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REVIEW COMMENTS DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM NO. PZ 98-187 TO: Chairman and Members Planning and Development Board /'1 (.;/Z- Michael W. Rumpf Acting Director of Planning and Zoning /7c--'/C. #-- Daniel DeCarlo Assistant Planner THRU: FROM: DATE: August 7, 1998 SUBJECT: Lake Addition Alley Abandonment ABAN 98-005 (Bauer Family) NATURE OF REQUEST Rosa A Bauer, Trustee for the property located at 811 North Federal Highway, is requesting abandonment of the following easement segment: . 20,18 foot wide alleyway lying westerly of and adjacent to lots 12, 13, 14, 15 and 16, less the east 17 feet of lots, Block 1 of the Lake Addition, a subdivision of Boynton Beach, according to the plat thereof on file in the office of the Clerk of the Circuit Court, in and for Palm Beach County. Florida in Book 11, Page 71 of the Public Records of Palm Beach County, Florida, A garden supply store currently occupies the property abutting the alley, The attached Exhibit "A" is a location map that shows the general vicinity of the alley right-of-way and legal description of the portion of the easement to be abandoned, Exhibit "B" is the site plan of the existing property, Approval of this request will allow the applicant to effectively move the rear setback line twenty (20) feet in order to facilitate redevelopment of the property, (There is currently a contract for the sale of the property, but the planned use for the property has not been disclosed.) The City Commission approved the abandonment of adjacent portions of this alley on August 4, 1998 and on June 1, 1993 (see Exhibit "A"), Both the city's Utilities Department and Bell South require easement rights to the alleyway once it is abandoned, This is effectively dealt with in the conditions of approval, whereby the applicant must show that this easement is recorded prior to final approval of this request. I Page 2 Memorandum No, PZ 98-187 ABAN 98-005 ANALYSIS Public notice has been given to the property owners that abut the right-of-way to be abandoned, and has been advertised in the newspaper. A summary of the review by the utility companies and city staff is as follows: CITY DEPARTMENTS Engineering No objection, Utilities The Utilities Department recommends this alley not be abandoned unless an easement is granted, It contains an existing gravity sewer and continued access is necessary for the continued access, maintenance and repair of the sewer. Planning and Zoning No objection as long as conditions of approval are met. PUBLIC UTILITY COMPANIES Florida Power and Light No objection Bell South No objection, subject to dedication of a twelve foot wide utility easement on the west side of the alley, Florida Public Utilities Company - No objection, Cable Company (Comcast Telemedia, and Adelphia) 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 - Commercial property zoned C-4, East - Federal Highway and farther east, commercial property zoned C-4, ~ Page 3 Memorandum No, PZ 98-187 ABAN 98-005 South - Commercial property zoned C-4, West - FEC railroad and farther west, property zoned M-1, RECOMMENDATION Staff recommends approval of this request, subject to comments included in Exhibit "C" _ Conditions of Approval, based, in part, on the lack of need for this alley and, in part, on the impact this may have on increasing development potential on these lots along this portion of U.S, #1, xc: Central File S:\Planning\SHARED\WP\PROJECTS\lake Addition Bauer\A.BAN\staff report-baueraband.doc 3 EXHIBIT "e" Conditions of Approval Project name: Lake Addition alley abandonment (Bauer) File number: ABAN 98-005 Reference: Application dated June 9. 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: I. Record an easement satisfying perpetual access requirements of both Bell South and the City of Boynton Beach Utilities Department. Access To said easement shall remain unobstructed unless otherwise approved by Bell South and the City of Boynton Beach Utilities Department, ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2, To be determined, ADDITIONAL CITY COMMISSION CONDITIONS 3, To be determined, to DEVELOPME'O-LT ORDER OF THE CITY COMMISf - \N OF THE Cl. ( OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lake Addition alley abandonment (Bauer) APPLICANT'S AGENT: Mike Bauer APPLICANT'S ADDRESS: 617 N.E. 8th Avenue, Boynton Beach, FL 33435 DATE OF CITY COMMISSION PUBLIC HEARING: August 18,1998 TYPE OF RELIEF SOUGHT: Alley abandonment LOCATION OF PROPERTY: 811 N, Federal Highway 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 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 "C" with notation "Included", 4, The Applicant's application for relief is hereby L 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:ISHRDATAIPlanningISHAREDlWPIFORMSIDev, OrderslDEVELOPMENT ORDER REV,doc 7 ii I 1)4)1/ A~ c::L r... tV\. ; .,.,dJ~--r f p(..."",,<;.e C~'fl~-t,,- lid- 'i C5 fc,6r/.s h Yr?e<1.'( c-f ,"-'yt !<'<^YP"= rf;- /k ~~~ i f R- c;?,y _ ~ /+rr0C"""",+-C_d ((' \ A-<-vG ~ c.~4 f /3..- d5:,,~ ? -;k>5cG- 0l~.f-- ~r"'-,/.:5-, r-r : L' . d c<--;!2::.-I . .-ry C:o-n[? "",, 6,.;/-r/-. ,R:-P-: r..x>---I' ~.e- ~.5 <f-/>Si j, S c<<:: ; I' d,.~, 1--"'~,'.5,. -hI/ 6 ~~ -./,f'f;;~ Yle~,(}.s _ fi: r<< h~s K 4'-"" --fb . e-5~-/,{ "4..5C""-~ -/-- -/tr f'<"=s ,,/-1'. " g-((-ff{ 7-;:a, v<!' ('" I( t'--cO.---v----+ /<I.. r Q'Y">-> ,...... ~ '^-- f- s; \. SPEED LETTER@ FROM TO John Guidry Snp- Krusp- Utility Direotor ,,",~m ! PLAtlNING AND. ZONING PT. application was , ' SOO~CT Pllnninq & Development Meetinq 3uI 14 1998 FOLDNQ.9or10 MESSAGE Attached is a copy of an apl-'lic2.tion for abandonment. T e qllbmi t-t'pn At-,t- hPnp MClnra pll:';)';;f:' r~",....i;)w ?!nd ;lrhri~p of ynllr Tt:)C!omnu;)nrblt'; {')n~ DATE SIGNED ,j' / -' ";."'/, " ~ ~ ~ o u :l i! .. j ~ '" .. t o ; " ~ u for approval or disapproval in ilCCOI'dance Hith Chilpt:er 22. Article Ill, See 4 of the Boynton Beach Code. e:r Ordinanc:~~_ Plpase respond to the Plannins Dept by July 2, 1998 ',lith a oopyto this offioe. REPLY w~: re.;,~.onlln~nd thL" aIle} NuTbbe i1jal1d~)!wd ,it th1S cimt~.. It ~ontain~:1 an exiBting gravity se.wer ~l.nd is nece,');Jdry tor [:1<2 cGaCinU8d acct:::.;.i<:;.1 maintenance, and repair 0::: the i.:il'~'w~r c FOLDFOANO.9 I ~OLD FOR NO. 10 /' /\ DATE SIGNED ?< .1 II WilsonJones. RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY, PLE.ASF TURN OVER FOR USE WJTH WINDOW ENVELOPE. 44~902. Triplicate 44~904 . Quadruplicate ~ Bulent Kastarlak ------- -----_.._.._~- ill rr; (j;) r.; r , D Lr: 1l'1 Ie !: .'.__:_.~, i , JI.'! '- 11 r, i - --..-.. .-.---------- SPEED lETTER@ TO FROM Sue Kruse Birector. ()i Devel~meg:L_ ___________. ___ . DEPARTMENT OF DEVELOP",; '.' _Ci ty_ Clerk ____ SUBJECT Planninll'__...._!:te.y..elQP.ID..ent Boax:c;LN.e_e_t.ing_~:ugus t_..11. '-- 1998 -FIIIIINO.9ull~ MESSAGE Attached is a copy of an application for abandonment(see legal description _---'illd....s.ketch. _M..t.achedl __'rhe._application waiL.S!Lbmi tted b:l--ROS,L~auer. --.l'lease____ accordan~_e...JYilh__Chap-t.er 22, Arti.clELllJ,-,---.S.e_c__4_Q:L_.thg, J30yn ton Beach CQ9.~ ~ -< ~ = Q U U < __.___ i! @ ~~~ and~ise_~f_YQ~recQmme.nd~tion for approv~l or disapproval in ----.!L.f _Qr.dinance~___.Re spQnd to tll"'.J:>lann.ing De-!Lart..Il1~!1t_D.Y Jul-y-..ll.." 1..998. wit~_ j --.- ____DATE ~f...'2.J.L9.8... SIGNED ~ ~~</),-, i . -.. ----....-----------.------- ~ .__.c.~..t;Q_this o.fLice REPLY "tl~ FIIR ';l' f-'rdJfIlR;e< -- -------- .,-~~-,--~'-- DATE .....~..._.-.~~-~.,~.<.,.". - __ SIGNED ~ WilsG~Jones, SENDER: DETACH AND RET,'IIN YF[ l (1\N ~nPI Sl!'in "h,l:': ':'r~D,' ~~i\ ':'O:>:fS RfO"iEr-F' 9tTl\IN WHITe: ~:(]P", j~FTUR:~ ;':~!K COP\' 44-902 .Trl~i1c~te 44~904 . Uu;:rir'jphcate AP2LICATION ACCEPTANCE DATn, FE.';: PAID: RECEIVED BY ST)\"'1;' MEMBER RECEIPT NUMBER. APPLICATION TO ABANDON/VACATE BOYNTON BEACH PLANNING DEPARTMENT APPLICATION INFORMATION FORM NOTE: This form must be filled out completely and applications submitted to Planning application are required,) accurately and must accompany all and Zoning (Two(2) copies of PROJECT NAME: Owners seeking additional square footage to abutting property. AGENT'S NAME: AGENT'S ADDRESS: AGENT'S PHONE: AGENT'S FAX: OWNER'S NAME: (or Trustee's) ROSA A, BAUER, TRUSTEE OWNER'S ADDRESS: 617 NE 8th Avenue Boynton Beach, Florida 33435 OWNER'S PHONE: (561) 733-2964 OWNER'S FAX: PROJECT LOCATION: 811 North Federal Highway, Boynton Beach, FL 33435 (not legal description) CORRESPONDENCE ADDRESS: * (if different than agent or owner) same as above . This is the address to which all agendas, letters and other materials will be forwarded. 1 APPLICATION TO ABANDON/VACATE The: undersigned, pursuant co Ordinance NO. 76-27 of '. .; City of Boynton Beach, Florida, hereby applies to the City Commission to vacate/abandon, and discontinue the, (check one) : X ALLEY STREET SPECIAL PURPOSE EASEMENT OTHER NONFEE INTEREST OF THE CITY as described in attached Exhibit "A", and to renounce and disclaim any right of the City and the public in and to any land in connection therewith. Said application is to be filed with Planning and Zoning in duplicate and applications involving more than one of the above listed non fee interests shall be filed separately, Each application so filed shall be complete in every respect. The undersigned hereby certify: 1. That a complete and accurate legal description with the specific property interest sought to be vacated or abandoned, including where possible a plat map or drawing showing the general area and location involved, is set forth in Exhibit "A" attached hereto. 2, That the title or property interest (check one) : ( X ( ( interest of the City and the public in and to the specific described above was acquired and is evidenced by, DEED (SEE EXHIBIT "B" ATTACHED) DEDICATION PRESCRIPTION Recorded in Records of Palm Offi-eial Record Beach County, Florida. Book 6895 , Page 562 , and Public ), That no similar application has been considered by the City at any time within six (6) months of the date hereof, and should this application be granted, such abandonment and vacation will prevent no other property owners from access to and from their property and not other property owners in the vicinity will be adversely affected, 4, That the above described property interest is under the control and jurisdiction of the City Commission of the City of Boynton Beach, Florida; is not a part of any state or federal highway system; and was not acquired or dedicated 'for state or federal highway purposes, 5, That the following constitutes a complete and accurate schedule of all owners and occupants bounding and abutting the property interest described above, 6, Labels and/or addressed envelopes for property owners and 1st class postage (stamps or pay for required postage) . NAME ADDRESS See attached list of owner and legal description and address of abuttinR property owners. 2 7. Verification from each affected or potentially affected utility company that they have no interest in the vacation/abandonment, or, if they have present or future interest, proposed easement documents protecting their interests. (See attached Utility. Company list) 8, Obtain a survey of the street (or easement), 9, Obtain a title opinion (ownership and encumbrance report) from a title company, 10, That the following grounds and reasons are submitted in support of this application: Owner seeks abandonment of Alleyway to add additional square footage to allow enhancement of development. (see attached City Resolution R-93-79 wherein. the City previously abandoned portion of subject Alley abutting Lots 4, 5 and 6, Block 1, Lake Addition, Plat Book 11, Page 71, Public Records of Palm Beach County, Florida. DATED: 0- 9 9,~ APPLICANT(S) NAME (PLEASE ~~B~e~ SIGN) ADDRESS , - 617 NE 8th Avenue Boynton Beach, FL 33435 STATE OF FLORIDA COUNTY OF PALM BEACH The above named applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated that ~ he _ are/is the applicant (s) in the foregoing Application to Abandon/Vacate; that they have read the same and that the facts therein set forth are true and correct to the best of their knowledge. S:\PLANNING\SHARED\WP\FORMS\APPS\ABAN\ABANDON-2/9B.WPD - My Commission Expires: 3 ~ 'l~~ t!. '" ",. "{,~' ~~ .A/tINOIS Cod' ~'" : '- I ~ -- : / 17'- 2 -:2.D.J7"j;1l', I --;:-:. f.41d;HIG , . " ro a., - , 11. I. f 'f } .f- ~I ~ ~ ';, ,. ~ ~ 20 f~~' r " W I - ,J ,~ .8 IT. J;\ " X , 21 " ::[ .. - 0 '... . 2/ ~ 27 I ~ It '-'Y , - L-.J . t . . .~~ >r I " , . -' , , " ,.., . ~ . ) ~ '- '- .,:81 ,JO, " rE,NNES:: lor I~ :0 Jj}1 J':: ~I-. -- d ! 'r 1""7 2Z. - ~ ~, -, 3' ...... , / .. , I' .J~, .,0/,..' .... '. ~7 . \, r ,~ .. I .,~" ~ ,9' ,~ I J .~...... "1\ 1(,.1 'hi. ( zLL ~ L (I\,-H[.l :f"~:. p~ 1 ~ . lbi. . '"'" 18 A~ SOUR HALL r: 0 N D:; .-1;.. I ZO,.. .""..-' COt' ... .... " 4 J, 9 , It.. 13RO^'JWA Y I ------~._- 3' 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, August 11,1998 and on Tuesday, August 18,1998, respectively, at 7:00 p,m. to consider an alley abandonment application submitted by Rosa Bauer, located at 811 North Federal Highway, to allow enhancement of development. Said alley is more particularly described as follows: LOTS 12, 13, 14, 15, AND 16, LESS THE EAST 17 FEET OF LOTS, BLOCK 1, LAKE ADDITION, A SUBDIVISION OF BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 11, PAGE 71, SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD, 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 July 27,1998 S:ISI'IAREIPROJECTSILake Addition.BauerlabanILEGALNOT.aban