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
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EXHIBIT "B"
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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