REVIEW COMMENTS
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 ~
Eric Lee Johnson, AICp1\O~
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.e.) 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 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:
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, 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 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
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments:
I. This roadway is currently paved over as a parking area and does not contain
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
required utility easement without the express written consent of the
Engineering Division of Public Works.
3. The legal description needs to read as follows:
"A 40-foo1 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
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
4. The dedication of the utility easement shall occur prior to the second reading
of the ordinance.
PUBLIC UTILITY PROVIDERS
Comments: None
5. Bellsouth has investigated the request and found there to be buried
1elecommunication 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. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
7. To be determined.
S:\Planning\$HAREDIWPlPROJECTS\306 BBB, ABAN 04-005\COA.doc
DEVELOPM' T ORDER OF THE CITY COMMI~ ,)N OF THE
Crry 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 3'd
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
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:\Planning\SHAREDlWP\PROJECTS\306 BBB. ABAN 04-005\DO.doc
City Clerk
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-217 r H~
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TO:
Chair and Members
Community Redevelopment Agency
Michael W. RUmPft--\Glt-
Planning and Zoning Director
Eric Lee Johnson, AICP 4J;'
Planner G
September 1, 2004
THRU:
FROM:
DATE:
SUBJECT: 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 -
Right-of-way for Boynton Beach Boulevard, then farther north is developed commercial
(DJ's Restaurant), zoned Neighborhood Commercial (C-2);
South -
Right-of-way for a 20-foot wide alley, then farther south is unimproved right-of-way for
Northeast 2nd Street;
F.'age 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.e.) 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". As such, this
clause is in favor of the original interest party if any right-of-way is abandoned. Pursuantto Florida Statutes Sections
117.085, reversions contained in plats recorded prior to July 1, 1972 would be extinguished if specific action were
not taken to establish such rights on or before July 1, 1973. Under direction of the city's legal department, the
applicant shall provide a statement confirming that such action was not taken, and providing assurance that, in the
event that a future title issue arises from the abandonment, as it relates to the reversionary interest, the property
owner shall provide any required defense of it at its sole cost and expense. The applicant informed staff that it is
their intention to abandon the unimproved right-of-way in order to develop additional parking for their now vacant
building located at 306 East Boynton Beach Boulevard.
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:
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 (Com cast)
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, Bellsouth is requiring that a utility easement be dedicated over the
Page 3
Memorandum No. PZ 04-217
ABAN 04-005
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
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:IPlannlngISHAREDlWPIPROJECTSI306 BBB, ABAN 04-0051Staff Report.doc
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 04-157
TO:
Michael Rumpf, Director
Planning and Zoning Division ,
H. David Kelley, Jr., PE/PSM r
City Engineer
FROM:
DATE:
August 31, 2004
SUBJECT:
City Abandonment Petition No. 04-005
Roger DeCapito - 306 Boynton Beach Boulevard
40-foot NE 2nd Street, south side ofB.B.B.
This memorandum is in response to Eric Johnson's inquiry on the above noted subject last week. The
legal description delineated within the proposed application is recapped per the attached drawing.
However I refer you to our Memorandum #04-084 (copy attached); we noted that a portion of the right-
of-way may become a utility easement in order to support overhead utility lines (FP&L and BellSouth).
If this is determined to be so, then it would have to be so noted as an attachment to the legal description.
If you have any questions regarding this matter, please advise me at x6488.
HDK/ck
xc: Jeff Livergood, PE, Dir. ofP.W.
Laurinda Logan, PE, Sr. Engr.
File
S:\Engineering\Kribs\Abandonment - Roger DeCapito, 306 Boynton Beach Blvd..doc
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 04-084
TO:
FROM:
Maxime Ducoste-Amedee, Planner
Planning and Zoning Division
H. David Kelley, Jr., PE/PSM~
City Engineer
DATE:
RE:
May 25, 2004
City Abandonment Petition No. 04-005 -1stReview
Roger DeCaplto - 306 Boynton Beach Boulevard
40-foot NE 2nd Street, South Side of B.B.B.
This memorandum is in response to your memorandum request dated May 21, 2004 on the
above noted subject. The legal description delineated within the proposed application is
recapped as follows:
"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 1, Page 23 of
the Public Records of Palm Beach County, Florida."
This roadway is currently paved over as a parking area and does not contain any underground
utilities of the City, but recognizes that BellSouth telephone apparently has buried cable in the
general area. Therefore, based on a possible portion of the right-of-way being a replacement of
the existing roadway right-of-way into a utility easement, this Division aooroves the application
to abandon the public right-of-way as noted above. No structures shall be constructed or
landscaping placed within any utility easement without the express written consent of all legal
entities occupying said easement.
If you have any questions regarding this matter, please contact me at ext. 6488 or Laurinda
Logan, Senior Civil Engineer at ext. 6482.
HDK:jam
xc: Jeff Livergood, PE, Director of Public Works
Laurinda Logan, PE, Sr. Engineer
Mike Rumpf, Dir. of Planning & Zoning Division
Peter Mazzella, Deputy Utility Director
File
S:\EnglneerlnglOfflce Associates File\KeileylO4-084 City Abandonment Petition 04-005 1st Rev DeCapito.doc
FACSIMILE
CITY OF BOYNTON
BEACH
City Hall. West Wing
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach. Florida 33425
(561) 742~260
(561) 742~259 Fax
. From the office of
Planning & Zoning
TO: Strve BCKK / Kol~ed Luwf)J FAX:
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If you receive this fax In error, or experience trouble with transmlsslon,please notify our office
Immediately. at (661) 742-6260. Thank you. ".
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 04-084
FROM:
Maxime Ducoste-Amedee, Planner
Planning and Zoning Division
H. David Kelley, Jr., PE/PSM'yf/
City Engineer
TO:
DATE:
May 25, 2004
RE:
City Abandonment Petition No. 04-005 - 1st Review
Roger DeCapito - 306 Boynton Beach Boulevard
40-foot NE 2nd Street, South Side of B.B.B.
This memorandum is in response to your memorandum request dated May 21, 2004 on the
above noted subject. The legal description delineated within the proposed application is
recapped as follows:
"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 1, Page 23 of
the Public Records of Palm Beach County, Florida."
This roadway is currently paved over as a parking area and does not contain any underground
utilities of the City, but recognizes that BellSouth telephone apparently has buried cable in the
general area. Therefore, based on a possible portion of the right-of-way being a replacement of
the existing roadway right-of-way into a utility easement, this Division aDProves the application
to abandon the public right-of-way as noted above. No structures shall be constructed or
landscaping placed within any utility easement without the express written consent of all legal
entities occupying said easement.
If you have any questions regarding this matter, please contact me at ext. 6488 or Laurinda
Logan, Senior Civil Engineer at ext. 6482.
HDK:jam
xc: Jeff Livergood, PE, Director of Public Works
Laurinda Logan, PE, Sr. Engineer
Mike Rumpf, Dir. of Planning & Zoning Division
Peter Mazzella, Deputy Utility Director
File
S:\Engineering\Office Associates File\Kelley\04-084 City Abandonment Petition 04-005 1st Rev OeCapito.doc