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
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John Guidry
Snp- Krusp-
Utility Direotor
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PLAtlNING AND.
ZONING PT.
application was
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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
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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
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I ~OLD FOR NO. 10
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SIGNED
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II WilsonJones.
RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY, PLE.ASF TURN OVER FOR USE WJTH WINDOW ENVELOPE.
44~902. Triplicate
44~904 . Quadruplicate
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SPEED lETTER@
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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.~
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~~~ 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
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REPLY
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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\'
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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
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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
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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
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