AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl!: Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office
0 December 2, 2003 November 17, 2003 (Noon,) 0 February 3, 2004 January 19,2004 (Noon)
0 December 16, 2003 December I, 2003 (Noon) 0 February 17,2004 February 2, 2004 (Noon)
0 January 6, 2004 December 15,2003 (Noon) 0 March 2, 2004 February 16, 2004 (Noon)
[gI January 20, 2004 January 5, 2004 (Noon) 0 March 16, 2004 March 1,2004 (Noon)
0 Administrative [gI Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
0 Consent Agenda 0 Public Hearing
0 Code compliance/Legal Settlements 0 Unfinished Business
RECOMMENDATION: Please place this request on the January 20,2004 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission with a unanimous vote, approved this item under First Reading
on January 6,2003. For further details pertaining to the request, see attached Department of Development Memorandum No.
PZ 03-288.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Delray Academy (ABAN 03-012)
Marty Madura
Keith D. Kern
West of Railroad Avenue between NE 11th Avenue and NE 10th Avenue
Request for an abandonment of a segment of a 5-foot east/west alley (right-of-way)
extending west from Railroad Avenue in conjunction with the assembly and development
of adjacent parcels.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES'
Develo
City Manager's Signature
~ ~ ~~
" Planning and Zoning ~ector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Delray Academy\ABAN\Agenda Item Request Boynton Delray Academy ABAN 1-20-04 2nd reading,dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DQC
.,
'. ~EVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03.288
TO:
Chairman and Members
Community Redevelopment Agency Board
Michael W. Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP t
Planner
December I, 2003
THRU:
FROM:
DATE:
SUBJECT:
Boynton Delray Academy (ABAN 03-012).
Abandonment of a flve (5) foot wide right-of-way (alley)
NATURE OF REOUEST
Mr. Marty Madura, agent for the applicant Is requesting to abandon the 5-foot wide alley located between the north
and south parcels of the project known as Boynton Delray Academy (COUS 03-008). This request to abandon the
alley was submitted on October IS, 2003. It Is described as follows:
A portion of the South 5 feet, less the F.E.C. Railway, MEEKS AND ANDREWS ADDmON TO
BOYNTON, according to the Plat thereofi as recorded In Plat Book 5, Page 84 of the Public Records
of PALM BEACH COUNTY, FLORIDA, being more particularly described as follows:
Commendng at the Southwest comer of the East 300 feet of Block "B"i thence East, along the South line of
Block "B", a distance of 116.50 feet to the POINT OF BEGINNINGi thence East 116.90 feet to a point of
Intersection of the Westerly rlght..of-way line of Railroad Avenuei thence South 07047'02" West, along the
said Westerly right-of-way line, a distance of 5.05 feeti thence West, along the Southerly line of said MEEKS
AND ANDREWS ADDmON TO BOYNTON, a distance of 116.49 feet to a point, thence North 03009'23" East,
a distance of 5.01 feet to the POINT OF BEGINNING. .
Said lands containing 583.481 square feet /0.0134 acres :I: (more or less).
The location map attached as Exhibit "A" shows the general v1dnlty of the alley and the subject property. The
attached Exhibit "B"- shows the precise limits of the existing utility easement to be abandoned.
. The following Is a description of the zoning districts and land uses of the properties that surround the subject
request. .
North:
Right-of-way for Northeast 11th Avenue, then farther north Is vacant residential property
zoned R-2i
Right-of-way for Northeast 10th Avenue, then farther south Is developed commercial
property (King's Cafe) zoned C-2;
South :
East:
Right-of-way for Railroad Avenue, then farther east Is right-Of-way for the Aorlda East
Coast Railroad; and
West:-
~"- -
VaCant commercfaland residential properties zoned C-2 and R-2.
'Page 2
Memorandum No. PZ 03-288
A8AN 03-012
BACKGROUND
The two (2) parcels that comprise the Boynton Delray Academy project surround the subject alley on both of Its
sides (north and south). The proposed project (COUS 03-008) consists of a charter school and related site
Improvements. As proposed, Improvement of the lots would require the successful abandonment of the alley that
dissects the middle of the property In an east / west direction.
ANALYSIS
When a right-of-way, such as this alley, Is abandoned, the ownership of the abandoned land Is transferred from the
Cty of Boynton Beach to the abutting property owner(s). Typically, two (2) or more property owners would be
affected by the abandonment This Is because the right-of-way Is dMded In half; each half conveyed to the
abutting property owners. Pursuant to Chapter 22, ArtIde ITI, SectIon 4, public notice was given to the property
owners that abut the alley to be abandoned, all utility companies have been notified and the request has been
advertised In the newspaper. In this case, the Boynton Delray Academy Is the sole property owner of both lots
(north and south) that abut the subject alley. Obviously then, the CIty has not received any letters of objection
from the abutting owners. However, a summary of the responses from the utility companies and dty staff Is noted
as follows:
01Y DEPARTMENTS/DMSIONS
Engineering
Public Works/UtIlities
Planning and Zoning
No objection
No objection
Approval with conditions (see Exhibit "c" - ~nditions of
Approval)
PUBUC UTIlITY COMPANIES
Florida Power. and Ught
Bell South
Rorida Public UtIlities Company
Cable Company (Adelphla)
No objection
No response (see exhibit "c" - Conditions of Approval)
No response (see exhibit "en - Conditions of Approval)
No objection
The engineering DMslon of Public Works has preliminarily reviewed and approved this request for abandonment
No utilities have been found within this right-of-way. However, any Issues that arise In the future would typically be
addressed during the time of platting. As of the date of this report, no response has been received yet from Bell
SOuth or the Florida Public Utilities Company.
RECOMMEN DAnON
Staff Is recommending approval of this request to abandon the 5-foot wide alley given the lack of public necessity as
determined by staff, contingent upon satisfying all comments In the conditions of approval. Any additional
oondltlons required by the Community Redevelopment Agency and / or the Oty Commission will be placed In Exhibit
"C". Conditions of Approval.
xc: Central Ale
8:'A8rnng\SHARECl\Wl'IPROJECTSIBoylon Oel~y:~ Bepod.doc
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-gO-YNfON-bEL~RAY ACADEMY
-
PORllON OF lHE
EAST '300' OF 8Loa< -r
MEEKS AND ANDREWS ADOI110N
TO BOYNTON
.o.s5P.B. 5, PG. 84)
EAST 116.90'
SKETCH OF LEGAL
LEGEND:
P.O.C., - POINT OF COMMENCEMENT
P.O.B. - POINT OF BEGINNING
- R/W = RIGHT -OF-WA Y
GRAPmc SCALE
(JNrur)
1 1nch - GO tt.
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(20' R/W)
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o~
SOUlli UNE Z to
BLOCK -8"
WEST 116.50'
5' R/W
PER
(P.8. S. Po. M)
WEST 116.49
PROPOSED
5' VACAll
OFR/W
E.R0BERlS AOOI1ION 10 8O"tNlON
(P.B. 1, PG. 123, P.B.C.R.)
~ .:' -----.
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CERTlFlCA TEi
I HEREBY CERlIFY lHAT 1HE AlTAOlED SkETCH OF LEGAL OF THE '
~~mu~ca_Tro~nST~
. D SUR'./EYED 'UNDER MY DlRECl1ON.
, ... 10-14-03
. ...........
PAUL A. DA S
P.L.s. 14531
STAlE 'Of' f1.ClAIOA.
SURWYOR'S NOlES:
1. AU. 8EARlNCS OR NICI..ES SHe*( HEREON ME BASED ON lHE
RECORD PlAT UNlESS' 01HER'MSE HOlED.
2. 1HS SURVEY IS NOT V~ tmfOUT l1iE SUR'fE'ttlR'S SlGNAlURE
NI) GIBOSSED SEAL
DA VIS & PURMORT, INC.
LB 10007219
Land Surveyors · Land Devel~pment. Consultants . Planners
&43 SOUTHEAST 8th AVENUE- DEERFlELD BEACH. FL ~"""1
Phone: (954) 421-9101 . (954) 698-9101 fax: (954)698-9722
Subdivisions 8c: Condominiums Land &: Site Planning
1M .... MlxtgIIge !urW}I. kNage ~ · TapographIc SurwyI. AecanI PIalI. CondomlnIum PIalI. CoMInIdIan IA)'lIUt
SCALE: 1" =
DRAWN B~
DATE:
JOB NO:
F.B.IPG.
FlLE
SHffT NO. 2 OF
SO'
N.LR.
10-14-03
03-1197
N/A
2
'-
EXHIBIT "8" .
'LEGAL DESCRIPTION:
THE' FOLLOWING DESCRIBED PARCEL OF LAND IS FOR A
VACATION OF RIGHT-OF-WAY, A PORTION OF THE SOUTH
5' FEET, LESS THE F.E.C. RAILWAY, MEEKS AND ANDREWS
ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF;
AS RECORDED IN PLAT BOOK 5, PAGE 84 OF THE' PUBLIC
RECORDS' OF PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRI8ED' AS FOLLOWS:
COMMENCING AT THE SOUTHWEST 90RNER OF THE EAST
300' FEET OF BLOCK "8"; THENCE EAST, ALONG THE
SoutH LINE OF BLOCK "8", A DISTANCE OF 116.50' FEET
TO THE POINT OF B.EGINNING; THENCE EAST 116.90' FEET
TO A POINT OF INTERSECTION OF THE WESTERLY
RIGHT-OF-WAY LINE OF RAILROAD AVENUE; THENCE'
S07.47'02"W, ALONG THE SAID WESTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 5.05' FEET; THENCE WEST, ALONG
THE SOUTHERLY LINE OF SAID MEEKS AND ADDITION TO
BOYNTON,' A DISTANCE OF 116.49' FEET TO A POINT;
THENCE N03.09'23"E, A DISTANCE OF 5.01' FEET TO THE
POINT OF BEGINNING. .
SAID LANDS CONTAINING .583.481 SQUARE FEETjO.0134 .
ACRES MORE OR LESS.
SCALE: 1" =
DA VIS & PURMORT, INC. DRAKN BY:
DA TE: .
JOB NO:
F:B./pG.
FILE
Subdivision. &:: CondomlnlurTu!I L.and.& Sit. Plannln~
tat s-,..1IaItlJagt SlneyI.1cNage s.n. -TopograpNc SUM)" IIIcanI PIlIlI.-Caildcri.. fIIata - CunIIndiaa ~ SHm NO. t OF, 2
. LSIOOO721l1, .
Land Surveyors · Land Development -Consultants. Planners
843 SOUTHl:Asr 8th AVENUE- DEERFlELD BEACH. FL ~1
Phone: (11M) 421-9101 '. (95-4) 698-9101 tCllC (9M)698-9722
so'
N.LR.
10-14-03
03-1197
N/A
EXHIBIT "C"
Conditions of Approval
Project name: Boynton Dekay Academy
File number: ABAN 03-012 Application received October 15.2003.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Conunents: None X
PUBLIC WORKS- Traffic
Conunents: None X
UTILITIES
Conunents: None X
FIRE
Conunents: None X
POLICE
Conunents: None X
ENGINEERING DIVISION
Conunents: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENTALIST
Comments: None X
PLANNING AND WNlNG
Comments:
-1. Approvalof--this--abandonmentf'equest--is--contingenhIpotr1:h approval 01 ---X---- -- -
Bellsouth and the Florida Public Utilities Comnanv.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. Obtain a title opinion (ownership and encumbrance report) from a title X
cotnDanv that reflects public ownership.
PRIVATE UTILITffiS
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
3. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
4. To be determined.
S:\PIannlnglSHARED\WPlPROJECTSlBoynton OeIray Academy\ABAN\COA.doc
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one copy of agenda request (with back uDl to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Deadline for Submittal to City P &. D/CRA Requests Deadline
Clerk's Office
-P&D
- CRA
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head
Wilfred Hawkins for de artments under Administrative Services
Finance De artment for items that involve ex enditure of funds
All back u material is attached
All exhibits are attached & marked e. . Exhibit "A'
Department Head's initials: ~
Boynton Delray Academy {A B4lJ 03-012}
:t~~
,
Please do not write in the shaded area below.
City Manager's signature 0
Reason:
Person contacted to pick up rejected request
b
,Y
. -bg - 1/t.9/fr1.
S:\Planning\Planning Templates\Agenda Item Cover Checklist Dee 2 - March 16.doc
on
(Date)
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 2, 2003 November 17,2003 (Noon,) 0 February 3, 2004 January 19, 2004 (Noon)
0 December 16, 2003 December 1,2003 (Noon) 0 February 17, 2004 February 2, 2004 (Noon)
~ January 6, 2004 December 15,2003 (Noon) 0 March 2, 2004 February 16,2004 (Noon)
0 January 20, 2004 January 5, 2004 (Noon) 0 March 16, 2004 March 1,2004 (Noon)
0 Administrative ~ Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
0 Consent Agenda 0 Public Hearing
0 Code compliance/Legal Settlements 0 Unftnished Business
RECOMMENDATION: Please place this request on the January 6,2004 City Commission Agenda under
Legal, Ordinance - First Reading. The City Commission with a unanimous vote, approved the subject request under Public
Hearing on December 16,2003. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 03-288.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Delray Academy (ABAN 03-012)
Marty Madura
Keith D. Kern
West of Railroad Avenue between NE 11 th Avenue and NE 1 Oth Avenue
Request for an abandonment of a segment of a 5-foot east/west alley (right-of-way)
extending west from Railroad A venue in conjunction with the assembly and development
of adjacent parcels.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Develo
City Manager's Signature
~ - - -#V~
/' Planning and Zoning Director tI City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Delray Academy\ABAN\Agenda Item Request Boynton Delray Academy ABAN 1-6-04 legal.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DQC
"
(;DEVELOPMENT DEPARTMENT ,",/
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03.288
TO:
Chairman and Members
Community Redevelopment Agency Board
THRU:
Michael W. Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP t
Planner
December I, 2003
Boynton Delray Academy (ABAN 03-012).
Abandonment of a five (5) foot wide right-of-way (alley)
FROM:
DATE:
SUBJECT:
HAlURE OF REOUEST
Mr. Marty Madura, agent for the applicant Is requesting to abandon the 5-foot wide alley located between the north
and south parcels of the project known as Boynton Delray Academy (COUS 03-008). This request to abandon the
alley was submitted on October 15, 2003. It Is described as follows:
A portion of the South 5 feet, less the F.E.C. Railway, MEEKS AND ANDREWS ADDmON TO
BOYNTON, according to the Plat thereofi as recorded In Plat Book 5, Page 84 of the Public Records
of PALM BEACH COUNlY, FLORIDA, being more particularly described as follows:
Commendng at the Southwest comer of the East 300 feet of Block "B"i thence East, along the South line of
Block "B", a distance of 116.50 feet to the POINT OF BEGINNINGi thence East 116.90 feet to a point of
Intersection of the Westerly right-of-way line of Railroad Avenuei thence South 07047'02" West, along the
said Westerly right-of-way line, a distance of 5.05 feeti thence West, along the Southerly line of said MEEKS
AND ANDREWS ADOmON TO BOYNTON, a distance of 116.49 feet to a point, thence North 03009'23" East,
a distance of 5.01 feet to the POINT OF BEGINNING.
Said lands containing 583.481 square feet I 0.0134 acres :I: (more or less).
The location map attached as exhibit "A" shows the general vicinity of the alley and the subject property. The
attached Exhibit "B"- shows the precise limits of the existing utility easement to be abandoned.
. The following Is a description of the zoning districts and land uses of the properties that surround the subject
request. .
North: Right-of-way for Northeast 11th Avenue, then farther north is vacant residential property
zoned R-2i
South: Right-of-way for Northeast 10th Avenue, then farther south Is developed commercial
property (King's Cafe) zoned C-2;
East: Right-of-way for Railroad Avenue, then farther east Is right-Of-way for the Florida East
Coast Rallroadi and
West: Vacant commercial and residential properties zoned C-2 and R-2.
- '. ---
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.BOYNTON DeLRA Y ACADEMY
POR11ON OF' lHE
EAST'3OO' OF' Bloa< "8-
MEEKS AND ANDREWS AOD1110N
TO BOYNTON
.O.S'<p.S. 5, PG. 84)
EAST 116.90'
SKETCH OF LEGAL
LEGEND:
P.O.C.. = POINT OF COMMENCEMENT
P.O.8. = POINT OF BEGINNING
'R/W - RIGHT-OF-WAY
GRAPmc SCALE
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( IN I'DT )
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(20' R/W)
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o~
SOUlli UNE Z to
BLOCK -B"
WEST 116.50'
WEST 116.49
SR/W
PER
(P .8. 5. PO.. 84)
PROPOSED
5' VACATl
OFR/W
E.ROBERlS ADDI1'I<JI 10 BO"tN'roN
(P.s. 1, PG. 123, P.B.C.R.)
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DA VIS &- PURMORT, INC.
LS 10007219
Land Surveyors · Land Development. Consultants . Planners
M3 SOUTHE'AST 8th AVENUE- DEERFlELD BEACH. FL 33441
Phone: (954) 421-9101 at (954) 698-9101 fax: (954)698-9722
SubdIvIsIons &: CondomInIums Land &.: SIte Planning
1M ... e Martgqge !lIwys elawage ~ . T~ ~. RecanI Plata. CancIomlnIum PlaIa. ConItnlcIIon IA)'llUt
CERTIFICATE:
I HEREBY CERlIFY tHAT 1HE ATTAaiED Sl<ETCH OF LEGAL OF 1HE .
~~muE__ronn~~
. I<N 0 SUIM:'tm 'UNDER MY DlRECl1ON.
. "' 10-14-03
. ~
PAUl A. DA S
PJ..s. 14531
STAlE lJf' FlORIDA.
SCALE: I" =
DRAWN B~
DATE:
JOB NO:
F:B./pG.
ALE
SHffT NO. 2 OF
50'
N.LR.
10-14-OJ
OJ-1191
N/A
2
SUR\C'OR'S NOlES:
1. AU.. IIEARlNCS OR ANCI.ES ~ HEREON ME BASED ON lllE
RE.toAo PlAT UNlESS' 01HER'MSE NOTED.
2. 1HIS SUR\o'EY IS NOT VAUO WI1HOUT 1HE SUR't'E"roR'S stGNA'IURE
AN) EMBOssED SEAL
--
EXHIBIT "8" _
'LEGAL DESCRIPTION:
THE - FOLLOWING DESCRISED PARCEL OF LAND IS FOR A
VACATION OF RIGHT-OF-WAY, A PORTION OF THE SOUTH
5' FEET, LESS THE F.E.C. RAILWAY, MEEKS AND ANDREWS
ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF;
AS RECORDED IN PLAT SOOK 5, PAGE 84 OF THE- PUSLlC
RECORDS' OF PALM BEACH, COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRISED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST
300' FEET OF BLOCK "B"; THENCE EAST, ALONG THE
soutH LINE OF BLOCK "S", A DISTANCE OF 116.50' FEET
TO THE POINT OF B.EGINNING; THENCE EAST 116.90' FEET
TO A POINT OF INTERSECTION OF THE WESTERLY
RIGHT-OF - WA Y LINE OF RAILROAD A VENUE; THENCE-
S07.47'02"W, ALONG THE SAID WESTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 5.05' FEET; THENCE WEST, ALONG
THE SOUTHERLY LINE OF SAID MEEKS AND ADDITION TO
BOYNTON, - A DISTANCE OF 116.49' FEET TO A POINT;
THENCE N03.09'23"E, A DISTANCE OF 5.01' FEET TO THE
POINT OF BEGINNING._
SAID LANDS CONTAINING _583.481 SQUARE FEETjO.0134 _
ACRES MORE OR LESS.
. 1.B jOOC)7219 , ,
Land Surveyors · Land DeVelopment -Consultants _ Planners
843 SOUTHEAsT 8th AVENUE- DEERFlELD BEACH. FL 33441
Phone: (954) <4-21-9101 '. (954) 898-9101 fGX: (954}698-9722
50'
N.LR.
10-14-03
03-1197
N/A
EXIDBIT "e"
ConilitionsofApprovw
Project name: Boynton Delray Academy
File number: ABAN 03-012 Auplication received October 15. 2003.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITffiS
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:
1. Approval of this abandonment request is contingent upon the approval of X
Bellsouth and the Florida Public Utilities Comoanv.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. Obtain a title opinion (ownership and encumbrance report) from a title X
company that reflects public ownership.
PRIVATE UTILITIES
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
3. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
4. To be determined.
S:lPlannlnglSHAREO\WPlPROJECTS\Boynton Delray AcademylABAN\COA.doc
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one copy of agenda request (with back up) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
December 2 2003
DDecember 16 2003
[8JJanua 6 2004
DJanua 20 2004
DFebrua 3 2004
DFebrua 17 2004
DMarch 2 2004
DMarch 16, 2004
Deadline for Submittal to City P & D/CRA Requests Deadline
Clerk's Office
-P&D
- CRA
Departments are responsible for securing the following
si natures on attached A enda Re uest Form:
De artment Head D
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds D
All back u material is attached [8J
All exhibits are attached & marked e. ., Exhibit "A' [8J
Department Head's initials: 4
Boynton Delray Academy CABAN D3-D12} Legal
Please do not write in the shaded area below.
D
bg - 7/19/02
S:\Planning\Planning Templates\Agenda Item Cover Checklist Dec 2 - March 16.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 2, 2003 November 17,2003 (Noon,) D February 3, 2004 January 19,2004 (Noon)
~ December 16, 2003 December I, 2003 (Noon) D February 17, 2004 February 2,2004 (Noon)
D January 6, 2004 December 15,2003 (Noon) D March 2, 2004 February 16, 2004 (Noon)
D January 20, 2004 January 5, 2004 (Noon) D March 16, 2004 March 1,2004 (Noon)
D Administrative D Legal
NATURE OF D Announcement D New Business
AGENDA ITEM D City Manager's Report D Presentation
D Consent Agenda ~ Public Hearing
D Code compliance/Legal Settlements D UnfInished Business
RECOMMENDATION: Please place this request on the December 16, 2003 City Commission Agenda under
Public Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject
request be approved. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 03-288.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Defray Academy (ABAN 03-012)
Marty Madura
Keith D. Kern
West of Railroad Avenue between NE 11 th Avenue and NE 1 Oth Avenue
Request for an abandonment of a segment of a 5-foot east/west alley (right-of-way)
extending west from Railroad Avenue in conjunction with the assembly and development
of adjacent parcels.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
City Manager's Signature
Develop
;;LJr:~ L
Planning and Zo' ~ector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Delray Academy\ABAN\Agenda Item Request Boynton Delray Academy ABAN 12-16-03,dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
..O!
uEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-288
TO:
Chairman and Members
Community Redevelopment Agency Board
THRU:
Michael W. Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP ~
Planner U
December 1, 2003
FROM:
DATE:
SUBJECT:
Boynton Delray Academy (ABAN 03-012).
Abandonment of a five (5) foot wide right-of-way (alley)
NATURE OF REOUEST
Mr. Marty Madura, agent for the applicant Is requesting to abandon the 5-foot wide alley located between the north
and south parcels of the project known as Boynton Delray Academy (COUS 03-008). This request to abandon the
alley was submitted on October 15, 2003. It Is described as follows:
A portion of the South 5 feet, less the F.E.C. Railway, MEEKS AND ANDREWS ADDmON TO
BOYNTON, according to the Plat thereof; as recorded In Plat Book 5, Page 84 of the Public Records
of PALM BEACH COUNTY, FLORIDA, being more particularly described as follows:
Commendng at the Southwest comer of the East 300 feet of Block "B"; thence East, along the South line of
Block "B", a distance of 116.50 feet to the POINT OF BEGINNING; thence East 116.90 feet to a point of
Intersection of the Westerly right-of-way line of Railroad Avenue; thence South 07047'02" West, along the
said Westerly right-of-way line, a distance of 5.05 feet; thence West, along the Southerly line of said MEEKS
AND ANDREWS ADDmON TO BOYNTON, a distance of 116.49 feet to a point, thence North 03009'23" East,
a distance of 5.01 feet to the POINT OF BEGINNING.
Said lands containing 583.481 square feet I 0.0134 acres :l: (more or less).
The location map attached as exhibit "A" shows the general vicinity of the alley and the subject property. The
attached exhibit "B"- shows the precise limits of the existing utility easement to be abandoned.
The following Is a description of the zoning districts and land uses of the properties that surround the subject
request.
North:
Right-Of-way for Northeast 11th Avenue, then farther north is vacant residential property
zoned R-2;
Right-Of-way for Northeast 10th Avenue, then farther south is developed commercial
property (King's Cafe) zoned C-2;
South :
East:
Right-Of-way for Railroad Avenue, then farther east is right-Of-way for the Florida East
Coast Railroad; and
West:
Vacant commercial and residential properties zoned C-2 and R-2.
Page 2
Memorandum No. PZ 03-288
ABAN 03-012
BACKGROUND
The two (2) parcels that comprise the Boynton Delray Academy project surround the subject alley on both of Its
sides (north and south). The proposed project (COUS 03-008) consists of a charter school and related site
Improvements. As proposed, Improvement of the lots would require the successful abandonment of the alley that
dissects the middle of the property in an east / west direction.
ANALYSIS
When a right-of-way, such as this alley, Is abandoned, the ownership of the abandoned land is transferred from the
Oty of Boynton Beach to the abutting property owner(s). Typically, two (2) or more property owners would be
affected by the abandonment. This Is because the right-of-way Is divided in half; each half conveyed to the
abutting property owners. Pursuant to Chapter 22, Art/de nI, Section 4, public notice was given to the property
owners that abut the alley to be abandoned, all utility companies have been notified and the request has been
advert/sed In the newspaper. In this case, the Boynton Delray Academy is the sole property owner of both lots
(north and south) that abut the subject alley. Obviously then, the City has not received any letters of objection
from the abutting owners. However, a summary of the responses from the utility companies and dty staff Is noted
as follows:
CITY DEPARTMENTS/DMSIONS
Engineering
Public Works/Utilities
Planning and Zoning
No objection
No objection
Approval with conditions (see exhibit "Cft - Conditions of
Approval)
PUBUC UTILITY COMPANIES
Rorlda Power. and Ught
Bell South
Rorlda Public Utilities Company
Cable Company (Adelphla)
No objection
No response (see exhibit "Cft - Conditions of Approval)
No response (see exhibit "Cft - Conditions of Approval)
No objection
The Engineering Division of Public Works has preliminarily reviewed and approved this request for abandonment.
No utilities have been found within this right-of-way. However, any Issues that arise in the future would typically be
addressed during the time of platting. As of the date of this report, no response has been received yet from Bell
South or the florida Public Utilities Company.
RECOMMENDATION
Staff Is recommending approval of this request to abandon the 5-foot wide alley given the lack of public necessity as
detennined by staff, contingent upon satisfying all comments in the conditions of approval. Any additional
conditions required by the Community Redevelopment Agency and / or the City Commission will be placed In exhibit
"C" . Conditions of Approval.
xc: Central File
S:lPtamInglSHARED\WPlPROJECTSIBoynton Defray AcademylABANlStaff Report.doc
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I HEREBY CERl1FY lHAT lHE ATTACHED SKETCH OF LEGAL OF lHE
AS PROPERTY 'TRUE AND CORRECT TO lHE BEST OF
KN D SUR\'E'l'mUNOER MY DlRECllON.
10-14-03
DA VIS & PURMORT, INC.
lB 10007219
Land Surveyors · Land Deve19pment - Consultants . Planners
84J SOUTHFAST 8th AVENUE- DEERFlELD BEACH, FL 33441
Phone: (954) 421-9101 '" (954) 698-9101 fax: (954)698-9722
Subdivisions l5c: Condominiums Lend &: Site Plennlng
!At s.n.,. -Mortgage Surwys.1cNage SUMyc . T~ Surwys. ~ PIaI:s. ConcIomln/um PIaI:s. ConItnIdlan I.G)'lIUt
A
SCALE: 1- =
DRAWN BY:
DATE:
JOB NO:
F.B./pG.
ALE
SHrrT NO. 2 OF
50'
N.LR.
10-14-03
03-1197
N/A
2
f . I .
~XHIBIT "B" .
---
.LEGAL DESCRIPTION:
THE. FOLLOWING DESCRIBED PARCEL OF LAND IS FOR A
VACATION OF RIGHT-OF-WAY, A PORTION OF THE SOUTH
5' FEET, LESS THE F.E.C. RAILWAY, MEEKS AND ANDREWS
ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF;
AS RECORDED IN PLAT BOOK 5, PAGE 84 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE
P ARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST
300' FEET OF BLOCK "B"; THENCE EAST, ALONG THE
soutH LINE OF BLOCK "B", A DISTANCE OF 116.50' FEET
TO THE POINT OF B.EGINNING; THENCE EAST 116.90' FEET
TO A POINT OF INTERSECTION OF THE WESTERLY
RIGHT-OF - WAY LINE OF RAILROAD AVENUE; THENCE
S07.47'02"W, ALONG THE SAID WESTERLY RIGHT....OF-WA Y
LINE, A DISTANCE OF 5.05' FEET; THENCE WEST, ALONG
THE SOUTHERLY LINE OF SAID MEEKS AND ADDITION TO
BOYNTON,. A DISTANCE OF 116.49' FEET TO A POINT;
THENCE N03"09'23"E, A DISTANCE OF 5.01' FEET TO THE
POINT OF BEGINNING.
SAID LANDS CONTAINING 583.481 SQUARE FEETjO.0134
ACRES MORE OR LESS.
DA VIS & PURMORT, INC.
SCALE: 1" =
DRAWN BY:
DA 1E: .
JOB NO:
F.B./pG.
FILE
SHEET NO. 1
. ~~7~9, ,
Land Surveyors " Land Development" Consultants . Planners
843 SOUTHEAsT 8th AVENUE- DEERFlELD BEACH, Fl 33441
Phone: (954) 421-9101 'ac (954) 898-9101 fGlC (954)698-9722
SubdivIsions & CondominIums Land & 511:. Planning
lot s..,.,..1Iort9age Slneys . Acreage ScnIyI. Topograp/lIc ScnIyI. Recanl PIaII,. CoillfomInIum Plata. ConIInIcIiaa l.G)lllIIt
so'
N.LR.
10-14-03
03-1197
N/A
OF, 2
EXHIBIT "C"
Conditions of Approval
Project name: Boynton Dekay Academy
File number: ABAN 03-012 Ao\,lication received October 15.2003.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DMSION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Approval of this abandonment request is contingent upon the approval of X
Bellsouth and the Florida Public Utilities Company.
Conditions of Approval
2
DEPARTMENTS
INCLUDE REJECT
2. Obtain a title opinion (ownership and encumbrance report) from a title X
company that reflects Dublic ownership.
PRIVATE UTILITIES
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
3. None
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
4. To be determined.
S:\PlannlngISHAREDlWPlPROJECTSlBoynton Delray AcademylABAN\COA,doc
X
X
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of agenda reauest (with back up) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
DDecember 2 2003
[8]December 16 2003
Janua 6 2004
Janua 20 2004
Februa 3 2004
DFebrua 17 2004
DMarch 2, 2004
DMarch 16 2004
Deadline for Submittal to City P & D/CRA Requests Deadline
Clerk's Office
-P&D
- CRA
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head D
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds D
All back u material is attached [8]
All exhibits are attached & marked e. . Exhibit "A' [8]
f\~
Department Head's initials:
Boynton Delray Academy CABAN 03-012) Public Hearing
Please do not write in the shaded area below.
o
on
(Date)
bg - 7/19/02
S:\Planning\Planning Templates\Agenda Item Cover Checklist Dec 2 - March 16.doc
The following proposed ordinance that is published by caption only was read on First Reading at
the Regular City Commission meeting of the City Commission of the City of Boynton Beach,
Florida on Tuesday, JANUARY 6, 2004 at 7:00 p.m. This ordinance shall be presented for
proposed enactment by the City Commission at the Regular City Commission meeting to be held
at City Hall, in the Commission Chambers, 100 East Boynton Beach Blvd., Boynton Beach,
Florida on Tuesday, JANUARY 20, 2004.
ORDINANCE NO. 04- 00'
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF AN UNIMPROVED 5-FOOT WIDE ALLEY
RUNNING EAST-WEST IN BLOCK B, MEEKS AND
ANDREWS ADDITION TO BOYNTON;
AUTHORIZING THE CITY MANAGER TO EXECUTE
A DISCLAIMER, WHICH SHALL BE RECORDED
WITH THIS ORDINANCE IN THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
Interested parties may appear at said meeting and be heard with respect to this proposed
ordinance. Subject ordinance may be inspected by the public at the Office of the City Clerk at
City Hall, 100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435. Pursuant to F.S.
286.0105, please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, he will need a record of this
proceeding, and for such purpose, he may need to ensure that a verbatim record of the
proceeding is made, which record includes the testimony and evidence upon which the appeal.
is to be based.
CITY OF BOYNTON BEACH
JANET M. PRAINITO, CMC, CITY CLERK
r-
PUBUSH: PALM BEACH POST
JANUARY 10, 2004
"
J4, J4