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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office D March 16, 1999 D April 6, 1999 D April 20, 1999 D May 4, 1999 March 5, 1999 (noon) D May 18, 1999 I:8J June 1, 1999 o June 15, 1999 o July 6,1999 May 5, 1999 (noon) March 17,1999 (noon) May 19, 1999 (noon) April 7, 1999 (noon) June 2.1999 (noon) April 21, 1999 (noon) Junel6, 1999 (noon) NATURE OF AGENDA ITEM o Administrative o Consent Agenda I:8J Public Hearing o Bids D Announcement D Development Plans D New Business D Legal D Unfmished Business D Presentation RECOMMENDATION: Please place the request below on the June I, 1999 City Commission agenda under Public Hearing. The Planning and Development Board with a 7-0 vote, recommended approval subject to staff comments. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 99-102. EXPLANATION: PROJECT: Mary Wyatt OWNER: City of Boynton Beach LOCA TION: West Ocean Drive DESCRIPTION: Request approval for abandonment of a portion of an alley and service street abutting property at 721 West Ocean Drive. PROGRAM IMPACT: N/A FISCAL IMPACT: N/ A ALTERNATIVES: N/A City Manager's Signature .~ -11' /k-- c._ .:;::> Planning and Zoning Director City Attorney / Finance / Human Resources nSHRDATAIPLANNlNGISHAREDlWPIPROJECTS\WYAlT MARY\AGENDA ITEM REQUEST 6-1-99 CC.DOT DEVELOPl\tIENT DEPARTMENT MEMORANDUM NO. PZ 99-102 TO: Chairman and Members Planning and Development Board j,'i c_ FRO~I: Michael W. Rumpf Planning and Zoning Director DATE: April 12, 1999 SUBJECT: Mary Wyatt- ABAN 99-002 Cordova Way and service street abandonment NATURE OF REQUEST Mary A. Wyatt is requesting abandonment of both a street, originally known as Cordova Way, and service street that abuts her property at 721 Ocean Drive. The attached Exhibit" A" shows the location of the applicant's property and the street segments to be abandoned. The Exhibit "B" shows a detailed sketch of the proposed abandonment. BACKGROUl'H) The Plat of Lake Boynton Estates, approved in 1925, shows Cordova Way as a 50 foot wide street running north and south from Ocean Drive and adjacent to the west side of Block 13 of said Plat of Lake Boynton Estates. The Plat also shows a 15 foot service street bisecting Block 13 and running east and west and adjacent to the North of the applicant's property. In April of 1992, the City Commission approved the Plat of Annoreno Estates, being are-plat of portions of blocks 13 and 14 of the Plat of Lake Boynton Estates. As part of the Plat approval process, the abandonment of portions of Cordova Way and the service street were approved leaving the east half of Cordova Way and the south half of the service street. It is uncertain why only a portion of the unimproved rights-of-way were previously abandoned. However, it is logical to complete the abandonment of these rights-of-way and allow the private use and maintenance of them. It is noteworthy that the southern extension of Cordova Way from Ocean Drive to SW 3rd A venue ( 1 block to the South) has been previously 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 streets and it has been advertised in the newspaper. The utility companies and the city departments' responses to the abandonment request are as follows: Page 2 Development Department Memorandum No. PZ 99-102 ABAN 99-002 CITY DEPARTMENTS Engineering No objection. Utilities No objection. Planning and Zoning No objection. PUBLIC UTILITY COMPANIES Florida Power and Light No objection, subject to granting a 10 foot utility easement that centers on the existing distribution facilities at no expense to FPL. Bell South No objection, subject to no landscaping of the area under which buried cable exists, which is behind the homes and across the right-of-way. Florida Public Utilities Company No objection. Cable Company (Adelphia) No objection. Cable Company (Comcast) No objection. 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 Residential property zoned RIA. Ocean Drive right-of-way and farther south is a residential property zoned RIA. Residential property zoned RIA. Residential property zoned RIA. East West RECOMMENDATION Staff recommends approval of this abandonment request subject to recording of easement(s) required by Florida Power and Light and Bell South. Furthermore, the review by Bell South must be confirmed to have included the abandonment and not just the proposed landscaping desired by the applicant (see Exhibit "C" - Conditions of Approval). xc: Central File l:ISHRDA T A IPlaMinIISHAREOIWP\PROJECTSIWY A 1T MARYIST AFFREP.DOC LOCA"nON MAP ~I" - C~~QVA ~'! ~~NQ~~~~\ " .'V'>' _ ~~~L~\i\B:: . ~- c. '@,~'" ,\""iml~' " . --,~;:)~-j~ __-~~ \.?' Wr\:::;'-:\"~\ ~'" _ ....,-:.::::\fffil\ ~ ;~( " ~ '- ~ · -:c ,,:j'~ \ _.... ~~." c =\ ."- "'" ....--' --- .-. 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AGNES WYATT SCALE' ~OTTO SC~ LI:GAL UI:SCHIPTlON m AlIANOONl:O HIGHr.o~ .WAY A P.olRCEL OF LAND BEING THE EAST 25' OF CORDOVA WAY L Y'NG WEST OF THE WEST LINE OF LOT 12. BLOCK 13 (AND LYING NORTH OF THE NORTH RIQHT.QF.WAYOF OCEAN AVENue I AS SHOWN ON "'E PLAT OF LAKE BOYNTON ESTATES PLAT 1 AS RECORDED IN PlAT BOOK 13 PAGE 32. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA TOGETHER WITH THE SOUTH HALF IS 1121 OF THE 15 FOOT PLAT SERVICE STREET LYING NORTH OF LOT 11 AND LOT 12. BLOCK 13 OF SAID PLAT :;AIO P"RCEL OF LAND BflNG MORE PARTICULARL Y DESCRIBED AS FOLLOWS AU BEARINGS SHOWN HEREON ARE BASED ON THE PLAT OF ANNORENO ESTATES AS !'('CORum IN PI AT BOOK 61. PAGES 1911 & 200 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY flORIDA WHICH SHOWS THE NORTH RIGHT.OF.WAY OF OCEAN DRIVE AS NORTH 90"00'00" weST BEGINNING AT THE SOUTHwEST CORNER OF SAlD LOT 12. BLOCK 13. OF LAKE BOYNTON ESTATES PLAT I THENCE NORTH 90'00'00" WEST ALONG THE NORTH RIGHTOF-WAY OF OCEAN DRIVE (PLAT. OCEAN AVENUE) 2500 FEET TO THE SOUTHEAST CORNER OF LOT 12 OF SAID ANNORENO eSTATES THENCE NORTH 00'00'00" EAST 122 so FEET ALONG THE EAST LINE OF SAID LOT 12 OF ANNO RENO EST A TES ALSO BEING THE WEST LINE OF CORDOVA WAY AS SHOWN ON SAID PLAT OF ANNORENO ESTATES TO A POINT ON THE SOUTH LINE OF LOT 5 OF SAID ANNORENO ESTATES. THENCE NORTH 79'36"43- EAST 76.25 FEET ALONG THE SOUTH LINE OF SAID LOT 5 OF ANNORENO ESTATES 70 A POINT ON THE NORTHERLY PROJECTION OF LOT II BLOCK 130F SAlD LAKE BOYNTON ESTATES PlAT 1. THENCE SOUTH 00"00'00"" EAST 762 FEET TO THE NORTHEAST CORNER OF SAID LOT 11. BLOCK 13. LAKE BOYNTON ESTATES PlAT I. THENCE SOUTH 79'36'43" WEST 50 84 FEET ALONG THE NORTH LINE OF SAID LOTS I I AND 12. BLOCK 13 OF SAID LAKE BOYNTON ESTATES TO THE NORTHWEST CORNER OF LOT 12 BLOCK 13 OF SAID LAKE BOYNTON ESTATf,S1>t.AT I: THENCE SOUTH 00-0000" WEST 119 75 FEET ALONG THE WEST LINE OF SAID LOT 12. BLOCK 130F SAID LAKE BOYNTON ESTATES PLAT 1 ro THE PLllNT (l~ BEGINNING SKETCH OF LEGAl DESCRIPTION NOTA-TURVEY N l. 5 ANNOR~NO ESTATES PLAT S;OK 68 PAGE 1 9 l4 \. \. , 6 12 OCEAN AVENUE (OCEAN DRIVE) lI't 0:.0 l1891at.end 1Md ~ !Or VI\LIO wnn:ll1r rKlOSSEO SI7IL rlodda No. 4299 tll": ... DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Mary Wyatt APPLICANT'S AGENT: Mary Wyatt APPLICANT'S ADDRESS: 721 West Ocean Drive DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: June 1, 1999 TYPE OF RELIEF SOUGHT: Abandonment of alley LOCATION OF PROPERTY: 721 West Ocean Drive 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 LHAS 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 liD" with notation "Included". 4. The Applicant's application for relief is hereby .lL GRANTED subject to the conditions referenced in paragraph 3 hereof. 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:\SHROATA\Planning\SHARED\WP\PROJECTS\WYATT MARY\Oevelop.Order P&O 5-25.doc