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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 3 EXHIBIT "A" 4 EXHIBIT "B" !p - ,----,_.._------_..._.._---~---- -~-~._.~-~_.....__.__....__._._. .----.... ._-_.....__._~_.-_.,.__._.._--'_._-- -.---"..- ,--' ---~- -- -'--"'- '\ :,\ :\ \\ II \~ I \\ \. II 1\ II ; ~ cu ltl c c ... c >- c \f::l ~, - 'J c ..s: -' " u ~ } ~ '.,) 1 ... oS' 1 '-<S c .s:. ~ ... ., ..; ~ " ~ ~ ., ~ ... :5 , ... ~ oS' ,\: u... '2 >- - ., 'S '" 5 oS' ... '5 1CI oS' <t \Ir ~~ '" ' ~i~ i \~ " \'" cj~~OOOZI ~Oi ~--- C' N "'.\'" _ -;- _ _ _ _ _ _ _ _ _ _ _ t;:;8)1(; - ~ 0;) :;> <1 .....@ ,0~ _'1' :~ ~ ~\',r-; \: 'I \ ~ }- l\ \1 I!' , " \ ' ,~ \ ~. ,i 1'1 ! \\ :!..\ '\' ..,' '" \. II I ~ ~ '" .' ,I \\ \: I: . ' _ i;: ?:. .t;~. ~,l. ~ , ,1' :: ;\1 , {' it! !;'l\\\i - " :; ~ \\1 0> . .:!c \11 H\\H .4 { ~ i ~ ~~Hi t~I.\' ~:I \ ~ t :l\hli t"' , /' . ;. ~ ': :=. :.:co; .!~'C?C::: -- ~. ~! ~ U\ . . . 1 ~ P ! ~ 11 \ \ \ .', -=-e-- .000'\ ---- .41- " \ "'.... % WI 10 !; ,4.1t\ ..<S- 4 _ 1 '6;> "" . !I 1\ . \ ! \ '.-J , . ,,~ ,! ,! ~ ! CD 4. .;;u~~1~\:: cl;~~~~~ ~&, O%t<'>~~ "'~:l'c-~f:: tc .!Cl h 21 ._:::....1::.\.l... J'" / :i '" .." c: ~ <;S CD \,) () ~ ~i " .0 C> <" , I }.1\ <1\ ~ ~ ~~.,.\ o. V ~ \ ! ... ~- !} '~{,f" ~., -:'>i ~ ,H !~ 1 ~1 1"-'i~ .~ ~ !'" v<'\:\ 1"} i: !~ .1.,,- ;~ -: ~ 1- ~!~ t~ 'e t 1 ",~.s;?l.!l ~.. '" ; ~t ~o~"- f"- 1 ; :;t t t '" \....l>i~ ~ 1 1 ~:;t ~ t~'61.,,!1':,"1~. ~"t ~ ~ ~~ ~~..'f...:,.~ll~hH\~ '/$1 't t l~~."'li ,":~1~ '/$ ;!'" 0 ",.it"l .,~l- · <! :B <i-l 11!~l\,&\ i \:B ~ 1:) ~ .r' ~~-l -" e Of.... 6~ J .;!~,lto.. i~ ~ d ~.{"'!.u ~ ~ ~ 1; ',' -g!t I~ ~ ~ ,q 1:;'! -.;;' ~ ., ~ -.~~~~ p ~ :; ~ H';{ H i ~~ .!~=~ ~~ ~ ~t -!~~ ~ ~ ~ '" ., .oj .; .,-- A1s ~l~ 1 3~-;i ~ 1~1 ; i i': -0 ~~~.q, 'bl1l ~i~ ~~ ~ \ ~~ ~ ~~~ ~ -.9%'16 ., ~; :i '- _f, ~~ ~~ ~ j;~ '" ; l' '" l .. t <I ~ l' 1. 1., i~ ~ ! i <I . ! ! ooez' ~ " f '" 3 ;;; ___1 f._"' ~ ~ O~~ ,QO~ " ,0 ,e,' -, < ""...' I tf, N -----=.JI--..---' bt.OZ(~ ' ~ -- -~~>- \ \'i '\ 1 I I~ ,:; .t ~ 1 ~-~~~ ~._-~-----~_._-~----------~ EXHIBIT "c" <] 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 /t.J 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 ~ CITY OF BOYNTON BEACH 'In) ~ @ ~ U \11 m ~. IIlli .., o. ~ 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 _._.~,_..,.."..._..-...-..-::... ~.' ,.- '" 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 J:\SHRDATA\PLANNINGISHARED\WPIPROJECTSIFIRST UNITED METHODIST\ABANICOND. OF APPROVAL-ABAN.DOC ---- JJ EXHIBIT "A" ~ LO~ATION MAP- FIRST METHODIST CHURCH J ~ :\ , 'I ,1 ~.....,..~r-r"""'rr L1 " , -_~n ~n 1. .--- ---. - -----. --- - -~-- . I 1:;1 r~~ d: r.::r...;;;; ft b' ] ] I" p. U . ---=*=". ,,.t- - i ,::1";1'.- r '-- , --.- - '-1: Jl_!~'- J"""'R" hI -=)''''- : , ' " , .- ~ , ! ,~ o 1/8 I 'I'll \ \ I \ \ '. '0 400. . 800 FEET I tV " - \ . , I '~I _.__ ..__~,~_.__. _ ~_.___,_____---.Ilo.!!-_~___~____~=_ . ":" l' lS- -- J 1 -v-"-'-~5' il , ..--....-.~..~---, " ~.!l:~..... ~- 'f I ;; 1 - '.1 ~-:--=-\--:--;/' ;l; ;. .' .---~J . -, -'--'t.=--= r ' , "! I _ _ _ _~~_ _:~.. '_==:,' ~~_~.' ~.~._ i EXHIBIT "B" ~ = ~ -.:::s::. \,) C) cD z: i Church:; c:.;ketch of Leg~1 De':>cription -'- N W I':>t Avenue- -.- 15' 15' 15' 106.7' ."" 1.-ot 17 \ g 1.-01 14 1-01 I' ;-Oh ""IS ~ '> ~ ~ lC ... L-ot 11 ~ e 14L'i4' ~ 0 7.. ~ r:L )C iQ \f\ ~ ~ x x X A XX ~ )lI )()c <:) >- )< x X A )( x N 1:5 J<. X ~ Vilg 141.51' - r Aloy to ire AirandOnctf J l) ... I2~O ?~e Feet + - -it <> iS2 ~ ... f' t 0 ~ ~ L.Dt " b. ~t~~ &f'\ ~ j . - l) ,! /' ~ ... .,. 25/ ~ 0 -40.6' %5' 15' '1.5' ~ -. -. - Oce~n Avenue - q .1_.- I I ~ L 'S > (b =x F ~ cD ~ z ~ \f\ ~ L \,) 'S ~ ~ I I I 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' Lot 17 I ~ l.ot 14 l,o't I' \ ~ "'" 'S Is , .5 L ~ ~ > :tD Q) t..c't 11 \ 1"- :3 I " Ii CJ ~ .... f4lL ~. 1- ~ ~ Z -X:: ~ . ~ \.) \;) 21~ ~ C) ~ "f\ cD \42. . Q) I ! F oct LJdily EQ~OIlI~nt L 1%.5 ?~~ f,e1 't - \...) (j S" ('S I \)l ~ ... <t) ! ... \}'\ t I \:l ~ i, ~ L-~1 41 ) I Lt>'t % ~ j - ~ \ ~ +a \ t <40,6' t~' 2,5' '1." 'If/ ~ -' -' - OGe~n Avenue - 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 ~JI I{' PU1.. ~G.Ji. ' J l' -\\ ' , ' I i l......TTT;1'TfT'TfTT.'... I,:\! ';'. .., .. _.. , I I I ' 1[\1 I 1 ' i ;-l J ~- ~._- --r., g:V'llN.To../V CAn. I ~.I'" ~~_:.J .'- .. __ ---__.___.~' ',".d.' __.. -/ i . ,\ ' " l i III I'" : '! I ~;'! I III I' . ~ ~ :.' =- u I ';;' ;T'li"iL ,....E ~ PU IIIIIIIIIJTI~~~~:;,P) ~ ~ '<lO~ t;:::"',~~"r~~H"'!I;;I'm " ',:,; [11.';\ ~T~r~4~~7<; .. ~'~;~":~ ,~ ~ ,I i r I I I I ..l.o .I.l.l..!' ~~..... L-' ~ ~.' __ i '.. :~_l.," '~ ,',' ,i' I ,I " ",:, I' _ ._ ,....., __u_ tlJ I I : i:f..;. 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Iii' ,,:j~'i!'i f~~i I-I~ ,III; '0 [; " : ,_ e " \ .. . ,,' ~~ ~ '~........ ~ .. \ \,1 1..rliillL~l"~ I'Fe::.., ~iL'! !,', i_U~lli~Ej., ~R ~C :,1 ~' =:;=H..:~':l ',,~,,-::,.: - r'/ 1\ II t-i .~ C~,~ r . ;' '..,~ PJ '" u , ' 'rl'rr r " l ....~:...-. nr:; ;==:.! i I r ,'1,' I I.' '. i I . 'i' I II.. .....,... +y \ ~ I '~. ___. . ____ !..-. _, , 1'\-- \\;\:\ ti:1 ; i'-' '~-, --.It... c.L . ~~. _1J.i. ,',~ I" Ii 1 I ;' - .~~- -~rl ---, 'i /- -., l' rn ,.ll:~ "T "U-i~ I .1' f ~~~--_.~! I: -- '...~+ ~~~' ;L: ! \ \ -'~' -~ - .- 'dl~ - -,'-, , ~ - . "'.1 \ ...--J ii, , '.' ~ '~, -' i 1: ' . L" .::: l " , -~-" ~ --- I a RIll!;; - r..:--+- ~-=--:; .:3 t l' I r-'~ 1 . "I~.- '-,' _.....,~ 11"":: - I' ;. ;.. -., - ._- - I ; I \ I--~--B L...I...... ti. t-I. : ' , '.. ') I,! ' , I .: \ ' - .. . _ It ... - ..--".' \ ' 1&.. .~ 1;>[ ~c~_'_'I f -- 1 'TTI!"" : ~ Q- 1=1 t.~ l.. -" J ~ r- r - - - . n" .r A I e ~t r ,~ 'r . I~j\ \ ".01'11111/18, MILE'St/ ll. 3\ .... ~. : ~ jft::-~ =:~ /1,':: \ \ , . G ~.- IF.: =j U ) I~ 1'1 I ~J f~ ~~J\\\\II 'O~.40~O:_~~~f~~T P:~crlt~j I -~.~~Li~~llJlk~,r , . , . I ~ lill [ill. .!J: 'I) 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 ~ i I ~Lot 14 lot I' t::! "'" \S 's ~ L ,~ r;:s ::> l~ \\) L-ot 11 I :3 I ,~ J a r- I~l.~' LG ~ :-.X:: ~ Z \.) 0 2 ~ .p C) '"" l~ "f\ <D 14 Q.) I I foot LJdily Ea~ClI1l~nt t.. 1%,5 '?~.:re F ,el ... - I..) t(j :g'l '\:S ~ ~ It) ..2 ~ jQ ;i, L-o't ,,- C. I '~ j ..' .. ,.--' .... ':l. I .e -1 +& I ~ <W,O' t~' t5' '2!;l ~ -. -' - Ocean Avenue - 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: /.l I.' ~A_ (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 S:\SHARE\PROJECTS\First United Methodist\aban\LEGALNOT -aban