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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 - "J I I ... I - 110, = 150.0 feet ~I ~ ~L ~ I I~ - ------ -- -------tl ~ ~~~ II I I L J ..BLVD - ...... ' tBL\lD , .. ,. RUlD I ~ t: ~ PU - I I I :..,jST.&E. I J R:S ~~2 ~. r 1-1 ~ -....., A VI= 1= I ,OJ AVI= "" A VI= fal L I - ~ LOCATION MAP 306 E BOYNTON BEACH BLVD EXHIBIT "A" , :" fr'" . . _' ~~~~~~14 "." .i l ~ f~r~!~ " ~ - !)I. "II ~~I1~i~ ~~;:~~~ ~ ~ ~ C> "iI ~ -< f [~ ~t ~ t~ .~ "'. F ~~ ~t N~ ~ 2;;:: ~f . . Q' .\l__ ~;- '1 ~... p ~N -ft ~ ~ ,! " ' ~ ~ r.~ ~ fl " tiR ;is t r :;" .. ~41 fl[ ,,~ ~h,. I r. "S' 'l,.1F I.l... ~ 'IJ ,!l' 'I! Hf ~: i !ll ?r- 'h ;'i~ ll' :!l . fl' 1J15'- f .. 0 in ~~ irf ~~ lIT "'~ I!! ~ . CJ ., C"I It N" ?J i~j~8 '" 8 "'1l . N SJ8~<"'~ ,@ z f1I '" C"I " N Q -t>. 7Il ~N\)> <::> ~0$?~ =il \)> a"" (b 'f~iil QJ QJ] -r->S>aQJ' , -t>.~~ QJ Q ~ -t>.~ ::! ~ Q) 11 ll<+r0a - '?n S>, a,v,....." .. , C> " _. _. ~ rl ~~ C) I zO' />Joy -1- -<j- - <4O.or I I '. " ~ l~ ~ I ~ t5 ~ I ~ J \.l' \J is . It-1C1l 1G5' i, .f~' ::E .. ~ ""1C1l ~ I .. ~ -< :,v-< -:, .. ~ '! I \l I - -;< . ~ _..\Jl 10 11:~C1l .~~~ I l.i~ -p I , I -\3 zon. ZOI)' li' I -~ I ~ ZO/Xl r I I ,,!~ "50' <1O.lX '--=l~l -- t"t ' ~ l! I Boynton Beach Boulevard -_.__.-.~.-.-.- l-h_f'lootl I t- ~! woo' II I I I. IZ -" rn il~ :<1 ~ ~I ~ Cb , H- I I I ~I 1 I I l.~ L_j <:l 0iFrW.i- . - Qf&""" \ 1G.5O' G ~ 'l.. l oS",. """'" " 1G5' ~I~II ""I:J" r r~~r;t ~~ J" ~~f~r~~f ~!t~ 1- · f '~fir:tt~ l'~it UI ."'f.l~ ~H...~ "'~~~~ ' .~ f~rr.t~-i-t-~~~ Jlll!lJ-~f "'l>~1 h.2 ~t ~. ~~ ~f t~l~rr'trsf ~~~l~ if :rr~f.~~!~~~ llf[Sll ~! ~~i~~ftr.t J?frli f Sfi!K~f~~:l?~ :f~t:< ..~ ~i R"r-"l~~jrf t. ; ~i! ! i- tlr!iL!' ~.!>' ttlr~ ~~. ~illl~;ft~"f ft.i~f f~ ;,-t().!>'lJ:1.", I.(;:".!>' . ,~rg~f .J:1 ~ri' ~~t ~ fr . L~~ <:l ol" l .. l \J C> r' ~ -< !:t. =:I _.() S:LtE ::s 3 _. Cl C> :l ....... , "'QJQ " QCb \JJ S::I ('\ ~ () .., ;s;.-<b c <+ -<::! (';'\)>..,,"'-- C" \IS;,) - -, ~\l~-< -< s:> Cb \S' "'--....7\)r: '" Q , \J'I .......t:) < <"' S>(b :!. QJ "'---< <0 7\) Cb C)_. "'--~ :rZ<+ (b , , -l c> ~C)....... ;I. Z~ S> -< .. () "" .'l \Jl " ~ ~ :.. '" .. 0 " g .." ,,' ~ ~'I' ~~ 1: ~ Il ~7- it .5'''. L___ ~~ ~""J_ " ~ 11 ~ rua;j j . ,r . Nf""'~ If ;p _.~, ~ . ~'- J." f f::r c.,;,t ,- · r 2' Cod . 6rtter ~ 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) . t... 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 . -~ ~:1 I . 1 in. = 150.0 feet ~ : A' ~ I (8.' ~ --------- ------- ~ ,,~ " I! ~, I \. I 1 ., .. Dt \In ~I:: ~~"...u Dr \In -, DI \In PU ~l I - [1!:lTAVO: R ~ ~2 ~, r ~ , h.....,,,.. A'1e ..., AVi:' C~-.-!. ^\lC L - ~I 11 - 1"1 LOCATION MAP 306 E BOYNTON BEACH BLVD EXHIBIT'A' ,; , .,'af 'i!' ~ D ~~ AI ~ 1 ., ("\ =;-N\).l " ... "1l " - " ~0~'fi :,'J " ~ l ~ ~ ~ N r !~l~l~ U' Cl \).l" Cb ~ <l" 5. ~ Cl \).l~~ \ll \ll~ .:t Q D ,.. ~S> " \ll' ~ '" ~ s i ~ Cl "'Il . N o ~ ""1J ~ \J> Cl ~ <-: ~ ~S-~ \ll Q s:.... ~~f,,~~ 50 Cl ~~ ::I ~ Cb 11 \J> !l.. ll"'r0" :fi ("\ Z _AI S>..... ~ rii Cl> " " 0 '" .. N .., <:;) ;:+: ... -< ~~ () ~ () "l .~ F "'''' lh - . ", ~;. ""... {N a ~ " ~ J.~ ~ji '" JIM ;:$ ! r ?.l fII n I rt [.5' 1;" 1:' oi] IS'- .. Hr ~: ~ pi ?i * I rl ;t ~ '" ~lf ~-: ~ rH ~f lli J-~ illf' ~~ Ii f'l II! ~ . I ZO' AIoy -1- - "i-- 40.01' I I I I r ~ I U'ID .~ · Ii- C1l k;~ri i!'I~ '" ~ "'V-< ~ I r ~ ;I ~ . "'l (;:. ""i ~ " I ... ~:i\J I ~ ':< I'~ -".~ " 11:~"C1l -~~~ I 1.2'6 I - ~ ZOIY ZOIY I ~. I -!:o I I Boynton Beach Boulevard -.-._,_.L-._.._. l-C._CfIol) f[ L_:J I t- l! 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Nf "",o;,.l~ ~ -~\ Ii;;j; - 1." f ~c...;.'I- . t Z' GIrio . 6uI1or ~ 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 IE:~<>T'A"~ 'A\lC ~I In LOCATION MAP I\IC' R3 C i A\/i: 306 E BOYNTON BEACH BLVD I~ to<I EXHIBIT "A" ~~2 ~ 1= 11\1 AVI= 1- ,~i, " I r f- '-- Ql ~ Q ~.J:>. 7\) 0 a Ql " &; .-+ " =;- N IJ' " 0 (b <:> " 0 , 'Ii '" ~ "" ()'-"" \l 3 \' -< ('\ '" " '" ll"" Cl 3 N Cl , '4' ~ ~ '" 0- i 0' ]S c ~ IJ' ,,\J', '" " :J , Cl ~~~\Jl \Jlll <:> " ~::r IJl ~ '" ~ rl' ~ Q '" ,.. '< ~ "f' 0 Cl """\Jl ' <:> . ~ "1J N .J:>.~~ \Jl D ~ " '11& if '" Cl " '" I,,~ ~ " " ~ Cl :J ::j !l \L . .J:>. - :l _ '" <:> '" 11'-+ ('\ 11 .. '" ]S Z III " '" rii ()> " -7\)\ "" '" " " 0" '. .. N ., C) -- N -< s:L Sl Ci " " "l """,,- ~~ .~ ~7 ,e.. ,,~ ~~ 0' ~ ;. "'... ~N , (5 ~ .b f "- . ~ :;! -< ~ [~ ":10 :I-~ <Jl~ P ~~ ;~ C ri ~.. ~ . ~~ ;:::1- ~~ , ~ ~ ~,~ U~ 1) :l~ ~." ... ! ~ ~ ill n i!r ~=f f ; f~ rt 1 ~ (b C ~ HI ~~ t i Jl l ~ "' >1 t , . ~ ~H ~1f U' ?-~ Ld ::II< Ir~ ~~ ~h ~7'l II} ~ I Boynton Beach Boulevard ~r L_:J I q t-- i'l 20.00' II I I I IZ ~I ~ (I ~ ;,l \S' c1 ~ '" 1'-+ I I II 1 I I 1-- "'.Zf'lel.l- - q(e'5fkt <;50' G """'"" "5 1G.5' Covert N N ~ .- :. \' .. " <:> " .-+ I Y' -,. S!I I ~ <:> ~" ",-'" ~ '" '}Y'~ IS -" " I c '" ,,' -~ 20.00' ~'\,. ~~ tG;.5O' .- ~?~i' -- t; ;~ B ~ I 'lP Alty -1- -q- 40.01' 1 I I I 0'1 D &- ct -t~. :E ~ .-+ I ct -< "1J -< 2 ti ~SJ I\J ~.-+ - c< I ~ ct 1 20.a I 20.0' 1 I i <30>0 l S"" I' l 4O.or I::XHII:JII H~rUt ~~!~'i-~ ~?II: rF~.d"~t~~ .~~!~ ~H..g~ ~'~r~t c~~~g~ ~~"'~ h~'" r~it ~"i1l'!i"r~t,.,2' n<Jl~~.,,~h~ i ~ ~ <Jlirl/!it"'..~ 3 ~"'8h~",:rH;; "'~li'h"'8"'li"~ Sfi}~'::"'~"~?~ II:t~f~i",~U[ ~~!i"\l-?i~"'~'" ~~a~;~t~?~ ~ tt:l-<:>.~i t;l~ ~ttdr -. r~ ;,1 !~ L $'~ ;t+ f! ~~ ""~ n ~~ !~ ~~. ,,~ ~~ ... SI![ L~; <j ,",' O. l ~ l \' <:> .-+ .'-1 \)J is' " N '" .. '" " S " " c '" (i' ~ ~~ "l,. .'t .s. ~ii1 ",. . 5' W~J. .__ 2: un . Cirttcr ~ ._,_ L- _,'_ L..ake~O"l<<t) .-u,77 ~ [ "," it f" ;;:,. ~'""\'IS~ l"~?i ",~~'l.~ ~ ~~ "~f i~.g~~ Pi h~t-~i1'i [i[~~i~ ~ ?.r"~i ""'f8 ~~ tf ~~?i~ 3 ~_tclJl.;: lli~' ni'i~ !'" "'t;l'" . . ~ 8~ I ~ ~ 'i' 1- \l " "".[J ::s _.(,) ~~ ::s 3 _." " :3 ...... , "'\JlD " a'" QJ ~ \'I :::e: c> -, 7\Q) r:: .-+ -<:3 - ""- ~ ,V.l \l "" - -, ~\J~"'< -<~"'\.l' ""- .,..,C Cb'V'\J., \J' ~a < " "" (b :1. \Jl 1:>...-< '" 7\) '" ()_. I:>...~ ::r-Z'-+ ~ -J" "'()...... " ~. Z=E "" -< '" i- ~ ":>.~t. ~~...~._ g ~ North 1; <Jl L .~ ~l'\..AGEj8 rr N E led.,., I <Jl ~ - ~t ~R:~..f ~ , 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. S:\PlanrWlglSHAREO\WP\PROJECTSI306 BBB, A8AN 04-005\COAdoc 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: S:\PlannlngISHAREDlWPlPROJECTSI306 BBB, ABAN Q4.Q05\DO.doc 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 q-:L~{2}/" e, .!,. (" S:\Planning\SHARED\WP\PROJECTS\306 BBB, ABAN 04-oDS\LEGAlNOT.doc