CORRESPONDENCE
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 97- 203
TO:
Chairman and Members
Planning and Development Board
FROM:
Michael E. Haag
Current Planning Coordinator
THROUGH: Tambri J. Heyden, AICP
Planning and Zoning Director
DATE:
May 8, 1997
SUBJECT: Bowers Park subdivision, Blocks 10, 11 and 12 (15 foot wide alley
abandonment)
File No. ABAN 97-001
NATURE OF REQUEST
The City of Boynton Beach is requesting abandonment of an unimproved 15 foot wide
city alley located within blocks 10, 11 and 12 of the Bowers Park subdivision. The city
alley is located between S.E. 5th Avenue and S.E. 6th Avenue, on both sides of Seacrest
Boulevard and west of the FEC Railway (see attached Exhibit "A" - a location map,
Exhibit "B" - copy of tax map delineating the subject alley and Exhibit "C" - legal
descriptions of the proposed abandonment).
BACKGROUND
The need to abandon the alley emerged when adjacent property owners were cited for
not properly maintaining city right-of-way abutting their property. Chapter 10 - Garbage,
Trash and Offensive Conditions, Article 1, Section 10-2 and Chapter 15 - Offenses-
Miscellaneous, Article IX, Section 15-120 (a) and (b) of the City's code, describes the
method used to enforce land owners' responsibility to maintain unimproved city rights-
of-way that abut their property. The following language is from Chapter 10 - Garbage,
Trash and Offensive Conditions, Article 1, Section 10-2: "owner(s) of lands within the
city shall keep the same and one-half of and abutting street, alley or easement free
from any accumulation of trash or filth, broken tree limbs or branches, uncontained
garbage or refuse, any containers or materials which could hold or conceal pools of
water, and heavy dense or dank growth of weeds, grass underbrush, palmettos, Florida
holly trees, or other uncultivated vegetation, or other dead or living plant life, which
might constitute a fire hazard, serve as a breeding place, etc." This alley was discussed
at the April 1, 1997 City Commission meeting. At that meeting it was stated that this
alley has caused the area to be a haven for vagrants which could lead to crime in the
area. The consensus of the City Commission at the April 1, 1997 meeting was to direct
staff to make application in the City's name to initiate the abandonment of the alley.
ANALYSIS
The applicant's reasons for filing this abandonment and the grounds that support the
request are included in the attached Exhibit "0" - Application. The city departments
involved in the review of the request for abandonment and the utility companies notified
of the request are identified below. Public notice was given to the property owners that
abut the subject alley and notice has been advertised in the newspaper. The utility
companies and the city departments' responses to the abandonment request are as
follows:
Page 2
Memorandum No. 97-203
City alley abandonment
ABAN 97-001
PLANNING AND ZONING DEPARTMENT COMMENTS:
1. The conditions of all utility companies shall be addressed prior to the City Commission
adoption of the resolution approving the abandonment.
2. It is recommended that the Development Department (Engineering Division) and the Legal
Department initiate the next step in implementing the city wide comprehensive
abandonment project.
3. It is recommended that the city wide comprehensive abandonment project be incorporated
into the Visions 20/20 study task regarding neighborhood revitalization master planning.
4. It is recommended that the Visions 20/20 planning consultant work with staff to ensure
coordination with the city wide comprehensive abandonment project and the neighborhood
revitalization master plan.
UTILITY DEPARTMENT COMMENT (Memo No. 97-070):
5. No objection to the abandonment of the described alley subject to a recorded utility
easement being dedicated in its place.
EXHIBIT "E"
Conditions of Aooroval
Project name: Bowers Park subdivision, Blocks 10, 11 and 12 (15 foot wide alley abandonment)
File number: ABAN 97-001
Reference' See Planning and Zoning DeI1artment Memorandum No 97-203
I DEPARTMENTS I INCLUDE I REJECT I
CITY ATTORNEY
Comments: NO OBJECTION (VERBAL RESPONSE)
ENGINEERING DIVISION
Comments:
1. No objection subject to approval from all other utilities.
UTILITIES
Comments:
2. Utilities has no objection to the abandonment of the described alley subject to a
recorded utility easement being dedicated in its place.
PUBLIC UTILITY COMPANIES
BELLSOUTH TELEPHONE COMPANY
Comments:
3. BellSouth has cable on poles in the alley. Therefore, a 12' wide easement is
required for this pole line in order to agree to abandonment.
FLORIDA POWER & LIGHT COMPANY
Comments:
4. No objection provided the property owners grant to Florida Power and Light
Company a 15' utility easement with the identical legal description of the alley
to be abandoned.
PLANNING AND ZONING
Comments:
5. The conditions of all utility companies shall be addressed prior to the City
Commission adoption of the resolution approving the abandonment.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
6. None
ADDITIONAL CITY COMMISSION CONDITIONS
7. To be determined.
MEH/bme
s:\projects\cond of appr\
Page 2
Memorandum No. 97-203
City alley abandonment
ABAN 97-001
CITY DEPARTMENTS
Engineering
See Exhibit "E"
Utilities
See Exhibit "E"
Planning and Zoning -
See Exhibit "E"
Legal
No objection (verbal response)
PUBLIC UTILITY COMPANIES
Florida Power and Light
See Exhibit "E"
Bell South
See Exhibit "E"
Florida Public Utilities Company
No objection
Comcast
No objection
The following is a description of the land uses and zoning districts of the properties that
surround the subject request (see Exhibit "A" - Location Map).
North
single-family and duplex lots, zoned R-1A and R-2
East
FEC Railway
South
single-family lots, duplex lots and industrial lots, zoned R-1A,
R-2 and M-1
West
multi-family, zoned R-3
RECOMMENDA TION
Staff recommends approval of this abandonment, subject to the attached Exhibit "E" -
Conditions of Approval.
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Attachments
xc: Central File
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May 5, 1997
Mr. Ken Hall
Department of Development
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
Re: Abandonment of 15' Alley within the Bowers Park Subdivision
Dear Mr. Hall:
Florida Power and Light Company has no 0 bjecti.on to the abandonment of the above
referenced Alley as outlined in your letter dated March 17,1997, provided the property
owners grantto Florida Power and Light Company a 15' utility easementwith the identical
Ie gal de scription of the alley to be abandoned.
Sinc erely,
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Robert P. Arthur
Distribution Designer
an FPl Group company
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Monday, May 05, 1997
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Ken Hall
Engineering Plan Check Inspector
City of Boynton Beach
P.o. Box 310
Boynton Beach, F133125-031O
RE: IS' Alley Abandonment Request
Center Blocks of 10,11 and 12
of the Bowers Park PIat I Comcast Print -2155
Dear Mr. Hall:
In reviewing your package on the above ref. project, Comcast has DO objections
nor conflicts with your proposed plans.
Please Note: Comcast has active COlL't lines on the utility poles within the scope of the
abandonment area.
Should you have any other questions, please feel free to call me at 1-561-478-5866 ext
412 / Fax Numbers - 1-561-640-3996 or 1-561-688-0559.
Sincerely,
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Leonard Maxwell
Permit Coordinator
cc: Joe Casasanta - Director of Technical Operations
Rishi Gosine-South Area Construction Coordinator
Noah Darby - South Area Engineering Coordinator
John McAfee- South Area Service Supervisor
Boynton Beach Draw
File
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@ BELLSOUTH
BellSouth Telecommunications. Inc.
Room 501
326 Fern Street
West Palm Beach, Florida 33401
April 24, 1997
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Mr. Ken Hall
Engineering Plan Check Inspector
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
RE: Alley Abandonment Request
Dear Mr. Hall:
BellSouth has cable on poles in the alley. Therefore, we would require a 12' wide
easement for this pole line in order to agree to the abandonment.
If you have any questions, I can be contacted at 561-837-6404.
PUBLIC
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P. O. Box 3395
West Palm Beach,
FL 33402-3395
April 17, 1997
Mr. Ken Hall
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
RE: A 15' Alley thru the Center of Blocks 10, 11 & 12 of the Bowers Park Plat
Dear Mr. Hall:
Please be advised that Florida Public Utilities Company has no objection to the abandonment
of the existing 15' easement described in your letter.
At the present time, we have no underground gas distribution facilities located within the
limits of the proposed abandonment.
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David E. Pellico
Division Engineer