REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-189
TO:
Chair and Members
Community Redevelopment Agency
THRU:
Michael W. Rumpf
Planning and Zoning Director
FROM:
Eric Lee Johnson, AICP
Planner
'if
DATE: August 4, 2004
SUBJECT: Abandonment of a portion of Northeast 3cd Avenue
ABAN 04-004
NATURE OF REOUEST
The applicants, Ron Janis and Karen Janis-Brown are requesting to abandon a portion of the Northeast 3cd Avenue
right-of-way. This 40-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. 3cd Avenue lying 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; and
Bounded on the East by the Southerly extension of the East line of lot 30, also being the West right-of-way
line of Northeast 3cd 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 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
Developed commercial (Coastal Cycles), zoned General Commercial (C-4);
South -
Partially developed commercial (Fred & Joe's), zoned General Commercial (C-4);
East
Right-of-way for Northeast 3rd Street; and
West -
Developed residential, Two-family Duplex Residential (R-2).
Page 2
Memorandum No. PZ 04-189
ABAN 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 Florida East Coast (F.E.C.) right-of-way, and severallO-foot wide and 40-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
City 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:
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
Florida Public Utilities Company
Cable Company (Adelphia)
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 still allowing the applicant to develop a portion of the property
as a parking lot.
Lastly, 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 right-
of-way which would rely solely upon this street for access.
RECOMMENDATION
Staff has delermined 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
Memorandum 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:IPlanningISHAREDlWPIPROJECTS\409 NE 3rd Street\ABAN\Staff Report.doc
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EXHIBIT "C"
Conditions of Approval
Project name: 409 Northeast 3'd Street
File number: ABAN 04-004
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments:
1. A wastewater line is currently located within the centerline of the unimproved
roadway. Therefore, a utility easement is required to allow the City legal
access to the site in case of an emergency.
2. No outside storage, 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:
"That portion of a 40-foot roadway know as N.E. 3rd A venue, lying
west ofN.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
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARK" AND RECREATION
Conditions of Approval
2
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DEPARTMENTS
I INCLUDE I REJECT I
Comments: None
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
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
5. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
6. To be determined.
S:\PlannioIlISHAREDlWPlPROJECTS\409 NE 3rd Streel\ABANICOA,doc
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 04080
FROM:
Maxime Ducoste-Amedee, Planner
Planning & Zoning Division ~
H. David Kelley, Jr., PE/PSMJ{7
City Engineer
TO:
DATE:
May 18, 2004
SUBJECT:
Proposed Street Abandonment
Janis Group, Inc. Application - 1st Review
This memorandum is in response to your initial memorandum dated May 12, 2004 on the above
noted subject. The legal description within the application (not delineated), is surmised 10 be
N.E. 3cd Avenue, westward of N.E. 3cd Street, and is recapped as follows:
"That portion of a 40-foot roadway known as N.E. 3cd Avenue, lying west of N.E.
3cd 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."
After careful study of the roadway and a review of the response letters from the various utility
systems utilizing the alley, this Division can recommend approval of an abandonment request
WITH THE PROVISO OF delineating a utility easement over the to be abandoned roadway.
There currently is a wastewater line located in the centerline of this right-of-way (see attached
sketch). This would allow the usage as an off-street parking area, but outside storage may be a
problem unless it was on pallets to cover the event the Utilities Department needed to access
the line for repairs.
Under the Florida Statutes for abandonment(s), public right-of-way abandoned is divided equally
with each half given to the owner of real property adjacent to the abandonment. The existing
40-foot street is currently owned by the city. This means that the north 20-foot would attach to
Lot 30 and the south 20-foot would attach to Lot 11. HOWEVER, both halves would be
reserved for a utility easement.
If you have any questions regarding this matter, please contact me at ext. 6488.
xc: Jeff Livergood, PE, Dir. of Public Works
Laurinda Logan, PE. Sr. Engineer
Mike Rumpf, Dir. of Planning & Zoning Division
File
S:\Engineering\Office Associates File\Kelley\04-0BO Aband Appl-NE 3 AV 05-18.04.doc
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