AGENDA DOCUMENTS
.,
I
I
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
January 18, 2000
I
would desire in that facility. The building could be expanded out toward Seacrest Boulevard
and some of the City departments could be moved to that facility. The entrance to City Hall
could be off the Promenade. This proposal would add to the tax base and provide the "glue" to
some of the visioning efforts.
If the City is interested in further investigating this proposal, he recommended the following:
1. Appoint a point person who could meet with Mr. Taylor to see what the CIty
would like in the proposal. Mr. Taylor said he would Ilke to do this on Friday
(January 21st); and
2. Authorize staff to allow Messrs. Taylor and Katz to tour the inside of the building
on Friday (January 21st).
In response to Mayor Broening, Attorney Cherof advised that this issue could be addressed later
in the meeting through an agenda amendment.
Cliff Montrose, 105 SW 18th Street, has been a resident of Boynton Beach for
approximately five years and has been following the politics in the City. He expressed concern
about the delay in building Intracoastal Park on Federal Highway and Gateway Boulevard. Mr.
Montrose said the residents voted on this issue. He urged the residents to telephone the
Commissioners to let them know how they feel about this issue.
Brian Edwards, 629 NE 9th Avenue. said the Cemetery fee issue affects everyone regardless
of color. Mr. Edwards does not believe the services are so out of control as to require this fee.
He also does not believe this fee would end long funeral services. He urged reconsideration of
this issue. Mr. Edwards said INCA looks forward to follow up with respect to the Ordinance
regarding conditional use for adult entertainment.
Mike Friedland was surprised by a recent newspaper article about Quantum Park regarding a
$100 million project. Mr. Friedland urged the residents to get behind the City in these efforts.
~. PUBLIC HEARING:
A. Project Name: KENMONT
(TABLED TO JANUARY 18")
Agent: Diane Hileman, Esquire
Owner: Mr. Oris W. Walker
Location: 707 NW 3rd Street
Description: Request for abandonment of that alley segment that abuts 707
NW 3rd Street
Motion
(' Commissioner Denahan moved to remove the Kenmont project from the table. Vice Mayor
TIllman seconded the motion that carried unanimously.
7
Requested City Commission
Meetin~ Dates
0 November 16, 1999
0 December 7, 1999
~ December 21, 1999
0 January 4, 2000
NATURE OF
AGENDA ITEM
L-'LlY OF BOYNTON BEACh.
AGENDA ITEM REQUEST FORM
Date Final Fonn Must be Turned
in to City Clerk's Office
Requested City Commission
Meetin~ Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
November 3, 1999 (5:00 p.m.) 0 January 18,2000
November 17, 1999 (5:00 p.m.) 0 February 1,2000
December 8,1999 (5:00 p.m.) 0 February 15,2000
December 22,1999 (5:00 p.m.) 0 March 7, 2000
January 5, 2000 (5:00 p.m.)
January 19,2000 (5:00 p.m.)
February 2, 2000 (5:00 p.m.)
February 16,2000 (5:00 p.m.)
o Administrative
o Consent Agenda
~ Public Hearing
o Bids
o Announcement
o Development Plans
o New Business
o
o
o
Legal
Unfmished Business
Presentation
RECOMMENDATION: Please place the request below on the December 21, 1999 City Commission agenda under consent
ratification of Planning and Development Board action. The Planning and Development Board with a 6-1 vote,
recommends that this request for abandonment be denied.. For further details pertaining to this request see attached
Department of Development Memorandum No. PZ 99-306.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCA TION:
DESCRIPTION:
KENMONT
Diana Hileman
Mr. Oris W. Walker
707 NW 3rd Street
Request for abandonment of that alley segment that abuts 707 NW 3rd Street.
FISCAL IMPACT: N/A
PROGRAM IMPACT: NM
ALTERNATIVES: N/A
Department of Development Acting Director
City Manager's Signature
7~ C___'C
Planning and Zoning Director
City Attorney / Finance / Human Resources
\\CHlMAIN\SHRDATAIPLANNlNGlSHAREDlWP\PROJECTS\KENMONT 707 NW 3RDlAGENDA CC ITEMS2- 12-21-99 .DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 99-306
TO: Chairman and Members
Planning and Development Board
~. /I. l.or
FROM: Michael W. Rumpf
Planning and Zoning Director
DATE: November 2, 1999
SUBJECT: KENMONT - ABAN 99-005
Alley abandonment
NATURE OF REQUEST
Diana Hileman, Esquire, agent representing property owner Mr. Oris W. Walker, is
requesting abandonment of an alley or service-street that abuts his property at 707 NW 3rd
Street. The attached Exhibit "A" shows the location of the applicant's property and the alley
segment to be abandoned. Exhibit "B" is a detailed sketch (survey) of the proposed
abandonment.
BACKGROUND
The Plat of Ridgewood Hills, approved in 1952, shows an alley-way or service-street as a
twenty (20) foot wide right-of-way running east and west, from NW 3rd Street to NW 4th
Street, and adjacent to the north of the applicant's property.
The applicant's property abuts the eastern end of the alley, it is kept in good shape and free of
debris and overgrown grass. The western end is not as well kept, and overgrown with
vegetation. Aerial power lines cross the alley east to east; residences private power lines are
supplied from the aerial lines. It is noteworthy that no portion of this alley has ever been
abandoned.
ANALYSIS
The city departments involved in the review of all requests for abandonment, and the utility
companies notified of the request are identified below. Public notice was given to the property
owners that abut the alley and the request has been advertised in the newspaper. The utility
companies and the city departments' responses to the abandonment request are as follows:
CITY DEPARTMENTS
Engineering
No objection.
Fire
No objection.
Police
No objection.
Page 2
Development Department Memorandum No. PZ 99-306
ABAN 99-005
Utilities
The Department has an active gravity
sewer line in the subject alley; approving
the abandonment will inhibit access needed
for maintenance and repair of the sewer
line. Utilities Department states that
granting a utility easement is not an
acceptable option given that the
abandonment could likely lead to the
placement of landscaping and fences in the
subject segment, and subsequent segments
to be abandoned.
PUBLIC UTILITY COMPANIES
Florida Power and Light
No objection, subject to granting a ten-foot
utility easement that centers on the existing
distribution facilities at no expense to FPL.
Bell South
No objection, subject to granting a twelve-
foot easement for existing facilities.
Florida Public Utilities Company
No objection.
Cable Company (Adelphia)
No objection.
Cable Company (Comcast)
No objection, subject to granting a ten-foot
utility easement that centers their existing
aerial plant within the requested
abandonment area.
The following is a description of the zoning districts and land uses of the properties that
surround the subject request (see Exhibit "A" - Location Map).
South
Alley proposed for abandonment and farther north a residential
property zoned RIA.
NW 6th Avenue right-of-way and farther south is a residential
property zoned RIA.
NW 3rd Street right-of-way and farther east a residential property
zoned RIA.
Residential property zoned RIA.
North
East
West
L
Page 3
Development Department Memorandum No. PZ 99-306
ABAN 99-005
Staff feels that the approval of this application would also be the catalyst future abandonment
requests for additional segments of this easement, which will further compound sewer line
maintenance problems for the Utilities Department.
RECOMMENDATION
Based on the access needs of the Utilities Department, and to discourage future abandonment
applications for the same alley, staff recommends that this request be denied. Although, the
Board and Commission must realize that should the abandonment be approved, the Utilities
Department would require the establishment of an easement equal to the width of the existing
alley, which must be kept clear of any landscaping, fencing and walls. Considering the intent
of the applicant to expand their property using the abandoned alley, the easement restriction
would defeat the purpose for which the abandoned is desired.
If the alley segment is abandoned, all easement requirements listed in Exhibit C conditions of
approval must be met, including those restrictive requirements of the Utilities Department.
xc: Central File
S:IPlanningISHAREDlWP\PROIECTSIKENMONT 707 NW. 3RDlSTAFFREP.DOC
3
LJCATION MA~
KENMONT ABANDONMENT
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EXHIBIT "BI
25.0'
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PROPOSED tJr;<J [j I~
ABANDONMENT Ii: il1 Il:l
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1
FOUNO 3/4" IRON
PIPE (NO NUI.IBER)
LOT 66
76.31'
75.90'
I
I
"'0. I
~.
0",_ '"
5
FOUND 4"X4" P
CONC MONUMENT
(NO NUMBER)
NOT SET TREE
ON CORNER
C c:
'Ci ~~
0.5' CONC CURB
___L _ -f---l'._W. 6 Tit A VENl)~ _ _ J
~FOUNO NA'L AND 20' PAVING I
WASHER IN CUT OUT
NO NUMBER)
DESCRIPTION:
LOT 67 AND THA T PORTION OF THE 20 FOOT
SERVICE DRIVE LYING NORTH OF AND ADJACENT
TO LOT 67. RIDGEWOOD HILLS. ACCORDING TO
THE PLA T THEREOF AS RECORDED IN PLA T
BOOK 23. PAGE 250. PUBLIC RECORDS OF PALM
BEACH COUNTY. FLORIDA.
lvfA P OF
BOUNDARY SURVEY
I /lEFlfBY CERTIFY TIIA T TIIS SURVEY WAS lIADE UNDER AlY RESPONSBLf CHARGE:
AND lEns THE t.IIIfWlM TECHNICAL STANDARDS AS sn FORTH 8Y THE FLORIDA
BOARD OF PROFESSIONAL SlJIIVCYORS AND lIAPPERS N CHAPTER 61G/7-E. FLORIDA
AOMINISTRATlVE COOE. PlI/SUANT TO SECTION 472.027. FlORIDA STA TUTES.
LEGEND:
ct = CENTERLINE
CONC CONCRETE
WM = WA TER METER
I.R. = 5/8" IRON ROO WITH CAP #LB 353
FL ODD ZONE: B
%~IkSf#-
'i?J~'r~Jz,~A~~~ SURVEYOf< AND MAPpeR /f57~
LICCNSEO SLRVCYM AND IJAPPER.
O'BRIEN, SUITER & O'BRIEN, INC.
LAND SURVEYORS
CERTIFICA TE OF AUTHORIZA TION IL8353
SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: JOHN N. SUITER
2601 NORTH FEDERAL HlGHWA Y, DfLRA Y 8EACH. FLORIDA 33483
(561) 276-4501 732-3279 FAX 276-2390
Ce.
Dol If OF SlRlIfY
SEPI-_IO. 1999
SCAtf.
," = 20
: ---.. .
EXHIBIT "e"
CONDITIONS OF APPROV AL
Project name: Kenmont
File number: ABAN 99-005
Reference' 1 st Review Abandonment File #ABAN 99-005
.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE X
UTILITIES
Comments: RECOMMENDS DENIAL X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERING DIVISION
Comments: NONE X
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENT ALIST
Comments: NONE X
PLANNING AND ZONING
Comments: .
1. Utility easement acceptable to F. P. & L., Comcast, and Bell South to be X
recorded prior to final approval.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS
2. Recommends that request be denied. X
ADDITIONAL CITY COMMISION COMMENTS
3. To be determined.
JA/dim
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\KENMONT\CONDITIONS OF APPROVAL P&D 5
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
January 18, 2000
would desire in that facility. The building could be expanded out toward Sea crest Boulevard
and some of the City departments could be moved to that facility. The entrance to City Hall
could be off the Promenade. This proposal would add to the tax base and provide the "glue" to
some of the visioning efforts.
If the City is interested in further investigating this proposal, he recommended the following:
1. Appoint a point person who could meet with Mr. Taylor to see what the City
would like in the proposal. Mr. Taylor said he would like to do this on Friday
(January 21st); and
2. Authorize staff to allow Messrs. Taylor and Katz to tour the inside of the building
on Friday (January 21st).
In response to Mayor Broening, Attorney Cherof advised that this issue could be addressed later
in the meeting through an agenda amendment.
Cliff Montrose, 105 SW 18th Street, has been a resident of Boynton Beach for
approximately five ye,ars and has been following the politics in the City. He expressed concern
about the delay in building Intracoastal Park on Federal Highway and Gateway Boulevard. Mr.
Montrose said the residents voted on this issue. He urged the residents to telephone the
Commissioners to let them know how they feel about this issue.
Brian Edwards. 629 NE 9th Avenue, said the Cemetery fee issue affects everyone regardless
of color. Mr. Edwards does not believe the services are so out of control as to require this fee.
He also does not believe this fee would end long funeral services. He urged reconsideration of
this issue. Mr. Edwards said INCA looks forward to follow up with respect to the Ordinance
regarding conditional use for adult entertainment.
Mike Friedland was surprised by a recent newspaper article about Quantum Park regarding a
$100 million project. Mr. Friedland urged the residents to get behind the City in these efforts.
VII. PUBLIC HEARING:
A. Project Name: KENMONT
(TABLED TO JANUARY .18")
Agent: Diane Hileman, Esquire
Owner: Mr. Oris W. Walker
Location: 707 NW 3'd Street
Description: Request for abandonment of that alley segment that abuts 707
NW 3'd Street
Motion
Commissioner Oenahan moved to remove the Kenmont project from the table. Vice Mayor
Tillman seconded the motion that carried unanimously.
7
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 November 16, 1999
0 December 7, 1999
181 December 21, 1999
0 January 4, 2000
NATURE OF
AGENDA ITEM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
November 3,1999 (5:00 p.m.) 0 January 18,2000
November 17, 1999 (5:00 p.m.) 0 February 1,2000
December 8, 1999 (5:00 p.m.) 0 February 15,2000
December 22,1999 (5:00 p.m.) 0 March 7,2000
January 5, 2000 (5:00 p.m.)
January 19,2000 (5:00 p.m.)
February 2, 2000 (5:00 p.m.)
Februa')' 16,2000 (5:00 p.m.)
o Administrative
o Consent Agenda
181 Public Hearing
o Bids
o Announcement
o Development Plans
o New Business
o
o
o
Legal
Unfmished Business
Presentation
RECOMMENDATION: Please place the request below on the December 21, 1999 City Commission agenda under consent
ratification of Planning and Development Board action. The Planning and Development Board with a 6- I vote,
recommends that this request for abandonment be denied.. For further details pertaining to this request see attached
Department of Development Memorandum No. PZ 99-306.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
KENMONT
Diana Hileman
Mr. Oris W. Walker
707 NW 3rd Street
Request for abandonment of that alley segment that abuts 707 NW 3rd Street.
FISCAL IMPACT: N/A
PROGRAM IMPACT: N/A
ALTERNATIVES: N/A
Department of Development Acting Director
City Manager's Signature
~ Lc
Planning and Zoning Director
City Attorney / Finance / Human Resources
\\CHlMAIN\SHRDATAIPLANNING\SHAREDlWPIPROJECTSIKENMONT 707 NW 3RDlAGENDA CC lTEMS2- 12-21-99 .DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 99-306
TO: Chairman and Members
,
Planning and Development Board
)./1. ~r
FROM: Michael W. Rumpf
Planning and Zoning Director
DATE: November 2, 1999
SUBJECT: KENMONT - ABAN 99-005
Alley abandonment
NATURE OF REQUEST
Diana Hileman, Esquire, agent representing property owner Mr. Oris W. Walker, is
requesting abandonment of an alley or service-street that abuts his property at 707 NW 3rd
Street. The attached Exhibit" A" shows the location of the applicant's property and the alley
segment to be abandoned. Exhibit "B" is a detailed sketch (survey) of the proposed
abandonment.
BACKGROUND
The Plat of Ridgewood Hills, approved in 1952, shows an alley-way or service-street as a
twenty (20) foot wide right-of-way running east and west, from NW 3rd Street to NW 4th
Street, and adjacent to the north of the applicant's property.
The applicant's property abuts the eastern end of the alley, it is kept in good shape and free of
debris and overgrown grass. The western end is not as well kept, and overgrown with
vegetation. Aerial power lines cross the alley east to east; residences private power lines are
supplied from the aerial lines. It is noteworthy that no portion of this alley has ever been
abandoned.
ANALYSIS
The city departments involved in the review of all requests for abandonment, and the utility
companies notified of the request are identified below. Public notice was given to the property
owners that abut the alley and the request has been advertised in the newspaper. The utility
companies and the city departments' responses to the abandonment request are as follows:
CITY DEPARTMENTS
Engineering
No objection.
Fire
No objection.
Police
No objection.
Page 2
Development Department Memorandum No. PZ 99-306
ABAN 99-005
Utilities
The Department has an active gravity
sewer line in the subject alley; approving
the abandonment will inhibit access needed
for maintenance and repair of the sewer
line. Utilities Department states that
granting a utility easement is not an
acceptable option given that the
abandonment could likely lead to the
placement of landscaping and fences in the
subject segment, and subsequent segments
to be abandoned.
PUBLIC UTILITY COMPANIES
Florida Power and Light
No objection, subject to granting a ten-foot
utility easement that centers on the existing
distribution facilities at no expense to FPL.
Bell South
No objection, subject to granting a twelve-
foot easement for existing facilities.
Florida Public Utilities Company
No objection.
Cable Company (Adelphia)
No objection.
Cable Company (Comcast)
No objection, subject to granting a ten-foot
utility easement that centers their existing
aerial plant within the requested
abandonment area.
The following is a description of the zoning districts and land uses of the properties that
surround the subject request (see Exhibit "A" - Location Map).
North
South
Alley proposed for abandonment and farther north a residential
property zoned RIA.
NW 6th Avenue right-of-way and farther south is a residential
property zoned RIA.
NW 3rd Street right-of-way and farther east a residential property
zoned RIA.
Residential property zoned RIA.
East
West
-z..
Page 3
Development Department Memorandum No. PZ 99-306
ABAN 99-005
Staff feels that the approval of this application would also be the catalyst future abandonment
requests for additional segments of this easement, which will further compound sewer line
maintenance problems for the Utilities Department.
RECOMMENDATION
Based on the access needs of the Utilities Department, and to discourage future abandonment
applications for the same alley, staff recommends that this request be denied. Although, the
Board and Commission must realize that should the abandonment be approved, the Utilities
Department would require the establishment of an easement equal to the width of the existing
alley, which must be kept clear of any landscaping, fencing and walls. Considering the intent
of the applicant to expand their property using the abandoned alley, the easement restriction
would defeat the purpose for which the abandoned is desired.
If the alley segment is abandoned, all easement requirements listed in Exhibit C conditions of
approval must be met, including those restrictive requirements of the Utilities Department.
xc: Central File
S:IPlanningISHAREDlWPIPROJECfSIKENMONT 707 NW. 3RDISTAFFREP.DOC
3
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LuCATION MA:-"'
KENMONT ABANDONMENT
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DESCRIPTION:
LOT 67 AND THA T PORTION OF THE 20 FOOT
SERVICE DRIVE LYING NORTH OF AND ADJACENT
TO LOT 67. RIDGEWOOD HILLS. ACCORDING TO
THE PLA T THEREOF AS RECORDED IN PLA T
BOOK 23. PAGE 250. PUBLIC RECORDS OF PALM
BEACH COUNTY. FLORIDA.
!v1AP OF
BOUNDARY SURVEY
I HeReBY CCRTFY TIIA T TIIS SUl/VCY WAS /lADE: UNOCR AlY ReSPONSIBLe CHARGE:
AfoIJ lIffTS THe lINJUlI TeCJHCAL STAfoIJARDS AS SET FORTH BY THe FLQRIlJA
BOARD OF PROFESSIONAL Sl.II1VCYORS AND /IA~RS IN CHAPTeR 6/GIl-f. FlOR!')A
AOlINSTRA nvc COOC. PlRstJANT TO secTION 472.027. FLORIDA STA ruTfS.
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uceNSED SLRVCYOR AND IIAPPCR.
LEGEND:
f = CENTERLINE
CONC CONCRETE
WM = WA TER METER
I.R. = 5/8" IRON ROD WITH CAP #L8 353
FL 000 ZONE 8
O'BR/EN, SUITER & O'BR/EN,-INC.
LAND SURVEYORS
CERTIFICA TE OF AUTHOR/ZA T/ON ILB353
SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE. JOHN N SUI rfR
2501 NORTH FEDERAL IUGHWA Y. DELRA Y BEACH. FLORIDA JJ48J
(551) 275-450/ 732-3279 FAX 276-2390
G.
DATe OF SUlIlfY
SE:P T 10. 1999
SCALE
EXHIBIT "e"
CONDITIONS OF APPROVAL
Project name: Kenmont
File number: ABAN 99-005
Reference: 1 st Review Abandonment File #ABAN 99-005
.
.
DEPARTMENTS . INCLUDE REJECT
PUBLIC WORKS
Comments: NONE X
UTILITIES
Comments: RECOMMENDS DENIAL X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERING DIVISION
Comments: NONE X
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENT ALIST
Comments: NONE X
PLANNING AND ZONING
Comments:.
1. Utility easement acceptable to F. P. & L., Com cast, and Bell South to be X
recorded prior to final approval.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS
2. Recommends that request be denied. X
ADDITIONAL CITY COMMISION COMMENTS
3. To be determined.
JA/dim
J:\SHRDATAIPlanningISHARED\WP\PROJECTSIKENMONnCONDITIONS OF APPROVAL P&D 5
DEVELOPMEN JRDER OF THE CITY COMMISSIt--' OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Kenmont Alley Abandonment
APPLICANT'S AGENT: Diana Hileman, Esquire
--- ...
.
APPLICANT'S ADDRESS: 707 NW 3rd Street
DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: December 21,1999
TYPE OF RELIEF SOUGHT: Abandonment of alley
LOCATION OF PROPERTY: 707 NW 3rd Street
DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
-2L HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "D" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
-2L DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J:\SHRDA T A \Planning\SHARED\WP\PROJECTS\kenmont\Develop. Order P&D.doc