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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 Meetinl! Dates in to City Clerk's Office MeetiolZ 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 1:8:1 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 1:8:1 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 Conunission Agenda under Legal, Ordinance - Second Reading. The City Conunission approved the subject request under First Reading on September 7, 2004 and Second Reading was tabled until October 19, 2004. It should be noted that the conditions of approval require the dedication of an easement prior to Second Reading of the ordinance, thereby justifying the postponement. 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 10 the request, see attached Departmenl of Development Memorandum No. PZ 04- 189. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Janis Group (NE 3'. Avenue) (ABAN 04-004) Ron Janis I Karen Janis.Brown N/A 409 NE 3'd Streel Request for abandoument of a portion of the Northeast 3'. Street right-of-way lying in the Plat of Arden Park. PROGRAM IMPACT: N/A meAL ""ACT, ~ HIA ALTERNATIVES: N/A Development partIn t D~ M)L~ Planning and zo~ ector City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\409 3rd StreeMBAN Q4-004\Agenda Item Request Janis Group NE 3rd 2nd READING ABAN 04-004 lO-19-04.doc City Manager's Signature S:IBULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSlON MEMORANDUM NO. PZ 04-189 ClaIr and Members Community Redevelopment Agency MIchael W. Rumpf PlannIng and ZonIng DIrector Eric Lee JOhnson, AICP 9Y Planner V August 4, 2004 Abandonment of a port/on of Northeast 3rd Avenue ABAN 04-004 NAnJRE OF REOUEST 'The appl/cants, Ron Janis and Karen JanIs-Brown are requesting to abandon a port/on of the Northeast 3rd Avenue right-of-way. ThIs 4O-foot WIde unimproved right-of-way Is sItuated between lots 11 and 30 of the Arden Park plat The abandonment request was submItted on May 12, 2004. The platted roadway segment Is desaibed as follows: A POrtion of N.E. 3rd Avenue lying In the Plat of Arden Park as recorded In Plat Book 2, page 96 of the Public Records of Palm Beach County, Rorida. Said land being described as folloWs: Bounded on the North by the South line of lot 30 Arden Park; Bounded on the South by the North line of lot 11 Arden Park; Bounded on the West by the Northeriy extension of the lot 11, Also being the West line of the plat Arden Park; and Bounded on the East by the Southeriy extension of the East line of lot 30, also being the West Iight-of-way line of Northeast 3rd Street, as recorded In the plat of Arden Park. Containing 5,528.714 square feet.more or less and subject to easements and Iight-of-way of record. The ExhIbit "A" - LocaUon Map shows the general v1dnlty of the Iight-of-way to be abandoned. The ExhibIt "B"- "Proposed Abandonment" shows the exact locaUon of the subject sIte and Its legal desa1pUon. The follOWIng Is a desa1pUon of the land uses and zoning dlsbfcts of all properties that surround the subject right-of-way. North - South - East West - Developed commercial (Coastal Cycles), zoned General Commercial (C-4); Partially developed commercial (Fred &, ~'s), zoned General Commercial (C-4); Right-of-way for Northeast 3rd Street; and Developed resfdentfal, Two-,faml/y Duplex ResldenUal (R-2). PIge 2 Memonandum No. PZ 04-189 ABNI 04-004 BACKGROUNQ The subject right-of-way (fonnally known as Sheppard street) lies partially WIthin the boundaries of the Arden Park Addition to Boynton plat The plat, originally approved In April of 1913, Indudecl 172 Individual lots, a 2S-foot Wide strip of land along the Rorida East Coast (F.E.C.) right-of-way, and several 10-foot Wide and 4O-foot Wide alleys, which were dedicated for perpetual use by the public. The applicant Infonned staff that It Is their Intention to abandon the unimproved right-of-way In order to develop additional parking for theIr tenant (Coastal Cydes) located at 403 Northeast 3rd Street ANALYSIS When a right-of-way, such as this alley, Is abandoned, the ownershIp of the abandoned land Is lransfelTed from the Oty of Boynton Beach to the abutting property owner(s). TypIcally, two (2) properues would be affected by an abandonment request Nonnally, 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 Olapter 22, ArtIde 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 north (Lot 30 Arden Park). Public records Indicate that Kenneth Schweitzer and steven McGuirk own the property to the south (Lot 11 Arden Park). 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 UTILm' COMPANIES Ronda Power and Ught BellSouth Rorida Public Utilities Company Cable Company (Adelphla) Cable Company (Comcast) No objection No objection No objection No objection N/A All pUblic utility providers have Indicated that they have no objection to the applicant's request for abandonment. However, It must be noted that a wastewater line Is rorrently located along the centerline of the unimproved roadway. Therefore, the Depamnent of Public Works Is requiring that a utility easement be dedicated over the abandoned portion of the right-of-way. A dedication of a utility easement would grant the Oty legal access to the property for maintenance or upgrade purposes, while stili alloWing the applicant to develop a POrtion of the property as a parl<lng lot Lastly, the subject I1ght-of-way tennlnates to the west of developed property preventing future extensIon of thIs rtght~f-way to connect With Northeast 2nd Street. There are also no Isolated parcels acljacent to the subject right- of-way WhIch would rely solely upon this street for access. ~ ~faff has detennlned that the subject alley does not selVe a pUblic purpose, and therefore Is 'ElCOI11mendlng approval of the request to abandon this portion of the 40-foot unlmprovec/ roadway as PIgU Mtmonmdum No. PZ 04-189 ASAN 040004 described above, subject to the comments Included In Exhlblt"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:lPfannlng\SHAREO\WPIPROJECTSI409 NE 3rd streetlABANIStaff Report.doc I , , I - ... - I fI 1 In... 125.0 teet ,. / Ff R I I ~ j J Go I AlE C4 I I ... - ....~~ 1/ l~tJ M i 15 f~ ij I :HE::JRl AVF I ~ - , ~ I '- I~ '~~ I 1 C3 r~ I I I .. :1-1 1:11 vn - .. QCAI"U 1:11 vn , \ I 1 Iz: I ~I ~ LOCATION MAP ABAN 04-004 EXHIBIT "An , It< .', . ;. 1:J'V111:)11 "1j" Yle...I-C"/he~,t.s//tJro' i I' i' r r til>> (W'H~/~ ~Nt'~~, .;~: [f Jff f J&' . Iv. #t:Jb'<7t:?"e' ~ ~ r ~ i t r ~ " 50:0' r ~~.f } r f ~ , ~~ ~ . I.f If i:: if , }~ l ~ ~ rig i! I f. f. if ~ " .~ ~ ~ ~' ~ ~ I i H I ~ ~ I ~ .~ ~ ~ o (\.. ~ \)l ~ ~ '" Iii ~ ::: ~ l ~ I r a ~ ~ ~ ~', l~ ~"~ I" f '1 E f ~ , It r E [ I ...;; ~ ~ f~. I ,8 h F ~ i f~ r I . ~ ~ ~ ~ 0 ./ ~~ ~ ' Ii ~ ~ ~W~ ~ . I ! P I t~ ~ It) ~1. ' . i ~ ~ . e ~- I,,~ I II c f .... .sc~ I ~ t f f l 'I ~ '!'l~. t' g, <:q;-,~~ ! 8 II i '2 -'i. - 4<p.~, to/', : ~ i l' ~ n.. ~I~S N.r::, -3RO~ ;'(1 f 'S-/j2~E:1 z ,.. J>. ,.. ~ ~ ~ ~ ~ . ~, 'r. i ~ ~~nr ~ iU"- 6 ~ III -' IIIIII ll!!h I". i Ifllli . 11'11 ~ ~ ~:' I t I!illl !IIII h . In' f n;lil ~Iill ~ ~ i I ..; . 1~ld~ id~~ \) ~ , ~ ~~: ;hlll I'III'~ . ~=; J g~ II ~ili (")~~CIl. .all I . ': Ji~ J IQ zw f1m!1 1 c:.N Q fjl' '. /. 'z ~'Ii ..,' t "'" >101" ' ~ .-<~n '.... .. >"... I. . ...,5 ~ if i!:' -IRJ t. '.1 I '. ~ :~. - lid,. III! ~. , v"J 71 EXHIBIT "e" Conditions of Approval Project name: 409 Northeast 3111 Street File number: ABAN 04-004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. A wastewater line is currently located within the centerline of the unimproved X roadway. Therefore, a utility easement is required to allow the City legal access to the site in case of an emergencv. 2. No outside storage, structures, or landscaping shall be placed within the X 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: X "That portion of a 40-foot roadway know as N.E. 3rd Avenue, lying west of N.E. 3rd Street, lying south of Lot 30 and lying north of Lot 11, as shown on the Plat of ARDEN PARK, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida; SUBJECT TO a utility easement 12.00 feet wide whose centerline is also the centerline of said N.E. 3rd Avenue." POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X FORESTER/ENVIRONMENT ALIST 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 ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be detennined. S.:\Plal\l1lno\SHAAEOIWP\PROJECTS\409 NE 3n! StteeMBANICOA.dl)C DEVELOPMENT ORDER OF THE CITY COMMI~SION OF THE fY OF BOYNTON BEACH, FLOR A PROJECT NAME: 409 Northeast 3rd Street (Janis Group, Inc.) APPLICANT'S AGENT: Ron Janis and Karen Janis-Brown APPLICANT'S ADDRESS: 608 North Dixie Highway Lantana, Florida 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 17, 2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of the Northeast 3rd Avenue right-of-way located between Lots 11 and 30 of Arden Park. LOCATION OF PROPERTY: Located near 409 Northeast 3rd Street, which is located at the northwest corner of Northeast 3rd Street and Northeast 3rd Avenue, more generally located west of Railroad Avenue and north of Boynton Beach Boulevard. 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: City Clerk S:'l'lannlnglSHAREDlWP\PROJECTS\409 NE 3rd Streel\ABAN\OO.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet .!nYB 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 aQenda reQuest (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 Au ust 3 2004 Au ust 17 2004 Se tember 7 2004 Se tember 21 2004 October 4 2004 October 19 2004 November 3 2004 November 16, 2004 Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office Jul 19 2004 Au ust 2 2004 Au ust 16 2004 Se tember 7 2004 Se tember 20 2004 October 4 2004 October 18 2004 November 1, 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 [gJ All exhibits are attached & marked e. . Exhibit "A' 1'l0<L- Department Head's initials: Janis Group CNE 3rd Avenue) CABAN 04-004) Second Reading Please do not write in the shaded area below. Legal Department signature City Manager's signature o ITEM RETURNED FOR THE FOLLOWING R.EASON(S): Signature(~) missing 0 Incomplete submittal 0 Missed deadline 0 other 0 Reason: Persohqmtadted.to pick up.rejedted request by bg.7/19/02 S:\Plannlng\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 . Nov 16, 2004.doc on (Date) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City COnmUssion Date Final Form Must be Turned Meetim! Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon,) July 19, 2004 [8J October 4, 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 D September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November 1,2004 D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing [8J Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please maintain this request on the October 4,2004 City Commission Agenda under Legal, Ordinance - Second Reading as being tabled to the Oclober 19, 2004 meeting. The City Commission approved the subject requesl under First Reading on Seplember 7,2004. It should be noted thaI the conditions of approval require the dedication of an easement prior to Second Reading of the ordinance, thereby justifYing the postponement. For further details pertaining to the request, see attached Department of Developmenl Memorandum No. PZ 04-189. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Janis Group (NE 3'. Avenue) (ABAN 04-004) Ron Janis / Karen Janis-Brown N/A 409 NE 3'" Streel Request for abandonmenl of a portion of the Northeasl 3" Street right-of-way lying in the PIal of Arden Park. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A J!aA1(11~~ Deve~oP()eh~ ~partmeiii Director City Manager's Signature i,)) '1 Lr Planning and Z~irector City Attorney / Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\409 NE 3rd Street\ABAN 04-004\Agenda Item Request Janis Group NE 3rd 2nd READING tabled ABAN 04-004 10-4-04.doc S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-189 Clair and Members Community Redevelopment Agency MIchael W. Rumpf PlannIng and ZonIng DIrector Eric Lee Johnson, AICP 9Y Planner V August 4, 2004 Abandonment of a portion of Northeast 3rd Avenue ABAN 04-004 NAnJRE OF REOUEST The applicants, Ron JanIs and Karen JanIs-Brown are requesting to abandon a portion of the Northeast 3rd Avenue right-Of-way. This 4O-foot wide unImproved right-of-way Is sItuated between lots 11 and 30 of the Arden Part< plat The abandonment request was submitted on May 12, 2004. The platted roadway segment Is desa1bed as follows: A portion of N.E. 3rd Avenue lying In the Plat of Arden Part< as recorded In Plat Book 2, page 96 of the Public Records of Palm Beach County, florida. SaId land beIng desa1bed as follows: Bounded on the North by the South line of lot 30 Arden Park; Bounded on the South by the North line of lot 11 Arden Park; Bounded on the West by the Northeriy extension of the lot 11, Also being the West line of the plat Arden Park; and Bounded on the East by the Southeriy extension of the East line of lot 30, also being the West right-of-way line of Northeast 3rd street, as recorded In the plat of Arden Part<. ContainIng 5,528.714 square feet,more or less and subject to easements and right-of-way of record. The ExhIbit "A" - Location Map shows the general v1dnlty of the right-Of-way to be abandoned. The ExhibIt "B"- "Proposed Abandonment" shows the exact location of the subject site and Its legal desa1ptJon. The following Is a desa1ptJon of the land uses and zoning dIstricts of all properties that surround the subject right-Of-way. North - South - East - West - Developed commercial (Coastal Cydes), zoned General Commercial (C-4); Partially developed commercial (Fred & Joe's), zoned General Commercial (C-4); Right-Of-way for Northeast 3rd Street; and Developed residential, Two-family Duplex Residential (R-2). I'Ige 2 Memorandum No. PZ 04-189 AllAN 04-004 BACKQROUND The subject right-of-way (fonnally known as Sheppard street) lies partially WIthin the boundaries of the Arden Park Addition to Boynton plat. The plat, origInally approved In April of 1913, Induded 172 Individual lots, a 25-foot WIde sbip of land along the Florida East Coast (F.E.C.) right-of-way, and several10-foot WIde and 4O-foot WIde alleys, whIch were dedicated for perpetual use by the public. The applicant Infonned staff that It Is their Intention to abandon the unimproved right-of-way In order to develop additional parking for their tenant (Coastal Cydes) located at 403 Northeast 3rd Street. ANALYSIS When a right-Of-way, such as this alley, Is abandoned, the ownership of the abandoned land Is transferred from the Oty of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected by an abandonment request. Nonnally, 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 Olapter 22, ArtIde 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 north (Lot 30 Arden Park). Public records Indicate that Kenneth Schweitzer and Steven McGuirk own the property to the south (Lot 11 Arden Park). A summary of the responses from the utility companies and city staff Is noted as follows: 01Y 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 lTllLlTY COMPANIES Florida Power and Ught BeIlSouth Florida Public Utilities Company Cable Company (Adelphla) Cable Company (Comcast) No objection No objection No objection No objection N/A All public utility provfders have Indicated that they have no objection to the applicant's request for abandonment. However, It must be noted that a wastewater line Is currently located along the centerilne of the unimproved roadway. Therefore, the Department of Public Works Is requiring that a utility easement be dedicated over the abandoned portion of the right-of-way. A dedication of a utility easement would grant the oty 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. Lastly, the subject right-of-way tennlnates to the west of developed property preventing future extension of this right-of-way to connect with Northeast 2nd Street There are also no Isolated parcels adjacent to the subject right- of -way which would rely solely upon this street for access. RECX)MMENDAno~ Staff has detenn/ned 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 Page a Memorandum No. PZ 04-189 ABAN 04'()()4 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:lPfannlng\SHARED\WPlPROJECTS\409 NE 3rd StreetlABAN\Staff Report.doc .. / , I W ... ~ - II' 1 In. " 125.0 feet I e m ~ l~ AI .,J.. C4 I I I r~~ 1/ -,.,prl 1 l~ ~ ~ I l I ~ :EE:3m r.,.. - ~ r~ ~ Ii J1 E1 C3 " I ..... A.... \ AI vn I:SUy~TON n""A~1-I AI vn J - \ =-hn. L 1 I n . ,,- LOCATION MAP ABAN 04-004 EXHIBIT "An '~d:, ~ ~~:"; '. ~:~~. ::: , IJ\tIltJll -'tin jA/elS-I-tJ"",' t:...-I-s //1.8<:> Ilf rf r r H (W"fft'l~ 41'4",", A;;l " . rf Jf f f Jr' _ .;<< ~~~'e, ~ ~I t 8' f r~ , "".0 c., 50:0' r P: a.f } i I h '~,~ ~. ~ . I ,.f! I f ~ ~ i r l ~ ~,;:..: ~ ~ I a 'B! l f i U 0- ~~ ~ ~ ~ ~ I J if !, [ r jt j"< 1;':0: I\. '~~ ~. ~. ~, I Jl g' .! g . f Ii ~ o (I. ~ \}I r"f\ Ii. 51l, 'a, :- 0 fa, fa ~ ~ ~ ~" I~ ~"~ I' f '1 ~ f" r E [ r ~ '~~ ~ " f~. j 16 fr ~ ~ ~ I~ r I ~ ~ ~ ~. I fl'g r II ~ ~ ~ w~ ~ ' I l.o oil' r i ~ l\);oo~ ' ' i ~ ~ ' t!:; ~ Ju - _' ,~- I.a, 1 l a rf ~ 'O"a>,.a _ /to....., I ~.. EI' W"j' gh'<,,~ ' " ""'lD ..sa,~ oll & Ii f ~ """" ~rq' g. . I I a, :IE! a, 1-' ~ <s:r, <q;;-,~~ . il l f 'Ii ~ ~_ 4C!<4,?J, u-- I ~ i l' ~ ~, " -i, . o ~I " ~I z ~ r iB N. E, 3Ri) S=;:;-- ~ '''-f::e, r I · &i ~~nn ~ i~J~i 6 ~ !~i ~ lill~1 III:; ~ ~ 'iI! i ~li=~I~ ~~igi ~ ~ I I . I ~~n ~!1l ~~ l:I. ~ l1pf i i U !~ n Ili ~ H' ~!!~Q"I .!!~ ~ . ih f ;;ill ;~m I~ ~ i I I~md~ iih~ \i ~ . ". ~ : ~i~115 I il~ ~ ~ 'z~ 'db a i~~ ill ~ =; i @ II ~~I OClVl.dl! . " ~!l ;I '~:~~ I!I~~I :, sU I ... >"1 ~ uf l!il~ ..-<-":0;.,. ~ n '. '. ~~~ ~ ! t~~. f I_ ~. le~ ~J I;~'" 'II h k ':':RII~ ~if ;:~ . .1~Jr' il~ e; '~H - 1111; lid v':) 71 ~ l t.H ~~ t( ~ R ~~~ ~ ~r' i~ 1.'1 ~~ ~~-. Z~ ;!~' ~~ ' ; .,.". '. .. 1~ g~ 1[, . a~' f{ "-/ EXHIBIT "C" Conditions of Approval Project name: 409 Northeast 3rd Street File number: ABAN 04-004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. A wastewater line is currently located within the centerline of the unimproved X roadway. Therefore, a utility easement is required to allow the City legal access to the site in case of an emerj!;ency. 2. No outside storage, structures, or landscaping shall be placed within the X 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: X "That portion of a 40-foot roadway know as N.E. 3rd Avenue, lying west of N.E. 3rd Street, lying south of Lot 30 and lying north of Lot 11, as shown on the Plat of ARDEN PARK, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida; SUBJECT TO a utility easement 12.00 feet wide whose centerline is also the centerline of said N.E. 3rd Avenue." POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Conunents: None X FORESTERlENVIRONMENTALIST Conunents: None X PLANNING AND ZONING Conunents: 4. The dedication of the utility easement shall occur prior to the second reading X of the ordinance. PUBLIC UTILITY PROVIDERS Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be determined. $:lPlannlng\sHARED\WPIPROJECTS\4Q9 NE 3n:l street'A8ANICOA,doc DEVELOPMI=NT ORDER OF THE CITY COMM'-'ION OF THE fY OF BOYNTON BEACH, FLORIIJA PROJECT NAME: 409 Northeast 3rd Street (Janis Group, Inc.) APPLICANT'S AGENT: Ron Janis and Karen Janis-Brown APPLICANT'S ADDRESS: 608 North Dixie Highway Lantana, Florida 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 17, 2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of the Northeast 3rd Avenue right-of-way located between Lots 11 and 30 of Arden Park. LOCATION OF PROPERTY: Located near 409 Northeast 3rd Street, which is located at the northwest corner of Northeast 3rd Street and Northeast 3rd Avenue, more generally located west of Railroad Avenue and north of Boynton Beach Boulevard. 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 tenns and conditions of this order. 7. Other DATED: City Clerk S:\PIannlngISHARED\WPlPROJECTS\409 NE 3rd Streel\ABAN\DO.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet ~ 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 aQenda reQuest (with back uDl 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 8r. D/CRA Requests Deadline Commission Meeting Clerk's Office Dates Au ust 3 2004 Au ust 17 2004 D Se tember 7 2004 Se tember 21 2004 October 4 2004 October 19 2004 D November 3 2004 D 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 D All back u material is attached All exhibits are attached & marked e. . Exhibit "A' uJ~ Department Head's initials: Janis Group CNE 3rd Avenue) CABAN 04-004) 2nd reading tabled to 10/19 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 0 Missed deadline 0 Other 0 Reason: City Manager's signature Person contaqedtopic:kUprejected request by bg - 7{19{02 S:\Planning\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc on (Dilte) 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 Meetim!: Dates in to City Clerk's Office 0 August 3, 2004 (Noon,) July 19,2004 0 October 5, 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) October 18, 2004 ~ SepternberZl,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 ~ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the September 21, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved the subject request under Firsl Reading on September 7, 2004. It should be noted thaI the conditions of approval require the dedication of an easement prior to Second Reading of the ordinance. Staffwill report on the status on lhis effort at the September 21" meeting. For further details pertaining to the requesl, see attached Department of Developmenl Memorandum No. PZ 04-189. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Janis Group (NE 3'" Avenue) (ABAN 04-004) Ron Janis I Karen Janis-Brown N/A 409 NE 3 cd Streel Requesl for abandonmenl ofa portion oflhe Northeast 3,d Streel right-of-way lying in the Plat of Arden Park. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A City Manager's Signature Planning ana Zo n irector City Attorney / Finance I Human Resources S:\PlanninglSHARED\WP\PROJECTS NE 3rd StreetlABAN 04-004lAgenda Item Request Janis Group NE 3rd 2nd READING ABAN 04-004 9-21-04.00c S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Conunission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office D August 3, 2004 (Noon,)July 19,2004 D October 5, 2004 (Noun) September 20, 2004 D August 17. 2004 (Noun) August 2, 2004 D October 19, 2004 (Noun) October 4.2004 [8] September 7, 2004 ONoon) August 16,2004 D November 3, 2004 (Noon) October 18, 2004 D 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 D Public Hearing [8] Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the September 7, 2004 City Connnission Agenda under Legal, Ordinance - First Reading. The City Conunission approved the subject request under Public Hearing on August 17, 2004. For further details pertaining 10 the requesl, see attached Department of Development Memorandum No. PZ 04-189. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Janis Group (NE 3'" Avenue) (ABAN 04-004) Ron Janis / Karen Janis-Brown N/A 409 NE 3'" Streel Request for abandonment of a portion of the Northeast 3'" Street right-of-way lying in the Plat of Arden Park. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ctor City Manager's Signature Planning and Zoning S:lPlanningISHAREDlWPIPROlECTS tUL ector City Attorney / Finance / Human Resources E 3rd StreetlABAN\Agenda Item Request lanis Group NE 3rd ABAN 04-ll04 8-17-04,doc S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DQC TO: THRU: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-189 Chair and Members Community Redevelopment Agency Michael W. Rumpf Planning and Zoning Director Eric Lee Johnson, AlCP 9,y Planner V August 4, 2004 Abandonment of a portion of Northeast 31'1I Avenue ABAN 04-004 NAnJRE OF REOUEST The applicants, Ron Janis and Karen Janis-Brown are requesting to abandon a portion of the Northeast 31'1I Avenue right-of-way. This 4O-foot wIde unimproved right-of-way Is situated between lots 11 and 30 of the Arden Park plat The abandonment request was submitted on May 12, 2004. The platted roadway segment Is described as follows: A portion of N.E. 31'1I Avenue lying In the Plat of Arden Park as recorded In Plat Book 2, page 96 of the Public Records of Palm Beach County, Rorida. Said land being described as folloWs: Bounded on the North by the South line of lot 30 Arden Park; Bounded on the South by the North line of lot 11 Arden Park; Bounded on the West by the Northeriy extension of the lot 11, Also being the West line of the plat Arden Pari<; and Bounded on the East by the Southeriy extension of the East line of lot 30, also being the West right-Of-way line of Northeast 31'1I street, as recorded In the plat of Arden Park. Containing 5,528.714 square feet more or less and subject to easements and right-Of-way of record. The Exhibit "A" - location Map shows the general v1dnlty 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 desa1ptlon of the land uses and zoning districts of all properties that surround the subject right-of-way. North - South - East West - Developed commercial (Coastal Cydes), zoned General Commercial (C-4); Partially developed commercial (Fred & Joe's), zoned General Commercial (C-4); RIght-Of-way for Northeast 31'1I street; and Developed residential, TwO-family Duplex Residential (R-2). PIige 2 Memorandum No. PZ 04-189 AllAN 04-004 BACKGROUND The subject right-of-way (fonnally known as Sheppard Street) lies partially within the boundaries of the Arden Park Addition to Boynton plat The plat, originally approved In April of 1913, Induded 172 Individual lots, a 2S-foot wide sb1p of land along the Florida East Coast (F.E.C.) right-of-way, and several1o-foot wide and 4Q-foot wIde alleys, which were dedicated for perpetual use by the public. The applicant Infonned staff that It Is their Intention to abandon the unimproved right-of-way In order to develop addlUonal parking for their tenant (Coastal Cydes) located at 403 Northeast 3m Street ANALYSIS When a right-of-way, such as this alley, Is abandoned, the ownership of the abandoned land Is transferred from the aty of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected by an abandonment request Nonnally, 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 Olapter 22, ArtJde nI, SecUon 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 north (lot 30 Arden Park). Public records Indicate that Kenneth Schweitzer and Steven McGuirk own the property to the south (Lot 11 Arden Park). A summary of the responses from the utility companIes and city staff Is noted as follows: CTY DEPARTMENTS/DMSIONS Engineering Public Works / Utilities PlannIng and Zoning No objection Approval with condItions (see exhibit "C" - Conditions of Approval) Approval with conditions (see exhibit "C" - CondlUons of Approval) PUBUC UTILITY COMPANIES Florida Power and Ught BeIlSouth Florida Public Utilities Company Cable Company (Adelphla) Cable Company (Comcast) No objection No objection No objection No objection N/A All public utility providers have Indicated that they have no objection to the applicant's request for abandonment However, It must be noted that a wastewater line Is currently located along the centerilne of the unimproved roadway. Therefore, the Department of Public Works Is requiring that a utility easement be dedIcated over the abandoned portion of the right-Of-way. A dedication of a utility easement would grant the Oty legal access to the property for maintenance or upgrade purposes, while SUII allowing the applicant to develop a portion of the property as a parking lot Lastly, the subject right-of-way tenn/nates to the west of developed property preventing future extensIon of this right-Of-way to connect with Northeast 2nd Street There are also no Isolated parcels adjacent to the subject right- of-way which would rely solely upon thIs street for access. RECOMMENDAno~ 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 PIige 3 MemonIndum No. PZ 04-189 ABAN 04-004 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:lPIannlng\SHAREDIWPlPROJECTS\409 NE 3rd StreatlABAN\Staff Raport.doc F~~ J , , fi J :2 , I AVI C4 R Ii 1 ~ .... ~ - 1111. co 125.0 feet 6 ~- H ~ _I I J ~ ::JiIE:3m .AV~ - J ~ J I~ '~ C3~ ..... I I ITnN C1CAI""U RLVD ...- . C1lvn - r-- =- -- = I n ~ u LOCATION MAP ABAN 04-004 EXHIBIT "A" ~? . ., "", :...;'''''f t:AI1ll::Sll a1:J7> (~~~~ ~f;.,~~1i : I jl fll I if. ~ ~I ' Ul "J 8 8 8 Ii!i . 1Va7'a,I&t7"e' ~ :z: r f f f r ~ ~,.. ',50:0:-r it ~~ j I f h . ~.~' ~ . I :1 rf f i i if t~ ~,x ~~ I. f;1 I f r u 0, ~ ~ ~ ~ 11'I ~ = t I ! r r !i S'.!'( , .~~.~~ ~~ I rs" ,.~~~~~~~ t'(I~ ~~ ~~I\ I if" '~:=~f~lra ~ ~ ~ ~., I~ ~ R ~ I' t '11 f t t t J [r ... , ~ ~ f~. j 'I~ h F ~ ~ If r I ~ ~ ~ 0 . ' I n r Ii ~ ~f~ ~ . I l ~ I r1 ll)..l." ' f: r ~ ' e' I.~ - _' ,~- I ~ I I I fl ""b" .B ro r.>' I!I .. II' f W..'" ...~"''''ot!, . ~ 'So.~ ol! II II / ....."'co' .!J . I "~,, .I' rq.sr ~'~ -::----c-.. ! II I f 11 ~- 4~~1 (,.C/ ~ l f: i ~ ~I '~~ N,E, 3RD~ ~I ~ Srj;2E:.E:/ Z .- ~ ~ ~ ~ ~ ~ . ~, li. Is; ~ nU;1 ~. IIUI ~ gz illl . illllL !~I~I ~ ~ 1'1 i Ilbal' III:~ ~ ~ ~frl ;~llnl ~~ Ii \) . In I i !!hd ~i ;111 ~-~ In f ~I~Q"'I ~~ n .u hall ~~I I ~ ~ ~ I~ r~ ' illll~ id~~ ~ ~ ~ ''"". .. IIbll 11111 ~ 01:111I. ~n ~ . . J~~ · '~::~l!ml .... II ~ J !~ ~ . 1~I~i" , ":1 il . ~ :~. ..' Ills, d~! v') 71 z~ EXHIBIT "e" Conditions of Approval Project name: 409 Northeast 3M Street File number: ABAN 04-004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. A wastewater line is currently located within the centerline of the unimproved X roadway. Therefore, a utility easement is required to allow the City legal access to the site in case of an emerl!:encv. 2. No outside storage, structures, or landscaping shall be placed within the X 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: X "That portion of a 40-foot roadway know as N.E. 3rd Avenue, lying west of N.E. 3rd Street, lying south of Lot 30 and lying north of Lot II, as shown on the Plat of ARDEN PARK, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida; SUBJECT TO a utility easement 12.00 feet wide whose centerline is also the centerline of said N.E. 3rd Avenue." POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conunents: 4. The dedication of the utility easement shall occur prior to the second reading X of the ordinance. PUBLIC UTILITY PROVIDERS Conunents: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conunents: 5. None X ADDITIONAL CITY COMMISSION CONDITIONS Conunents: 6. To be detennined. S:'l'lMokIg\SHAREDIWP\PROJECTSW09 NE 3rd StfeeMBANICOAdllQ DEVELOPMF"T ORDER OF THE CITY COMMlf 'ON OF THE t... Y OF BOYNTON BEACH, FLORltJA PROJECT NAME: 409 Northeast 3rd Street (Janis Group, Inc.) APPLICANT'S AGENT: Ron Janis and Karen Janis-Brown APPLICANT'S ADDRESS: 608 North Dixie Highway Lantana, Florida 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 17,2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of the Northeast 3rd Avenue right-of-way located between Lots 11 and 30 of Arden Park. LOCATION OF PROPERTY: Located near 409 Northeast 3rd Street, which is located at the northwest corner of Northeast 3rd Street and Northeast 3rd Avenue, more generally located west of Railroad Avenue and north of Boynton Beach Boulevard. 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: City Clerk S:lPIannlngISHAREDIWPlPROJECTS\409 NE 3rd StreellABANIDO.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet ~ 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 request (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 S 2004 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 D All back u material is attached IZI All exhibits are attached & marked e. . Exhibit "A' Department Head's initials: ~ Janis Group CNE 3rd Avenue) CABAN 04-004) Second Reading Please do not write in the shaded area below. Legal Deparl:mentsignature 0 ITEM RETURNED FOR THE FOLLOWING REASON(S): Signatute(s) mlssin9 0 Incomplete submittal ,[] Missed deadline' 0 Other 0 Reason: City Manager's signature o Person cdntactedtopick up rejectechequest by bg - 7/19/02 S:\Planning\P1anning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc on (Date) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Ponn Must be Turned Meetine Dates in to City Clerk's Office Meetin!! Dates in to City Clerk's Office 0 August 3, 2004 (Noon.) July 19, 2004 0 October 5, 2004 (Noon) September 20, 2004 ~ 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) 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 Consenl Agenda 0 New Business AGENDA ITEM ~ Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this reqnest on the August 17, 2004 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote (5 to 0), recommended thaI the subject be approved. For further delails pertaining to the request, see attached Departmenl of Development Memorandwn No. PZ 04-189. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Janis Group (NE 3'. Avenue) (ABAN 04-004) Ron Janis / Karen Janis-Brown N/A 409 NE 3'. Street Request for abandonmenl of a portion of the Northeast 3" Street right-of-way lying in the Plat of Arden Park. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A A"','~ ~J;%~~r~nt Director City Manager's Signature ~i~ ~~ector City Attomey / Finance / Human Resources SoIPlanning\SHAREDlWPIPROJECTS\409 NE 3rd Street\ABANlAgenda Item Request Janis Group NE 3rd ABAN 04-004 8-17-04,doc S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DQC TO: THRU: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-189 Chair and Members Community Redevelopment Agency Michael W. Rumpf Planning and Zoning Director Eric Lee Johnson, AICP 9.,y Planner V August 4,2004 Abandonment of a portion of Northeast 3rd Avenue ABAN 04-004 NAnJRE OF REOUEST The applicants, Ron Janis and Karen Janis-Brown are requesting to abandon a portion of the Northeast 3rd Avenue right-Of-way. This 4O-foot wide unimproved right-Of-way Is situated between lots 11 and 30 of the Arden Park plat. The abandonment request was submitted on May 12, 2004. The platted roadway segment Is described as follows: A portion of N.E. 3rd Avenue lying In the Plat of Arden Park as recorded In Plat Book 2, page 96 of the Public Records of Palm Beach County, Rorida. Said land being described as follows: Bounded on the North by the South line of lot 30 Arden Park; Bounded on the South by the North line of lot 11 Arden Park; Bounded on the West by the Northeriy extension of the lot 11, Also being the West line of the plat Arden Park; and Bounded on the East by the Southeriy extension of the East line of lot 30, also being the West right-of-way line of Northeast 3rd Street, as recorded In the plat of Arden Park. Containing 5,528.714 square feet more or less and subject to easements and right-of-way of record. The Exhibit "A" - location Map shows the general v1dnlty 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 - East West - Developed commercial (Coastal Cydes), zoned General Commercial (C-4); Partially developed commercial (Fred & Joe's), zoned General Commercial (C-4); Right-of-way for Northeast 3rd street; and Developed residential, two-family Duplex Residential (R-2). PIIge2 Memorandum No. PZ 04-189 AJWj 04-004 BACKGROUND The subject right-of-way (formally known as Sheppard street) lies partially within the boundaries of the Arden Park Addition to Boynton plat. The plat, originally approved In April of 1913, Included 172 Individual lots, a 25-foot wide strip of land along the Rorlda East Coast (F.E.C.) right-of-way, and several1Q-foot wide and 4O-foot wide alleys, which were dedicated for perpetual use by the public. The applicant Informed staff that It Is their Intention to abandon the unimproved right-Of-way In order to develop additional parking for their tenant (Coastal Cycles) located at 403 Northeast 3rd Street. ANALYSIS When a right-of-way, such as this alley, Is abandoned, the ownership of the abandoned land Is transferred from the Oty of Boynton Beach 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 north (Lot 30 Arden Park). Public records Indicate that Kenneth Schweitzer and Steven McGuirk own the property to the south (Lot 11 Arden Park). A summary of the responses from the utility companies and city staff Is noted as follows: crrv DEPARTMENTS/DMSIONS 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 UTILIlY COMPANIES Florida Power and Ught BeIlSouth Rorlda Public Utilities Company Cable Company (Adelphla) Cable Company (Comcast) No objection No objection No objection No objection N/A All public utility providers have Indicated that they have no objection to the applicant's request for abandonment. However, It must be noted that a wastewater line Is currently located along the centerline of the unimproved roadway. Therefore, the Department of Public Works Is requiring that a utility easement be dedicated over the abandoned portion of the right-Of-way. A dedication of a utility easement would grant the City 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. Lastfy, the subject right-Of-way terminates to the west of developed property preventing future extension of this right-Of-way to connect with Northeast 2nd street. There are also no Isolated parcels adjacent to the subject rlght- of -way which 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 Page 3 ~ncIum No. PZ 04-189 ABAN~ 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:lPIannlng\SHARED\WPlPROJECTS\409 NE 3rd Street\ABAN\Staff Report.doc i Ft L- C4 ~, It. ~ f~ l ~ J ~.Il",," ~ - ~ t ~ ~ E:J 1J , C3r~ '- ......I\.I"'U R'- vn .__u ""'A...U I:U_vn \ II!: n~ LOCATION MAP ABAN 04-004 EXHIBIT "An :j(.:' ..,; 'r- ~:fr_! ,.,:;~~~ ~:~~. 1::JQi11:J11 ""B77 Yle$-ICJh"" Uo-ls //';'.!rO ~ ;r ,r II ~l~ ( Wlsf c!n.~ ,<J~411"> Ar;;l J: r t J tit. ~tJt?' ' . m a.~ 8 8 8 fA, . Wa:;>'~/O(7"e, ~ ~ r ~ ~ ~ r ~ ~~.O 50.0' r.. ao$' l II- i I-a. , ~~ ~ . I :1 Xf i;; if ~~ 1 ~ ~ r I' ! i! i f. f. rr i ,,~ ~,.' ~ ~ ~ 3: I r H ,. ~ ~ I ~ ~ : ~ ()" ~ ~ ~ f ". I l i" I<, = ~ j a, I r it ~ ~ ~ ~' I~ ~ ~ ~ I' !,l ~ i j , ~ t J [r ... ..., ~ ~ ... II. j I h ;: ~ ~ [i i j ~ ~ ~ ~ o' I n ~ Ii' f ~~~~~.' I l p i I~ l\) "'I ' ' i t i" ,S ~-: I ,I<, ill l .~ Sa~ I ~ f r f r g. ,~ I I a. l a. ~ . 4'?ev~W'- i il .ii. i" i ~- '~/,. ~ 1t l: :l: !II .~~ !-J,E, .3RD~ ,,~ f:c, Z ,. l' ~ ~ ~ ~ 'i ~ ~ ~ I; ,~! ~ nUl; ~, lUll ~ ~ 1=1 i Idll~ !lu' ~ ~ I I 1~lhl' r~l~~ ~ ~ \l5!i!n~ ~~ n ~ ~ ~;:' I ~ nh~i ~i mi t- ~ , Hi f ~I~~il ~nl ~ i Ii:;i~ ~Il~~m:>h ~ ~ ,~ r~ ' ih;w~ Id;~! ~ ~ !~ ~ ': hhU II!~ ~ ~ ~= ~J @IIII,. ~!;I I f ~~~~. luilil Illl ;J I~N : ~ ~II~~I ,.liI 1 ~~~"i:> lit dIll ~r;'~~~: Idl/o'o.]iU t' !~= ! lilH~ .1111 v';) 71 z~ 1[, , ~ ' d~ " ;> ~f '" 1) , '-" EXHIBIT" C" Conditions of Approval Project name: 409 Northeast 3n1 Street File number: ABAN 04-004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. A wastewater line is currently located within the centerline of the unimproved X roadway. Therefore, a utility easement is required to allow the City legal access to the site in case of an emergencv. 2. No outside storage, structures, or landscaping shall be placed within the X confines of the required utility easement without the express written consent of the Enlrineering Division of Public Works. 3. The legal description needs to read as follows: X "That portion of a 40-foot roadway know as N.E. 3rd Avenue, lying west of N.E. 3rd Street, lying south of Lot 30 and lying north of Lot II, as shown on the Plat of ARDEN PARK, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida; SUBJECT TO a utility easement 12.00 feet wide whose centerline is also the centerline of said N.E. 3rd Avenue." POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X 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 ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be detennined. S:'l"'-'~HARED\WP\PROJECTS\.4Oi NE 3rd 51feet\AElAN\C0A.d0c DEVELOPM,.... ~T ORDER OF THE CITY COMMit .ON OF THE (., IV OF BOYNTON BEACH, FLORIDA PROJECT NAME: 409 Northeast 3111 Street (Janis Group, Inc.) APPLICANT'S AGENT: Ron Janis and Karen Janis-Brown APPLICANT'S ADDRESS: 608 North Dixie Highway Lantana, Florida 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 17, 2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of the Northeast 3111 Avenue right-of-way located between Lots 11 and 30 of Arden Park. lOCATION OF PROPERTY: Located near 409 Northeast 3'" Street, which is located at the northwest corner of Northeast 3'" Street and Northeast 3111 Avenue, more generally located west of Railroad Avenue and north of Boynton Beach Boulevard. 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 tenns and conditions of this order. 7. Other DATED: City Clerk S:\PlannlngISHAREDIWPlPROJECTS\409 NE 3rd Slreel\ABANIDO.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODV of aaenda reauest (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Deadline for Submittal to City P & D/CRA Requests Deadline Commission Meeting Clerk's Office Dates Au ust 3 2004 cgj Au ust 17 2004 Se tember 7 2004 Se tember 21 2004 October 5 2004 D October 19 2004 D 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 Rnance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. . Exhibit "A' Department Head's initials~ ~ W Janis Group (NE 3rd Avenue) CABAN 04-004) Please do not write in the shaded area below. Legal Department signature D ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing D ~~~:~~~d~~~mittal B O~er D Reason: D Person contacted to piCk up rejected request by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc on (Date) CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates Au ust 3 2004 Au ust 17 2004 Se tember 7 2004 Se tember 21 2004 October 5 2004 October 19 2004 November 3 2004 November 16 2004 Deadline for Submittal to City P 8r. D/CRA Requests Deadline Clerk's Office All back u material is attached All exhibits are attached & marked e. . Exhibit "A' Department Head's initia~0~ Janis Grou NE 3nl Avenu ABAN 04-004 Second Readin Please do not write in the shaded area below. Legal Department signature D ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing D Incomplete submittal D Missed deadline D Other D Reason: City Manager's signature D Person contacted to pick up rejected request by bg - 7/19/02 S:\Planning\Planning Templales\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc on (Date) , f, " ~. L" .J, <' "'J / NOTICE OF PUBLIC HEARING I. .../ NOTICE IS HEREBY GIVEN that the Community Redevelopment Agency Board will conduct a PUBLIC HEARING at the CITY HALL, COMMISSION CHAMBERS, on Tuesday, August 10, 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 August 17, 2004, at 7:00 p.m., or as soon thereafter as the agenda permits, to consider a request for abandonment of a portion of a roadway submitted by Ron Janis and Karen Janis-Brown for the Janis Group, Incorporated. This unimproved portion of the Northeast 3'd Avenue right-of-way is more particularly described as follows: Legal Description: A portion of N.E. 3'd Avenue lying in the Plat of Arden in the Plat of Arden Park as recorded in Plat Book 2, page 96 of the Public Records of Palm Beach County, Florida. Said land being described as follows: Bounded on the North by the Soulh line of lot 30 Arden Park. Bounded on the South by the North line of lot 11, Arden Park. Bounded on the West by the Northerly extension of the lot 11, Also being the West line of the plat Arden Park. Bounded on the East by the Southerly extension of the East line of lot 30, also being the West right-of-way line of N.E. 3"' Street, as recorded in the plat of Arden Park. Containing 5,528.714 Square feet more or less and subject to easements and right-of-way of record. 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 July 27,2004 <':' S.\Planning\SHARED\WP\PROJECTS\409 NE 3rd Streel\ABAN\LEGALNOT.doc DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 04.188 TO: FROM: Janet Prainito City Clerk Michael W. Rumpf PfI,L ;'/II#!--- Director of Planning & zo~~ DATE: July 26, 2004 RE: Janis Group ABAN 04-004 Accompanying this memorandum you will find one (1) copy of the application and related documents for the above-referenced abandonment application. The $500.00 application fee for staff processing and review has been forwarded to the Finance Department. A legal advertisement for same has been prepared for the August 10, 2004 Community Redevelopment Agency Board meeting and the August 17, 2004 City Commission meeting and will be forwarded to your office after review by the City Attorney. MWR:sc S:\Planning\SHARED\WP\PROJECTS\409 NE 3rt! Street\ABAN\lEGALNOT.doc 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, August 10, 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 August 17, 2004, at 7:00 p.m., or as soon thereafter as the agenda penmits, to consider a request for abandonment of a portion of a roadway submitted by Ron Janis and Karen Janis-Brown for the Janis Group, Incorporated. This unimproved portion of the Northeast 3rd Avenue right-of-way is more particularly described as follows: Legal Description: A portion of N.E. 3rd Avenue lying in the Plat of Arden in the Plat of Arden Park as recorded in Plat Book 2, page 96 of the Public Records of Palm Beach County, Florida. Said land being described as follows: Bounded on the North by the South line of lot 30 Arden Park. Bounded on the South by the North line of lot 11, Arden Park. Bounded on the West by the Northerly extension of the lot 11, Also being the West line of the plat Arden Park. Bounded on the East by the Southerly extension of the East line of lot 30, also being the West right-of-way line of N.E. 3rd Street, as recorded in the plat of Arden Park. Containing 5,528.714 Square feet more or less and subject to easements and right-of-way of record. 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. PUBLISH: The Post July 27,2004 CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742.6260 S:\Planning\SHAREDlWP\PROJECTS\409 NE 3rd StreetlABAN\LEGALNOT.doc REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attomey two (2) working days prior to the first publishing date requested below. ORIGINATOR: Plannina and Zonina Division PREPARED BY: Michael Rumof DATE PREPARED: Julv 26.2004 BRIEF DESCRIPTION OF NOTICE OR AD: Reauest to abandon a oortion of the Northeast 3cd Street riaht-of-wav. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Leaal Ad for the Community Redevelooment Aaencv Board meetina on Auaust10. 2004. and the Auaust 17. 2004. City Commission meetina. SEND COPIES OF AD TO: Newsoaoer. adioinina orooerty owners. aoolicant and Plannina and Zonina Director. NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: Julv 27.2004 LAST DATE TO FAX TO NEWSPAPER: Julv 23.2004 APPROVED BY: (1)~, /I ( riginator)~ (2) n/I/YlChJ. 7?tCf5 (eft Attorney) 7 ~fio 1 RECEIVED BY CITY CLERK: COMPLETED: