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
Meetine Dates in to City Clerk's Office Meetin2 Dates in to City Clerk's Office
0 August 3, 2004 (Noon.) July 19,2004 0 October 4, 2004 (Noon) September 20, 2004
0 August 17, 2004 (Noon) August 2, 2004 IZI October 19, 2004 (Noon) October 4, 2004
0 September 7, 2004 (Noon) August 16, 2004 0 November 3, 2004 (Noon) October 18, 2004
0 September 21, 2004 (Noon) September 7.2004 0 November 16, 2004 (Noon) November 1,2004
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing IZI Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the October 19,2004 City Connnission Agenda nuder
Legal, Ordinance - Second Reading. The City Connnission approved this request nuder First Reading on October 4, 2004.
At this upcoming meeting staff will report on the status of easement dedication and advise accordingly on the processing or
tabling of Second Reading. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 04-217.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
306 Boynton Beach Boulevard, LC. (NE 2n' Street) (ABAN 04-005)
Roger B. DeCapito / Jim Knight
N/A
South side of Boynton Beach Boulevard between NE I" and NE 3r Streets
Request for abandorunent of a 40-foot wide unimproved right-of-way (Northeast 2n'
Street).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Develop ep City Manager's Signature
1../.~ '1 _ # ,
Planning and Zo;t,~tor City Attorney / Finance / Hwnan Resources
S:\Planning\SHARED\WP\PROJECTS\306 BBB, ABAN 04-OO5\Agenda Item Request 306 Boynton Beach Blvd NE 2nd ABAN 04.005 2nd reading 10-
19-04.doc
S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC
TO:
THRU:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 04-211 (REV.)
Chair and Members
Community Redevelopment Agency
~lf?-
Michael W. Rumpf '
Planning and Zoning Director ~
Eric Lee Johnson, AI~
Planner
September 1, 2004
Abandonment of a portion of Northeast 2nd Street
ABAN 04-005
NATURE OF REOUEST
The applicants, Roger B. DeCaplto and James W. Knight are requesting to abandon a portion of the Northeast 2nd
Street right-of-way. This 40-foot wide unimproved right-of-way Is situated between Lot 7, Block 3 and Lot 3, Block
3 of the Boynton Plat. The abandonment request was submitted on May 19, 2004. The platted roadway segment Is
described as follows:
A portion of that certain road right of way lying in Block 3, of the Plat of BOYNTON as recorded in Plat Book 1,
Page 23, of the Public records of Palm Beach County, Florida, said right of way being a 40 foot strip of land lying
adjacent to and abutting Lots 3 and 7, Block 3 of said Plat of Boynton and being more particularly described as
follows:
BEGINNING at the Southwest Comer of Lot 3, Block 3, Plat of BOYNTON as recorded In Plat Book 1, Page 23,
of the Public Records of Palm Beach County, Florida; thence Westerly along the North line of a 20 foot alley
said line also being the Westerly extension of the South line of said Lot 3, Block 3, to the Southeast corner of
Lot 7, Block 3, of said Plat of BOYNTON; thence Northeriy along the East Line of Lot 7, Block 3, to the South
Right of Way of Boynton Beach Boulevard; thence Easteriy along the South right of way line of said Boynton
Beach Boulevard to the West Line of Said Lot 3, Block 3; thence Southeriy along the West line of Lot 3, Block
3, to the POINT OF BEGINNING.
Containing 5,OS9 square feet more or less and subject to easements, reservations, restrictions and rights-of-
way of record.
The Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit UB"_
"Proposed Abandonment" shows the exact location of the subject site and Its legal description. The following Is a
description of the land uses and zoning districts of all properties that surround the subject right-of-way.
North -
South -
Right-of-way for Boynton Beach Boulevard, then farther north Is developed commercial
(OJ's Restaurant), zoned Neighborhood Commercial (C-2);
Right-of-way for a 20-foot wide alley, then farther south Is unimproved right-of-way for
Northeast 2nd Street;
Page 2
MOlI1OnIndum No. PZ 04-217
ABAN 04-005
East Developed commercial (vacant building), zoned Neighborhood Commercial (C-2); and
West - Developed commercial (The Haven), zoned Neighborhood Commercial (C-2).
BACKGROUND
The subject right-of-way (formally known as Dewey Place) lies within the boundaries of the Boynton Plat. The
plat, originally approved on September 26, 1898, Included 162 Individual lots, a 100-foot wide right-of-way
owned by the Aorlda East Coast (F.E.C.) Railroad, and several 20-foot wide and 40-foot wide alleys and streets,
which were dedicated for perpetual use by the public. The plat also contains a reverter clause, which states
"reserving to ourselves our heirs assigns the reversion or reversions there of, whenever discontinued by law".
The City makes no representation regarding the Impact of the reversionary language on title to the adjacent
properties. The adjacent property owners have been Infonned of the existence of the reversionary Issue. Re-
development or expansion of the adjacent propertles following abandonment will require the property owners
to establish proof of clear titie as a condition of re-development or expansion. The applicant infonned staff that
It Is their Intention to develop additional parking for their now vacant building located at 306 East Boynton
Beach Boulevard follOWing abandonment. As mentioned above, proof of clear title will be required.
ANALYSIS
When a right-of-way, such as this unimproved street, Is abandoned, the abandoned land Is transferred from the
general public to the abutting property owner(s). Typically, two (2) propertles would be affected by an
abandonment request. Normally, one-half of the right-of-way Is conveyed to one (1) abutting property owner and
the other half Is conveyed to the other abutting property owner. Adequate public notice was given to all affected
property owners in accordance with Chapter 22, Artlcle III, Section 4 of the Land Development Regulations. All
public utility companies have been notified and the abandonment request has been advertlsed In the local
newspaper. The applicants requesting this abandonment are the owners of the property to the east (Lot 7, Block 3
Boynton). Public records Indicate that Hudson Valley Holdings own the property to the west (Lot 3, Block 3
Boynton). A summary of the responses from the utility companies and city staff Is noted as follows:
Cl1Y DEPARTMENTS/DIVISIONS
Engineering
Public Works / UtIlities
Planning and Zoning
No objection
Approval with conditions (see Exhibit "c" - Conditions of Approval)
Approval with conditions (see Exhibit "C" - Conditions of Approval)
PUBUC UTILITY COMPANIES
Florida Power and Light
Bellsouth
No objection
Approval with conditions (see Exhibit "c" - Conditions of
Approval)
No objection
No objection
N/A
Aorida Public UtIlities Company
Cable Company (Adelphla)
Cable Company (Comcast)
All public utility providers have been notified and all are recommending approval of the abandonment request.
However, It must be noted that Bellsouth.believes that underground telecommunication Infrastrucb.Jre Is present
within the unimproved roadway. Therefore, Bellsouth Is requiring that a utility easement be dedicated over the
abandoned portion of the right-of-way. Dedication of a utility easement would grant Bellsouth legal access to the
property for maintenance or upgrade purposes, while stili allowing the applicant to develop a portion of the property
as a parking lot. The Oty Public Works / UtIlities Department, which Is also recommending approval, would oversee
Page 3
Memorandum No. PZ 04-217
ABAN 04-005
the easement dedication process. Lastly, the Community Redevelopment Agency has no objectlon to the applicant's
request because the right-Of-way Is not In any of the Agency's plans for right-Of-way linkage or conneCtions.
According to the Agency, the abandonment would help facilitate future land assemblage for redevelopment
purposes. There are also no Isolated parcels adjacent to the subject right-of-way that would rely solely upon this
street for access.
RECOMMENDATION
Staff has detennlned that the subject alley does not serve a public purpose, and therefore Is recommending
approval of the request to abandon this portion of the 40-foot unimproved roadway as described above, subject to
the comments Included in exhibit "C" - Conditions of Approval. Any additional conditions recommended by the
CommunIty Redevelopment Agency Board or by the Commission will be placed In exhibit "C" - Conditions of
Approval.
S;IPlanningISHAREDlWPIPROJECTS\306 BBB, ABAN 04-0051Slaff Report _ rev.doc
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EXHIBIT "e"
Conditions of ADproval
Project name: Abandonment of Northeast 2nd Street (Dewey Place) for 306 East Boynton Beach Boulevard
File number: ABAN 04-005
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. This roadway is currently paved over as a parking area and does not contain X
any underground utilities of the City, but recognizes that Be!lsouth telephone
apparently has buried cable in the general area. Therefore, a utility easement
would be reQuired.
2. No Structures or landscaping shall be placed within the confines of the X
required utility easement without the express written consent of the
EnJrineerimr Division of Public Works.
3. The legal description needs to read as follows: X
"A 40-foot roadway right-of-way lying between Lots 3 and 7, in Block 3,
BOYNTON, according to the plat thereof as reoorded in Plat Book I, Page
23 of the Public Records of Palm Beach County, Florida".
POLICE
Comments: None X
ENGINEERING DMSION
Comments: None X
BUILDING DMSION
Comments: NODe X
PARKS AND RECREATION
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
FORESTERlENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
4. The dedication of the utility easement shall occur prior to the second reading X
of the ordinance.
PUBLIC UTILITY PROVIDERS
Comments: None X
5. Bellsouth has investigated the request and found there to be buried X
telecommunication facilities in the vicinity of the right-of-way abandonment
A more thorough investigation will reveal specifically where the buried
telecommunication facilities are located. Bellsouth may require a utility
easement encompassing the path of the existing facilities, including any
lateral occurrenoes.
ADDITIONAL COMMUNITy REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
6. Requirement for easement is contingent upon existence of Bellsouth utilities, X
and easement dedication may alternatively be substituted with utility
relocation if desirable bv applicant and/or Bellsouth.
ADDmONAL CITY COMMISSION CONDITIONS
Comments:
7. To be determined.
8:"'I.nnlng\St~WPlPROJECT8\3OtI B88.ABAN~
DEVELOPMF""T ORDER OF THE CITY COMMIl~-'ON OF THE
t_. Y OF BOYNTON BEACH, FLORllJA
PROJECT NAME: 306 East Boynton Beach Boulevard (ABAN 04-005)
APPLICANT'S AGENT: Roger B. DeCaplto and James W. Knight
APPLICANT'S ADDRESS: 1421 Cormorant Road Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
September 21, 2004
TYPE OF RELIEF SOUGHT: Request abandonment of a portion of the Northeast 2nd Street (f.k.a. Dewey
Place) right-of-way located between Lot 7 and Lot 3, Block 3 of Boynton
(Dade Co. Fla.) plat.
LOCA nON OF PROPERTY: Located near 306 East Boynton Beach Boulevard, which is on the south side
of Boynton Beach Boulevard, between Northeast 1't Street and Northeast 3rd
Street.
DRAWING(S): SEE EXHIBIT "B" ATIACHED HERETO.
THIS MA TIER 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 Community Redevelopment Agency Board, which Board found as follows:
OR
X THIS MA TIER 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 shalf be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
City Clerk
S:'fllannlng\SHAREOIWPlPROJECTSI306 BBB, ABAN O4-OO5IDO.doc
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet !lliW; 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 CODV of aGenda reGuest (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
D Au ust 3 2004
D Au ust 17 2004
D Se tember 7 2004
Se tember 21 2004
October 4 2004
October 19 2004
November 3 2004
D November 16 2004
Deadline for Submittal to City P & D/CRA Requests Deadline
Clerk's Office
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
Rnance De artment for items that involve ex enditure of funds
All back u material is attached
All exhibits are attached & marked e. . Exhibit UN
C8:J
-t((jJ
Department Head's initials:
306 Boynton Beach Boulevard, L.C. (NE 2nd St)(ABAN 04-005) Second Reading
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
:~~d deadline 8 Reason:
City Manager's signature
D
Person contacted to pickup rejected request:
by
bg - 7/19/02
S:\Planning\Plannlng Template5\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc
on
(Date)
.
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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
Meetine: Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office
0 August 3, 2004 (Noon.) July 19, 2004 ~ October 4, 2004 (Noon) September 20, 2004
0 August 17, 2004 (Noon) August 2, 2004 0 October 19, 2004 (Noon) October 4, 2004
0 September 7, 2004 (Noon) August 16, 2004 0 November 3, 2004 (Noon) Octobe; 18,2004
0 Septembe; 21. 2004 (Noon) Septembe; 7, 2004 0 November 16, 2004 (Noon) November 1,2004
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing ~ Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the October 4,2004 City Commission Agenda under
Legal, Ordinance - First Reading. The City Commission approved this request under Public Hearing on September 21,
2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-217.
EXPLANATION:
PROJECI':
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
306 Boynton Beach Boulevard, L.C. (NE 2nd Street) (ABAN 04-005)
Roger B. DeCapito / Jim Knight
N/A
South side of Boynton Beach Boulevard between NE I U and NE 3r Streets
Request for abandorunent of a 40-foot wide unimproved right-of-way (Northeast 2nd
Street).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
Panning and Zo g Director City Attorney / Finance / Hwnan Resources
S:\Planning\SHARED\ WP\PROJECTS\306 BBB, ABAN 04-QOS\A.genda Item Request 306 Boynton Beach Blvd NE 2nd ABAN 04-005 1 st reading 10-4-
04,doc
S:\BULLET1N\FORMSIAGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 04-217 (REV.)
Chair and Members
Community Redevelopment Agency
~lf?--
Michael W. Rumpf '
Planning and Zoning Director ~
Eric Lee Johnson, AI~
Planner
September 1, 2004
Abandonment of a portion of Northeast 2nd Street
ABAN 04-005
NATURE OF REOUEST
The applicants, Roger B. DeCaplto and James W. Knight are requesting to abandon a portion of the Northeast 2nd
Street right-of-way. This 4Q-foot wide unimproved right-of-way is situated between Lot 7, Block 3 and Lot 3, Block
3 of the Boynton Plat. The abandonment request was submitted on May 19, 2004. The platted roadway segment is
described as follows:
A portion of that certain road right of way lying in Block 3, of the Plat of BOYNTON as recorded In Plat Book 1,
Page 23, of the Public records of Palm Beach County, Florida, said right of way being a 40 foot strip of land lying
adjacent to and abutting Lots 3 and 7, Block 3 of said Plat of Boynton and being more particularly described as
follows:
BEGINNING at the Southwest Comer of Lot 3, Block 3, Plat of BOYNTON as recorded in Plat Book 1, Page 23,
of the Public Records of Palm Beach County, Florida; thence Westerly along the North line of a 20 foot alley
said line also being the Westerly extension of the South line of said Lot 3, Block 3, to the Southeast comer of
Lot 7, Block 3, of said Plat of BOYNTON; thence Northerly along the East Line of Lot 7, Block 3, to the South
Right of Way of Boynton Beach Boulevard; thence Easterly along the South right of way line of said Boynton
Beach Boulevard to the West Line of Said Lot 3, Block 3; thence Southerly along the West line of Lot 3, Block
3, to the POINT OF BEGINNING.
Containing 5,059 square feet more or less and subject to easements, reservations, restrictions and rights-of-
way of record.
The Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"-
"Proposed Abandonment" shows the exact location of the subject site and Its legal description. The following is a
description of the land uses and zoning districts of all properties that surround the subject right-Of-way.
North -
South -
Right-Of-way for Boynton Beach Boulevard, then farther north Is developed commercial
(OJ's Restaurant), zoned Neighborhood Commercial (C-2);
Right-of-way for a 20-foot wide alley, then farther south Is unimproved right-Of-way for
Northeast 2nd Street;
Page 2
Memorandum No. PZ 04-217
ABAN 04-005
East Developed commercial (vacant building), zoned Neighborhood Commercial (C-2); and
West - Developed commercial (The Haven), zoned Neighborhood Commercial (C-2).
BACKGROUND
The subject right-of-way (formally known as Dewey Place) lies within the boundaries of the Boynton Plat. The
plat, originally approved on September 26, 1898, inciuded 162 individual lots, a 100-foot wide right-of-way
owned by the Florida East Coast (F.E.C.) Railroad, and several 20-foot wide and 4Q-foot wide alleys and streets,
which were dedicated for perpetual use by the public. The plat also contains a reverter clause, which states
"reserving to ourselves our heirs assigns the reversion or reversions there of, whenever discontinued by law".
The City makes no representation regarding the Impact of the reversionary language on title to the adjacent
properties. The adjacent property owners have been informed of the existence of the reversionary Issue. Re-
development or expansion of the adjacent properties following abandonment will require the property owners
to establish proof of clear title as a condition of re-development or expansion. The applicant Informed staff that
it is their Intention to develop additional parking for their now vacant building located at 306 East Boynton
Beach Boulevard following abandonment. As mentioned above, proof of clear title will be required.
ANALYSIS
When a right-of-way, such as this unimproved street, is abandoned, the abandoned land Is transferred from the
general public to the abutting property owner(s). Typically, two (2) properties would be affected by an
abandonment request. Normally, one-half of the right-of-way Is conveyed to one (1) abutting property owner and
the other half is conveyed to the other abutting property owner. Adequate public notice was given to all affected
property owners in accordance with Chapter 22, Article III, Section 4 of the Land Development Regulations. All
public utility companies have been notified and the abandonment request has been advertised in the local
newspaper. The applicants requesting this abandonment are the owners of the property to the east (Lot 7, Block 3
Boynton). Public records Indicate that Hudson Valley Holdings own the property to the west (Lot 3, Block 3
Boynton). A summary of the responses from the utility companies and city staff is noted as follows:
cm DEPARTMENTS/DIVISIONS
Engineering
Public Works / Utilities
Planning and Zoning
No objection
Approval with conditions (see Exhibit "c" - Conditions of Approval)
Approval with conditions (see Exhibit "c" - Conditions of Approval)
PUBUC UTILITY COMPANIES
Florida Power and Light
Bellsouth
No objection
Approval with conditions (see Exhibit "C" - Conditions of
Approval)
No objection
No objection
N/A
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
All public utility prOViders have been notified and all are recommending approval of the abandonment request.
However, It must be noted that Bellsouthbelieves that underground telecommunication Infrastructure Is present
within the unimproved roadway. Therefore, Bellsouth Is requiring that a utility easement be dedicated over the
abandoned portion of the right-of-way. Dedication of a utility easement would grant Bellsouth legal access to the
property for maintenance or upgrade purposes, while still allowing the applicant to develop a portion of the property
as a parking lot. The City Public Works / Utilities Department, which Is also recommending approval, would oversee
Page 3
Memorandum No. PZ 04-217
ABAN 04-005
the easement dedication process. Lastly, the Community Redevelopment Agency has no objection to the applicant's
request because the right-of-way Is not in any of the Agency's plans for right-of-way linkage or connections.
According to the Agency, the abandonment would help facilitate Mure land assemblage for redevelopment
purposes. There are also no Isolated parcels adjacent to the subject right-of-way that would rely solely upon this
street for access.
RECOMMENDATION
Staff has determined that the subject alley does not serve a public purpose, and therefore is recommending
approval of the request to abandon this portion of the 4Q-foot unimproved roadway as described above, subject to
the comments Included In Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the
Community Redevelopment Agency Board or by the Commission will be placed In Exhibit "c" - Conditions of
Approval.
S:IPlanningISHAREDlWPIPROJECTS\306 BBB, ABAN 04-0051SIaIl Report - rev.doc
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EXHIBIT "e"
ConilitionsofAoprovm
Project name: Abandonment of Northeast 2nd Street (Dewey Place) for 306 East Boynton Beach Boulevard
File number: ABAN 04-005
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Conunents: None X
PUBLIC WORKS- Traffic
Conunents: None X
UTILITIES
Conunents:
1. TIlls roadway is currently paved over as a parking area and does not contain X
any underground utilities of the City, but recognizes that Bellsouth telephone
apparently has buried cable in the general area. Therefore, a utility easement
would be reQuired.
2. No structures or landscaping shall be placed within the confines of the X
required utility easement without the express written consent of the
Enlrineering Division of Public Warks.
3. The legal description needs to read as follows: X
"A 40-foot roadway right-of-way lying between Lots 3 and 7, in Block 3,
BOYNTON, according to the plat thereof as recorded in Plat Book I, Page
23 of the Public Records of Palm Beach County, Florida".
POLICE
Comments: None X
ENGINEERING DIVISION
Conunents: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Conunents: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
FORESTERlENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
4. The dedication of the utility easement shall occur prior to the second reading X
of the ordinance.
PUBLIC UTILITY PROVIDERS
Comments: None X
5. Bellsouth has investigated the request and found there to be buried X
telecommunication fi1cilities in the vicinity of the right-of-way abandonment
A more thorough investigation will reveal specifically where the buried
telecommunication facilities are located, Bellsouth may require a utility
easement encompassing the path of the existing facilities, including any
lateral occurrences.
ADDITIONALCO~YREDEVELOPMENTAGENCYBOARD
CONDITIONS
Comments:
6. Requirement for easement is contingent upon existence of Bellsouth utilities, X
and easement dedication may alternatively be substituted with utility
relocation if desirable by applicant and/or BeI1south.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
7, To be determined.
8~0JECTSI.30lJB8B,A8AN04-005'C0A.d0e
DEVELOPMI'""T ORDER OF THE CITY COMMit :ON OF THE
l.. . Y OF BOYNTON BEACH, FLORIDA
PROJECT NAME: 30a East Boynton Beach Boulevard (ABAN 04-005)
APPLICANT'S AGENT: Roger B. DeCapito and James W. Knight
APPLICANT'S ADDRESS: 1421 Cormorant Road Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
September 21, 2004
TYPE OF RELIEF SOUGHT: Request abandonment of a portion of the Northeast 2nd Street (f.k.a. Dewey
Place) right-of-way located between Lot 7 and Lot 3, Block 3 of Boynton
(Dade Co. Fla.) plat.
LOCATION OF PROPERTY: Located near 30a East Boynton Beach Boulevard, which is on the south side
of Boynton Beach Boulevard, between Northeast 1st Street and Northeast 3rd
Street.
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 Community Redevelopment Agency 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.
a. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
City Clerk
S:'PlannlngISHAREDlWP\PROJECTS\306 BBB, ABAN O4-OO5\DO.doc
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet m.yg 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 CODV of aGenda reGuest (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 Deadline for Submittal to City P & D/CRA Requests Deadline
Commission Meeting Clerk's Office
Dates
Au ust 3 2004
Au ust 17 2004
Se tember 7 2004
Se tember 21 2004
October 4 2004
o October 19 2004
November 3 2004
November 16 2004
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'
~V
Department Head's initials:
306 Boynton Beach Boulevard, L.C. C NE 2nd Street) CABAN 04-005) First Reading
Please do not write in the shaded area below.
Legal Department signature 0
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing 0
Incomplete submittal 0
Missed deadline 0
Other 0 Reason:
~
City Manager's signature
Person contacted to pick up rejected request
by
bg - 7/19/02
S:\Plannlng\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc
on
(Date)
t
r--
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Corrnnission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office
D August 3. 2004 (Noon.) July 19, 2004 D October 5, 2004 (Noon) September 20, 2004
D August 17. 2004 (Noon) August 2, 2004 D October 19. 2004 (Noon) October 4, 2004
D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18, 2004
IZI September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November I, 2004
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM IZI Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on !he September 21, 2004 City Commission Agenda under
Public Hearing. The Conununity Redevelopment Agency Board wi!h a unanimous vote, reconunended !hat !he subject request
be approved, subject to modification of condition #5 to require an easement only if utility lines are present, and to
alternatively allow relocation if preferred by the applicant and/or Bellsou!h. For further details pertaining to !he request, see
attached Department of Development Memorandum No. PZ 04-217.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
306 Boynton Beach Boulevard, L.C. (NE 2"d Street) (ABAN 04-005)
Roger B. DeCapito / Jim Knight
N/A
Sou!h side of Boynton Beach Boulevard between NE I" and NE 3r Streets
Request for abandomnent of a 40-foot wide unimproved right-of-way (Northeast 2"'
Street).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Develop t ep ent Drre or City Manager's Signature
?::~t ~ector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\306 BBB, ABAN 04.005\Agenda Item Request 306 Boynton Beach Blvd NE 2nd ABAN 04-005 9-21-Q4.doc
S,IBULLETJN\FORMSIAGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-217 (REV.)
Chair and Members
Community Redevelopment Agency
Michael W. RU;r~
Planning and Zoning Director t}v
Eric Lee Johnson, AI~
Planner
September 1, 2004
Abandonment of a portion of Northeast 2nd Street
ABAN 04-005
NATURE OF REOUEST
The applicants, Roger B. DeCapito and James W. Knight are requesting to abandon a portion of the Northeast 2nd
Street right-of-way. This 40-foot wide unimproved right-of-way is situated between Lot 7, Block 3 and Lot 3, Block
3 of the Boynton Plat. The abandonment request was submitted on May 19,2004. The platted roadway segment is
described as follows:
A portion of that certain road right of way lying in Block 3, of the Plat of BOYNTON as recorded in Plat Book 1,
Page 23, of the Public records of Palm Beach County, Florida, said right of way being a 40 foot strip of land lying
adjacent to and abutting Lots 3 and 7, Block 3 of said Plat of Boynton and being more particularly described as
follows:
BEGINNING at the Southwest Corner of Lot 3, Block 3, Plat of BOYNTON as recorded in Plat Book 1, Page 23,
of the Public Records of Palm Beach County, Florida; thence Westerly along the North line of a 20 foot alley
said line also being the Westerly extension of the South line of said Lot 3, Block 3, to the Southeast corner of
Lot 7, Block 3, of said Plat of BOYNTON; thence Northerly along the East Line of Lot 7, Block 3, to the South
Right of Way of Boynton Beach Boulevard; thence Easterly along the South right of way line of said Boynton
Beach Boulevard to the West Line of Said Lot 3, Block 3; thence Southerly along the West line of Lot 3, Block
3, to the POINT OF BEGINNING.
Containing 5,059 square feet more or less and subject to easements, reservations, restrictions and rights-of-
way of record.
The Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"-
"Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a
description of the land uses and zoning districts of all properties that surround the subject right-of-way.
North -
South -
Right-of-way for Boynton Beach Boulevard, then farther north is developed commercial
(OJ's Restaurant), zoned Neighborhood Commercial (C-2);
Right-of-way for a 20-foot wide alley, then farther south is unimproved right-of-way for
Northeast 2nd Street;
Page 2
Memorandum No. PZ 04-217
ABAN 04-005
East Developed commercial (vacant building), zoned Neighborhood Commercial (C-2); and
West - Developed commercial (The Haven), zoned Neighborhood Commercial (C-2).
BACKGROUND
The subject right-of-way (formally known as Dewey Place) lies within the boundaries of the Boynton Plat. The
plat, originally approved on September 26, 1898, included 162 individual lots, a 100-foot wide right-of-way
owned by the Florida East Coast (F.E.C.) Railroad, and several 20-foot wide and 40-foot wide alleys and streets,
which were dedicated for perpetual use by the public. The plat also contains a reverter clause, which states
"reserving to ourselves our heirs assigns the reversion or reversions there of, whenever discontinued by law".
The City makes no representation regarding the impact of the reversionary language on title to the adjacent
properties. The adjacent property owners have been informed of the existence of the reversionary issue. Re-
development or expansion of the adjacent properties following abandonment will require the property owners
to establish proof of clear title as a condition of re-development or expansion. The applicant informed staff that
it is their intention to develop additional parking for their now vacant building located at 306 East Boynton
Beach Boulevard foliowing abandonment. As mentioned above, proof of clear title will be required.
ANALYSIS
When a right-of-way, such as this unimproved street, is abandoned, the abandoned land is transferred from the
general public to the abutting property owner(s). Typically, two (2) properties would be affected by an
abandonment request. Normally, one-half of the right-of-way is conveyed to one (1) abutting property owner and
the other half is conveyed to the other abutting property owner. Adequate public notice was given to all affected
property owners in accordance with Chapter 22, Article III, Section 4 of the Land Development Regulations. AIi
publiC utility companies have been notified and the abandonment request has been advertised in the local
newspaper. The applicants requesting this abandonment are the owners of the property to the east (Lot 7, Block 3
Boynton). Public records indicate that Hudson Valley Holdings own the property to the west (Lot 3, Block 3
Boynton). 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
Approval with conditions (see Exhibit "c" - Conditions of Approval)
Approval with conditions (see Exhibit "C" - Conditions of Approval)
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bellsouth
No objection
Approval with conditions (see Exhibit "C" - Conditions of
Approval)
No objection
No objection
N/A
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
All public utility prOViders have been notified and all are recommending approval of the abandonment request.
However, it must be noted that Bellsouth believes that underground telecommunication infrastructure is present
within the unimproved roadway. Therefore, Belisouth is requiring that a utility easement be dedicated over the
abandoned portion of the right-of-way. Dedication of a utility easement would grant Belisouth legal access to the
property for maintenance or upgrade purposes, while still allowing the applicant to develop a portion of the property
as a parking lot. The City Public Works / Utilities Department, which is also recommending approval, would oversee
Page 3
Memorandum No. PZ 04-217
ABAN 04-005
the easement dedication process. Lastly, the Community Redevelopment Agency has no objection to the applicant's
request because the right-of-way is not in any of the Agency's plans for right-of-way linkage or connections.
According to the Agency, the abandonment would help facilitate future land assemblage for redevelopment
purposes. There are also no isolated parcels adjacent to the subject right-of-way that would rely solely upon this
street for access.
RECOMMENDATION
Staff has determined that the subject alley does not serve a public purpose, and therefore is recommending
approval of the request to abandon this portion of the 40-foot unimproved roadway as described above, subject to
the comments included in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the
Community Redevelopment Agency Board or by the Commission will be placed in Exhibit "C" - Conditions of
Approval.
S;IPlanningISHAREDlWPIPROJECTSI306 BBB, ABAN 04-0051Staff Report - rev.doc
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EXHIBIT "e"
Conditions of Approval
Project name: Abandonment of Northeast 2nd Street (Dewey Place) for 306 East Boynton Beach Boulevard
File number: ABAN 04-005
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
I. This roadway is currently paved over as a parking area and does not contain X
any underground utilities of the City, but recognizes that Bellsouth telephone
apparently has buried cable in the general area. Therefore, a utility easement
would be required.
2. No structures or landscaping shall be placed within the confines of the X
required utility easement without the express written consent of the
Emrineering Division of Public Works.
3. The legal description needs to read as follows: X
"A 40-foot roadway right-of-way lying between Lots 3 and 7, in Block 3,
BOYNTON, according to the plat thereof as recorded in Plat Book I, Page
23 of the Public Records of Palm Beach County, Florida".
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
FORESTERlENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
4. The dedication of the utility easement shall occur prior to the second reading X
of the ordinance.
PUBLIC UTILITY PROVIDERS
Comments: None X
5. Bellsouth has investigated the request and found there to be buried X
telecommunication facilities in the vicinity of the right-of-way abandonment.
A more thorough investigation will reveal specifically where the buried
telecommunication facilities are located. Bellsouth may require a utility
easement encompassing the path of the existing facilities, including any
lateral occurrences.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
6. Requirement for easement is contingent upon existence of Bellsouth utilities, X
and easement dedication may alternatively be substituted with utility
relocation if desirable by aoolicant and/or Bellsouth.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
7. To be determined.
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DEVELOPMl., r ORDER OF THE CITY COMMI~, ,':>N OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: 306 East Boynton Beach Boulevard (ABAN 04-005)
APPLICANT'S AGENT: Roger B. DeCapito and James W. Knight
APPLICANT'S ADDRESS: 1421 Cormorant Road Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
September 21, 2004
TYPE OF RELIEF SOUGHT: Request abandonment of a portion of the Northeast 2nd Street (f.k.a. Dewey
Place) right-of-way located between Lot 7 and Lot 3. Block 3 of Boynton
(Dade Co. Fla.) plat.
LOCATION OF PROPERTY: Located near 306 East Boynton Beach Boulevard, which is on the south side
of Boynton Beach Boulevard, between Northeast 1st Street and Northeast 3rd
Street.
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 Community Redevelopment Agency 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:
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City Clerk
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet ID..I!i!; 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 reGuest (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 Deadline for Submittal to City P &. D/CRA Requests Deadline
Commission Meeting Clerk's Office
Dates
Au ust 3 2004
Au ust 17 2004
Se tember 7 2004
Se tember 21 2004
October 5 2004
October 19 2004
o November 3 2004
November 16 2004
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head 0
Wilfred Hawkins for de artments under Administrative Services
Finance De artment for items that involve ex enditure of funds 0
All back u material is attached 1ZI
All exhibits are attached & marked e. . Exhibit "A' 1ZI
Department Head's initials: /
306 Boynton Beach Boul a ,L.C. (NE 2nd Street) CABAN 04-00S}
Please do not write in the shaded area below.
Legal Department signature 0
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing 0
Incomplete submittal 0
Missed deadline EJ
Other 0
Il.eason:
nager's signature
o
Person contacted tqprck up rejectep request
by
bg - 7/19/02
S:\Planning\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc
on
(Date)
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 September 14, 2004
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 EAST BOYNTON BEACH
BOULEVARD, BOYNTON BEACH, FLORIDA, on Tuesday September 21,2004, at 7:00 p.m., or as
soon thereafter as the agenda permits, to consider a request for abandonment of a roadway portion
submitted by Mr. Roger B. DeCapito and Mr. James W. Knight. This 126-foot long unimproved right-of-
way is located on the south side of Boynton Beach Boulevard, west of Northeast 3rd Street and more
particularly described as follows:
Legal Description:
A portion of that certain road right of way lying in Block 3, of the Plat of BOYNTON as recorded in Plat
Book 1, Page 23, of the Public records of Palm Beach County, Florida, said right of way being a 40
foot strip of land lying adjacent to and abutting Lots 3 and 7, Block 3 of said Plat of Boynton and being
more particularly described as follows:
BEGINNING at the Southwest Corner of Lot 3, Block 3, Plat of BOYNTON as recorded in Plat Book 1,
Page 23, of the Public Records of Palm Beach County, Florida; thence Westerly along the North line
of a 20 foot alley said line also being the Westerly extension of the South line of said Lot 3, Block 3, to
the Southeast corner of Lot 7, Block 3, of said Plat of BOYNTON; thence Northerly along the East Line
of Lot 7, Block 3, to the South Right of Way of Boynton Beach Boulevard; thence Easterly along the
South right of way line of said Boynton Beach Boulevard to the West Line of Said Lot 3, Block 3;
thence Southerly along the West line of Lot 3, Block 3, to the POINT OF BEGINNING.
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
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