REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-131
TO:
FROM:
Chairman and Members
Community Redevelopment Agency Board
Michael W. Rumpf r" W ~
Planning and Zoning Director
Maxime Ducoste-Amedee 4!~
Planner fJ'
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 "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 laka 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 ~ivision 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 (Com cast)
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 "0" - Conditions of Approval.
xc: Central File
S:IPlanningISHAREDlWPIPROJECTSIDiLorenzo ABAN 03-002\staff report.doc
Location Map
Dilorenzo ABAN 03-006
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ABANDONMENT
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LEGEND:
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MAP OF BOUNDARY SURVEY
S.5.M.H. = SANITARY SEWER MANHOLE
AREA = 2,825 SQUARE FEET OR
0.064 ACRES, MORE OR LESS
FLOOD ZONE: B
I HEREBY CERTTY TIiA T TillS SURVEY WAS /JAOE UNDER /JY Nt SPONS8LE CHARGE
AIID /lEfTS TIE lIINIItIW TECI/N/CAL STANDARDS AS SfT TVIIIII BY TIlE FLORIOA
BOARD OF PROfESSIONAL SURVEYORS AM! MAPPERS 1/ C/lAP II.R 6/G 17-6. FL ORIDA
AOMJNISrRATlVE COOf, PURSUANr TO SECTION 472.027, FLON('~. STATUTES.
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NOT VALlO WITHOUT TIC SIGNATURE: AND
THE ~L RAISED SEAL OF A Fl ORfJA
L/CENSfiJ SLRVEYOR AND IJAPPER.
PAUL O. [NG
SURvnOR &: MAPprR #5708
DESCRIPTION:
THA T PORTION OF A 2() FOOT ALLEY RIGHT OF WA Y
LYING EAST OF AND ADJACENT TO LOTS 24. 25, AND
26, BLOCK 4, LAKE ADDITION TO BOYNTON BEACH,
ACCORDING TO THE PLA T THEREOF AS RECORDED IN
PLA T BOOK ". PAGE 71 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY. FLORIDA.
O'BRIEN, SUITER & O'BRIEN, INC.
LAND SURVEYORS
CERTIFICA TE OF AUTHORIZA TlON ILB353
SURVEYOR ANO MAPPER IN RESPONSIBLE CHARGE: PAUL 0, ENGLE
2601 NORTH FEDERAL HIGHWA Y, OELRA Y BEACH, FLORIDA 33483
(561) 276-4501 732-3279 FAX 276-2390
@ COPYRIGHT 2002 O'BRIEN. SlATrR do O'BRIEN, I/C.
OATf or SlRvcr
MA Y 24, 2002
mo BOOI< PAce NO,
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EXHIBIT "e"
-Adelphia
Engineering Department
1401 Northpoint Parkway
West Palm Beach, Fl33047
February 21, 2003
Beril Kroger
Plannfn~ & Zonlna Counsultants
9 NE. 16 Street
Delray Beach, Fl 33444
RE: Letter of Abandonment..
i.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 tbe Public Records of Palm Beach County, Florida.
Dear Mr. Kruger:
In reviewing your request on the above ref. project, Ade1phia ( 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 samucl.lZonzalez@adelphia.com
Samuel Gonzalez
Field Coordinator
Adelphia Engineering Group
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Company
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EXHIBIT "e"
P.O. Box 3395
West Palm Beach
FL 33402-3395
(561)832-2461
July 8, 2002
...
Mr. Berit 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,
~=~
cc: D.E. Pellico
C.C. Canino
. ,-
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r. EXHIBIT "e"
C!::/BELLSOUTH
Bel/Soulh Telecommunicalions, Inc.
ENGINEERING DEPT. - RM. 107
2021 SO. MILITARY TRAIL
WEST PALM BEACH, 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 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,
/Y\i<U f. cj(~
W Michael F. Koenig
J-S U Specialist - OSPE
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August 5, 2002
-..
BerilKruge' Planning & Zoning COWlSultants
9 NE. 16th :;treet
Delray Bea( \ Fl. 33444
RE: Legal P..: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, of the Public
Records of Palm Beach County, F:orida.
Dear Mr. Kluger:
Florida Po", er & Light has no objections in the abandoning of easements to the above
legal descri( 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
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
1. The proposed replacement easement shall be no less in width than the
existing alley. The twenty (20) foot wide alley shall be replaced with a
twenty (20) foot utility easement.
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/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
2. No structures shall be constructed or landscaping placed within the utility
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
facilities are granted the proper easement.
4. Florida Power & Light has no objections to the abandonment as long as
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
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
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. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Schnars Business CtAABAN 02.a03\COA.doc
. .
DEVELOPIV',,",H1T ORDER OF THE CITY COMMI~~ ..ON OF THE
CITY OF BOYNTON BEACH, FLORluA
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
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:IPlanningISHAREDlWPIPROJ ECTSIDi LorenzoABANIDO .doc
City Clerk
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 03-103
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TO:
Maxime Ducoste- Amedee, Planner
Planning & Zoning Division
H. David Kelley, Jr., PEIPSM & -
City Engineer
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FROM:
DATE: May 27,2003
SUBJECT: DiLorenzo Abandonment Petition
20-Foot Alley between
NE 8th & 9th Avenues _1st Review
This memorandum is in response to your initial memorandum dated May 5,2003 on the above noted
subject, augmented by your e-mail dated this date. The legal description within the application is
recapped as follows:
"That portion of a 20-foot 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."
This alley lies directly south of the Schnars Business Center application (ABAN 02-003?), [1 believe that
the correct # is 03-002J that was acted upon by the City Commission at their regular March 18, 2003
meeting. Therefore, this Division approves the application to abandon the public right-of-way with the
proviso that the 20-foot alley be converted into a utility easement. The alley contains a wastewater
collection line, along with other overhead utilities. This was the same condition that was placed on the
Schnars application, and is applicable to this petition.
If you have any questions regarding this matter, please advise me at x6488.
HDK/ck
xc: Jeff Livergood, PE, Dir. ofP.W.
Laurinda Logan, PE, Sr. Engr.
Mike Rumpf, Dir. ofP & Z Div.
Peter Mazzella, Deputy Utility Director
File
S:\Engineering\Kribs\DiLorenzo Abandonment Petition (NE 8th & 9th Ave) 1 st Review.doc