FROM:
Richard Staudinger, city Engineer
Vince Finizio, Administrative Coordinator of Engineering
~~
Christopher Cutro,
Planning and Zoning Director
TO:
DATE: December 9, 1992
SUBJECT: Future Need of 80' Right-of-Way Designated for Old Dixie
Highway
I have recently been contacted by Mr. James Titcomb, owner of
property and a commercial art studio located just into the
unincorporated pocket on Old Dixie Highway. Mr. Titcomb, in an
attempt to upgrade his property by constructing a formal parking
lot, (the lot is currently unfinished and consists of shell rock),
has submitted a site plan to Palm Beach County. Consequently,
since adequate space does not exist to accommodate the needed
parking facilities, he was advised to discuss with the City (as the
city now has jurisdiction over the road), the possibility of
reducing the right-of-way for Old Dixie Highway.
With respect to the widening of this road, the only justification
I am aware of is within the Comprehensive Plan, which indicates
that Old Dixie Highway would have to be expanded by the year 2010
in order for level of service "A" to be maintained.
We would ask that you analyze the future potential of this road and
advise us as to the acceptable right-of-way width. Since this
issue could affect potential annexations in this area, we would ask
for as speedy a response as you can muster. If you should have any
questions please feel free to call me.
CC:mr
A:OLODIX!tW
M E M 0 RAN DUM
April 26, 1993
TO: Sue Kruse, city clerk
(' J\i.....~~~}--;. t1>L;,y
FROM: Christopher cutro, Planning and zoning Director
RE: Right-of-way Abandonment for James and Frances Titcomb
File No. 743
Accompanying this memorandum you will find a copy of the
application and supporting documentation for the above mentioned
project. A check in the amount of $500.00 to cover the review and
processing of this application has been forwarded to the Finance
Department.
The legal advertisement for this request will be forwarded to your
office after review by the City Attorney and City Manager.
aId
Attachments
xc: Project File
1~
-
OFFICE OF THE CITY CLERK
MEMORANDUM
TO:
Mr. Chris Cutro
Planning & Zoning Director
DATE: May 26, 1993
FROM:
Sue Kruse
City Clerk
RE: Notice of Hearing
Attached please find a copy of the Notice of Public Hearing for the
right-of-way abandonment application submitted by Jim and Frances
Titcomb. This has been scheduled for the June 8, 1993 Planning &
Development Board meeting.
Notices have been mailed to abutting property owners today. The ad
will be published in the Boynton Beach News on May 27 and June 8, 1993.
v?~~~~,"'
Sue Kruse, City Clerk
SK: sIb
attachments
cc: City Manager
~tECEIVED
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EXHIBIT A
I, DESCRIPTION
Ao~rTIONAL ROAD RIGHT OF WAY Foa OLD DIXIE HIGHWAY
.
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THAT pARI OF SECTION 33, TOWNSHIP 4S SOUTH, RANGE 43 EAST,
PALM 8EACH COUNTY, FLORIDAt D!SCR.IBED AS FOLLOWS:
COMHENQE AT THE INTERSECTION OF THE SOVTH LIN! OF SAID
SECTIO~ 33 WITH THE EAST RIGHT WAY OF WAY LINE OF THE
FLORID~ EAST COAST RAILWAY; THENCE N. 89~4.5'2.5ttE.t ALONG THE
SOUTH LlrNE OF SAID SECTION 33, 679.87 FEET TO A LINE 15.0 .
FEET NO~THWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF OLD
DIXIE HIGHWAY; THENCE.N.S2032'S1"E.~ ALONG SAID PARALLEL
LINE, 1~5.09 FEET TO A LINE 81.69 FEET NORTH OF AND PARALLEL
WITH Tij~ SAID SOUTH LINE OF SECTION 33 AND THE POINT OF
S!GINNr~Gj THENCE CONTINUE N.S2c32'51ItE., ALONG SAID PARALL!t
lINE ANQ ALONG THE NORTHEASTERLY EXTENSION THEREOF. 468.76
FI!! rQ!THE,INTERSECTION WITH THE WEST RIGHT OF WAY LINE or
u. s. H~GHWAY NO.1 (STATE ROAO 5~CCORDI~TO THE RIGHT OF'
WAY MAP iRECORDED IN ROAD PLAT' BOO 2. PAGE 15 OF THE PUBLIC
RECORDS ,OF PALM BEACH COUNTY, FLoa A; THE~ NORTHERLY,
ALONG S~ID WESTERLY RIGHT OF WAY LINE! BEING A CURVE CONCAVE
WO~lSTlfROLo~ W1TnH A RtDIUS OF 11409.2~ F~oT6n A C3ENT~AL ANCLE OF
· AN A CnORD BEARING N.9 21 E., 6..J2 FEET TO A
LINE 40,0 FEET NORTHWESTERLY OF.AND PARALLEL WITH THE SAID ,.
CENTERLINE OF OLD DIXIE HIGHWAY; THENCE S.52032'S1"W., ALONG
SAID PARALLEL LINE, 528.31 FEET TO A LINE 81.69 FEET NORTH OF
AND PARA.1LEL WITH THE SAID SOUTH LINE OF SECTION 33, THENCE
N.89(l45' 5"E'J ALONG SAID PARALLEL LINE, 41.34 FEET TO THE
SAID POI T OF 'BECINNING.
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CONTAINING 12464 SQUARE FEET, MOR! OR tESS.
'- . ....",;. ." .. .."..........,."..~;, ....~',.....~'..,.., M.... "- ,~, " .... ," "., ~"'~""'... .'f.
FtECORO VER!FIEC
~ALM BEACH CCUN7V. F'LA.
JOHN e. OUI'a<t.E
ClERK CIRCUIT COURT
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CJIlC NO;(C1tv of Bovnton_
pte.A8 OLD DIXIE HVr.(. &
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R~C.UfT-OF-WA Y WAFtRANTY DEED
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~HIS INceNTV~! 111"'1 .hl. d.., of . A.C., 1986
biNteen! GROVE FARTNERS, LIMITED, a Flol:1da limited partnersrlip, having
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. an 0 Sfice a t 6~15 L~ke W'oJ"tl\ Road. Lake Worth. Florida 334,63
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h.relnafter called the grsntor, ~o PAI.M SeACJof COUNTY, I r;:olitlcal subdivision a1 tn. sett. of
Florida, hl"lnaftl' e31l1d the iNnte.. .
Jd J~;
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.WI"Nenl!~: TI'lat the 91'1ntClr, for 1:'lCI In eontld,ratfon of the sum of Ten (S10.00l
Oal~n IItId othr valuaL')l. ccnsid.mlcns, reC8l~ wn8rtcT I. htl'lClV ac;knowllClgld, hereby grams,
I:llrgein., 1SIIIs, all.ns, remises, relealliS, conveyJ .nd =ntTrmt Unto tn. gl'ln'tH, all that C$l"t'ain tend
JJtllita in 'alm Sue,., Ccunty, PIcric.. tc-wit:
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J.. E~ibit A attached hereto and made a part ther.of.
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