REVIEW COMMENTS
7.A.1
FIRST UNITED METHODIST CHURCH
ZONING CODE VARIANCE
- -----_..__.._-_."'-------~~._,----_._._...._._~-------
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-055
STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
Meeting
Date:
February 24, 1998
Petition:
Case No. 248
File No:
ZNCV 98-001
Location:
101 N. Seacrest Boulevard
Owner:
David Lynch (Trustee)
Project
Name:
First United Methodist Church of Boynton Beach
Variance
Request:
Request for a variance from the City of Boynton Beach Land Development
Regulations, Chapter 2 - Zoning, Section 5.G,2.c, to allow a 24.2 foot reduction
of the required 40 foot front setback (a 15.8 foot setback is requested).
BACKGROUND
The subject property is the site of the First United Methodist Church of Boynton Beach which is
located at 101. N. Seacrest Boulevard, (see Exhibit "A" - Location Map and Exhibit "B" - Survey).
The property is located within two zoning districts; R-3, Multiple-Family Residential District on
approximately 80 feet of church property that fronts on Sea crest Boulevard, and R-1-A, Single-
Family Residential District on the remainder of property that extends westward from that portion
zoned R-3. The subject variance is located on that portion of the property that is zoned R-3.
The reason for this variance request is to allow a future expansion of the church; the southern
portion of its sanctuary used in connection with the music ministry of the church. This
expansion, to total 1 ,506 square feet, would square-off the southeast and southwest corners of
the sanctuary, bringing the southeast corner flush with another portion of the sanctuary and
entrance to the church which are currently located 15,8 feet from the property line. The
minimum required setback within the R-3 zoning district is 40 feet. Also a prerequisite to the
planned expansion, is the request for abandonment of an adjacent existing alley (and the
replacement of the alley with a utility easement that will occupy only a portion of the property
currently represented by the arrey). Both processes are occlirring concurrently.
As indicated above, the church currently exceeds the front setback along Seacrest Boulevard
at two (2) other locations. One of these encroachments (the formal sanctuary entrance) is at the
northern end of the front fa9ade and was constructed during the 1940's, prior to the
/
First United Methodist Church
PZ 98-005
Page 2
establishment of the 40 foot front setback standard. The existing setback at this location is 13.7
feet. The second location of encroachment occurred during the 1970's when the church was
expanded. As the R-3 development standards were in place at this time, this expansion
warranted the granting of a variance. The city granted this variance that allowed the building to
exceed the required setback by 24.2 feet (the setback became 15.8 feet from the east property
line).
The following is a description of the zoning districts and land uses of the properties that surround
the church:
North -
Single family homes, zoned R-1-A
Northeast- Parking lot for accountant office and the Blossom Shoppe,
zoned C-2, Neighborhood Commercial
East -
Seacrest Boulevard right-of-way and farther east is the City
of Boynton Beach parking area, zoned Public Usage
South -
Single family homes, zoned R-1-A and R-3, Multi-family
Residential
West -
Single family homes, zoned R-1-A
The City of Boynton Beach Land Development Regulations, Chapter 2, Section 5.G.2 sets forth
a 40 foot side setback for buildings located on properties zoned R-3, Multiple-family Dwelling
District.
The code states that zoning code variances cannot be approved unless the board finds the
following:
a. That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures
or huildings in the same zoning district.
b. That the special conditions and circumstances do not result from the actions of the
applicant.
c. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this ordinance to other lands, buildings, or structures in the same zoning
district.
d. That literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district under the
terms of the ordinance and would work unnecessary and undue hardship on the
applicant.
~
First United Methodist Church
PZ 98-005
Page 3
e. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building, or structure.
f. That the grant of the variance will be in harmony with the general intent and purpose of
this chapter [ordinance] and that such variance will not be injurious to the area involved
or otherwise detrimental to the public welfare.
ANALYSIS
As part of analyzing this request against the above criteria, staff evaluated the impact upon, and
consistency of the church expansion with the character of the existing neighborhood, and
alternatives to avoiding the varian~ request. The existing architectural form of the church was
established many years ago, which, in general, will remain unaltered. With respect to
alternatives to the variance, it is unlikely that the operational needs of the church could be I
accommodated otherwise given the location of the sanctuary on the site. Furthermore, the
church could not be expanded on an alternative side without removing needed parking spaces
on the west side, or further exceeding the side setbacks of 20 feet (that portion within the R-3
district) and 30 feet (that portion within the R-1-A district), The side setbacks on the north side
of the property are currently exceeded by approximately 5 feet and 16 feet, respectively,
Although the side setback is exceeded much less by the church than the front setback, an
expansion to the side of the facility would likely be inconsistent with the current form of the north
side of the church which represents a fairly flush, regular, and consistent form, lastly, although
inconsistent with the modem intent of the R-3 zoning district regulations, the church design (front
setback) is typical of other nearby properties developed years ago within the downtown area,
is nostalgic, and represents a streetscape that the city is encouraging within the downtown and
along nearby Boynton Beach Boulevard.
RECOMMENDA liON
Based on the above analysis, staff recommends that this request by the First United Methodist
Church of Boynton Beach for a variance from the City of Boynton Beach land Development
Regulations, Chapter 2 - Zoning, Section 5.G.2,c, to allow a 24,2 foot reduction of the required
40 foot front setback be approved. This recommendation is contingent upon meeting those
conditions of approval indicated within Exhibit "C" - Conditions of Approval.
MR
xc: Central File
S:\Planning\SHARED\WP\PROJECTS\First United Methodist\zncv\ReportZNCV98-001,doc
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EXHIBIT "A"
4
EXHIBIT "B"
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EXHIBIT "c"
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EXHIBIT "C"
Conditions of Aooroval
Project name: First United Methodist Church
File number: ZNCV 98-001 - front setback
Reference: Zoning Code Variance aoolication submitted January 12. 1998.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
1. Submit a completed unity of title form for all lots owned by church, for
staff review prior to recordation.
2. It is recommended this variance approval be conditioned upon approval
of the church's concurrent alley abandonment application.
ADDITIONAL PLANNING ANDDEVELOPMENT BOARD CONDI-TIONS
3, To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
4. To be determined.
c;
DEVELOPf ~ ORDER OF THE CITY COMM' .... 'I OF THE
en . OF BOYNTON BEACH, FLORIUA
PROJECT NAME: First United Methodist Church
APPLICANT'S AGENT: Robert Hall
APPLICANT'S ADDRESS: 3510 Edgar Avenue, Boynton Beach, FL 33436
DATE OF HEARING BEFORE CITY COMMISSION: 3/3/98
TYPE OF RELIEF SOUGHT: Zoning Code Variance - front setback
LOCATION OF PROPERTY: 101 N. Seacrest Boulevard
DRAWING(S): SEE EXHIBIT "B" 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
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
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 "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ 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:\SHRDAT A\Planning\SHARED\WP\projects\1 st Methodist Church\zncv\DEVELOPMENT ORDER REV-zncv.doc
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DEVELOPMENT DEPARTIvfENT
rvrnMORANDUM NO. PZ 98-98-116
TO:
Mike Pawelczyk
Assistant City Attorney
Tambri J. Heyden, AICP --1f pIcA"""
Planning and Zoning Dire~'t6~
FROM:
DATE:
April 10, 1998
SUBJECT:
First United Methodist Church - resolution
Please review the attached copy of the Unity of Title and easement that is in the process of being
recorded with the Palm Beach Clerk's Office Recording Department with the Conditions of
Approval and the resolution.
TJH:dim
J:\SHRDA T AIPLANNINGlSHARED\WP\PROJECTSlFlRST UNITED METIlODIS1\MP REVIEW DOCS,DOC
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CITY OF BOYNTON BEACH
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MEMORANDUM
- PLANNING AND
lONING OEPT.
RE:
Tambri Heyden, Planning and Zoning Director
Michael 1. Pawelczyk, Assistant City Atromey1;t:;J/
First United Methodist Church
~~'-'.---
TO:
FROM:
DATE:
April 10, 1998
This is in response to Department of Development Memorandum No. PZ 98-116, dated April 10,
1998, and regarding the above matter. With respect to Comment 1 of the development Order,
the legal form of the easement is acceptable. However, the condition states that a copy ofthe
recorded easement shall be provided prior to Commission approval of an abandonment
resolution. The document provided is not a copy of a recorded easement. Condition 2 is
adequately stated in the easement. Should you have any questions, please do not hesitate to
contact me.
ca\deptsplanning\First Methodist memo 1
_._.~,_..,.."..._..-...-..-::...
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,.-
'" M,~ETING MINUTES
pLANNING & DEVELOPMENT cOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 24, 19~8
Boynton Commerce Center - Site Plan - Approved subject to staff comments
and recommendations of the Planning & Development Board.
Ms. Heyden reported that the City Commission would address on the following items that were addressed
by the Planning & Development Board at their February 10, 1998 meeting:
Boynton Beach Mall - Zoning Code Variance for number of parking spaces
Grand Park ALF - Site Plan approval.
B, Meeting date for March 10, 1998 is changed to March 11, 1998 in West Wing
Conference Room "C"
Ms. Heyden confirmed with the members that the only member who is unable to attend the next Planning
& Development Board meeting on Wednesday, March 11, 1998 is Mr. Rosenstock.
6, OLD BUSINESS:
None
7. NEW BUSINESS:
A. PUBLIC HEARING
Attorney Pawelczyk administered the oath to all who would testify in these proceedings this evening.
Zonina Code Variance
1.
Project:
Agent:
Owner:
Location:
Description:
First United Methodist Church ;1
Robert Hall
David Lynch (Trustee)
101 N. Seacrest Boulevard
Request for a variance from the City of Boynton Beach
Land Development Regulations, Chapter 2 - Zoning,
Section 5.G.2,c, to allow a 24.2 foot reduction of the
required 40 foot front setback (a 15.8 foot setback is
required).
Robert Hall, agent, approached the podium and confirmed for the board that he was in agreement with
the two staff comments.
CHAIRMAN WISCHE ANNOUNCED THE PUBLIC HEARING, THERE WAS NO ONE PRESENT WHO
WISHED TO SPEAK ON THIS APPLICATION.
Ms. Heyden had no additional comments.
Mr. Aguila expressed confusion about the request. However, Ms. Heyden confirmed that part of this alley
was abandoned in 1964, and the Church took possession of the entire 20'. Mr. Aguila was concerned
about the west 75' because the back-up information did not indicate that the single-family residence would
gain one-half of the alley being abandoned. It appeared that the Church would get all of the property.
Ms. Heyden advised that the Church owns the single-family house. There will be a Unity of Title of the
house, parking lot, and Church.
2
MEETING MINUTES
PLANNING & DEVELOPMENT buARD
BOYNTON BEACH, FLORIDA
FEBRUARY 24, 1998
Mr. Aguila further pointed out that this request does not meet the conditions outlined in the criteria that
must be met in order for a variance to be granted.
Motion
Mr. Dubs moved to approve the request for a '.'ariance from the City of Boynton Beach Land Development
Regulations, Chapter 2 - Zoning, Section 5.G.2.c, to allow a 24.2 foot reduction of the required 40 foot
front setback (a 15.8 foot setback is required) subject to staff comments. Mr. Myott seconded the motion.
Mr. Aguila said he watched the former Board of Adjustment approve variances that never qualified. He
believes the Planning & Development Board is doing the same thing. He pointed out the need to carefully
review the criteria that must be met to grant a variance. Although he agrees that it makes sense to grant
this variance. this procedure is wrong. He feels the board needs to look at these situations because these
situations weaken the board.
Attorney Pawelczyk recommended that the applicant take the opportunity to speak on this issue to
convince the board that the request is justified.
Mr. Hall advised that in 1976, the Church was granted a variance. The Church now needs this variance to
continue the wall 22' to the south. Mr. Hall advised that he answered the questions with respect to the
variance criteria in the application that was submitted to the Planning and Zoning Department.
The motion carried 5-2. (Messrs. Aguila and Rosenstock dissented.)
Mr. Aguila added that he was opposing this request on principal.
Abandonment
2.
Project:
Agent:
Owner:
Location:
Description:
First United Methodist Church
Robert Hall
David Lynch (Trustee)
101 N. Seacrest Boulevard
Request to abandon a portion of a 20.8 foot wide alley
south of the First United Methodist Church
Mr. Hall advised that Mike Corbett should have been listed as the agent in this request.
Attorney Pawelczyk administered the oath tofMr. Corbett.
Mike Corbett. Architect for the Church eXDansion. understood why the board has some concerns
about the abandonment. However, granting this abandonment will clean up the entire piece of property
and make it a clean "Ln. It will also resolve technicalities that the former variance compounded. The
request for this variance results from the widening of Seacrest Boulevard that eliminated a great deal of
frontage. Mr. Corbett feels that by granting this variance, the site can be cleared of its strange
configuration.
Chairman Wische read the two staff conditions into the record. and Mr. DuM provided Mr. Corbett with a
copy of the conditions for his perusal. Mr. Corbett confirmed for the board that he had no objection to the
two staff comments.
Attorney Pawelczyk recommended that the language in Condition #2 be included in the utility easement.
Mr. Corbett had no objection to this request.
Mr. Rosenstock left the dais.
3
MEETING MINUTES
PLANNING & DEVELOPMENT ~uARD
BOYNTON BEACH, FLORIDA
FEBRUARY 24, 199"8
Mr. Aguila questioned whether the Church is proposing to rezone the property in the future so Ihat it is
zoned one classification. Ms. Heyden advised that the City is not requiring such a rezoning, but will clean
this up as part of the Comp Plan amendments.
Motion
Mr. Aguila moved to recommend approval of the request to abandon a portion of a 20.8 foot wide alley
south of the First United Methodist Church subject to staff comments. Mr. Dube seconded the motion that
carried 6-0. (Mr. Rosenstock was away from the dais.)
Mr. Dube recognized people in the audience who were present for Item #4, Palm Walk ACLF. He pointed
out that these people were not aware of the fact that this item has been postponed.
Attorney Pawelczyk advised that the board would have to take action on this item. However, the applicant
has requested a postponement of this application until the meeting to be held on Wednesday, March 11,
1998. He announced that the meeting will be held in the West Wing Conference Room "C~ at 7:00 p.m.
3.
Project:
Agent:
Owner:
Location:
Description:
Grand Park ALF of Boynton Beach
Gregory Miklos of Miklos and Associates
Norman J. Michael, Milnor Corporation
Southwest corner of SW 13th Street and Golf Road
Request for abandonment of a utility easement on
property located approximately 540 feet east of the
southeast corner of Congress Avenue and SW 23rd
Avenue to be known as Grand Park of Boynton Beach
Greg Miklos, 2263 Northwest Boca Raton Boulevard, approached the podium.
Chairman Wische noted that there are no staff conditions for this application.
Motion
Mr. Aguila moved to recommend approval of the request for abandonment of a utility easement on
property located approximately 540 feet east of the southeast corner of Congress Avenue and SW 23rd
Avenue to be known as Grand Park of Boynton Beach. Mr. DuM seconded the motion that carried 6-0.
(Mr. Rosenstock was away from the dais.)
Conditional Use
4.
Project:
Agent:
Owner:
Location:
Description:
Palm Walk ACLF
Ehasz Giacalone Architects
Palm Walk Associates
SW 19th Avenue
Request for conditional use approval to construct a 48-
bed Alzheimer care living facility to be known as the
Palm Walk adult congregate living facility.
Motion
Mr. Dube moved to table Item #4 to the March 11th meeting. Mr. Aguila seconded the motion that carried
6-0. (Mr. Rosenstock was away from the dais.)
4
7.A.2
FIRST UNITED METHODIST CHURCH
ABANDONMENT
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 98-053
TO: Chairman and Members
Planning and Development Board
THROUGH: Tambri J. Heyden, AICP
Planning and Zoning Director
FROM:
Dan DeCarlo
Assistant Planner
DATE:
February 24, 1998
SUBJECT: First United Methodist Church- ABAN 98-001
Alley Abandonment
NATURE OF REQUEST
Michael Corbett, agent for David Lynch, Trustee of the First United Methodist Church,
located at 101 North Seacrest Boulevard is requesting abandonment of an alley in
conjunction with an expansion of the church. The attached Exhibit "A" shows the
location of property. The attached Exhibit "B" contains a survey sketch of the proposed
abandonment area and Exhibit "C" contains a sketch and legal description of the
portion of the alley to be dedicated for utilities purposes.
BACKGROUND
The subject alley is unimproved. The church owns the property on both sides of the
alley in the area being petitioned for abandonment. A church parsonage is on the south
side of the alley and the north side of the alley is occupied by an educational building
also owned by the church. The part of the alley between the church's sanctuary and
their parking lot on the corner of W Ocean Avenue and North Seacrest Boulevard was
abandoned in 1964 and the church would like to include that area behind the
parsonage as part of their property. For simplicity purposes, the area of the alley
abandoned in 1964 has been included in this application, as well as the new area of the
alley to be abandoned. A concurrent zoning code variance for reducing a required front
setback is also being processed simultaneously.
ANALYSIS
The city departments involved in the review of all requests for abandonment and the
J
Page 2
Memorandum #97-602
ABAN 97-005
utility companies notified of the request are identified below. Public notice was given to
the property owners that abut the alley and 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
Utilities
No objection, subject to dedication of an
eleven foot wide easement on the south
side of the alley.
Planning and Zoning
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
No objection, subject to dedication of an
eleven foot wide easement on the south
side of the alley.
Bell South
No objection, subject to granting a 10'
utility easement for buried and aerial
cable.
Florida Public Utilities Company -
No objection
Cable Company (Adelphia)
N/A
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
United Methodist Church zoned C-2, and farther north is
NW 1st Avenue.
South
United Methodist Church zoned C-2, and farther south is
Ocean Avenue.
East
Seacrest Boulevard; farther east is a city owned parking lot
for the Civic Center, zoned Public Use (PU).
2
Page 3
Memorandum #97-602
ABAN 97-005
West
residential development, zoned R-1A.
RECOMMENDA liON
Staff recommends approval of this abandonment request, subject to the conditions in
Exhibit "0" - Conditions of Approval.
xc: Central File
J:\SHRDATAIPLANNINGlSHAREDlWPIPROJECTSIFIRST UNITED METHODISTlABANlSTAFFREP.DOC
3
EXHIBIT "D"
Conditions of Approval
Project name: First United Methodist Church
File number: ABAN 98-001
Reference: Abandonment application submitted January 12. 1998.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
1. An 11 foot wide utility easement, over the south 11 feet ofthe alley, shall be
dedicated in the public records to ensure access to existing city utility,
overhead power and phone lines. A copy of the recorded easement shall be
provided prior to the Commission adopting a resolution for the
abandonment.
2. No utility company shall be held liable for the repairs to or replacement of,
any portion of any structure(s) and any repairs to, replacement of, or
removal of any structure(s) for the utility company's access to the easement
will be done at the expense of the property owner. In addition, no utility
company will be held liable for any accidents that could result in any injury
or lawsuit.
if
Page 2 of2
First United Methodist Church
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
3. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
4. To be determined.
/bme
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EXHIBIT "A"
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LO~ATION MAP-
FIRST METHODIST CHURCH
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PREP ARED By:
Bo~ Buggee
.the '?urveyor"
P.O. Box 3887
Boynton Beach)
FloridLll) 3342.0
501-732-7877
EXHIBIT "c"
j]
~~,--------_._. - " ._,,"^------' ...- - .-.-- _..._._.._----_..,----.._---~~_.-
C2;:1/1998 14:45
3592255
FAGE 07
,-r#"
BOB BUGGE!
"'lHE SURVEYOR"
POST OFFICE BOX 38&7
BOYNTON BEACH, I1..OIUDA
33424
(561)732-7877
(fax)73~-~801
12/16/97
Legal Oe&crlp~ion for Utility Easement:
A Portion of th~t certain 20,6 foot wide alley ly1n9 in Block B of the
Plat of Boynton Height5 Addition to the Town of Boynton, Florida, as
reco4oed in Plat BOOK 10, pa;e 64, and nore particularly de5cribed as
follows:
The South 11 feet of the above mentioned alley lying East of a line 5
feet East of and pa%:allel with the Ne5t Line of Lot 36, Block 8, Boynton
Heights Addition to Boynton, Florida as recorded in Plat Book 10, Page
64, of the PubllcRecords of Palm Beach County, Florida.
Containing 1565 square Feet More or Less.
and
Subject to Ea$ements and Riqhts of Way of Record.
Please See Attached Sketch of Legal Descriptioh.
II
Ft.GE 8':
C:;:1/1S9S 14:45 3692255
I
I
I
I
I
~l
~ketch of I-eg~l De'?cription
-,- N \VI Ie, t Avenue - .-.-
15' 1.5 25' 100,7'
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PREP ARED By:
Bo~ Buggee
-the 'Jurveyor"
P.O, Box 3887
Boynton Beach)
FloriJ~~ 334Z~
5bl-73Z-7877
C.hur~h ;
/d-
_.__.--------~~-~'_.---_.,--
EXHIBIT "0"
/3
DEVELOPMEN )RDER OF THE CITY COMMISSI ; OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: First United Methodist Church
APPLICANT'S AGENT: Robert Hall
APPLICANT'S ADDRESS: 3510 Edgar Avenue, Boynton Beach, FL 33436
DATE OF RATIFICATION BY CITY COMMISSION: 3/3/98
TYPE OF RELIEF SOUGHT: Abandonment - section of alley
LOCATION OF PROPERTY: 101 N. Seacrest Boulevard
DRAWING(S): SEE EXHIBIT "B" 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
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
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 "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ 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:\SHRDA T A\Planning\SHARED\WP\projects\1 st Methi~urch\znCV\DEVELOPMENT ORDER REV-aban.doc
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 98-053
TO: Chairman and Members
Planning and Development Board
THROUGH: Tambri J. Heyden, AICP
Planning and Zoning Director
FROM:
Dan DeCarlo
Assistant Planner
DATE:
February 24, 1998
SUBJECT: First United Methodist Church- ABAN 98-001
Alley Abandonment
NATURE OF REQUEST
Michael Corbett, agent for David Lynch, Trustee of the First United Methodist Church,
located at 101 North Seacrest Boulevard is requesting abandonment of an alley in
conjunction with an expansion of the church. The attached Exhibit "A" shows the
location of property. The attached Exhibit "B" contains a survey sketch of the proposed
abandonment area and Exhibit "C" contains a legal description of the portion of the
alley to be abandoned.
BACKGROUND
This is an unimproved alley. The church owns the property on both sides of the alley in
the area being petitioned for abandonment. A church parsonage is on the south side of
the alley and the north side of the alley is occupied by an educational building also
owned by the church. The part of the alley between the church's sanctuary and their
parking lot on the corner of W Ocean Avenue and North Seacrest Boulevard was
abandoned in 1964 and the church would like to include that area behind the
parsonage as part of their property.
ANAL YSIS
The applicant's reasons for filing this abandonment and the grounds that support the
request are included in the attached Exhibit "D" - Application. 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
Page 2
Memorandum #97-602
ABAN 97-005
abut the alley and has been advertised in the newspaper. The utility companies (see
Exhibit "E") and the city departments' responses to the abandonment request are as
follows:
CITY DEPARTMENTS
Engineering
No objection
Utilities
No objection
Planning and Zoning
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
No objection
Bell South
No objection (Provided they are granted
a 10' utility easement for buried and
aerial cable).
Florida Public Utilities Company -
No objection
Cable Company (Adelphia)
N/A
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
Property owned by the United Methodist Church zoned C-2,
and further NW 1st Avenue.
South
Property owned by the United Methodist Church zoned C-2,
and further Ocean Avenue.
East
Seacrest Boulevard, and beyond zoned Public Use (PU).
West
residential development, zoned R-1A.
Page 3
Memorandum #97-602
ABAN 97-005
RECOMMENDATION
Staff recommends approval of this abandonment request. If the Planning and
Development Board and/or City Commission impose conditions on the abandonment
approval, they will be included in Exhibit "F" - Conditions of Approval.
xc: Central File
S:\PLANNI NG\SHARED\WP\PROJ ECTS\WOOLBRIOIABAN\STAFFREP.DOC
EXHIBIT "A"
LO~ATION MAP-
FIRST METHODIST CHURCH
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EXHIBIT "B"
02/11/1998 14:45 3692255
PAGE 135
t
,-
':>ketch of l-eg~1 De?cription
N W I'?t Avenue - --
2.5'
25
25'
1O~.7
L-ot 17
~
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PREP ARED By:
Bob Buggee
-the '7urveyor"
P,O, Box 3887
Boynton Beach)
Floria~-1 3342.b
5~1-73Z-7877
Ohlr<;h }
EXHIBIT "c"
82/11/1998 14:45
3092255
PAGE 137
,.,,~. -
~'._'
BOB BUGGSI
'I'tHE SURVEYOR"
POST On'ICE BOX 3S87
BOYNTON BEACH, i'LOlUDA
33424
(561)732-7871
(f'iIoX)7U-~801
12/16/97
Legal Oescrlption for utility Easement:
A Portion of that certain 20.9 foot wide alley lying in Block 8 of the
Plat of Boynton Heights Addition to the Town of Boynton, Florida, as
recorded in Plat BOOK 10, Pa.~e 64, and. more particularly de5cribed as
followli:
The South 11 feet of the above mentioned alley lyinq East of a line 5
feet East of and pa%:.allel with the "est Line of Lot 36, Block 8, Boynton
Hei.ghts Addition Co Boynton, Florida as recorded in Plat Book 10, Page
64, of the ~ub11cRecord8 of Palm Beach County, Florida.
Containing 1565 Square Feet More or Less.
and
Subject to~.sement8 and Rights of Way of Record.
please See Attached Sketch of Legal Description.
EXHIBIT "0"
.r
Re: Alley Abandonment
Attached Exhibit "."-0
First United Methodist Church
101 N. Seacrest Blvd.
Boynton Beach, FL 33435
6. The following grounds and reasons are submitted in support of this application:
The alley is unimproved. The property on both sides of the alley in the area being
petitioned for abandonment are owned by the church. A Church parsonage is on the south side of
the alley and the north side of the alley is occupied by an educational building also owned by the
church. The part of the alley between the church's sanctuary and their parking lot on the comer
ofW. Ocean Ave and N. Seacrest Blvd. was abandoned in 1964 and the church would like to
1flclude that area behind the parsonage. Utilities in alley consist of overhead power lines,
~I~~e lines, c,able TV and a water main. The church is willing to give easement back-to the
~~~tori Beach.
EXHIBIT "E"
~--'-'------' ._---_._._----------~---_._..-
02/12/98 15:01
WPB DIST ENG ~ 5513756259
NO.662 P002/002
@ 8ELI.SOUTH
a,IIs,ueh l,"olllllllllllliuti... IIlC,
Room ~Ol
326 F"n St",t
W..t P,lm allell. Aorida 33401
581 83H355
f.~ 581 B33._
Paller 561 652-2829
P..' S. OMit
Director
February 12, 1998
Mr. David Lynch
United Methodist Church of Boynton Beach
101 N. Seacrest Boulevard
Boynton Beach, FL 33435
RE: Alley Abandonment lying in Block a
Plat Book 10. Page 64
Dear Mr. Lynch:
BellSouth can agree to this abandonment provided we are granted a 10' utility
easement for our buried and aerial cable.
Please contact Larry Mayernik at 561-837-6404 to arrange for this easement.
co: Dan DeCarlo
City of Boynton Beach
Planning & Zoning Department
02/11/1998 14:45 3692255
PAGE 02
.
F=PL
flOfide Power & Light COlllp~ny,9329S. Mi/it''Y Trail. BOYl'ltoll, FL J3436
TO WHOM IT MAY CONCERN,
THIS LETTER IS TO ACKNOWLEDGE THE PETITION TO ABANDON THE 20.8
FOOT WIDE ALLEY LYING IN BLOCK 8 OF THE PLAT OF BOYNTON HEIGHTS
ADD,ITION. AS RECORDED IN PLAT BOOK 10, PAGE 64, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA FPL DOES NOT OBJECT TO THE
PROPOSED ABANDONMENT PROVIDED THE DESCRIPTION FOR AN 11 FOOT
wIDe UTILITY EASEMENT, SAID EASEMENT BEING THE SOUTH 11 FE,ETOF
SAID ALLEY, IS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH
COUNTY, AND FPl IS ISSl)EDA COpy OF THE OFFICIAL RECORD BOOK AND
, PAGE. FPL WILL ACCEPT THIS EASEMENT WITH THE UNDERSTANDING THAT
FPL WILL NOT BE HELD LIABLE IN ANY WAY, FOR THE REPAIRS TO, OR
REPLACEMENT OF, ANY PORTION OF ANY STRUCTURE(S) AND ANY REPAIRS
TO, REPLACEMENT OF, OR REMOVAL OF ANY STRUCTURE(S) FOR FPL'S
ACCESS TO THIS EASEMENT, WilL BE DONE AT THE EXPENSE OF THE
PROPERTY OWNER(S}, NOR WILL FPL BE HELD LIABLE FOR ANY ACCIDENTS
THAT COULD RESUl TIN AN INJURY OR LAWSUIT.
THANK YOU FOR YOUR COOPERATJON,
KEVIN COYLE (561)369.2225
r/~
FPL DISTRIBUTION OPERATIONS TECH.
BOYNTON BEACH
an FPl Groll' cornpa"y
1100 Nortbpoint Pilrkway~' Suite 200
West Palm BeadI, F133407
Saturday. January 10. 1998
David Lynch
First United Methodist
Church of Boynton Beach
101 N. Seacrest Blvd.
Boynton Beach, Fl 33435
RE: Letter or Pro poled Abandonment 101 N. Seacrest Blvd.! South 'P of
the 20'utility euement as mentioned on the attached legal delcription
Cornealt Print No. U!!
Dear Mr.Lynch'
In reviewing your request on the above ref project. Comc&st has no objections
nor conflicts with your proposed plans and does not encroach onto our easements or
otherwise interfere with the provision of service to our customel's.
Should you have any other questions, pl~~e feel free to call me at 1-561-227-7743 I Fax
Numbers - 1-561-227-7746 / e-mail leonard_maxwelJ@Comcast.com.
Sincerely,
~uo~
Leonard Maxwell
Pennit Coordinator
01110/98 1:43:35 PM
cc: Joe Casasanta - Director of Technical Operatims
Scott Swendner - Project Manager
Com Awnais - Construction Coordinator
tim I...eventte -Project Coordinator
Rishi Gosine-c..onstnJ(:~tion Coordinator
Noah Darby - EnBineerin8 Coordinator
BoyntOn BeaM Draw
File
EXHIBIT "F"
Conditions of Approval
Project name: First United Methodist Church
File number: ABAN 98-001
Reference: Abandonment application submitted January 12, 1998.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
I 2. To be determined. I I I
/bme
s:\projects\cond of appr\-aban
DEVELOPMENT~,)RDER OF THE CITY COMMISSlr~' OF THE
CIT. .JF BOYNTON BEACH, FLORIDA
PROJECT NAME: First United Methodist Church
APPLICANT'S AGENT: Robert Hall
APPLICANT'S ADDRESS: 3510 Edgar Avenue, Boynton Beach, FL 33436
DATE OF RATIFICATION BY CITY COMMISSION: 3/3/98
TYPE OF RELIEF SOUGHT: Abandonment - section of alley
LOCATION OF PROPERTY: 101 N. Seacrest Boulevard
DRAWING(S): SEE EXHIBIT "S" 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
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
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 "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ 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:\SHRDA T A\Planning\SHARED\WP\projects\ 1 st Methodist Church\zncv\DEVELOPMENT ORDER REV-aban.doc
DEVELOPMENT DEPARTMENT
MEMORANDUM NO, PZ 98-027
TO:
FROM:
Sue Kruse
City Clerk
Tambri J. Heyden, AICP~.J
Planning and Zoning Director
DATE:
February 2, 1998
RE:
First United Methodist Church
ABAN 98-001
Alley abandonment
Accompanying this memorandum you will find one (1) copy of the application and related
documents for the above-referenced abandonment application. The $500.00 application fee for
staff processing and review has been forwarded to the Finance Department.
A legal advertisement for same has been prepared for the February 24, 1998 Planning and
Development Board meeting and the March 3, 1998 Commission meeting and will be forwarded
to your office after review by the City Attorney. In order for our department to meet the
deadline for preparing Planning and Development Board agenda materials for this request,
comments from staff and the various concerned parties must be received by our office by
February 13, 1998.
Please inform staff of this time frame when distributing copies of this request for comment. If
easier, comments can be forwarded to you with a xerox copy transmitted to our office. Thank
you.
T JH:bme
s:\projects\First United Methodist\aban\legalnot-aban
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice or
Legal Advertisement published and must be submitted to the Office of the City Attorney two (2)
working days prior to the first publishing date requested below.
ORIGINATOR: Plannina and Zonina Division
PREPARED BY: Michael Rumpf
DATE PREPARED:
February 2. 1998
BRIEF DESCRIPTION OF NOTICE OR AD: Abandon portion of allev southwest of the First
United Methodist Church
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.) Standard Leaal Ad for the Plannina and Development Board
meetina of February 24. 1998 and the March 3. 1998 Commission meetina.
SEND COPIES OF AD TO:
Plannina and Zonina Director.
Newspaper, adioinina property owners. applicant and
NEWSPAPER(S) TO PUBLISH: The Post
DA TE(S) TO BE PUBLISHED: February 9. 1998
LAST DATE TO FAX TO NEWSPAPER: February 6. 1998
APPROVED BY:
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(1) Jtf-rr~(/U 51--'. 7 . -~
(Originator) (/
d</4L9F
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
s:\projects\First United Methodist\aban\legalnot-aban
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board and City Commission
of the CITY OF BOYNTON BEACH, FLORIDA, will conduct PUBLIC HEARINGS at CITY
HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida,
on Tuesday, February 24, 1998 and on Tuesday, March 3, 1998, respectively, at 7:00 p.m. to
consider an alley abandonment application submitted by Michael P. Corbett, agent for David
Lynch, Trustee of the First United Methodist Church, located at 101 North Seacrest Boulevard,
in connection with an expansion of the church. Said alley is more particularly described as
follows:
A portion of that certain 20.8 foot wide alley lying in Block 8 of the Plat of
Boynton Heights Addition to the Town of Boynton, Florida, as recorded in Plat
Book 10, Page 64, and more particularly described as follows:
All that part of the above mentioned alley lying East of a line 5 feet East of and
parallel with the West line of Lot 36, Block 8, Boynton Heights Addition to
Boynton, Florida as recorded in Plat Book 10, Page 64, of the Public Records of
Palm Beach County, Florida; containing 2960 square feet more or less and
subject to easements and rights of way of record.
Together with and not excluding the following described property:
Beginning at the West right of way of Seacrest Boulevard and the North line of
Lot 41, Block 8, Boynton Heights Addition to the Town of Boynton, Florida as
recorded in Plat Book 10, Page 64, Public Records of Palm Beach County,
Florida; Thence North along the West right of way of the aforementioned
Seacrest Boulevard for a distance of 5.0 feet; thence West parallel with the North
line of said Lot 41, for a distance of 9.96 feet; thence South parallel with the
West right of way line of said Seacrest Boulevard for a distance of 5.0 feet;
thence East along the North line of said Lot 41, for a distance of 9.96 feet more
or less to the Point of Beginning.
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 the 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.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH: The Post
February 9, 1998
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