AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
August 18,1999 (5:00 p.m.)
D September 21, 1999
~ October 5,1999
D October 19,1999
D November 2, 1999
September 8, 1999 (5:00 p.m.)
D July 20, 1999
D August 3, 1999
D August 17, 1999
D September 7, 1999
July 7, 1999 (5:00 p.m.)
July 21,1999 (5:00 p.m.)
September 22, 1999 (5:00 p.m.)
August 4, 1999 (5:00 p.m.)
October 6, 1999 (5:00 p.m.)
October 20, 1999 (5:00 p.m.)
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
I:8J Public Hearing
D Bids
D Announcement
D Development Plans
D New Business
D Legal
D Unfmished Business
D Presentation
RECOMMENDATION: Please place the request below on the October 5, 1999 City Commission agenda under Public
Hearing. The Planning and Development Board with a unanimous vote, recommended approval subject to staff and utility
companies comments. For further details pertaining to this request see attached Department of Development Memorandum
No PZ 99-229.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
ECKERD DRUGSTORE
Donna West, Carnahan, Proctor & Cross Inc.
BoyntonlFederal Development, Inc.
Northwest comer of Federal Highway & Boynton Beach Boulevard
Request to abandon a 20 foot wide segment ofNE 4th Street between Boynton Beach Boulevard and NE 3'd
Avenue.
PROGRAM IMPACT: NI A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
City Manager's Signature
Acting Director of Development
'-/'~ -C/ 7</ ~
Director of Plann~ Zoning
City Attorney I Finance I Human Resources
\\CIfIMAlJ\'.SHRDA T A\PLA~'KING\.sHARED\\I"'P\PROJECTS\ECKERD DRl:GSTORE ABA"'\AGE~A ITEM REQUEST CC 10-5.99 DOT
DEVELOPMENT SERVICES DEPARTMENT
MEMORANDUM NO. PZ 99-229
TO: Chairman and Members
Planning and Development Board
I!h~&-
THRU: Michael W Rumpf
Planning and Zoning Director
FROM: Daniel DeCarlo
Assistant Planner
DATE: September 24,1999
SUBJECT: Eckerd Abandonment (ABAN 99-003)
NE 4th Street
NATURE OF REQUEST
Donna West of Carnahan, Proctor & Cross, Inc., agent for Gary P. Eldelstein of Boynton
Federal Development Inc., property owner, is requesting abandonment of a portion of the
NE 4th Street right-of-way located between Boynton Beach Boulevard and NE 3rd Avenue,
which is also described as follows:
. A portion of that certain 20.00 foot right-of-way lying between blocks 7 and 8 of
"Roberts Addition to the town of Boynton Beach" as recorded in plat book one at page
51 of the public records of Palm Beach County, Florida, being more particularly
described as follows:
Begin at the northwest corner of lot 2 of said block 8; thence run south 00 degrees 00
minutes 00 seconds west along the west line of said block 8 for a distance of 289.99
feet to a point lying on the north right-of-way line of Boynton Beach Boulevard; thence
run north 88 degrees 55 minutes 15 seconds west along said north line for a distance
of 20.00 feet; thence run north 00 degrees, 00 minutes 00 seconds east along the east
line of said block 7 for a distance of 289.99 feet to the northeast corner of said block
7; hence run south 88 degrees 55 minutes 15 seconds east along the south right-of-
way line of Northeast 3rd Avenue for a distance of 20 feet to the point of beginning.
Those parcels adjacent to the subject right-of-way are being purchased and assembled for
the development of an Eckerd Drugstore. A site plan for the project, showing the planned
establishment of all required easements and necessary relocations, is being processed
concurrently with this abandonment request. The attached Exhibit "A" is a survey that
shows the location of the right-of-way and includes a legal description for that portion of
\
Page 3
Memorandum No. PZ 99-229
ABAN 99-003
the right-of-way to be abandoned.
Florida Power and Light, Bell South and Florida Public Utilities Company all require
easement rights adequate to preserve utilities within this area. This is effectively dealt with
in the conditions of approval, whereby the applicant must show that such easements are
established prior to final approval of this request.
ANAL YSIS
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 as follows:
CITY DEPARTMENTS
Engineering
No objection.
Utilities
The Utilities Department has no objection
subject to the developer relocating all
water and sewer lines to a new utility
easement in accordance with the new site
plan prior to finalizing the abandonment.
Planning and Zoning
No objection as long as conditions of
approval are met.
PUBLIC UTILITY COMPANIES
Florida Power and Light
FPL has overhead facilities in the alleyway
that will need to stay to provide service to
the existing Bud's Restaurant, therefore a
ten foot easement will need to be granted
to FPL.
Bell South
BellSouth has existing facilities in the
right-of-way of NE 4th Street. BellSouth
will agree to the abandonment provided
they are reimbursed to relocate their
existing facilities and granted an
easement for the replacement facilities.
c..
Page 3
Memorandum No. PZ 99-229
ABAN 99-003
Florida Public Utilities Company -
FPUC has existing gas facilities within
The area proposed to be abandoned.
They object to the abandonment unless
all relocation expenses are paid and a
Separate easement is granted.
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.
North -
Commercial property zoned CBD (Central Business District) .
East -
Various commercial uses zoned CBD, and farther east, Federal
Highway.
South -
Commercial property zoned CBD.
West -
Bud's Chicken and Seafood and farther west the FEC railroad.
RECOMMENDATION
Staff recommends approval of this request, subject to comments included in Exhibit "8"
- Conditions of Approval.
xc: Central File
S:\Planning\SHARED\WP\PROJECTS\ - staff report-eckerdaban.doc
~
EXHIBIT A
... ..
SKETCH AND LEGAL DESCR1PT1ON
BY
PULICE LAND SURVEYORS, INC.
5381 NOB HILL ROAD
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777 . FAX' (954) 572-1778
E-MAIL.Sl.olrveys@pullcelo.nolsurveyors.coM CERTIFICATE OF AUTHORIZATION #LB3870
I
T
LEGAL DESCRIPTION: RIGHT-OF-WAY VACATION
A PORTION OF THAT CERTAIN 20.00 FOOT RIGHT-OF-WAY LYING BE~EN BLOCKS 7 AND 8 Of'
.ROBERTS ADDITION TO THE TOWN OF BOYNTON BEACH" AS RECORDED IN PLAT BOOI< 1 AT PAGE 51 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOllOWS:
BEGIN AT THE NORTHYtEST CORNER OF lOT 2 OF SAID BLOCK 8; THENCE RUN SOUTH 00 DEGREES 00
MINUTES 00 SECONDS WEST ALONG THE YtEST LINE OF SAID BLOCK 8 FOR A DISTANCE Of' 289.99 FEET
TO A POINT LYING ON THE NORTH RIGHT-OF-WAY LINE OF BOYNTON BEACH BOULEVARD; THENCE RUN
NORTH 88 DEGREES 55 MINUTES 15 SECONDS YtEST ALONG SAID NORTH LINE FOR A DISTANCE OF 20.00
FEET; THENCE RUN NORTH DO DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF SAID
BLOCK 7 FOR A DISTANCE OF 289.99 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 7; THENCE RUN SOUTH
88 DEGREES 55 MINUTES 15 SECONDS EAST ALONG THE SOUTH RIGHT-OF-WAY LINE Of NORTHEAST 3RD
AVENUE FOR A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 5.800 SQUARE FEET. MORE OR LESS.
NOTES:
1) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY.
2) BEARINGS ARE BASED ON THE WEST LINE Of' BLOCK 8
BEING SOUTH 00 DEGREES 00 MINUTES 00 SECONDS YtEST.
S88'S5WE
20.00'
N.E. 3RD AVENUE
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SOUTH RIGHT-Of-WAY LINE
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NORTH RlGHT-Of'-WAY LINE
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BOYNTON-BEACH BOULEY ARD
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ALE: UNIVERSAL REALTY
SCALE: 1--100'
ORDER NO.: 37850
DATE: ~UL Y 9, 1999
RIGHT-OF-WAY VACAll0N
BOYNTON eCH. BLVD./N.E. 4TH ST.
FOR: UNWERSALREALTY
John F. Pulice. Reg. Land Surveyor #2691
Michael Charles Flynn. Reg. Land Surveyor #3281
Jay Keri, Reg. Land Surveyor #5721
State of Florida
4-
EXHIBIT "B"
Conditions of Approval
Project name: Eckerd Abandonment
File number: ABAN 99-003
DEPARTMENTS INCLUDE REJECT
CITY ATTORNEY
Comments: NO OBJECTION (VERBAL RESPONSE) X
ENGINEERING DIVISION
Comments:
1. No objection subject to approval from all other utilities. X
UTILITIES
Comments:
2. Relocate all existing water and sewer lines to a new utility easement in X
accordance with the approved site plan.
BELLSOUTH TELEPHONE COMPANY
Comments:
3. Reimburse to locate existing facilities and grant an easement for same. X
Reimbursement for relocation shall be arranged between the utility and
applicant.
FLORIDA PUBLIC UTILITIES COMPANY
Comments:
4. Reimburse to locate existing facilities and grant an easement for same. X
Reimbursement for relocation shall be arranged between the utility and
applicant.
FLORIDA POWER AND LIGHT
Comments:
5. Reimburse to locate existing facilities and grant an easement for same. X
Page 2 of2
Eckerd Abandonment
DEPARTMENTS INCLUDE REJECT
Reimbursement for relocation shall be arranged between the utility and
applicant.
PLANNING AND ZONING
Comments:
6. The conditions of all utility companies shall be addressed prior to final X
approval of the abandonment.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
7. None X
ADDITIONAL CITY COMMISSION CONDITIONS
8. To be determined.
J\SHRDATA\PLANNING\SHARED\WP\PROJECTS\ECKERD DRUGSTORE ABAN\COND. OF APPROVAL CC 10-5-99.DOC
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 99-190
TO:
FROM:
Sue Kruse
City Clerk
I A..
,.;' n *,r-
Michael W. Rumpf
Director of Planning & Zoning
DATE:
September 3, 1999
RE:
Eckerd Drugstore
ABAN 99-003 (NE 4th Street)
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 September 28,1999 Planning and
Development Board meeting and the October 5, 1999 Commission meeting and will be
forwarded to your office after review by the City Attorney.
MWRjma
J:\SHRDAT A\PLANN1NG\SHAREDlWP\PROJECTS\ECKERD DRUGSTORE ABAN\lEGALNOT-ABAN.DOC
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: Planning and Zoning Division
PREPARED BY: Michael Rumpf
DATE PREPARED:
September 3, 1999
BRIEF DESCRIPTION OF NOTICE OR AD: Request for street abandonment
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.) Standard Legal Ad for the PlanninQ and Development Board
meeting of September 28. 1999 and the October 5. 1999 Commission meetina.
SEND COPIES OF AD TO:
Plannina and Zonina Manaaer.
Newspaper, adioinina property owners, applicant and
NEWSPAPER(S) TO PUBLISH: The Post
DA TE(S) TO BE PUBLISHED: September 13. 1999
APPROVED BY:
(1) -^~C ?/
(Originator)
v~~
(Dat )
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
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, September 28, 1999 and on Tuesday, October 5, 1999, respectively, at 7:00 p.m.
to consider an abandonment request submitted by Donna West of Carnahan Proctor and Cross
for NE 4th Street between Boynton Beach Boulevard and NE 3rd Avenue. Said property is more
particularly described as fo~lo':Ns:
A portion of that certain 20.00 foot right-of-way lying between blocks 7 and 8 of
"Roberts addition to the town of Boynton Beach" as recorded in Plat Book 1 at
page 51 of the Public Records of Palm Beach County, Florida, being more
particularly described as follows:
Begin at the Northwest corner of Lot 2 of said Block 8; thence run South 00
degrees 00 minutes 00 seconds west along the West line of said Block 8 for a
distance of 289.99 feet to a point lying on the North right-of-way line of Boynton
Beach Boulevard; thence run North 88 degrees 55 minutes 15 seconds west
along said North line for a distance of 20.00 feet; thence run North 00 degrees
00 minutes 00 seconds East along the East line of said Block 7 for a distance of
289.99 feet to the Northeast corner of said Block 7; thence run South 88 degrees
55 minutes 15 seconds East along the South right-of-way line of Northeast 3rd
Avenue for a distance of 20.00 feet to the point of beginning.
Said lands containing 5,800 square feet, more or less.
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) 742-6260
PUBLISH: The Post
September 13,1999