Loading...
REVIEW COMMENTS dEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-288 TO: Chairman and Members Community Redevelopment Agency Board DATE: Michael W. Rumpf Planning and Zoning Director Eric Lee Johnson, AICP t Planner . December 1, 2003 THRU: FROM: 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 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 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 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 / 0.0134 acres :t (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; 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 Railroad; and West: Vacant commercial and residential properties zoned (-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 City 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, Article III, 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 city staff is noted as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection No objection Approval with conditions (see Exhibit "C" - Conditions of Approval) PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) No objection No response (see Exhibit "C" - Conditions of Approval) No response (see Exhibit "C" - 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 determined 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:\Planning\SHAREDIWPIPROJECTSIBoynton Delray AcademylABANIStaff Report.doc I I I .. ft.. L I I , , I , ... 2TW A \/1= 1 in. = 125.0 feet I ~ t I ~ I ( ~R'" ~. 1\..- I ~ 1,,\1 C4 ~ : ;- i -..-- C2 I ( . NI= 'inTi-i AVI; ~ ~ . \.,4 , I r i ~ C2 : ..c L ~ I ; I ~ r r , IQ r: J e ct .2 C l L J J I NF QT. AVF ( n- I I I f 1 ~; 5 I J .c J I " I ~ I ~ J R I . , r . LOGA TION MAP BOYNTON bELRA Y ACADEMY SKETCH OF LEGAL LEGEND: GRAPmc SCALE ~ P.O.C. P.O.B. R/W = POINT OF COMMENCEMENT = POINT OF BEGINNING = RIGHT-OF-WAY ( IN FEET ) 1 inch = 50 ft. ct_N.E. 11 th _AVENUE (20' R/W) L I I I f P.O.C. - - ~ S.E. CORNER ~ EAST 300' ~ I 0) BLOCK "B" ~ ~ I oq SOUTH LINE Z 10 BLOCK "B" WEST 116.50' "- 0.. m ffi ~: at-:\<: -<nO ~~g .... lD a:: PORllON OF 'THE EAST 300' OF BLOCK -B- MEEKS AND ANDREWS ADDITION TO BOYNTON P. O. B ,<P.B. 5. PG. 84) :t- . It) C'40 _0 I(j " ,. " o en EAST 116.90' WEST 116.49 ASSUMED BEARING BASIS 5' R/W PER (P.B. 5. PG. 84) PROPOSED 5' VACA TlO OF R/W E.ROBERlS AODIllON TO BOYNTON (P.8. 1, PG. 123, P.8.C.R.) EXHIBIT "B" ~ tllE."'''AIoE :::!:~ !! Z~ II VI ... 00 ~I 1-1- ~ <(I- UO OZ -1 ~i i ~I 1~~~1 I.a:: ::d ~ --C '-0::' C::7.1 150' ; 7/ 1 .. ! if I !I ~I -1 --c; Cl:::' ~I SURVEYOR'S NOlES: 1. AU. BEARINGS OR ANGlES SHOWN HEREON ARE BASED ON "THE RECORD PLAT UNLESS OlHER'MSE NOTED. 2 THIS SURVEY IS NOT VAUD 'M"THOUT "THE SURVEYOR'S SlGNAlURE AND EMBOSSED SEAL. DA VIS & PURMORT, INC. LB 60007219 Land Surveyors . Land Development. Consultants . Planners 843 SOUTHEAST 8th AVENUE- DEERFlELD BEACH. FL 33441 Phone: (954) 421-9101 4t (954) 698-9101 fax: (954)698-9722 Subdivisions &: Condominiums Land &: Site Planning lAt Surwys. MortIjoge Swveys . Acreage Swveys . TOIlOCJfllphic Surveys. Record Plats. Condominium Plats. ConstJuc:tion l..ayout 10-14-03 DATE SCALE: 1" = DRAWN BY: DA TE:: JOB NO: F.B.lpG. FILE SHEET NO. 2 I N 50' N.LR. 10-14-0.3 0.3-1197 N/A OF 2 '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 ARTICULARL 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 BEGINNING; THENCE EAST 116.90' FEET TO A POINT OF INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF RAILROAD AVENUE; THENCE SOT47'02"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 NOT09'23"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. DATE I ION SCALE: 1- = 50' ORA WN BY: N.LR. OA TE: 10-14-03 JOB NO: 03-1197 F.B.IPG. N/A FILE SHEET NO. 1 OF 2 LB 60007219 Land Surveyors . Land Development. Consultants . Planners 843 SOUTHEAST 8th AVENUE- DEERFlELD BEACH. FL 33441 Phone: (954) 421-9101 &c (954) 698-9101 fox: (954)698-9722 Subdivisions de Condominiums Land de Site Planning lot Slneys . Wortgage Surveys . Acreage Surveys. TClpClCJnIpI1ic Surveys. Record Plata . Condominium Plots. Construc:lion ~ EXHIBIT "e" Conditions of Approval Project name: Boynton Delray Academy File number: ABAN 03-012 Application received October 15.2003. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic 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/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 1. Approval of this abandonment request is contingent upon the approval of Bellsouth and the Florida Public Utilities Company. Conditions of Approval 2 DEPARTMENTS 2. Obtain a title opinion (ownership and encumbrance report) from a title company that reflects public ownership. PRIV A TE UTILITIES Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 3. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. S:IPlanni nglSHAREDI WPIPROJ ECTSIBoynton Oelray AcademylABANICOA.doc INCLUDE REJECT