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AGENDA DOCUMENTS (~.,.y_C)'" , j I ( h. i m \ it; 0\,_ ,,/V- J.-, /<.- ~ iQ NO' 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 ~ August 5, 2003 July 14,2003 (Noon,) 0 October 7,2003 September 15,2003 (Noon) 0 August 19,2003 August 4,2003 (Noon) 0 October 21, 2003 October 6, 2003 (Noon) 0 September 2, 2003 August 18, 2003 (Noon) 0 November 5, 2003 October 20, 2003 (Noon) 0 September 16, 2003 September 2, 2003 (Noon) 0 November 18, 2003 November 3, 2003 (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 Unfinished Business RECOMMENDATION: Please place this request on the August 5,2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote on July 15th First Reading, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-131. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: DiLorenzo Abandonment (ABAN 03-002) Beril Kruger, Planning and Zoning Consultants Nicholas and Carmela DiLorenzo 902 N. Federal Highway Request for abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Block 4, Lake Addition to Boynton, and the replacement with a utility easement. PROGRAM IMP ACT: FISCAL IMPACT: ALTERNAT City Manager's Signature City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\DiLorenzo ABAN\Agenda Item Request Dilorenzo Aban 03-002 2nd reading 8-5-03.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-131 ". TO: Chairman and Members Community Redevelopment Agency Board Michael 'vV. Rumpf 1'\ u ~ Planning and Zoning Director THRU: FROM: Maxime Ducoste-Amedee Planner 0~ JATE: May 28,2003 3UBJECT: Abandonment of a 20-foot wide alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton (ABAN 03-006). NATURE OF REQUEST " the applicant and agent for Nicholas and Carmela DiLorenzo, Beril Kruger, is requesting to abandon a portion )f the 20-root wide alley located between N.E. 8th Avenue and N,E. 9th Avenue. This request to abandon a )ublic alley was submitted on March 6, 2003. This abandonment is for the following unimproved platted alley iegment: A segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. -he location map attached as Exhibit "AU shows the general vicinity of the street right-of-way to be abandoned. -he attached Exhibit "BU. "Proposed Abandonment" shows the location of the subject property and includes a :etailed location of the alley to be abandoned and its legal description. 'he following is a description of the zoning districts and land uses of the properties that surround the subject equest. North - A vacant parcel recently approved for an office/retail building (Schnars Business Center) zoned MU-L and farther north, N.E. 9th Avenue right-of-way; South - A retail commercial building, zoned C-4; East A single-family neighborhood. zoned R-1-A; and West North Federal Highway right-of-way, and farther west. a vacant retail commercial building, zoned C-4. BACKGROUND 1 March of 1925, the Plat of Lake Addition to Boynton was approved, It included several 20-foot wide alleys edicatee to the perpetual use by the public, reserving unto the developers or successors the right of reversion not usee as such. As such this clause is in favor of the original interest party if any right of way is abandoned. :'Jrsuant tc Floriea Statutes Sections 117.085, reversions contained in plats recorded prior to July 1, 1972 'age 2 lemorancur.1 i'lo. PZ 03-131 ,BAN 03-006 lould be extinguished if specific action were not taken to establish such rights on or before July 1, 1973. Under ;irection of the city's legal department, the applicant shall provide a statement confirming that such action was :ot taken, and providing assurance that, in the event that a future title issue arises from the abandonment, as it 21ates to the reversionary interest, the property owner shall provide any required defense of it at its sole cost md expense. -he property located on the west side of the alley segment to be abandoned has been subject to several code 'iolations from the City's Code Enforcement Division because of dumping in the subject alley. The applicant ias the intention of vacating the 20-foot alley to consolidate it with Lots 24, 25 and 26. That portion of the alley egment once vacated, will be fenced to prevent future illegal dumping. The 20-foot wide alley as shown on the urvey will be converted to a utility easement equivalent in width to the existing alley. When abandoned the Jt!easement will revert to the adjacent property owners. ANAL YSIS )ursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right- ;f-way to be abandoned, all utility companies have been notified and the request has been advertised in the ewspaper. A summary of the responses from the utility companies and city staff is as follows: :ITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning I\JO objection Approval with conditions (see Exhibit "C") No objection )UBLlC UTILITY COMPANIES Fionda Power and Light BellSouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Approval with conditions (see Exhibit "C") Approval with conditions No objection Approval with conditions (see Exhibit "C") N/A RECOMMENDATION ;taff has cetermined that the subject alley no longer serJes a public purpose, and therefore recommends that lis request to abandon the segment of the 20-foot wide alley as described above, be approved, subject to the omments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Community ~edevelopment Agency Board and the Commission will be placed in Exhibit "0" - Conditions of Approval. :: Central File P"M,nglSH"'RE€)IWP'PROJECTSID,Lorenzo "'B"'N uJ-<J02'sraff rooo".ooo Location Map Dilorenzo ABAN 03-006 EXHIBIT "A" R2 I I PU I 1 lit; ~o iC::: rl~ @ . I MulL I I R1~ \ \ \ \ : \ I, \ ~SITE iNE 8TH AVE \ \ \ , I I i >- s -1 <::( C::: l1J o l1J I..L 2 NE 9TH AVE ! i I \ 1 N -'- A 'Ny: 107'59'.1 5' c:mc WALK FCUNO 5/~' J ReN i?CO ~l (NO .'Vt'1J8E.~' Jl~ ( 'i') c, "" ~I Cl::' <..j ..... ?; c:.1 ~l <"'1 ~I .....1 VlI il!1 '-' 'T c.j Vl ;;-( ~I .,. Cl Cl:: ~ ~ .. :l <:: ~ f'I.:. , r,~ ,..I './:.'/L: I" .... .,. ....; ~I Ne, jrH AVe/fir .'1(. 7TH ..& '1[:.Le >- -.: ~ ~ 80 'fN ro/'l S~AC.'1 at '10. ~I I ~I ~ Cl c; Cl:: ~ ~ ~ LOCA nON MAP NO r ro SCALf: '- ; a'l a <I' ~ )... ;: ~ :;; ;:s;: .:; .:t: ... (jj ~ ::;::, <... -<.: ~ :::::;./ I r LECEND: t = CENTERLINE CONC. 2 CONCRETE WALL CHAIN LINK FENCE OVERHEAD UT;UTY L,'NES 5.S..\I.H, = SANITARY SEWE.'T MANHOL:: AREA = 2.825 SQUARE FE::T OR o 064 ACRES. MORE OR LESS FL 000 lONE: 8 DESCRIPTION: THA T POR TlON OF A 20 FOO r ALLEY ,::rICH r OF ~v ~ y L rlNC EAST OF AND ADJACENT TO LOTS 24. 25. AND 26. 8LOCK 4, LAKE ADDITION TO 80Y.vTQN EJE,~CH. ACCORDING TO THE pi A r THEREOF AS .::r[CCRCED :tv PLA T 800K If. PAGE j, OF THE PU8L1C RECORDS CF PALM 8EACH COUNTY. FLORIDA. L ,) r 2_~ EL :;CI~/ ..; ./' ~-~Ut.'O j/3~... RCN ?CO .. ('"/0 8I.iM8(.~) ~ ~j /'" :"i ) <:>1, iY1 1 1 J ' 1 :' j , U /"'."~ ~) ". LOT 24 BLOCK 4 LOT 25 BL OCK 4 LOT 26 BL OCK 4- , ~ I )"S.S,UH o-~-- NE 8 TH A VENUE P A V f: 0 I ,/ I EXHIBIT B PROPOSE'O N ( ABANDONMENT]. , LOT 20 i I Qf Ocv, ,j I L-'L r,.,. -+ J ! I I 1-r- (I.;NlIJPRO'I[OJ ..., I I I ''-'j2; 5/J. RCN .~C:J N/rH CAP /,,1 J;J "- Cl"" :::~ G'(~ .'C: "- .... " t~ ..... ~ Cl r-., "7- '" '""-' ""::I- ...... LOT 27 BL OCK 4 MAP OF BOUNDARY SURVEY I /'t€P!3r CE,rUFr fHAT rHlS SURVEY "'.AS l./AC! I.'NOE,~ l4Y .~~PCNS81.f C/-fARCE AND !JE(rS rl<<€ ~101 r(C.'"NeAL srMfCAROS AS SEr r,-'!nu 9r (I-'[ FtCRtJA aOARO at" ~OFr!SJONAL St.:RV€YORS AN) J.lA~RS H Clf.<4;J'!....? 5/C:l-o. flCRO,4 A~!MSjRAnV! CCOC. P-fiSUANr ro sccrX:H 472.011. rtc."(('~ srArur€s. NO r V"'L D "'T}<OU r n.c .9CNA r'tIfC AHJ jH€ ~c. AA,sea se.." OF A ltOR'VA I./CDY'SCa StRV(Y()lr AIWJ wAPP'!if. Q ...J)~ PAl:~ :), F.'IC SURV[T~R ~ MAPPS::rj5708 O'BRIEN, SUITER & O'BRIEN, INe. LAND SURVEYORS crRfrlCMr OF AUfHOR/ZMICN ILSJ5J :.(jRVnCR ANO \IAPP[.~ t# R€SPONSlJL[ CHARC[: PA/A. 0, [NCt: 2601 NOR rH Fto€RAL HlCHWAr, OHRA y 9[ACH. FWROA 'JJ 4dJ (~6/) Z76-~50/ 7J2-J177 FH 276-ZJ90 OArr,y ~ytr IIA ( 2~. Z002 50"!: ,: 2C~ =-=-:zn~ ~~ -r ~ _______ . ----:- - - - - - ---- - - - - - - - - - - - - - ---,- ' '. l I I I ... l, ~~ c i ~ r ~ . '---.-\ . IO-L40r - ~ _ . ' . ..... a.. . o :~.~ 'J ~ 6 0 ~ ~ n:i 0 (0] -, > r~ L- ~ nel ...' Cl r-; :;J F2J ~. - o ~CJ. ~ l'lr- ~ ;JiCrJ g :::;0 go ~ , -:-'u) >0 ~> ...- C!l - ~. : \. J - ., ....... - . 8-.. LD 0 . (,;1 O. OJ. o ~ Z , -, " .... , .... - - ')- " . " "' IT B EXHI~OONMENT PROPOSED AS I D!J<Ir. r ~ ~ M - HIGHW^y .a.~ .. , ~ ~ , .. ~ - n :r: - C} P 7 - > < (1 .. I 0.: \:.0.. .:. r;. \..:~..i EXHIBIT "e" -,'1delphia Engineering Department L 40 1 Northpoint Park:\.vay vi/est Palm Beach, FI 33047 February 21,2003 Benl Kruger Planning & ~nfng Counsuftants 9 NE. l6lh Street DeLray Beach, Fl 33444 RE: Letter of Abandonment l.e. : Lot 24 thru 26, Block-4, Lake Addition to Boynton Beach, According to the Plat thereof as Recorded in Plat Book 11, Page 71, Of the Public Records of Palm Beach County, Florida. Dear Mr. Kruger: In reviewing your request on the above ref. proj ect, Adelphia ( WPB ).. .has no obj ections in the abandoning of easement to the above legal description, as long as Adelphia facilities are granted the proper easements. We have facilities on the north east section that require proper easements. Should you have any other questions, please feel free to call me at 1-561-656-8932/ F2..,"( Numbers - 1-561-640-3996 / e-mail s.amuer.zonz3.!~t@adetpnia.com Sm:e:dy, /~~~ Samuel Go~~ Field Coordinator Adelphia Engineering Group n I...... ~ Florida Public j Utilities Company tf!f~tWIPNjlOf1&tllH-- .,,-- c: EXHIBIT "e" P,O. Box 3395 West Palm Be:J.ch fL 33402-3395 (561)832-2461 July 8, 2002 Mr. Beril Kruger Beril Kruger Plannin & Zoning Consultants 9 NE 16th St. Delray Beach, FL 33444 RE: N.D. Auto, 902 N. Federal Hwy., Boynton Beach, FL 33435 Dear i\tk Kruger: Please be advised the Florida Public Ucilities Company has no objection to the abandonment of the existing easement described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. Sincerely, ~=~ cc: D.E. Pellico c.c. Canino c C' EXHIBIT "elf @J BELLSOUTH BellSoUlh Telecommunicalion~. Inc. EN(jINEERING DEPT.. RM. 107 ZOZ I SO. MILITARY TRAil WEST PAL"l BEACH, Fl 33J15 July 11, 2002 Mr. Beryl Kruger 9 Northeast 16th Street Delray Beach, FL 33444 RE: NOTIFICATION OF UTILITY PROVIDER LETTER FOR ABANDONMENT OF ALLEY RJW N. D. AUTO, 902 NO. FEDERAL HIGHWAY, BOYNTON BEACH, FL Dear Mr. Kruger: , BellSouth does object to the abandonment of the alley right-of way due to our existing facilities in said right-of-way. If you execute a utility easement document that encompasses our existing facilities then we will have no objection to the abandonment of the alley right-of-way. If you require any additional information, please call me at 561-439-9118. Yours truly, ~f.<~ ~ Michael F. Koenig U Specialist - OSPE MFK:is -- ( c: August 5, 2002 Beril Kruge; Plarlllllg & ZDning Counsultants 9 NE. 16th: ;treet Delray Beat \ Fl. 33444 RE: Legal .c'-::scription: Lots 24 tL u 26, Block-4, Lake Addition to Boynton Beach., According t.) the Plat Thereofas] ecorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Forida.. Dear Mr. K'uger: Florida PO\\ er & Light ~ no objections in U:e abandoning of e3Sements to the above legal descrir tion, as long as Florida Power & Light facilities are granted the proper easements. We have facilities on the north east section oflot 24 that require proper easemenlS. Sincerely, ue1 Sardinas orner Project Manager ,gXHIBIT "elf EXHIBIT "D" Conditions of Approval Project name: DiLorenzo File number: ABAN 03-006 I DEPARTMENTS , INCLUDE , REJECT I PUBLIC WORKS- General Comments: 1. The proposed replacement easement shall be no less in width than the X existing alley. 'The twenty (20) foot wide alley shall be replaced with a twenty (20) foot utility easement. PUBLIC WORKS- Traffic Comments: None X , I UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREA nON , Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I Comments: 2. No structures shall be constructed or landscaping placed within the utility X easement without express written consent of all legal entities occupying said easement. PRlV A TE UTILITIES Comments: 3. Adelphia has no objections to the abandonment as long as Adelphia X facilities are granted the proper easement. 4. Florida Power & Light has no objections to the abandonment as long as X Florida Power & Light facilities are granted the proper easement. Florida Power & Light have existing facilities on the north east section of Lot 24 that require proper easements. 5. Florida Public Utilities Company has no objections to the X abandonment. F.P.U.C. have no ilnderground gas distribution located within the limits of the proposed abandonment. 6. Bellsouth objects to the abandonment of the alley right-of-way due to X BeIlsouth existing facilities in said right-of-way. If a utility easement document that encompasses Bellsouth existing facilities then we will have no objection to the abandonment of the alley right-of-way. ADDITIONAL COiYEVHJNITY REDEVELOPME:';'T AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I l. To be determined. I I I S.'JIlann"'Q\S...AREO\WP'PROJECTS\Scn"at'S Btnlnes& CtM8AN 02-o0J\COA.lSOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: DiLorenzo Abandonment APPLICANT'S AGENT: Beril Kruger - Planning & Zoning Consultants APPLICANTS ADDRESS: 9 NE 16th Street De/ray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 17,2003 TYPE OF RELIEF SOUGHT: Request abandonment of a segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. LOCATION OF PROPERTY: 902 North Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT liB" 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 DA TED: S. \PI.nn,nqISI-IAR EDIW P' PROJECT 3IQ'L orenzoA BANIOO. doc City Clerk 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 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 Deadline for Submittal to City P & D/CRA Requests Deadline Commission Meeting Clerk's Office Dates C8]Au ust 51 2003 DAu ust 19, 2003 DSe tember 2, 2003 DSe tember 16 2003 DOctober 7 2003 DOctober 21, 2003 DNovember 5, 2003 DNovember 18, 2003 Departments are responsibl~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 C8] All exhibits are attached & marked e. ., Exhibit "A' C8] Department Head's initials: DiLorenzo Abandonment Please do not write in the shaded area below. Legal Department signature D ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing D Incomplete submittal D Missed deadline D Other D Reason: City Manager's signature D Person contacted to pick up rejected request by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover CHECKLIST Aug S-Nov 18, 2003.doc on (Date) .. /' ~\... y.....'2,,> \, ! (l: \ ~/ (; OJ- ", 0" /~ "" '~' ;:~ ~l \-) 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 April I, 2003 March 17,2003 (Noon.) 0 June 3, 2003 May 19, 2003 (Noon) 0 April IS, 2003 March 31, 2003 (Noon) 0 June 17, 2003 June 2, 2003 (Noon) 0 May 6, 2003 April 14, 2003 (Noon) 0 July I, 2003 - Canceled June 16,2003 (Noon) 0 May 20, 2003 May 5, 2003 (Noon) rgJ July 15,2003 June 30, 2003 (Noon) 0 Administrative rgJ 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 July 15,2003 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission with a unanimous vote, recommended that the subject request be approved under Public Hearing on June 17,2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-131. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: DiLorenzo Abandonment (ABAN 03-002) Beril Kruger, Planning and Zoning Consultants Nicholas and Carmela DiLorenzo 902 N. Federal Highway Request for abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Block 4, Lake Addition to Boynton, and the replacement with a utility easement. PROGRAM IMP ACT: FISCAL IMP ACT: N/A N/A ALTERNA~ lljNg De opment epartmentD ector City Manager's Signature 11--J ~ Planning and Zoning ector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\DiLorenzo ABAN\Agenda Item Request Dilorenzo ABAN 03-002 7-15-03.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-131 .~ . TO: Chairman and Members Community Redevelopment Agency Board Michael W. Rumpf f'\ L.J ~ Planning and Zoning Director THRU: FROM: Maxime Ducoste-Amedee Planner 0~ DATE: May 28,2003 SUBJECT: Abandonment of a 20-foot wide alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton (ABAN 03-006). NATURE OF REQUEST The applicant and agent for Nicholas and Carmela DiLorenzo, Beril Kruger, is requesting to abandon a portion of the 20-foot wide alley located between N.E. 8th Avenue and N.E, 9th Avenue. This request to abandon a public alley was submitted on March 6, 2003. This abandonment is for the following unimproved platted alley segment: A segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the 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 subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - A vacant parcel recently approved for an office/retail building (Schnars Business Center) zoned MU-L and farther north, N,E. 9th Avenue right-of-way; South - A retail commercial building, zoned C-4; East A single-family neighborhood, zoned R-1-A; and West North Federal Highway right-of-way, and farther west, a vacant retail commercial building, zoned C-4. BACKGROUND In March of 1925, the Plat of Lake Addition to Boynton was approved, It included several 20-foot wide alleys dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion if not used as such. As such this clause is in favor of the original interest party if any right of way is abandoned. Pursuant to Florida Statutes Sections 117,085, reversions contained in plats recorded prior to July 1, 1972 Page 2 Memorandum No. PZ 03-131 ABAN 03-006 would be extinguished if specific action were not taken to establish such rights on or before July 1, 1973, Under direction of the city's legal department, the applicant shall provide a statement confirming that such action was not taken, and providing assurance that, in the event that a future title issue arises from the abandonment, as it relates to the reversionary interest, the property owner shall provide any required defense of it at its sole cost and expense. The property located on the west side of the alley segment to be abandoned has been subject to several code violations from the City's Code Enforcement Division because of dumping in the subject alley. The applicant has the intention of vacating the 20-foot alley to consolidate it with Lots 24, 25 and 26. That portion of the alley segment once vacated, will be fenced to prevent future illegal dumping. The 20-foot wide alley as shown on the survey will be converted to a utility easement equivalent in width to the existing alley. When abandoned the lot/easement will revert to the adjacent property owners. ANAL YSIS 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 utility 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 DEPARTMENTSIDIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection Approval with conditions (see Exhibit "C") No objection PUBLIC UTILITY COMPANIES Florida Power and Light BellSouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Approval with conditions (see Exhibit "C") Approval with conditions No objection Approval with conditions (see Exhibit "e") N/A RECOMMENDATION Staff has determined that the subject alley no longer serves a public purpose, and therefore recommends that this request to abandon the segment of the 20-foot wide alley as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "0" - Conditions of Approval. xc: Central File S,\PI.nnongISI-IAREOIWP'PROJECTS\D,Lorenzo ABAN OJ-002'staff repor1.doc Location Map Dilorenzo ABAN 03-006 EXHIBIT "A" R~ ! PU I 1 I'~ ~o rl: (i) I I I I >- S ::r:: -.J <( cc UJ o UJ lJ... Z [ I I ' , i I I ! ! I \' NE 9TH AVE \ R1~ C2 N A Co J :1 ~I '<.J 9 r H A Vt-:ILE '- ~I .... ... ~ j rH .A V[,'lUE >-.: V1 <:. 7 rH A'I[Nut Cl:: lq l...J '- ~ ~ Co SITE '" l...J <: V1 >- '< ~ to ':: BOYNTON BEACH Bl'IO Vi :::l LOCA nON MAP NO r ro SCAl[ >.. ~ ~r' ; ~ :" .;s;: .;; ~ ~ ::-... I:] J:. ~ ~'i I I~ 107.59' LEGEND: t == CENTERLINE CONC. == CONCRETE WALL CHAIN LINK FENCE OVERHEAD UTiUTY LiNES S's.\/.I-I. == SANITARY SEWER MANHOLE J( AREA == 2,825 SOUARE FEET OR 0,064 ACRES, MORE OR LESS FLOOD ZONE: B LOT 26 BL OCK 4 DESCRIPTION: THAT PORTION OF A 20 FOOT ALLEY FliGHT OF W4Y L 'fING EAST OF AND ADJACENT TO LOTS 24, 25. AND 26. BLOCK 4. LAKE ADDITION TO BOYNTON 80CH. ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 1/, PAGE 7/ OF THE PUBLIC RECORDS OF PALM BEACN COUNTY, FLORIDA. LOT 23 EL CCK -/- EXHIBIT B PROPOSE'D ~ IABANDONMENT1' LOT 20 I I / 0" BLOCK -/- +~" I ~ +-1- _ , l--- ' o7t'5' ALLEY /?/CHr CF NAY f : ~O. 18' (UNlMPROvml I . . ....~~o '0'1. ----- '-SET 5/3'" ,RCN i~CO NI rH CAP /U3 J5J ;'QUNO 5/3._ RCN ROO \ (NQ N/../M8[R) \ I LOT 24 BL OCK 4 LOT 25 BL OCK 4 "1- C\J' '" ::t I I I 1 f I I I I I I ~ LOT 27 BL OCK 4 '- ~ "- 0___ "-~ - " Goe l1: ~ )....~ l...J"'- ..., ..., '" o '" "1- C\J '" "t- ..... ct I ~ 1 ls.s,j,/,H. c;r~-- - NE 8 TH A VENUE PA V[O MAP OF BOUNDARY SURVEY I HEREBY C[RrFr rHA r THIS SURVEy .....AS "ACE UNDER !.iY /?I::. ';"'ONS8L[ CHARC[ )./'4) J./E[ rs rl-€ J.JNJJL1J rEChHCAL s r ,J.}I()AROS AS Sf r rL'1?I H 9 r r~ FL OR:tJ.A. BOARD OF PRQfESSK:>NAL SlJRVf'fORS AM) UAPPfRS II CJ(~P'C,~ oICJ7-o. FlCRO.A AC4JlMSrRATlV( coot:. p'.RSUAHr ro SE:CrlOH 'nOll. FlG.'C''' SrAfUf(S, NOr VALD If1rHOUf n-c SICNA rtl?f AM) TI-t€ ORGN.A(, RAIS<O SEAL OF A ...-tORVA L.CCNSCQ 5UfVeYOR AIWJ WAPPfi!f. Q~J~ PAUL U. {.^IG SURVt'r:W .k MAPPO,? .15708 O'BRIEN, SUITER & O'BRIEN, INC. LAND SURVEYORS CrRr:FICATe OF AUTHORIZA TION Il8J5J SURvnOR ANOIJAPPF:.~ II ReSPONSiBLe CHARCe. PAUl D [NClE 2601 NORTH FEDERAl HlCHWA r, DELRAr SEACH. FLORIOA JJ,8J (561) 276-4501 7J2-J279 FH 275-2190 QA rr Ji :;tRY[r ,\fA ( 24. 2002 I rno JOCW ,lAC( ..of). SOLC I" = 2C" JHOt.R ,...) ~ '" "- ... ... ... - -.,.- " . " XHIBIT B E ABANDONMENT PROPOSED J.-- ..- ---\ . _ IY"L.1' -.:. -- ~ _ .~ . 3:l!! .> 0 'i1> r-- r-' 0, "T rJ . ...... ., ...... , 8~ (\) 0 . (}1 O. OJ o ~ Z , -, o Z-j o ~ r o C2 '0 t12 ~ Z -L ,.;--- '()rl . -" G1~ o l00. l1r ~~ <l'J . -(] 00 G r ~ ~ [M .~ g (Ej] ~ Cl C1 ~ (0 ~ ... HI G1-'1\.y ^ Y :r "- () :t -. C) p ..; - > < ~ .. I C'': . .. .... ." ~ \." .l !....... EXHIBIT "e" 7'-1.delphia Engineering Department 1401 Northpoint Parkway West Palm Beach, F133047 February 21,2003 Beri1 Kruger Planning & ZonIng Counsultants 9 NE. 16lh Street Delray Beach. F133444 RE: Letter of Abandonment Le. : Lot 24 thru 26, Block-4, Lake Addition to Boynton Beach, According to the Plat thereof as Recorded in Plat Book 11, Page 71, Of the Public Records of Palm BeacD County, Florida. Dear Mr. Kruger: In reviewing your request on the above ref. project, Adelphia (WPB ). ..has no objections in the abandoning of easement to the above legal description, as long as Adelphia facilities are granted the proper easements. We have facilities on the north east section that require proper easements. Should you have any other questions, please feel free to call me at 1-561-656-8932/ Fa.x NUlnbers - 1-561-640-3996 / e-mail samuel.zonzalez(cV.adelphia.com Sin::erely, /~6 Samuel Go~~ Field Coordinator Adelphia Engineering Group n "~ ~ Florida Public i Utilities Company tli/I~~/+qtJ(JI1&;1iJ,- ~ c: EXHIBIT "e" P.O. Box 3395 West Palm Beach FL 33402-3395 (561)832-2461 July 8, 2002 Mr. Beril Kruger Beril Kruger Plannin & Zoning Consultants 9NE 16thSt. Delray Beach, FL 33444 RE: N.D. Auto, 902 N. Federal Hw-y., Boynton Beach, FL 33435 Dear iYlr. Kruger: Please be advised the Florida Public Utilities Company has no objection to the abandonment of the existing easement described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. Sincerely, %~=~ cc: D.E. Pellico c.c. Canino r , -' C' EXHIBIT "e" @ BELLSQU.rH BellSouth Telecommunicalions. Inc. ENGINEERING DEPT.. RM. 107 2021 SO. MIlITARY TRAil WEST PAU,18EACH, Fl 33415 July 11, 2002 Mr. Beryl Kruger 9 Northeast 16th Street Delray Beach, FL 33444 RE: NOTIFICATION OF UTILITY PROVIDER LETTER FOR ABANDONMENT OF ALLEY RfW N. D. AUTO, 902 NO. FEDERAL HIGHWAY, BOYNTON BEACH, FL Dear Mr. Kruger: Bel/South does object to the abandonment of the alley right-of way due to our existing facilities in said right-of-way. If you execute a utility easement document that encompasses our existing facilities then we will have no objection to the abandonment of the alley right-of-way. If you require any additional information, please call me at 561-439-9118. Yours truly, ~f.i~ /' W Michael F. Koenig :> a Specialist - OSPE MFK:is ~-. i r: August S, 2002 Beril Krugei Plalllling & liming Counsultants 9 NE. 16th ~ jtreet Delray Beac \ Fl. 33444 RE: Legal P-;:scnption: Lots 24 tL u 26, Block-4, Lake Addition to Boynton Beach, According t.) the Plat Thereof as J ecorded in Plat Book 11, Page 71, of the Public Records ofPaIm Beach County, Fonda. Dear ivfr. K'uger: Florida PO\\ er & Light ~ no objections in ~he abandoning of easements to the above legal descril tion, as long as Florida Power & Light facilities are granted the proper easements. We have facilities on the north east section oflot 24 that require proper easements. Sincerely, uel Sardinas orner Project Manager . gX H I BIT "c " EXHIBIT "D" Conditions of Approval Project name: DiLorenzo File number: ABAN 03-006 I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: 1. The proposed replacement easement shall be no less in width than the X existing alley. 'The twenty (20) foot wide alley shall be replaced with a twenty (20) foot utility easement. PUBLIC WORKS- Traffic 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 FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 I DEP ARTMENTS I INCLUDE I REJECT I Comments: 2. No structures shall be constructed or landscaping placed within the utility X easement without express written consent of all legal entities occupying said easement. PRIV A TE UTILITIES Comments: 3. Adelphia has no objections to the abandonment as long as Adelphia X facilities are granted the proper easement. 4. Florida Power & Light has no objections to the abandonment as long as X Florida Power & Light facilities are granted the proper easement. Florida Power & Light have existing facilities on the north east section of Lot 24 that require proper easements. 5. Florida Public Utilities Company has no objections to the X abandonment. F.P.U.C. have no underground gas distribution located within the limits of the proposed abandonment. 6. Bellsouth objects to the abandonment of the alley right-of-way due to X Bellsouth existing facilities in said right-of-way. If a utility easement document that encompasses Bellsouth existing facilities then we will have no objection to the abandonment of the alley right-of-way. ADDITIOI'AL COM~n.JNITY REDE\TELOPMEXT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S.\PlannIf'lQISHARED\WP\PROJECTS\SChnm Business CtMBAN 02-003\COA.dOC DEVELOPMENT ORDER OF THE CITY COMMiSSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: DiLorenzo Abandonment APPLICANT'S AGENT: Beril Kruger - Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 NE 16th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 17, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. LOCATION OF PROPERTY: 902 North Federal Highway Boynton Beach, FL 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 DA TED: City Clerk S, IPfanntnglSHAREDlWPIPROJECTSID,LorenzoABANIDO, 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 CODY of agenda reauest (with back UD) 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 DA rill, 2003 DA ril 15, 2003 DMa 6, 2003 DMa 20 2003 DJune 3 2003 DJune 17, 2003 DJul 1, 2003 ~Jul 15, 2003 Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office -Cancelled Departments are responsible for securing the following si natures on attached A enda Re uest Form: De artment Head 0 Wilfred Hawkins for de artments under Administrative Services 0 Finance De artment for items that involve ex enditure of funds 0 All back u material is attached ~ All exhibits are attached & marked e. ., Exhibit "A' ~ ~~V~ Department Head's initials: Dilorenzo Abandonment CABAN 03-002) First Reading Please do not write in the shaded area below. Legal Department signature 0 City Manager's signature o ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other 0 Reason: Person contacted to pick up rejected request by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover CHECKUST Apr 1-July 15, 2003.doc on (Date) /SL\1'Y 0 '.,/"." (.__, r- .'. '> " '.. ~' l \ [ 1 ; l en \ ; X ',0\ /0 J-.v-. ,/v"- ". "0 ~J \:> 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 April 1,2003 March 17,2003 (Noon.) 0 June 3, 2003 May 19,2003 (Noon) 0 April IS, 2003 March 31, 2003 (Noon) rgJ June 17, 2003 June 2, 2003 (Noon) 0 May 6, 2003 April 14, 2003 (Noon) 0 July 1,2003 June 16,2003 (Noon) 0 May 20, 2003 May 5,2003 (Noon) 0 July 15,2003 June 30, 2003 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda rgJ Public Hearing 0 Code Compliance/Legal Settlements 0 Unfinished Business RECOMMENDA nON: Please place this request on the June 17, 2003 City Conunission 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 03-131. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: DiLorenzo Abandonment (ABAN 03-002) Beril Kruger, Planning and Zoning Consultants Nicholas and Carmela DiLorenzo 902 N. Federal Highway Request for abandonment of the 20-foot wide alley lying east of and adjacent to lotS 24, 25, and 26, Block 4, Lake Addition to Boynton, and the replacement with a utility easement. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ",,; / N/A N/A N/A City Manager's Signature lanning and oning Director City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\PROJECTS\DiLorenzo ABAN\Agenda Item Request Dilorenzo ABAN 03-002 6-17 -03.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-131 FROM: Chairman and Members Community Redevelopment Agency Board V' Michael W. Rumpf 1\ l.J Planning and Zoning Director Maxime Ducoste-Amedee i A~ Planner fJ' TO: THRU: DATE: May 28, 2003 SUBJECT: Abandonment of a 20-foot wide alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton (ABAN 03-006). NATURE OF REQUEST The applicant and agent for Nicholas and Carmela Dilorenzo, Beril Kruger, is requesting to abandon a portion of the 20-foot wide alley located between N.E. 8th Avenue and N.E. 9th Avenue. This request to abandon a public alley was submitted on March 6, 2003. This abandonment is for the following unimproved platted alley segment: A segment of that certain 20-foot alley lying east of and adjacent to lots 24, 25 and 26 Block 4, lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the 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 "8"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - A vacant parcel recently approved for an office/retail building (Schnars Business Center) zoned MU-L and farther north, N.E. 9th Avenue right-of-way; South - A retail commercial building, zoned C-4; East A single-family neighborhood, zoned R-1-A; and West North Federal Highway right-of-way, and farther west, a vacant retail commercial building, zoned C-4. BACKGROUND In March of 1925, the Plat of Lake Addition to Boynton was approved. It included several 20-foot wide alleys dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion if not used as such. As such this clause is in favor of the original interest party if any right of way is abandoned, Pursuant to Florida Statutes Sections 117.085, reversions contained in plats recorded prior to July 1, 1972 Page 2 Memorandum No. PZ 03-131 ABAN 03-006 would be extinguished if specific action were not taken to establish such rights on or before July 1, 1973. Under direction of the city's legal department, the applicant shall provide a statement confirming that such action was not taken, and providing assurance that, in the event that a future title issue arises from the abandonment, as it relates to the reversionary interest, the property owner shall provide any required defense of it at its sole cost and expense. The property located on the west side of the alley segment to be abandoned has been subject to several code violations from the City's Code Enforcement Division because of dumping in the subject alley. The applicant has the intention of vacating the 20-foot alley to consolidate it with Lots 24, 25 and 26. That portion of the alley segment once vacated, will be fenced to prevent future illegal dumping. The 20-foot wide alley as shown on the survey will be converted to a utility easement equivalent in width to the existing alley. When abandoned the lot/easement will revert to the adjacent property owners. ANAL YSIS 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 utility 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 BellSouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Approval with conditions (see Exhibit "C") Approval with conditions No objection Approval with conditions (see Exhibit "C") N/A RECOMMENDATION Staff has determined that the subject alley no longer serves a public purpose, and therefore recommends that this request to abandon the segment of the 20-foot wide alley as described above, be approved, subject to the comments included in Exhibit "0" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central File S:IPlanningISHAREDIWPIPROJECTSIDiLorenzo ABAN 03-0021staff report.doc Location Map Oi Lorenzo ABAN 03-006 EXHIBIT "A" PU >- S :r -J <( cc LLJ a LLJ l..L. Z (I) I I \ I I I I \ I II \ NE 9TH AVE SITE NE 8TH AVE [ IJ \ \ [ U \ \ \l1 N -'- w-</-' EXHIBIT, B ~ PROPOSED ~ ;;:;-- ! ABANDONMENT ~ LOT 23 LOT 20 Cl Cl BL OCK 4 BL OCK 4 Cl:: ;;; '" <r) Cl 0) 4j Q: FOUND 5/8"_ 4.J ~ 1::: HE 9 TH A V[,'./I-,E .RON ROO \ I- Cl (NO NUMBER) ;:: en ;:<:, 15' ALLEY RICHT OF WA Y V) I- ~ (UNIMPROVED) Cl:: (J }:: - ~ ~ ~ c:i SITE ..-/ SU 5/B" IRON '" ROO WITH CAP 4.J <: IL B J5J V) >- '" ;;:: ~ :e BOYNTON BEACH BL VO. LOT 24 vi BL OCK 4 ::.i L OCA nON MAP NO T TO SCALE LOT 25 BL OCK 4 I I I I I I I I I I I ~ >- ~ L... Cl", "t:J ~6 o:! >-~ (","- " " '" C) '" ~ C\j '" ;t LOT 27 BL OCK 4 ;;:;-- ~ C\j '" ;t / / I !\ f~ I~ : f!i ,,., ~bi ,>- /~ /~ /~ " ~ I I , / , / ' , ,")0 ~ .').'). , t'). I I ~ >.... ~ ~ ~ Vi ::i & ~ .... Co .;j .... c; I;] it LOT 26 BL OCK 4 LEGEND: t = CENTERLINE CONC. = CONCRETE = WALL ct J ~ J 1 S.S.J./.H. o---=--~ - NE 8 TH A VENUE PA VEO )( l( = CHAIN LINK FENCE - = OVERHEAD UTILITY LINES MAP OF BOUNDARY SURVEY S,S,MH = SANITARY SEWER MANHOLE AREA = 2,825 SQUARE FEET OR 0,064 ACRES, MORE OR LESS FL 000 lONE: B I HEREBY CERTFY TWo T THIS SURVEY WAS !.fADE UNDER !.fY Rt SPONSI8LE CHARGE AND !.fEETS THE iJfNfJIUII TECHNICAL STANDARDS AS SET Fl'lWI BY THE Fl DRI/JA BOARD OF PROfESSJONAL SURVEYORS AM! UAPPfRS " CIIAPfLR 6/G/1-6. FLORDA AOIJlNfSrRATlVE CDOf. PURSUAHT TO seCTION H2.D21, FlDRf" STATUTES. NOr VALD wm..H)Ur nE SJCNA nRf: AH() rHE ORtGnAL RAISED SEAL Of' A FlORVA LICENSEO SlRVCYOR AND IJAPPER. Q...j} ~ PAUL O. F.^IG SURVE'rC'R &- MAPP(R 15708 OESCRIP nON: THA T PORTION OF A 20 FOO T ALLEY RIGHT OF WA Y LYING EAST OF AND ADJACENT TO LOTS 24, 25, AND 26, BLOCK 4, LAKE ADDITION TO BOYNTON BEACH, A CCORDING TO THE PLA T THEREOF A S RECORDED IN PLA T BOOK II, PAGE 7/ OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. O'BRIEN, SUITER & O'BRIEN, INC. LAND SURVEYORS CfRTlFlCA rE OF AurHOR/IA nON IlB353 SURVEYOR AND MAPPER II RESPONSIBLE CHARGE. PAUl 0 ENGLE 260/ NORrH FEDERAl HIGHWAY, DELRAY BEACH, FLORIQA '33483 (561) 275-450/ 732-3279 FAX 275-2390 @ COPYRIGIIT 2002 OUREN, SUITER ,t, O'8RCH. foIC. DA rr OF 5tIlVfY MA Y 24, 2002 FllD BOO/( PAC;f: NO. 8./58 39 SCALE. ," = 20. ORDER NO.: 78-7 JOd"A " - ~ 'II '" - - ')' " . EXHIBIT "B" PROPOSED ABANDONMENT - .. ~7.lJ -- -- _~ ~-r- -- 1- _ _ c:- ;;-;... ~ _ _ "l- --- --- ~ B . Oc I . --,-___ ......l~ '. -- I . - ~ .. ~ ... ,I ~ -- · .. ~ ~ l .. 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I. t .. .... .. . Etj '. 4-~ ,~ ";'-ij - ...u r r ,. - .r -- -- --------- 'C f""\"\...TTn 1'-J f\OUL'EVARD D1 )(1l; .,.. ..., 111 C11WAY . ,:- 0i \ ~ c! EXHIBIT "e" -,~delphia Engineering Department 1401 Northpoint Parkway West Palm Beach, Fl33047 February 21,2003 Beril Kruger Plannin~ & Zoning Counsultants 9 NE. 16 II Street Delray Beach, FI 33444 RE: Letter of Abandonment Le. : Lot 24 thru 26, Block-4, Lake Addition to Boynton Beacb, According to the Plat thereof as Recorded in Plat Book 11, Page 71, Of the Public Records of Palm Beach County, Florida. -. Dear Mr. Kruger: In reviewing your request on the above ref. project, Adelphia ( WPB ).. .has no objections in the abandoning of easement to the above legal description, as long as Adelphia facilities are granted the proper easements. We have facilities on the north east section that require proper easements. Should you have any other questions, pleaso feel free to call me at 1-561-656-8932/ Fax Numbers - 1-561-640-3996 / e-mail sarnueI.2onzalez(@.adelphia.com Sincerely, .~~ "---Samuel Go~~ Field Coordinator Adelphia Engineering Group n "- ~ Florida Public i utwties Company tfrE~~Pl'QjJtll1&dl#Jr .,,-- ( EXHIBIT "e" , I '. P.O. Box 3395 West Palm Beach FL 33402-3395 (561)832-2461 July 8, 2002 .. Mr. Beril Kruger Beril Kruger Plannin & Zoning Consultants 9 NE 16th St. Delray Beach, FL 33444 RE: N.D. Auto, 902 N. Federal Hwy., Boynton Beach, FL 33435 Dear Mr. Kruger: Please be advised the Florida Public Utilities Company has no objection to the abandonment of the existing easement described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. Sincerely, ;g=~ cc: D.E. Pellieo C.C. Canino r; ,~. C"." EXHIBIT "e" @ BELLSQU.TH BellSoullt Telecommunications, Inc, ENGINEERING DEPT. - RM. 107 2021 SO. MILITARY TRAIL WEST PALM BEACH, FL 33415 Ju/y 11, 2002 Mr. Beryl Kruger 9 Northeast 16th Street De/ray Beach, FL 33444 RE: NOTIFICATION OF UTILITY PROVIDER LETTER FOR ABANDONMENT OF ALLEY R/W N. D. AUTO, 902 NO. FEDERAL HIGHWAY, BOYNTON BEACH, FL Dear Mr. Kruger: BellSouth does object to the abandonment of the alley right-of way due to our existing facilities in said right-of-way. If you execute a utility easement document that encompasses our existing facilities then we will have no objection to the abandonment of the alley right-of-way. If you require any additional information, please call me at 561-439-9118. Yours truly, ~f<~ W Michael F. Koenig j.5 U Specialist - OSPE MFK:is -- { (-' August 5, 2002 Beril Kruge; Plalllllng & Zoning Counsultants 9 NE. 16th: ;treet Delray Bea( \ Fl. 33444 RE: Legal r~scription: Lots 24 tt u 26, Block-4, Lake Addition to Boynton Beach, According t.) the Plat Thereofas] ecorded in Plat Book 11, Page 71, ofthe Public Records of Palm Beach County, Forida. Dear Mr. K' uger: Florida PO\\ er & Light ~ no objections in the abandonillg of easements to the above legal descril tion, as long as Florida Power & Light facilities are granted the proper easements. We have facilities on the north east section of lot 24 that require proper easements. Sincerely, uel Sardinas orner Project Manager E;:XHIBIT "e" .. EXHIBIT "D" Conditions of Approval Project name: DiLorenzo File number: ABAN 03-006 DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. The proposed replacement easement shall be no less in width than the X existing alley. The twenty (20) foot wide alley shall be replaced with a twenty (20) foot utility easement. PUBLIC WORKS- Traffic 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 FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 DEP ARTMENTS INCLUDE REJECT Comments: 2, No structures shall be constructed or landscaping placed within the utility X easement without express written consent of all legal entities occupying said easement. PRIV A TE UTILITIES Comments: 3. Adelphia has no objections to the abandonment as long as Adelphia X facilities are granted the proper easement. 4. Florida Power & Light has no objections to the abandonment as long as X Florida Power & Light facilities are granted the proper easement. Florida Power & Light have existing facilities on the north east section of Lot 24 that require proper easements. 5. Florida Public Utilities Company has no objections to the X abandonment. F.P,U.C. have no underground gas distribution located within the limits of the proposed abandonment. 6. Bellsouth objects to the abandonment of the alley right-of-way due to X Bellsouth existing facilities in said right-of-way. If a utility easement document that encompasses Bellsouth existing facilities then we will have no objection to the abandonment of the alley right-of-way. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Plannlng\SHARED\WP\PROJECTS\Schnars BUSIness Ctr\ABAN 02.Q03\COA.doc DEVELOPMEI\IT ORDER OF THE CITY COMMIS~ .jN OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: DiLorenzo Abandonment APPLICANT'S AGENT: Beril Kruger - Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 NE 16th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 17, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. LOCATION OF PROPERTY: 902 North Federal Highway Boynton Beach, FL 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: S :IPlanningISHAREDlWPIPROJECTSID, LorenzoABANIDO .doc City Clerk 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 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 DA rill, 2003 DA ril 15, 2003 DMa 6 2003 DMa 20 2003 DJune 3, 2003 [2JJune 17, 2003 DJul 1, 2003 DJul 15, 2003 Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office D D D [2J [2J All back u material is attached All exhibits are attached & marked e. ., Exhibit "A' Department Head's initials: ~~ Dilorenzo Abandonment (A N 03-002) Please do not write in the shaded area below. Legal Department signature D City Manager's signature D ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing D Incomplete submittal D Missed deadline D Other D Reason: Person contacted to pick up rejected request by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover CHECKLIST Apr 1-July 15, 2003.doc on (Date) MEMORANDUM TO: Maxime Ducoste- Amedee FROM: David N. To1ces, Assistant City Attorney ZJJt7 RE: City of Boynton Beach ("City")/DiLorenzo Abandonment DATE: June 17,2003 This memorandum is in response to your June 11, 2003 memorandum regarding the proposed abandonment of the 20 foot alley lying adjacent to Lots 21 through 26 inclusive of Block 4 of Lake Addition as recorded in Plat Book 11, Page 71 of the Public Records of Palm Beach County, Florida. Please be advised that the reversionary interests which is indicated on the Plat is of no further applicability. If the alley is abandoned, the abandon property will revert to the current property owners of the Lots adjacent to the alley. Our office is in agreement with the letter from Attorney Robert M. Schwartz regarding this matter. If you have any further questions or concerns, please do not hesitate to call. DNT/ja A:\Memo - Maxime Ducoste-Amedee (BB).doc . . DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 03-096 FROM: Janet Prainito City Clerk ,ff'/ --' ("luJ~ Michael W. Rumpf Director of Planning & Zoning \ ~_.lo. ' " "- \ TO: " 2003 '~) , 'J, ~J i .I DATE: April 23, 2003 RE: Dilorenzo - Alley Abandonment ABAN 03-~~n/I tel. ,--,- - , ., . / .'''---- .~-~~ 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 June 10, 2003 Community Redevelopment Agency Board meeting and the June 17, 2003 City Commission meeting and will be forwarded to your office after review by the City y>orney. ~ J ~()?((,'?, d)Jd U)./'v -e MWR:mda /i.,...(.. ~f" ~ 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: Planninq and Zoninq Division PREPARED BY: Michael Rumpf DATE PREPARED: April 18. 2003 BRIEF DESCRIPTION OF NOTICE OR AD: Request abandonment of that portion of a 20-foot wide alley riqht-of-way Iyinq east of and adiacent to Lots 24, 25 and 26. Block 4. Lake Addition to Boynton Beach. accordinq to the plat thereof as recorded in Plat Book II. Paqe 71. of the Public Records of Palm Beach County. Florida. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size. Section Placement, Black Border, etc.) Standard Leqal Ad for the Community Redevelopment Aqency Board meetinq on June 10. 2003. and the June 17. 2003, City Commission meetinq. SEND COPIES OF AD TO: Newspaper. adioininq property owners, applicant and Planninq and Zoninq Director. NEWSPAPER(S) TO PUBLISH: The Post DATE (S) TO BE PUBLISHED: May 27,2003 LAST DATE TO FAX TO NEWSPAPER: May 23.2003 APPROVED BY: s- /~03 (Date) <; -;) _ -<:i5 (Date) RECEIVED BY CITY CLERK: COMPLETED: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Community Redevelopment Agency Board will conduct a PUBLIC HEARING at the CITY HALL, COMMISSION CHAMBERS, on Tuesday, June 10, 2003 at 6:30 p.m. The City Commission of the CITY OF BOYNTON BEACH, FLORIDA, will also hold a public hearing at CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA, on Tuesday, June 17,2003, at 6:30 p,m., or as soon thereafter as the agenda permits, to consider an alley abandonment in favor of a utility easement submitted by Beril Kruger, agent for Nicholas and Carmela Dilorenzo, more particularly described as follows: That portion of a 20-foot wide alley right-of-way lying east of and adjacent to lots 24, 25 and 26, Block 4, lake Addition to Boynton Beach, according to the plat thereof as recorded in Plat Book 11, Page 71, 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 Community Redevelopment Agency 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. . The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742- 6268, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: The Post May 27, 2003 S:\PlanningISHAREDI WPlPROJECTSIDiLorenzo ABANIABAN 02-003ILEGALNOT -aban ,doc