REVIEW COMMENTS
DEVELOPMENT SERVICES DEPARTMENT
MEMORANDUM NO. PZ 03-008
TO'
Chairman and Members
Community Redevelopment Agency Board
THRU:
Michael W Rumpf
Planning and Zoning Director
FROM:
Maxime Ducoste-Amedee ,;1 ..>/
Planner v'b
DATE:
January 6, 2003
N.E. 3"' Street Right-of-Way Abandonment (ABAN 02-004)
SUBJECT
NATURE OF REQUEST
The City of Boynton Beach is requesting abandonment of an unimproved 40-foot wide right-of-way located on N.E.
3'd Street. This abandonment is for the following unimproved street segment:
That part of N.E. 3'd Street lying between blocks 9 and 10 of Happy Home Heights, according to Ihe plat
thereof as recorded in Plat Book 11, Page 30 ofthe Public Records of Palm Beach County, Florida.
The location map attached as Exhibit "A shows the general vicinity of the street right-of-way to be abandoned. The
attached Exhibit "B"- "Proposed Abandonment" shows the location of the church property and includes a detailed
location of the right-of-way to be abandoned and its legal description.
The entire right-of-way of N.E. 3'd Street (between blocks 9 and 10 of Happy Home Heights) as shown on the
survey will be converted to an easement for ingress, egress, drainage and utility purposes. The City will abandon
the lot to the adjacent property owners. In this case, Daise Temple Church of God in Christ owns both lots on either
side.
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.
BACKGROUND
In December of 1924, the Plat of Happy Homes Heights was approved including a 40-foot wide right-of-way known
as First Street (currently known as NE 3'd Street) and dedicated to the perpetual use of the public, reserving unto
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.
A previous request to abandon N.E. 3fd Street right-of-way was submitted by Daise Temple Church of God in Christ
on June 16, 2000. The properties located on the east and west sides of the street segment to be abandoned are
owned by Daise Temple Church of God in Christ. The church had the intention of vacating the 40-foot street to
increase the area of the church parcel, to eliminate a walking hazard for parishioners, and to facilitate future church
remodeling.
Page 2
Memorandum No. PZ 03-008
ABAN 02-004
This application was denied by the City Commission for several reasons: 1) A redevelopment study (The Heart of
Boynton) was being conducted; 2) Installation of fiber optic communication cables was scheduled; 3) The existence
of a 6-inch water main along the right-of-way As part of the motion of denial of this request, the City Commission
had indicated that another abandonment application could be reconsidered after the completion of the
redevelopment study Since the redevelopment study has been completed, City Staff has taken the initiative to
convert N.E. 3'd Street right-o~way and to follow-up the Commission directive.
ANALYSIS
Pursuant to Chapter 22 Article III Section 4, public notice was given to the property owners that abut the right-of-way
to be abandoned, all utilities companies have been notified and the request has been advertised in the newspaper
A summary of the responses from the utility companies and city staff is as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works/Utilities
Planning and Zoning
No objection
Approval with conditions (see Exhibit "C")
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Objects because of existing infrastructure in the right-of-way
between N.E. 12th Avenue and N.E. 11th Avenue. Requires
an easement dedication (see Conditions of Approval).
No objection
No objection
No objection
N/A
Bell South
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
RECOMMENDATION
Staff recommends that this request to abandon the right-of-way be approved, subject to the comments included in
Exhibit "C" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and
the Commission will be placed in Exhibit "C" - Conditions of Approval.
xc: Central File
S:\Ptanning\SHARED\WP\PROJECTS\Oaise Temple (Church of God)\ABAN 2002\staffreport 2002-,doc
Location Map
DAISE TEMPLE
EXHIBIT "A"
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LOT I, BLOCK 9
HAPPy HOME HEIGHTS
PLAT BOOK II, PAGE 30
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MEEKS &. ANDREWS
PLAT BOOK 5, PAGE 84
EXHIBIT "C"
ConditIOns of Approval
Project name: Daise Temple
File number ABAN 02-004
Reference: N/ A
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments:
I An ingress, egress, drainage and utility easement encompassing the entire
N.E. 3RD Street right-of-way shall be dedicated to the City of Boynton
Beach. This dedication shall occur prior to final recording of the
abandonment.
2. No canopy trees shall be allowed to be planted within the easement. All
plantings shall be reviewed and approved by the City of Boynton Beach
prior to placement.
3 No building structures shall be allowed to be constructed on any portion
of the easement.
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
COllllllents: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
4. To ensure the intended use of the abandoned right-of-way for an ingress,
egress, drainage and utility easement, the plat shall be amended
accordingly
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1 To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1 To be determined.
S:IPlanningISHAREDI\M'\PROJECTSIDaise Temple (Church of God) Aban\COA 2002.doc
DEPARTMENT OF DEVEl 'MENT
BUILDING DIVISION
EASEMENT CONSENT FORM
JULY 1995
To:
Name of easement holder
Address:
Gentlemen:
I propose to
in
I am the record titleholder of property loeated at
apply for a permit from the City of Boynton Beach to construct or install a
the easement on my property, legally described as:
Lot
Metes & Bounds
Block
Subdivision
or
Please complete the reverse side of this form indicating your approval or disapproval of this work.
I understand that you will not be responsible for repairs to, or replacement of, any portion of the above referenced
improvement and that any removal or replacement of this improvement necessary for your use or access to this
easement will be performed at my expense or my successors in interest.
Owner's Signature & Date
Owner's Signature & Date
(over)
\\CII\MAIN\'lHRDAT A\DowI~onns.t Templates~ ~ Form, Relmval ^-- Easement Holders in Boynton lleat:h.doc
ACKNOWLEDGMENT:
..
..
We (agree) (do not agree) to the proposed improvement under the circumstances described on the reverse side.
Name of easement holder
By.
Title:
Date:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, who is personally known to me or who has produced
,19_by
Type ofID
as identification and who (did) (did not) take an oath.
SEAL
(Signature of person taking acknowledgement)
(Name of officer taking acknowledgment
typed,printedormamped)
(Title or rank)
(Serial Number, ifany)
\\C~HRDAT AlDevelopment\Forms&TcmplateslEasementConseotFormRernovaAgrcemcotEasementHoldcrsinBoyntooBeach.doc
DEPARTMENT OF DEVELOPME,. f
BUILDING DMSION
REMOVAL AGREEMENT
DATE:
PERMIT NO:
WHEREAS,
(hereinafter referred to as
(Print)
"Owner(s)") are desirous of construction or installing a
in a portion of the easement on my property, the legal description of this
property being as follows:
Lot Block
Subdivision
or Metes & Bounds
WHEREAS, the Owner(s) do covenant that they are the fee simple owner(s) ofthe property; and
WHEREAS, the above is to be erected for the use and enjoyment or proper functioning of the property
and special aesthetics;
NOW, THEREFORE, in the consideration of the City of Boynton Beach ("City") not immediately
enforcing its rights or the rights of any others, now existing or which may in the future exist, against the
Owner(s) or the property, the Owner(s) hereby agree with the City to remove, at no expense to the City, the
Easement holders, or the beneficiaries of the easement, the above described improvement from the property,
within (30) days of written notice addressed to them or their successors in interest, at:
ADDRESS:
notuying them that said improvement is inconsistent with the use ofthe Easement. It is agreed by the Owner(s)
that the improvement shall be as depicted on Exlubit "A" and filed with the City of Boynton Beach Building
Department, and that no other construction sha11 be in effect in said Easement. It is agreed by the parties, hereto,
that this Declaration will be recorded at the expense of the Owner(s) in the Official Records of Palm Beach
County, Florida and that this Declaration shall be a covenant running with the land and be binding upon the heirs,
personal representatives, grantees, assigns and successots in interest of the Owner(s).
.,.
Owner(s) shall immedilwiy remove the improvement permitted herein in the event that the City or
Owner(s), or both, are challenged with respect to the City's authority to authorize the placement of said
improvement in the Easement or a claim of damages is made as a result of the placement of said improvement in
the Easement. In the event that the City and/or Owner(s) are challenged with respect to the placement of said
improvement in the Easement, or a claim for damages is made as a result of the placement of said improvement
in the Easement, Owner(s) shall indemnifY, defend, and save the City harmless against and from said challenge.
Upon the vacation, abandonment or discontinuance of the Easement, this Declaration shall immediately
and automatically terminate and be of no further force and effect.
SIGNED, SEALED, EXECUTED AND ACKNOWLEDGED on this
,20_
day of
WITNESS.
(Owner's Signature)
(Owner's Signature)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of
20_, by
(Name of Person
Acknowledging)
who is personally known to me or who has produced
(Type ofID)
as identification and who did/did not take an oath.
SEAL
(Signature of person taking (Name of Officer taking
acknowledgement) acknowledgement typed, printed or stamped)
(Title or rank)
(Serial number, if any)
\\CH\MAIN\SIIRDA TA\Denlopmeal\Forms '" Templates\Eueme.t CODSeat Form. Removal Agnemrnt, EaRBleat Holders I. Boyatoa Be.ell.doc
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DEPARTMENT OF DEVELOPMENT
BUILDING DMSION
EASEMENT HOLDERs IN BOYNTON BEACH
JULY 1995
To Assist you in identifying potential easement holden, the following list is being provided, TillS LIST
IS NOT INCLUSIVE AND OTHER EN'll nt:S MAY HAVE EASEMENT RIGHTS. It is the applicant's
responsibility to identify all easement holden.
Adelnhia Cable
1595 SW 4th Ave.
Delray Beach, FL 33444
Attn: Jeanine McEnroe
Phone: 272-2522
Fax: 278-9322
Area Served
The City of Boynton Beach
ELECTRICAL:
Florida Power & Light Company
9329 S. Military Trail
Boynton Beach, FL 33436
Phone: 1-800-375-4375
742-2011 - Jim Carson
Fax-742-2016 or www.fPlcom
GAS:
Florida PubHc Utilities
Attn: Engineering Dave Pellico ex! 752
401 S. Dixie Hwy., West Palm Beach
Mailing: P.O. Box 3395, West Palm Beach, FL 33402
(include self-addressed, stamped envelope)
Phone: 832-2461 - Pax: 838-1769
TELEPHONE:
WATER/SEW AGE
Bell South
Engineering Dept RM 109
West Palm Beach, FL 33415
Contact the City of Boynton Beach Utilities Dept.
Phone: 742-6416
Fax: 742-6298
Phone: 439-9118
Fax: 964-3499
S:'DevdapmcfttIFormsltTomplatAlSIEasem<mCOllSeIIlForm
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From:
Sent:
To:
Cc:
Subject:
Rumpf, Michael
Wednesday, March 27,20024:25 PM
Kelley, David
Ducoste-Amedee, Maxime; Livergood, Jeffrey; Logan, Laurinda
RE. Church alley abandonment
Rum f, Michael
Laurinda, let me help. Dave, the fee is not really in question. Jeff and I met regarding this abandonment and we are all
to work to process it a 2nd time, this time the city initiating it. You will recall that this application was denied when filed by
the adjacent church. We have now determined that the abandonment should be reconsidered and it will likely be
construed that the city will take the lead simply using the documents from the original application (i.e. survey, letter to
utility providers, analysis, staff report with a few minor changes). I just wanted to touch base with you all and request
your help. Obviously an easement would be required if abandoned and I would need assistance in approaching that
task. Thanks, MR.
-----Original Messagen---
From: Kelley, David
sent: Wednesday, March 27, 2002 3:52 PM
To: Logan, Laurinda; Livergood, Jeffrey
Cc: Rumpf, Michael; Ducoste-Amedee, Maxime
Subject: RE: Church alley abandonment
Laurinda:
The current fee structure (for abandonments) was established by the Planning and Zoning
Division, and ratified by the City Commission via Resolution (R95-45, dated April 18, 1995).
None of the fees identified in their Land Development Related Activities fee schedule are based
on a 'sliding scale' fee structure. Therefore, I do not believe that their division can charge any
amount less than that which is set, ie, for abandonments is $500 00
P & Z may want to revisit this issue during their revamping of the Zoning code in the near future,
but it will not help the current customer
However, the City Commission has done some 'not following the rules' things in the past. They
could 'refund' any application fee spent by the applicant (with a good justification), on this (or any
other issue), but they cannot waive the initial fee that the P & Z is required to follow in the
beginning of any application.
I trust this is helpful to you. If you have any other questions on this issue, please advise me.
Dave.
-----Original Message-----
From: Logan, Laurinda
sent: Wednesday, March 27, 2002 1.39 PM
To: Kelley, David
Cc: Rumpf, Michael; Duooste-Amedee, Maxime
Subject: FW: Church alley abandonment
Dave,
Mike sent this to me but I'm not familiar with this - can you help? Thanks!
Laurinda
----Original Message---
1
From: Rumpf, Michael
Sent: Wednesday, March 27, 2002 8:50 AM
To: Livergood, Jeffrey
Cc: Ducoste-Amedee, Maxime; Logan, Laurinda
Subject: Church alley abandonment
Jeff, what are your thoughts about application fees for repeating this abandonment? One thought is to ask them
to just pay for the legal ad and not charge an application fee reasoning that everything can be repeated very
quickly this time using information (letters, staff report, legal ad, etc.) from the original application. They of
course may not want to even pay for the legal ad. What do you think?
I have given the project to Maxime (a planner) directing him to repeat all the original steps using all original
documents from the file, and to coordinate with Laurinda for Engineering support.
Mike
2
~f, Michael
From:
Sent:
To:
Subject:
Livergood, Jeffrey
Wednesday. March 27, 200210:57 AM
Rumpf, Michael
RE. Church alley abandonment
Mike,
I am inciined to not charge application fee if they have already paid once. Since I am not fully aware of their past
application history, It is hard for me to comment. If we caused them problems and delays, then perhaps all costs should
be ours.
Jeff
----~Original Message-----
From: Rumpf, Michael
Sent: Wednesday, March 27, 2002 8:50 AM
To: Livergood, Jeffrey
Cc: Ducoste-Amedee, Maxime; Logan, Laurinda
Subject: Church alley abandonment
Jeff, what are your thoughts about application fees for repeating this abandonment? One thought is to ask them to
just pay for the legal ad and not charge an application fee reasoning that everything can be repeated very quickly this
time using information (letters, staff report, legal ad, etc.) from the originai application. They of course may not want
to even pay for the legal ad. What do you think?
I have given the project to Maxime (a planner) directing him to repeat all the original steps using all original
documents from the file, and to coordinate with Laurinda for Engineering support.
Mike
1
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 02-151
JUl I 6 L.
TO'
Michael Rumpf, Director, Planning & Zoning
FROM'
Laurinda Logan, P.E., Senior Engineer, Public Works/Engineering
DATE.
July 15, 2002
RE.
Daise Temple
Right-ot-Way Abandonment
Mike,
Since our meeting last Friday morning I've met with Jeff and Dave to further discuss the
abandonment of that portion of the NE 3rd Street right-of-way between Happy Heights, Block 9,
Lot 1 and Happy Heights, Block 10, Lot 8. Previously abandonment has not been recommended
due to the presence of utility lines (water main and fiber optic lines). Jeff, in discussion with the
Assistant City Manager Wilfred Hawkins, has determined that it is in the best interest of the City
and public to convert the NE 3rd Street right-of-way to an easement and abandon the lot to the
adjacent property owners. The one-half of the lot would be abandoned to each of the adjacent
property owners. In this case both lots are owned by Daise Temple.
The following items shall be incorporated into the abandonment agreement between the City of
Boynton Beach and Daise Temple:
o The right-of-way shall be converted to an easement for "Ingress, Egress, Drainage and
Utility purposes by the City of Boynton Beach"
o No canopy trees shall be allowed to be planted within the easement. All plantings shall be
reviewed and approved by the City of Boynton Beach prior to placement.
o No building structures shall be allowed to be constructed on any portion of the easement.
If Engineering can be of further assistance in this matter please feel free to contact either
myself, at x6482, or Dave Kelley, at x6488
LUck
Cc: Jeffrey L. Livergood, P.E., Director, Public Works (via e-mail)
H. David Kelley, Jr , P.E./P S.M., City Engineer, Public Works/Engineering (via e-mail)
Lusia Galav, Principal Planner, Planning & Zoning
Maxime Ducoste-Amedee, Planner, Planning & Zoning
File
C:\My Documents\Daise Temple Road Abandonment.doc
FIRE & LIFE SAFETY DIVISION
0'0'
i..,,;"
. ," :'
TO' Maxime Ducoste-Amedee, Planner
FROM: Rodger W Kemmer, Plans Examiner/Fire Inspector
DATE. September 19, 2002
SUBJECT Daise Temple-Road Right-of-Way to be abandoned
NE 3rd Street Boynton Beach, FL
The Fire Department has no objections to the subject action.
S Gale, Fire Marshal
B. Borden, Deputy Fire Marshal
File
SEP \ 9
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
TO'
Maxime Ducoste-Amedee,
Planner
DATE.
October 11, 2002
FILE.
FROM.
SUBJECT Easement of abandonment NE 3 St
REFERENCES.
ENCLOSURES.
My staff has reviewed the proposed abandonment and there are no Police concerns in this matter If you have
further questions, I can be reached at 742-6126.
OCT I 4 2002
/ .
DEPARTMENT OF DEVELOPMENT (57Zf(l!~
Planning and Zoning Division
Memorandum
PZ
TO'
FROM:
DATE:
Police Department
Maxime Ducoste-Amedee, Planner
September 16, 2002
RE.
Daise Temple-Road Right-of-Way to be abandoned
NE 3rd Street Boynton Beach, FL
The City Of Boynton Beach has taken the initial steps to reconsider the abandonment of the
above referenced right-of-way. Please review the attached information and provide a
response, If you need additional information, I can be reached at ext. 6260