AGENDA DOCUMENTS
0',
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meetin2: Dates in to City Clerk s Office
Requested City Commission
Meetin2 Dates
Date Final Form Must be Turned
in to City Clerk s Office
o July 18.2000
o August I, 2000
o August 15.2000
o September 6. 2000
July 6. 2000 (500 p.m.)
C8J September 19.2000
o October 4. 2000
o October 1"'/ 2000
o November 8. 2000
September 7 2000 (5:00 p.m.)
July 19.2000 (5,00 p.m.)
September 20. 2000 (5,00 p.m.,
August 2, 2000 (5:00 p.m.)
October 5,2000 (5:00 p.rn)
August 16. 2000 (500 p.m.)
October 18. 2000 (5:00 p.m.)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
C8J Public Hearing
o Bids
o Announcement
o Development Plans
o New Business
o Legal
o Unfmished Business
o Presentation
RECOMMENDATION: Please place this request on the September 19 1000 City Commission agenda under Public
Hearing. The Planning and Development Board with a unanimous vote tecommended that this request be denied, therefore
concurring with staff, based on existing and planned use of this corridor for utility infrastructure, and to avoid further
road/alley abandonments until after completion of the MLK atea tedevelopment plan. The Board also recommends that the
application fee be refunded due to the reasons for denial being outside the control of the church, which would have likely
prevented them from filing the request had this information been originally available. For further details pertaining to this
request see attached Department of Development Memorandum No. PZ 00-256.
EXPLANATION
PROJECT NAt\1E.
AGENT
O'NNER:
LOCATION
DESCRIPTION
DAISE TEMPLE CHURCH OF GOD Il'i' CHRIST
Daise Temple Church of God in Christ
James GibbonlBernett Bell/Anderson Lindsey
Alley on east side of340 NE 12" A venue
Request for abandonment of a 90 foot segment of right-of-way for NE 3'" Street, lying south of
NE 12" Avenue.
PROGRAM IMPACT
N/A
FISCAL IMPACT
N/A
ALTERNATIVES:
N/A
Director of Development
City 1'Y!anager's Signature
-/'<..-.-';7" ,:g
. I ....' , . /C-.......---. _
Director of Planning..and Zoning
City Attorney I Finance I Human Resources
J.\SHRDATAIPLANNTNG\SHAQ.EDlWP\PROJECfSIOAISE TEMPLE (CHURCH OF GOD) ABAN\CC 9o-19-OOAGENDA [TEM REQUEST ABA1'l.DOT
DEVELOPMENT SERVICES DEPARTMENT
MEMORANDUM NO PZ 00-256
TO'
Chairman and Members, Plaflning afld Development Board
M. h I W R . . Mi.-or<
IC ae umpf, Plannmg and Zoning Manager
/1!;--(1.. /
Jose R. Alfaro, Planner t--
THRU'
FROM:
DATE:
September 1, 2000
SUBJECT
Daise Temple Alley Abandonment (ABAN 00-002)
NATURE OF REQUEST/BACKGROUND
Mr Jonas Gibbon, the property OWfler of land located at 340 NE12th Avenue, is requesting abandonment of the
following unimproved street segment:
That part of NE 3'd Street lying between blocks 9 and 10 of Happy Homes Heights, according to the plat thereof
as recorded in Plat Book 11, Page 30 of the Public Records of Palm Beach COUflty, Florida.
The properties located on the east and the west side of the street segment to be abafldoned are currefltly oWfled
by the petitiofler The attached Exhibit "A" is a locatiofl map that shows the general viciflity of the street right-of-way
to be abafldofled. The petitioner desires the abafldoflmeflt of the 40 foot street to increase the area of the church
parcel, elimiflate a walking hazard for parishioners, and also facilitate future church remodeling. Exhibit "B" shows
the properties oWfled by the church, a detailed locatiofl of the street to be abandofled afld its legal description
BACKGROUND
In December of 1924 the Plat of Happy Homes Heights was approved including a forty (40) foot wide street known
as First Street (currently known as NE 3"' Street) and dedicated to the perpetual use of the public, reserving UfltO
the developers or successors the right of reversion if not used as such The street is currently unimproved. Palm
Beach County records indicate that the church acquired the adjacent property in 1983
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 utiiity companies and city staff is as follows:
CITY DEPARTMENTS
Engineering
Objects to the abandonment for the following reasons:
1) Fiber optic communication cables are scheduled to be
laid along the entire leflgth of the subject street;
2) A 6-inch water main already exists along the subject right-
of-way
Utilities
No objection
Police
No objection.
Fire and Life Safety
No objection, but encourages the consideration of a street
abafldonment policy to avoid future abandonment of road!
alley segments important to the City thoroughfare system.
Page 2
Memorandum No. PZ 00-256
ABAN 00-002
Public Works
Objects out of concern of large garbage truck collectors
maneuverability servicing the area.
Planning and Zoning
Objects based on the possibility of conflicts with a
Redevelopment Study for the area being conducted.
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Comcast
Telemedia, and
Adelphia)
No objection.
No objection.
No objection.
No objection.
The following is a description of the zoning districts and land uses of the properties that surround the subject
request.
North -
East
South -
West -
Single family dwelling units, zoned R-2.
Vacant lot used for church parking, zoned R-2
Single-family dwelling units, zoned R-2.
Church. zoned R-2.
RECOMMENDATION
Staff concurs with the Fire and Life Safety Division and recognizes the absence of a general policy to guide
abandonment of streets. Staff will attempt to also consider this issue as part of its development of a city-wide
traffic calming policy Also, staff recommends that future abandonment applications within this area be held
until the MLK Redevelopment Study is completed.
Staff cannot ignore the concerns from other City departments regarding safety and level of services to the
community Therefore, staff recommends denial of this abandonment request. No conditions of approval are
recommended; however, any conditions required by the Board and the Commission will be placed in Exhibit "C"
- Conditions of Approval.
xc: Central File
S:\Planning\SHARED\WP\PROJECTS\Oaise Temple (Church od God) Abanlstaff report~ aband 2000 doc
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HAPPy HOME HEIGHTS
PLAT BOOK 11, PAGE 30
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EXHIBIT "e"
Conditions of Aooroval
Project name: Daise Temple.
File number. ABAN 00-003
R f' A r f f' d d 06/16/00
e erence: ~DDl\CalOn orm ate
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
I. DENIED X
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined.
J:\SHROATA\PtANNING\SHARED\WPIPROJECTSIOAISE TEMPLE (CHURCH OF GOD) ABAN\CC 9-19-00 CONDo OF APPR.DOC
DEVELOP~NT ORDER OF THE CITY COMIII""SION OF THE
~jTY OF BOYNTON BEACH, FLO~..JA
PROJECT NAME: DAISE TEMPLE CHURCH OF GOD IN CHRIST
APPLICANT'S AGENT Daise Temple Church of God in Christ
APPLICANT'S ADDRESS: 915 SE 3rd Street, Boynton Beach. FL 33435
DATE OF CITY COMMISSION PUBLIC HEARING: September 19, 2000
TYPE OF RELIEF SOUGHT Street abandonment
LOCATION OF PROPERTY Alley on east side of 340 NE 12'h Avenue
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
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:\SHRDATA\Planning\SHAREOIWP\PROJECTS\Daise Temple (Church at Gad) Aban\CC 9-19-00 D 0 ABAN.dac
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DEVELOp.. :NT ORDER OF THE CITY COMr :SION OF THE
~ITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME. DAISE TEMPLE CHURCH OF GOD IN CHRIST
APPLICANT'S AGENT Daise Temple Church of God in Christ
APPLICANT'S ADDRESS: 915 SE 3rd Street. Boynton Beach. FL 33435
DATE OF CITY COMMISSION PUBLIC HEARING: September 19, 2000
TYPE OF RELIEF SOUGHT Street abandonment
LOCATION OF PROPERTY Alley on east side of 340 NE 12'h Avenue
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
HAS
1- 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 "CO with notation "Included"
4 The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
1- 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:ISHRDATAIPlanningISHAREDlWPIPROJECTSIDaise Temple (Church of God) AbanlCC 9-19-00 D 0 ABAN.doc
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DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 00-241
TO:
Sue Kruse
City Clerk
FROM:
Michael W Rumpf
Director of Planning & Zoning
DATE:
August 14, 2000
RE:
Daise Temple Church of God in Christ
ABAN 00-002
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 12, 2000, Planning and
Development Board meeting and the September 19, 2000, Commission meeting and will be
forwarded to your office after review by the City Attorney
MWR:blw
S.\PLANNING\SHAREO\INP\PROJECTS\DAISE TEMPLE (CHURCH 00 GOD) 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' August 14. 2000
BRIEF DESCRIPTION OF NOTICE OR AD' Reguest for street abandonment
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.) Standard Legal Ad for the Planning and Development Board
meeting on September 12. 2000. and the September 19. 2000. Commission meeting.
SEND COPIES OF AD TO' Newspaper. adioining propertv owners. applicant and Planning
and Zoning Manager.
NEWSPAPER(S) TO PUBLISH: The Post
DATE(S) TO BE PUBLISHED' August 28.2000
LAST DATE TO FAX TO NEWSPAPER: August 21.2000
APPROVED BY
(1)
(Originator)
(Date)
(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 12, 2000 and on Tuesday, September 19, 2000, respectively, at 7'00
p.m. to consider an abandonment request submitted by James Gibbon for a street
abandonment more particularly described as follows:
All that part of the existing road right-of-way for NE 3"' Street, lying south of NE
12th Avenue and running south for 90 feet, as shown on the Plat of Happy Home
Heights as recorded in Plat Book 11, Page 30, of the Public Records of Palm
Beach County, Florida.
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
August 28, 2000