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AGENDA DOCUMENTS .. 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 agenda reauest (with back up) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates D Au ust 3, 2004 D Au ust 17, 2004 D Se tember 7,2004 D Se tember 21 2004 [gI October , 2004 D October 19, 2004 D November 3, 2004 D November 16, 2004 Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head D Wilfred Hawkins for de artments under Administrative Services D Finance De artment for items that involve ex enditure of funds D All back u material is attached [gI All exhibits are attached & marked e. . Exhibit "A' [gI Department Head's initials: Lake Drive North ABAN 04-003 First 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: ~ h lo)vj()y ~~~' j City Manager's signature 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 REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 3, 2004 (Noon.) July 19, 2004 fZI October' 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 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 fZI Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 5, 2004 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission ~) this item n<itft fl 1 t1W at the September 21, 2004 meeting. F or further details pertaining to the request, see attache1 Department of Development Memorandum No. P Z 04-151. ~ EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: ~~i'D~~~ ~~. 'tl d-{ I "If Lake Drive North (ABAN 04-003) Rodney Regan Avon Investments, Inc. 2625 Lake Drive North Request for abandonment of the north 4.2-foot wide walk easement in Lakeside Gardens subdivision. PROGRAM IMP ACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A N/A Development Department Director City Manager's Signature Planning and Zoning Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Lake Drive North\ABAN\Agenda Item Request Lake Drive North ABAN 04-003 Pub Hearing tabled 10-5-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ... Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida ., September 21, 2004 Mayor Taylor was concerned because one of the oldest schools (1950s) in the City was Galaxy Elementary and it was in dire need of repair and renovation. Mayor Taylor had spoken to the Executive Director of the School Board and others about wanting Galaxy Elementary to be one of the earliest schools to be replaced. As it appeared now, Galaxy was #17 on the list and that was only for planning money, with a scheduled completion of 2011. Commissioner McKoy had also gone to the School Board to try to get this date moved ahead. He was in favor of tabling the item to get a person from the School Board to come and talk to the Commission so the concerns could be aired. Mayor Taylor could go along with approving this so it could get on the Referendum, but he could not promote it unless he felt a lot better about the position of Galaxy Elementary . Commissioner McCray did not feel the Commission should hold this item up, but did feel that the Commission should do something towards moving Galaxy higher on the list. Motion Commissioner McKoy approved Proposed Resolution R04-160 with a request to invite the School Board to open a dialogue with the City Commission with specific reference to Galaxy Elementary School. Commissioner Ensler seconded the motion that passed 5-0. VII. CODE COMPLIANCE &. LEGAL SElTLEMENTS: None VIII. PUBLIC HEARING: AGENDA PERMITS 7:00 P.M. OR AS SOON THEREAFTER AS THE Attorney Cherof swore in all who planned to speak during the Public Hearing. A. Project: Agent: Owner: Location: Description: Lake Drive North (ABAN 04-003) Rodney Regan Avon Investments, Inc. 2625 Lake Drive North Request for abandonment of the north 4.2' wide walk easement in Lakeside Gardens Subdivision (TABLED ON JULY 20, 2004 - TO BE HEARD ON 9-21-04) (1st READING OF PROPOSED ORDINANCE NO. 04-073) Motion Commissioner McCray moved to remove the Lake Drive North Abandonment 04-003 from the table. Commissioner McKoy seconded the motion that passed 5-0. 12 " Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Michael Rumpf, Planning and Zoning Director, reviewed the staff report for this item. The agent for Avon Investments, Inc., Rodney J. Regan, requested abandonment of the north 4.2-foot wide walk. The north walkway, an unimproved easement, measured 160.64 feet in length and was located between Lot 30 to the north and Lot 31 to the south and provided access to the Intracoastal Waterway from Lake Drive North. There were no utilities in the easement. It was originally platted to allow access to the Intracoastal by local residents. Staff contended that the walkways (the report considered the southern walkway as well) were not being maintained properly and were overgrown with grass and other vegetation. If the City retained the walkways, the City would be obligated to maintain them and possibly improve the shoreline to minimize safety hazards and liability. Staff concluded that the north walk was not ideal for public access. It was the position of staff that the walkways served no pUblic purpose and they recommended that both the north and south walkways be abandoned. Gail Easterling, AICP, Certified Planner for the City of Plantation managing the Planning &. Zoning Department, stated that she had 17 years of experience as a City Planner. Ms. Easterling believed that the City should revise its notification requirements since it only required notification of the adjacent properties and one of them was the person who would benefit by the abandonment. Ms. Easterling stated that the condition of the walkway had been very good until the time the applicant had begun clearing the land to build, shoving piles of vegetation and boulders onto the walkway. Prior to that time, it was regularly mowed and kept in good' repair. It appeared that the applicant proceeded in anticipation of this abandonment request being granted. The walk had been in continuous use for many years by the residents and affidavits were provided to staff from many residents demonstrating that. Residents built houses in the area relying on the access to the Intracoastal Waterway, a feature that enhanced property values in the area. Also, the proposed abandonment was in the CRA area and the City's own CRA had recommended denial of this request. .The south path was not at issue, in regard to staff's recommendation that it be abandoned as well. Also, many beaCh/waterway accesses were only sand paths, so the improvement of the path should not be at issue. Ms. Easterling urged the Commission not to abandon the walkway. Sherrie Easterling, 628 Dimick Road, stated that the neighborhood had done everything in its power since it found out about the request for abandonment to provide the City with proof that the walk had not been abandoned. Many updates had been given to staff along with the affidavits and she was dismayed not to see any mention of 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 that in the Staff Report. She wondered why the wishes of a developer would be put ahead of those of the long-term residents of the community who had been given the right to use this walk in perpetuity. Should the residents lose that right to give a developer four and a half more feet to build a bigger house? The residents did not believe so. Another citizen came forward and stated that she had been working with Ms. Easterling to provide the affidavits previously mentioned and she wanted to know why the Commission did not seem to have them. Attorney Cherof stated that the reason the affidavits had not been submitted to the Commission was that under quasi-judicial proceeding rules, the Commission was required to hear the testimony directly and the public is given an opportunity to cross- examine the testimony of staff or others. Staff's analysis and recommendation was not the final word. The power to make the decision of what to do about this issue was reserved to the Commission. Mike McCleary, 2600 Lake Drive North, stated that he greatly enjoyed the use of this walk as a means to relax and enjoy the view of the water. He urged the Commission not to grant the abandonment to the developer. John Pinkerton, 2510 Lake Drive North, said he had heard the Mayor say at another meeting that the City could not give away property belonging to another. He felt that that statement had meaning in this cause and he hoped that the Commission would remember it. Mayor Taylor commented that this was City-owned property and it was up to the City to decide what to do about it. Conrad Merry, 640 Dimick Road, stated that he had lived in the neighborhood for six years and had always used the walkway. He felt that without this walk, his property value would be lowered. John McCann, Dimick Road, stated that he had lived in the area since the 1980s and - raised children and grandchildren at this location. He was happy they still had a safe place to play. Public access to the waterways and beaches was disappearing at a rapid rate and he urged the Commission not to grant this abandonment that would take so much away from the public to give to one developer. Mike Mrotek, 2624 Lake Drive North, said that he expected that the letters, petitions, and affidavits provided by neighborhood residents would be shown to everybody, including the City Commission. 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Janie Miller, 2617 Lake Drive North, lived there longer than anyone else. The walk was platted in 1922 and the residents given the right to use the walk. She asked what right the developer had to take this away from the residents so he could make more money. She said the neighborhood was offended that the Commissioners would even consider this request. Mayor Taylor responded that the Commission was required to listen to a request for abandonment and that anyone had a right to ask for one. However, he did understand Ms. Miller's point of view. Michael Flood, 644 Potter Road, urged the Commission to allow the neighborhood to keep using this walkway and not grant the abandonment. Attorney Cherof explained the process for the benefit of the residents. Any individual had a right to make application for abandonment. The first time the Commission sees it or hears of it is when it comes on the Agenda. They are insulated from receiving information before the hearing because staff does not want to put the Commissioners in the position of being lobbied beforehand. The reason they do not see the affidavits is that they do not want to taint the process from that side either. The Commission hears all the evidence first hand and can make a decision based on it. When no one else came forward, Mayor Taylor closed the public audience. Mayor Taylor looked at some pictures he was given of the Intracoastal Waterway and this walkway. He realized that the developer had cleared the land in anticipation of the abandonment being granted. The neighbors reassured him that the walkway was normally kept in good repair. When he went to visit the site, it appeared that there was nowhere to walk, i.e. no beach or sand. The neighbors assured him that at low tide, there was plenty of sand to walk on. In response to Mayor Taylor's question of what the residents did in the Intracoastal that required the use of this walkway, the residents said they enjoyed the view of the water, walked on the sandbar, fished, sat by the water, snorkeled, swam, did cast netting, and generally enjoyed the beauty of it all. A discussion ensued among the Commissioners, who generally believed that a public purpose had been demonstrated. Mayor Taylor commented that continuous use since it was platted 82 years before tended to grant a right to continued ingress and egress. When the issue of reversionary rights came up in 1973, the public probably did not realize that they had to take action. He was a big believer in beach access, which was indeed fast disappearing. He could not in good conscience take this away from the people. 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Motion Commissioner McCray moved that the request for abandonment in the Lakeside Park Subdivision, ABAN 04-003, be denied. Vice Mayor Ferguson seconded the motion that passed 5-0. B. Project: Agent: Owner: Location: Edward Medical Office Building (ANEX 04-004) Hany Edward Hany Edward 3908 North Federal Highway Delray Beach (unincorporated) Request for annexation of 0.72-acre partially developed lot located in unincorporated Palm Beach County Description: Eric Johnson, Planner, reviewed the staff report for the annexation and the land use/rezoning at the same time. Mr. Johnson indicated that the CRA had approved the annexation and land use but tabled the site plan. Staff recommended approval for the annexation, and the rezoning and land use detailed in LUAR 04-008. Mayor Taylor asked the applicant if he wished to address the Commission, and he declined. City Manager Bressner asked that the status of the billboard on the property be addressed since he did not want to annex property on which a billboard would have to be grand fathered. Mr. Johnson indicated that the billboard was no longer there and that the applicant had submitted paperwork showing that the lease agreement with Viacom had been terminated. Attorney Cherof stated that he had reviewed the document of notice of termination and payment of termination fee to cancel the billboard lease that was executed. by the property owner. Commissioner Ensler asked if the owner had a right at some time to put a billboard on -the property in the future. Attorney Cherof stated that billboards were prohibited under the City's Code. If the billboard were there when the property was annexed, it would be grand fathered in. Motion Vice Mayor Ferguson moved to approve the request for annexation. Commissioner McKoy seconded the motion. 16 CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet m.yg accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODV of aaenda reauest (with back upl 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 & D/CRA Requests Deadline Clerk's Office All back u ' material is attached All exhibits are attached & marked e. . Exhibit "A' ~~1t Department Head's initials: . Lake Drive North CABAN 04- 03) Public Hearing 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:\P1anning\P1anning Templates\Agenda Item Cover Sheet Checklist - Lake Drive N..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 Form Must be Turned Meetim! Dates in to City Clerk's Office Meeting 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 Septernber7,2004 (Noon) August 16,2004 0 November 3, 2004 (Noon) October 18,2004 ~ September 21, 2004 (Noon) September 7,2004 0 November 16, 2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF 0 Consent 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 maintain this request on the September 21, 2004 City Commission Agenda under Public Hearing. The City Commission tabled this item again at its September 7,2004 meeting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-151. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Lake Drive North (ABAN 04-003) Rodney Regan Avon Investments, Inc. 2625 Lake Drive North Request for abandonment of the north 4.2-foot wide walk easement in Lakeside Gardens subdivision. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A City Manager's Signature Planning and mng Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Lake Drive North\ABAN\Agenda Item Request Lake Drive North ABAN 04-003 Pub Hearing tabled 9-2I-04.doc , S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC THRU: ",~~/bf"-'t lJEVELOPMENT DEP~;.."3 'i--""~ iM . cf ~o-~Jll~~f'-~, ~~,( "'rLANNING AND ZONING DMSIOttt-' ,~(4 /~ eCi-S fc:.>c~~ / {1.\\-G~.x 1..,1,6 v~CI tfi /v~ MEMORANDU. M NO. PZ 04.1~ V/.-I ~.;:-~~- rQsi"'e~Q .., f)'1 S / J' L.i ---'" ,.{-5..{\ if fa, {. " 1.19.;. ,~, ..'( y, . _ oF bdt'f..r ... /t'-c c~ rr -\I.--",,\,~(i~~ 1J,>'pU' ~ ~ ~.,l....(.,,,. '~7''''~ ~~ -frCJ-.ctl~<""<(./ ~~.?? ~rBnd M~rnber8,,~{'t t-.,~, :.;.~k.' ( Of' ,..(..n.1i\c.. :: is rr:.,,;L ~ ~ <>"J Community Redevelopment Agency Boa1!~=Z~:Z ~;, " .f;~. - ir.:~~ ix A' ~ MIchael W. Rumpf IL~ .~<;'f'..-{ <<;~ -I- If> ~ ~ ~ ~ . Planning and Zoning Director -)f' - Iwky 5ffP~- '-t f'..{ -"..., ~ ;.J/e. ~ts. (., j~. -rr 7b '. ,0 r ~,UQ':('fC-f" ? ..s(,) ;Yl1 '"fl d~:.e_f'\:~~{.~~ '- ~fe< 6CC<:.SS i ~ <i.- """joT u~ 7ffSWc~is ")~T' r~'r\ ~'o~t-- .; /. -r Ktd<<" _ JG-rqr."i\ ,....~~ . J<lt""~ rJ2Cyn Jl;ck",{ r!b<-.f2 Maxlme Ducoste-A. Planner FROM: DATE: June 30, 2004 SUBJECT: (~'('~~ ~~- lake Drive North .To "'" ('d-~ ~ K','~ <.Js<4/ Abandonment of the north 4.2-foot wldewalvn~i .. _ aL" i -I .,... it.- .~ 6(( (ABAN 04..(03) i/ks ------- N~EQUEST ~ ~ '1!R f;;" ut'l ;;', flCVetJ The agent for Avon Investments. Inc., Rpdnev J. Regan, Is requesting to abandon the north 4.2-foot Wldlwalk. This unimproved asement measures 160.64 feet In length an s_ oca en Lot 30 and LQt J:Ue I, -!t no provides access to the Intracoastal Wate"Yay from Lake Drive Nort . This abandonment request was sub Itted on March 26, ~004. It Is des.crfbed as ollow~.: 41 _ ",r ",~'j t"" ~ l(J~.-fl7\ 'L"'~5;.f2e, Gv-<JLe/(\s S'V (:""'$,<1-<. f '*'S "cU A ., I:.. fT<<-J2 ~ COn."e.~ The north 4.2-foot walk (easement), In LA~SIDE GARDENS, a subdivision of the Town of Z:7~~v", BOYNTON, Florida, accordIng to the Plat of said subdivision recorded In the Office of the Clerk of p ~ c. ^ ~ the Circuit Court In and for Palm Beach County, Florida, In Plat Book 8 at Page 57, located 4,f.., ~'<<"<5G.sf.-1 between Lake Drive North and the Intracoastal Waterway. lJ;f;~~-:'r. The location map attached as Exhibit "A" shows the general vicinity of the portion of the road easement to be abandoned. The attached exhibit -B"- shows the location of the proposed abandonment and Its legal description. The following Is a description of the zoning districts and land uses of the properties that sUllOund the subject . easement M'~ j_~t ~_ North.. A single-family house zoned R-1MAA, single-family residential district; _5 ,-,cbi ~<'.Jf__~i-fi,,-j 'f ~ Jt5 T: tt .,;',...:f2 South - A single-family house zoned R-1-AA, Single-family resldenUal dl~ a "^b' " i-'" J..< 'y f -'f p.;x c.u~ (K rJ ~.. 7'",__~ Intracoastal Weterway right-of-way; and "!o ~ ~;.~H( 0 ~-d'r: -I"':fr;~ Lake Dr1ve Nor1h right-of-way and far1her west a SlngleMv~ouse zon - - · 4"e,_'S Single-family residential district .zllJ r:~~~~.. e It-s J..' . U b (, :--; - ----------=--~( J<., n li'i (I ,. eif ~ ---- ,---__:.1._~_ East West - In January of 1922, the Plat of lakeside Gardens was approved (exhibit -8-1M). This subdivision Included lwo (2) avenues (Dimick Avenue and Potter Avenue), one (1) drive (Lake Drive North) dedicated to the perpetual use by the PUbllc,~ng unto the developers or 8Uccessors the right of reversion If not used as IUC" \8 8uCh this clause Is of the orlglnallntere8t party If any right of way Is abandoned. Pursuant o ~l1da Statutes Sections 17 , reversions contained In plats recorded prior to July 1, -1972 would be IldInguIshed If spec(ftc Bellon WI not ~ken to establish such rlghts on or befor8 July 1. 1973. Also . (f) j)~ , 'Memorandum No. PZ 04.151 MAN 04.()()3 indicated on the Plat are two (2) "walks', whloh provlde access to the waterft'ont With no speclfto dedloallons. The plat of lakesIde Gardens Includes avenues, drive and walks. The avenues and drive oontelned In the Plat of keslde Gardens are dedlcatad to the pUbllo, however the pIal does not Provide any speclfio reference b the IIllent and purpose of the two (2) "walks', which were Intended to provide aoosss to the Intracoastal Walelway fi'om Lake Drlve North. It should be noted that these walk easements are not being used as Intended n<r are lhey properly maIntained. Both are overgrown With grass and othervegetaUon and, fences are enoroaohlngfrom efther side of the south walk. The subject walk easement tennlnates atlhe bank of the Intracoaatal WatslWay, which at this looation Is unimproved and consists of large rooks assumed to buffer the shoreline fi'om the !fava aellon. II these walks remain, the oily Is obligated 10 maintaIn them, and possIbly Improve the shoreline to mlnlmlze safety hazards and llablllly. However, due to the limited Width of these walkways, tha limited Wldh at the water, and the unimproved shoreline, this path is not Ideal for pUblic access. The appllcanl has the IntenDon of vacating the north 4.2-loot Wide walk 10 consolidate It with the abultfng property to the south (Lots 31 and 32) In order 10 reconstruct a new slngle4&mlly house. That POrtion of the walk when abandoned will revert 10 the abutting properly owners; one-half 10 the owner to the north and one-h.lf 10 the owner to the south. Pursuant 10 Chapter 22, ArtIe/e III, BeeDon 4, publlo notice was given 10 the properly owners that abUlthe easement 10 be abandoned, all utillly companies have been notllled and the request has been advertised In the neWspaper. A summary of the responses from the utility companies and city staff Is as follows: ANAL VBIS CITY DEPARTMENTS/DIVISIONS .B ~.s~ .,e-' Q'v'- .--It- e.,k (~S h/::' , No obJection.. .. _L' ~ No objection Un I l-r-r rdv~;'.5 t.-.-(u S I . No objection WIk( t-w-<:{;{~ pr:.H~.c ~w. . (,.},' ce -fl., .&- <j~ ~ ~ r .~ re.s; 7f;'-: 7- ~k c,j,(~ fr ~ f;;Y5;~C{tf /nr-fJ~f?~ No objection ()c:; (t.-~ ~ c.l J'l"L;"~,,,,'Io- .5<-<f-.c<:.. ~t\.[) ~~ ~~j=~~ (4; d2iCj 5 f>/{;lv""t ~ ~ No objectlong:) ~ - .<A~ -:.' I ~ f;,~-s .~t' NJA -liz AZ ", " ;p ~r/<b2 41.. (',e~r RECOMMENDATION C~,..., r..a-f S4-~v-=- ~, L- 6C:( Pf"?J e. llaff recommends that thIs requesllo abandon the north 4.204'oot Wide unimproVed walk easemen~ located rnmedlately east of Lake Drive NQrth, and as dasorlbed above, be approved. ThIs reoommendaUon Is based on taft's findings thallhe unimproved walk easement serves no publlo purpose, and could pOlenUal1y creata U8rdous situations and be delrimental to the pUbllo welfare. Any cond/Uons required by the Community ledevelopment Agency Board and the City CommIssion Will be placed In Elchlbll "C" . Conditions of Approval. l: Central FDe rLs -5 !: (:'{~> 2.......cL ; "J --r4 -5 u ............-..-...-- '!eM '" '- n cJ2v~ .d.2 1~ 5 tCl1 ~ -r: I" ({.... '., I C< <'>"- "''' -Sis -iLl 4_ C"~p-{";",, J2. '-...1: ' 'J 4"(' (c .. (,Q ,,,. +.. Ie ~b.,..,J!~~~4( of rz $ovrL" 0,{!::,:'('; /4-"'1 _ 4.'~ ,. p~ 5, "{!I~ ~-d (y s, >- 4e r> t' ''':~ "" ~ "..$i. ",.. -;;':~;k e ^:, t ~ - u-hi,r, ('^~a:.S<rl:fftY4 (~~ '<5, <.0 F..c. ~ M c,(,~" . ......<..~c-~s-it--t.. .J ~Tf:". lee ~ ~'\,<-C'\~,. ~r 4 ore-So:::' cv'"....Q (.J...../Kt..A.Y!>_6... . ":,v~..2c..<--f(y n Ql., 1 ..L..... I t/. ..n r? . (... '. e.1Lfo'6\ .S<, "-", TO V, ("i~ (.... T I' "".. ~ " h- P ;'J..v~ t?-1e.. '" -C _ .' _ ,_ _ Engineering Public Works/UtilitIes Planning and Zoning PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphla) Cable Company (Comcast) . T .111I. -100.0 feet R-3 - -3 R 1-;'.A ;) ". ... LAKE DRIVE NORTH LOCATION MAP EXHIBIT "An - '. . , ~dr . .0' " ocr.", ClO' e' --.~ . '-^nfDI t.n:.:~tJ'1 . ~.. . . . . . t . .. . J .-....... . . . ~_IJ \1.' ~ ..rt . {IIf~~' .' ..\~ . . . '('\,~ .. ~.~.~ , . . . '('~. . . ; .,111 .~ ... .. ~ I , i I J . . to. .... .- v. ~ ". 3 s ~TfS :,' ~ '" S IU lU S I. . I t~. a a \.4lT ~ ",en ~" +,_ ~ ~ lr Z % D~ . 1M )~" . , (;ER't II'V T<l: I . '- ..~IJ ~'f)'\ \(,' ~"l~f) ~.\-.: '.;JJ ~'y . f\tJ. i'I' N I . 00' E \j) ".to' I I~ ~*~ --'- -~-- ~.w . & L..AKE DR I VE .NORTH ~~ - - ~ : It - I : . .. .. ... ." .. ... .;. .. taltlt . W ~1~~llt-OOT 1'I-e ~1CN6.~e N() lH: OIWilN6J,. ~,~ ~ (If'& A f'\.ORlOA ~I~ ~~ ..~l'tNiIl'll~~'J mgIVltl!'N.... m. t~li.II\'H1!t.f&~~fII'VJ! ~ IN P....~ I t..fj., 04"04-04.2 .. ", . . ., 'Lake ~ && '" J.....(4J ~ IJ W . be'nt a Bubdh"s'on 01. . ,the north 68J..fu.ot the south 983.~ It. qf both Oovt. Lot ~ In See. ;s and that,part of tho S.'\(f.~ ot the N.W~ ot Section 'K 'y.nr east 01 the D'x'e li1rhwly, all In Twp. -45,$outh . R..., a.t Palm Beach County, P'~,' . '.', 10.99 Seaboard ~s;re. .a..Stllt14, ~. R. DO~er., ChIef Bnrr,. f1!a~ COtto 137. W01"th '\...Lt"\.~U C l"l ~ . ~~'- ..E~~hr~1'i Soale I 60 It. to the In9h. Kelsey D. Purdy StUes C. HaU Owner's'&. De~elopers . .~ - F' , ~ ~i ~ . ZS tC'6 ~., ~'8 ~.9 "'0 I .: ' .' 'M "- . .......;'! .... ,~'...:.. _..::....-.,..~7-- -..... j '. ~ .J! ~ J,J .31' .:k; .!I6 .3'1 .ste .9..'J o!H .9S .96 $'1' s8 '.. "-" ~~l;~ JlJI 100 /01 V~ IOJ IOf lJos- ,,-.1.- -- -1-- I~;:r.u';")'~ [,-~lL.I-_ -1-- -.-~- I--I--I-~'f.c'<<l'--__,,_ _1-_ ./ .....1.1"'. " . .. .. . . :. . ..... _ . _ I..,.. I....... 1\ _ . !.,j,o_ ~ .i,AK~.- DIUV~ . I - ........ ....... "" ~ / ~...o I. .,.... 1..1'r.CJ"tfd:'o J - ,-' ~<, :JT.o """". ,_ II- . f'!l1.......... - '-._~ --,.. -r!i.r...-'- '-r-rlt- -1---;- . .t.; ~c_,,_____ . . r ~ .... r 11 ~ ;{-, i '" ..., L'/'Ol<l /90 '" ooy i i ~d t 'f ,.. .,. "', "1 I ! iJ 0 . ~ I I i Iii ~ 1'1 1~ ,..... ~~. 4l : ~ .U ^"",,;. ~. ; I - :: · ~ ' ,~ ~:: ;: r~ ,..~---;~ ___;tih~'_ -J ." : ' , : '." .... I ' . . ~ ".. ,~__. L""'\"__j 14 ,., ".0(6 ~t. ,.j. ,'1 1'16'" ~. ~ I . ~ ~ 4J~ 'i"~ ' . IJ"'''u .....,. ~S1 80. ".."" :,~"'I '. ' . tu"" .,.AI /'1'. I 13 ~u . , ! $0 " , ;. " ': 79 '. I . I 118 ~ I' '/.R t . . I ~I r8 1. , : 1/.9 , /I ~ .' . T 4.2 ~. 77' , : ' I I.eO. . : 'I'>'~;: ;: 'J:- ,'~ ;; < 1 .7 . , I Sf' ! TJJ ~; . . I I~ , r ..1 A ~ ~ T ;z C1' 7..?':. ~ I loeS . 1.1:<$ , \ .. - 1 ~I: Q -- h ~ ,-, of ~ I I ~ I 1(" i l\~ ~ f ~. ~~ , ,.{49' · i , ,r ~. 49 .. "" ' l I. '.1;. . l '" 'I; ; · . l '" ~6" 65 /$6 'i J li II I I L L ~:- lor- ... -. -' Ii. ~ ~ ",n 68 6'~ ~} q. {~ ' .....- . · I.. -.....,~~... ""l."'l~~ ~ ; ; ~ ~ I '118/.e...~/:JOI.!J1 '. ~. . nl~ ~l. ....".0 l~....: I-- ~-1- ... ...... _ ... " !i ~ j : : I . ~ ~ /,J,e (U~ ~ - ,. fJ>) · . . · ;- -. - I:; ,..;. "... III i . , . .~.,... 1:1;.~... r-..... ~ --' ~ Jo<. .....0. ' .,. ';;fQfl~:f'-i..J - I I I . ,. it.... ~. , f . ~ -- ~.......... .' ", a, ~ . I '- ~ - " EXHIBIT "C't ~tionsofApprov~ Project name: Lake Drive North File number' ABAN 04-003 . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Conunents: None X UTILITIES Comments: None X FIRE '. Conunents: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVlRONMENTALIST Comments: None X PLANNING AND ZONING "omtnents: None X ADDITIONAL COMMUNlTy REDEVELOPMENT AGENCY BOARD CONDmONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be detennined. 8:\PlannInglSHAREDIWPlPROJECTS\l.aI<. Orlve Norlh\A8ANICOA.doc 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 Meeting Dates in to City Clerk's Office Meeting 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 IZI 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 IZI Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please maintain this request on the September 21,2004 City Commission Agenda under Public Hearing. The City Commission tabled this item again at its September 7, 2004 meeting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-151. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Lake Drive North (ABAN 04-003) Rodney Regan Avon Investments, Inc. 2625 Lake Drive North Request for abandonment of the north 4.2-foot wide walk easement in Lakeside Gardens subdivision. PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: N/A N/A N/A City Manager's Signature Planning and omng Director City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\PROJECTS\Lake Drive North\ABAN\Agenda Item Request Lake Drive North ABAN 04-003 Pub Hearing tabled 9-21-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~EVELOPMENTDEPARTMENT ...&..ANNING AND ZONING DMSION MEMORANDUM NO. PZ 04.151 TO: Chair and Members Community Redevelopment Agency Board Michael W. Rumpf tt.~ Planning and Zoning Director Maxlme Ducoste-A. Planner THRU: FROM: DATE: SUBJECT: June 30, 2004 lake Drive North Abandonment of the north 4.2-foot wide walk easement. (ABAN 04..(03) NATURE OF REQUEST The agent for Avon Invesbnents, Inc., Rodney J. Regan, Is requesting to abandon the north 4.2-foot wide walk. This unimproved easement measures 160.64 feet In length and Is located between Lot 30 to the north and Lot 31 to the south and provides access to the Intracoastal Waterway from Lake Drive North. This abandonment request was submitted on March 26, 2004. It Is described as follows: The north 4.2-foot walk (easement), In LAKESIDE GARDENS, a subdivision of the Town of BOYNTON, Florida, according to the Plat of said subdivision recorded In the Office of the Clerk of the Circuit Court In and for Palm Beach County, Florida, In Plat Book 8 at Page 57, located between Lake Drive North and the Intracoastal Waterway. The location map attached as Exhibit "A" shows the general vicinity of the portion of the road easement to be abandoned. The attached Exhibit "8"- shows the location of the proposed abandonment and Its legal description. The following Is a deSCription of the zoning districts and land uses of the properties that sUlTOund the subject . easement. North - A single-family house zoned R-l-AA, single-family residential district; A Single-family house zoned R-l-AA, Single-family residential district; and Intracoastal Waterway right-of-way; and lake Drive North right-Of-way and farther west a Single-family house zoned R-l-AA, Single-family residential district ~ In January of 1922, the Plat of Lakeside Gardens was approved (Exhibit .B.1 If). this subdivision Included two (2) avenues (Dimick Avenue and PoUer Avenue), one (1) drive (Lake Drive North) dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion If not u8ed a8 euch. As suCh this clause Is In favor of the original Interest party If any right of way Is abandoned. Pursuant to FIorlda 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. Also South - East West - , Page 2 Memorandum No. PZ 04-151 ABAN 04-003 indicated on the Plat are two (2) "walks", which provide access to the waterfront with no specific dedications. The plat of Lakeside Gardens includes avenues, drive and walks. The avenues and drive contained in the Plat of Lakeside Gardens are dedicated to the public, however the plat does not provide any specific reference to the intent and purpose of the two (2) "walks", which were intended to provide access to the Intracoastal Waterway from Lake Drive North. It should be noted that these walk easements are not being used as intended nor are they properly maintained. Both are overgrown with grass and other vegetation and, fences are encroaching from either side of the south walk. The subject walk easement terminates at the bank of the Intracoastal Waterway, which at this location is unimproved and consists of large rocks assumed to buffer the shoreline from the wave action. If these walks remain, the city is obligated to maintain them, and possibly improve the shoreline to minimize safety hazards and liability. However, due to the limited width of these walkways, the limited width at the water, and the unimproved shoreline, this path is not ideal for public access. The applicant has the intention of vacating the north 4.2-foot wide walk to consolidate it with the abutting property to the south (Lots 31 and 32) in order to reconstruct a new single-family house. That portion of the walk when abandoned will revert to the abutting property owners; one-half to the owner to the north and one-half to the owner to the south. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection No objection No objection No objection N/A RECOMMENDATION Staff recommends that this request to abandon the north 4.2-foot wide unimproved walk easement, located immediately east of Lake Drive North, and as described above, be approved. This recommendation is based on staff's findings that the unimproved walk easement serves no public purpose, and could potentially create hazardous situations and be detrimental to the public welfare. Any conditions required by the Community Redevelopment Agency Board and the City Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:IPlanningISHAREDlWPIPROJECTSllake Drive NorthlABANIStaff Report.doc ... 1 In. -100.0 feet R-3 -3 R 1-;,.A .. LAKE DRIVE NORTH LOCATION MAP EXHIBIT "An - .... . . ~d~ . AO' ~ 00"4' 'oo'e . . . ~~I.I ,I.'~....rt . 't'f ~ C"'. .' .\~ ... . '(\.... ~t~.~. , . . '(,~. . . ~ . '-^nfO, f.,~~l:r1 '. . . ~ . .. '.~ .,1e '@ ... .. fi e f , r i I J w .r liP. "'\ : V. ~ ". ~ s ~lffj>' ~ '" S lU lU S '. ,I t.. a s \.(IT AkeI. ".'''' ~ I'T +1_ ~ ~ lJ' Z ~ U~IPA )).l" . . csrr,f'V TO: I ... of f-~~ ~lll' \ . \1-'(, . ~ "I~t ~Ill . fIf"ll.O N' '~'E \J) ....to. I I~ ~.. ~.,~ ~ . !.,,~ L.AKE DR I VENORTH ,I . . tellelt . NOT V~IP 'ITH:l\.IT Ttf;: "1(NA~f At() TH:: DRI61NAL. ~Ic;,ep ~ OF A R.ORIOA l,.I~ WIM:'(()R NC W, a:. ~ARY ~UfM:Y ~ ~J'~~ (~.~'1fr~~'J ~IVltl.DN.(Jf . 1W~t~~I82'~H~"ll~!n'!'fdN~ ~ IH 4-02-04 :1 '-20' ~ "'11' tGH.e, ~ 1 ve~AL.. '!JtJRVeV I N6I ~~Tft.6, I NCi . ~i"ICATe OP ~am~ a.o '404 OPf'~~=~JL~' ti..~'~ 11..'1., 04"04"04.2 . " . a...(A a.& '" 1...(4.1 J VI......;. .\.J...t-\~U C 1 '"" ~ be'n,. a Bubdh"sJon of , the nor:th 683.-4 Il.ot the south ,,8a.~ ft. qf both Qovt. Lot ;II '11 Sec. 's and that, part of the s.m~ ot the N.W~ of Section ,~ lyIng- east of the DIxIe Highway, all In Twp. 045 ,South ' R. 43 B., Palm Beach County, P'l\. . ',. 10.99 . Seaboard ~Q':r. ASfillh., ;P. R. :ao~r&, ChIef Bnrr" fI~a~ Cett. '3'1. W014th Soale, 60 ft. to the In~h. 'Lake , .......t-- - .... 1"" ~ ~ to i , ~~.;. 8: "': ~ -",,,,o~_ 11I.oo''"''''''- ~ z, ~ " Kelsey D. Purdy Stiles C. HaU Owner's'&, De,:e'opers 4-::~~~.'-._,..A.,:'! ~ ."::"'j, . ---- ....... -":'I--""o'r-~' " . iU t?6' il!1' ~'8 .eS.!10 JI U JJ , - I... - t- - '" - "t'l"~ HI... t-- . L..GlI ..!.i\() /4 I. , -4S .. ).f .IJ~ .,...1": l. I ;JJlO'V olf'''tC 4.:9 /3 _: . I $0 --' 'M' t. . I ~I , . , I s.e II I ~ t 10 I. , I S.:J ,,- --1. . I . ~ .. .9 , .. 4''11 8 l t ~ ;$"5 .~ -"'1/1I , . 1--1- to. - - I- -1-- I- - f.c1Ui- - - -L!- ... ,---."., ~.G to "M 80 . ~~oo :1":."'" . . .' 7~' . . .' t.\ . , r8 I. I 77 I '. '1 . 76 I, I '-- 7~' : ' 7"'7- ~ . " "E8' '. ~;'t, , ~ l4 ' '.. . ;. , , . -1-- . ~J.O -, ; I ; t " ',....... ..... . ~,6'. ' ~ -- EXHIBIT" C" Conditions of Approv~l Project name: Lake Drive North File number: ABAN 04-003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Genenl Comments: None X PUBLIC WORKS- Traffic Conunents: None X UTILITIES Comments: None X J.l'IRE " Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Conunents: None X PARKs AND RECREATION Conunents: None X FORESTERlENVlRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDmONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be detennined. 8:\PlannIngISHAREOIWPIPROJECTSIllll<e OrlYe Nol1hIABANICOAdoc 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 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 & D/CRA Requests Deadline Commission Meeting Clerk's Office Dates Au ust 3 2004 Au ust 17 2004 Se tember 7 2004 Se tember 21 2004 October 5 2004 October 19 2004 November 3 2004 November 16 2004 Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. . Exhibit "A' ~~- Department Head's initials: f\.~.Y:-f!I( Lake Drive North CABAN ~bliC Hearing 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 0 Other 0 Reason: ~ City Manager's signature D Person contacted to pick up rejected request by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover Sheet Checklist - Lake Drive N..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 Form Must be Turned Meeting Dates in to City Clerk's Office Meeting 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 ~ 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 ~ Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the September 7,2004 City Commission Agenda under Public Hearing. The City Commission previously tabled this item to the September 7,2004 meeting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-151. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Lake Drive North (ABAN 04-003) Rodney Regan Avon Investments, Inc. 2625 Lake Drive North Request for abandonment of the north 4.2-foot wide walk easement in Lakeside Gardens subdivision. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A irector City Manager's Signature ~ Planning and Zoning . ector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS e Drive North\ABAN\Agenda Item Request Lake Drive North ABAN 04-003 1st reading 9-7..Q4.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC iEVELOPMENT DEPARTMENT ,..,(ANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04.151 TO: Chair and Members Community Redevelopment Agency Board Michael W. Rumpf f\-~ Planning and Zoning Director Maxlme Ducoste-A. Planner THRU: FROM: DATE: SUBJECT: June 30, 2004 lake Drive North Abandonment of the north 4.2-foot wide walk easement. (ABAN 04-003) NATURE OF REQUEST The agent for Avon Investments, Inc., Rodney J. Regan, is requesting to abandon the north 4.2-foot wide walk. this unimproved easement measures 160.64 feet in length and is located between Lot 30 to the north and Lot 31 to the south and provides access to the Intracoastal Waterway from Lake Drive North. This abandonment request was submitted on March 26, 2004. It Is described as follows: The north 4.2-foot walk (easement), In LAKESIDE GARDENS, a subdivision of the Town of BOYNTON, Florida, according to the Plat of said subdivision recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 8 at Page 57, located between Lake Drive North and the Intracoastal Waterway. The location map attached as Exhibit "A" shows the general vicinity of the portion of the road easement to be abandoned. The attached Exhibit "B"- shows the location ofthe proposed abandonment and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject . easement. North - A Single-family house zoned R-l-AA, single-family residential district; South - A single-family house zoned R-l-AA, Single-family residential district; and East Intracoastal Waterway right-of-way; and - West - Lake Drive North right-Of-way and farther west a Single-family house zoned R-l-AA, Single-family residential district BACKGROUND In January of 1922, the Plat of Lakeside Gardens was approved (Exhibit "B-i"). This subdivision Included two (2) avenues (Dimick Avenue and Potter Avenue), one (1) drive (Lake Drive North) dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion If not used as 8uch. As such this clause Is In favor of the original Interest party If any right of way Is abandoned. Pursuant to Florida Statutes Sections 117.085, reversions contained In plats recorded prior to July 1, 1972 would be extinguished If speclflc action were not taken to establish such rights on or before July 1, 1973. Also . "II" " Memorandum No. PZ 04-151 ABAN 04-003 Indicated on the Plat are two (2) e'walks", which provide access to the waterfront with no specific dedications. The plat of Lakeside Gardens Includes avenues, drive and walks. The avenues and drive contained In the Plat of Lakeside Gardens are dedicated to the public, however the plat does not provide any specific reference to the Intent and purpose of the two (2) "walks", which were Intended to provide access to the Intracoastel Waterway from Lake Drive North. It should be noted that these walk easements are not being used as Intended nor are they property malntelned. Both are overgrown with gress and other vegetation and, fences are encroachlngfrom either side of the south walk. The sUbject walk easement tennlnates at the bank of the Intracoastal WatelWay, which at this location is unimproved and consists of large rocks assumed to buffer the shoreline from the wave action. If these walks remain, the city is obligated to maintain them, and possibly Improve the shoreline to minimize safety hazards and liability. However, due to the limited width of these walkways, the limited width at the water, and the unimproved shoreline, this path is not Ideal for public access. The applicant has the Intention of vacating the north 4.2-foot wide walk to consolidate It with the abulllng property to the south (Lots 31 and 32) In order to reconstruct a new slng/e~famlly house. That portion of the walk when abandoned will revert to the abutting property owners; one-half to the Owner to the north and one-half to the owner to the south. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, pUblic notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised In the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Worl<s/Utilitles Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and light Bell South Florida Public Utilities Company Cable Company (Ade/phla) Cable Company (Comcast) No objection No objection No objection No objection N/A RECOMMENDATION staff recommends that this request to abandon the north 4.2-100t wide unimproved walk easement, located Immediately east of La ke Drive N()rth, and as described above, be approved. This recommandation Is based on staffs findings that the unimproved walk easement selVes no public purpose, and could potentially create hazardous situations and be detrimental to the public welfare. Any conditions required by the Community Redevelopment Agency Board and the City Commission will be placed In Exhibit 'C" _ Conditions of Approval. xc: Central File 8:\P1ennlng\sHARED\WPlPROJECTSlLake DrIve NorthlABAN\Slalf Report.doc ... 1 In. '" 100.0 feet R-3 -3 - R 1.i'A LAKE DRIVE NORTH LOCATION MAP EXHIBIT "A" , . .... ~.J~ J' , 00'4(, 'oo'e .~~ L..^~"Dr ~ts'1 IMI lll>: tlte . . . .,,(, . ."'" , :k.<# . ,\to"'.... .~..Ii , t.l.~... I ' ~,~,,'I'" . 'f~:t~ . ~ .. ... .. ~ e J , r ~. j r ! '@ L.OtiA T I a.I MAt" ., : 'r ~ ". S S ~1mJt<' <:l '" '" ~ lU IJ ~ ~ a l4f AkeI. .. 'n ~ I'T ./_ ~ a ~ z z DtPll' . R.<<1l>A ~~" ' . GfRTlfV TO: f.,1> <)1&' \ . \1-,11 . ~ ..,..& ~l" . ~..,/7J N ' '(lIO'E \1) 4.tO' I I~ ~.. ~.,~~ . ,...~ L.AKE DR I VENORlH II . I ;.. .; ~. .... ,. " 7. NOT V4LIP YITt-t:l\JT 1l-e ~1~T\..lRE ,6N) TH: OR161/'W... !Uo,Ic;ep c;fAL OF A R.ORIOA ...IGEtf.:@ WRVEY~ 1<<:) toW" ER. eot..WA~ ~UfNEY 1tl~J'~(mr)~'1r~~'J mgIVI~I.ON ,or ;w'~t~mf~~~~lgx.orN~~O: ~rfA&'~~ ~ IN 4-02-04 ,I · -20' . tUMY PA'te1 -.ei ......\ ~ 1 L.fj., ~ I ve~AL.. ~IM:Y I Nfi ~~T6.fJ, I Nt;. *,ip.liATe Of' Alth<<~~~ a.e ''to<t 04"04-04.2 OfFlce~.L~"'~Jf,~ ~. &...(.1..- ... '" L..(4J IV I...( '\.J..t\.~u C I ~ ~ being' a subdivision of , ,the nor:th 683.... h. of the south 9Ba.~ ft.. qf both Oovt. Lot ;:t 'n See. '5 and that.part ot the s.m~ 0' the N.\v.~ at Section IS lying' east of the Dixie H1thway, all 'n 1wp....5 ..south . R. 43 B.. Palm Beach County, F',\. . " 19.29 Seaboard E>.ng:r. ASfih:1'f P. R . BO"""","ers. Chief BOg-f,. ' fI~a~ Cert. '31. E8r~;,; . . _ . .\ "/';f . ~. . .~. I . . I 'I _;if-~' --J .1---. L.J'Oa\O_-J' ~. --. I I . f ~ . I I I " ~""'-' ~~'l ' ~~-- Soale t do ft. to the '"~h. . Lake Kelsey D. Purdy Stiles C. 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I < ~ " ~ ~ ~ EXHIBIT "e" Conditions of Approval Project name: Lake Drive North File number: ABAN 04-003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDmONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: I. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments; 1. To be determined. S.lPlannlngISHAREDIWPIPROJECTSlLake Drive NorthIABANICOA.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 aqenda request (with back up) 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 a D/CRA Requests Deadline Commission Meeting Clerk's Office Dates D Au ust 3 2004 Au ust 17 2004 Se tember 7 2004 Se tember 21 2004 D October 5 2004 D October 19 2004 D November 3 2004 D November 16 2004 All back u material is attached All exhibits are attached & marked e. . Exhibit "A' Department Head's initials: J4b-J Lake Drive North (ABAN 04-003) Please do not write in the shaded area below. Legal Department signature D ITEM RETURNED ~ ~ D bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc 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 Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 3, 2004 (Noon.) July 19,2004 0 October 5, 2004 (Noon) September 20, 2004 [g1 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 I, 2004 0 Administrative D Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM [g1 Public Hearing 0 Legal 0 Bids D UnfInished Business 0 Announcement D Presentation 0 City Manager's Report RECOMMENDATION: Please maintain this request on the August 17,2004 City Commission Agenda under Public Hearing as tabled to September 7,2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-151. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Lake Drive North (ABAN 04-003) Rodney Regan Avon Investments, Inc. 2625 Lake Drive North Request for abandonment of the north 4.2-foot wide walk easement in Lakeside Gardens subdivision. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Development p e Director City Manager's Signature ~~g ! ~cto, City Attorney / Finance / Humm Reso",ces S:\Planning\SHARED\WP\PROJECTS\Lake Drive North\ABAN\Agenda Item Request Lake Drive North ABAN 04-003 1st reading 8-17.04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC )EVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-151 TO: Chair and Members Community Redevelopment Agency Board Michael W. Rumpf ~~. Planning and Zoning Director THRU: FROM: Maxlme Ducoste-A. Planner DATE: SUBJECT: June 30, 2004 Lake Drive North Abandonment of the north 4.2-foot wide walk easement. (ABAN 04-003) NATURE OF REQUEST The agent for Avon Investments, Inc., Rodney J. Regan, is requesting to abandon the north 4.2-foot wide walk. this unimproved easement measures 160.64 feet in length and is located between Lot 30 to the north and Lot 31 to the south and provides access to the Intracoastal Waterway from Lake Drive North. This abandonment request was submitted on March 26, 2004. It is described as follows: The north 4.2-foot walk (easement), in LAKESIDE GARDENS, a subdivision of the Town of BOYNTON, Florida, according to the Plat of said subdivision recorded in the Office ofthe Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 8 at Page 57, located between Lake Drive North and the Intracoastal Waterway. The location map attached as Exhibit "A" shows the general vicinity of the portion of the road easement to be abandoned. The attached Exhibit "8"- shows the location ofthe proposed abandonment and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject . easement. North - A Single-family house zoned R-l-AA, Single-family residential district; South - A single-family house zoned R-l-AA, single-family residential district; and East Intracoastal Waterway right-of-way; and West - Lake Drive North right-of-way and farther west a Single-family house zoned R-l-M, Single-family residential district BACKGROUND In January of 1922, the Plat of Lakeside Gardens was approved (Exhibit "B-1"). This subdivision included two (2) avenues (Dimick Avenue and Potter Avenue), one (1) drive (Lake Drive North) dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion If not used as such. As such this clause Is in favor of the original Interest party If any right of way is abandoned. Pursuant to Florida Statutes Sections 117.085, reversions contained In plats recorded prior to July 1, 1972 would be extinguished If speclflc action were not taken to establish such rights on or before July 1, 1973. Also Page 2 Memorandum No. PZ 04-151 A8AN 04-003 Indicated on the Plat are two (2) "walks", which provide access to the waterfront with no specific dedications. The plat of Lakeside Gardens includes avenues, drive and walks. The avenues and drive contained in the Plat of Lakeside Gardens are dedicated to the public, however the plat does not provide any specific reference to the Intent and purpose of the two (2) ''walks'', which were intended to provide access to the Intracoastal Waterway from Lake Drive North. It should be noted that these walk easements are not being used as intended nor are they properly maintained. Both are overgrown with grass and other vegetation and, fences are encroaching from either side of the south walk. The subject walk easement terminates at the bank of the Intracoastal Waterway, which at this location is unimproved and consists of large rocks assumed to buffer the shoreline from the wave action. If these walks remain, the city is obligated to maintain them, and possibly improve the shoreline to minimize safety hazards and liability. However, due to the limited width of these walkways, the limited width at the water, and the unimproved shoreline, this path is not ideal for public access. The applicant has the intention of vacating the north 4.2-foot wide walk to consolidate it with the abutting property to the south (Lots 31 and 32) in order to reconstruct a new single-family house. That portion of the walk when abandoned will revert to the abutting property owners; one-half to the owner to the north and one-half to the owner to the south. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, pUblic notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and light Bell South Florida Public Utilities Company Cable Company (Ade/phia) Cable Company (Com cast) No objection No objection No objection No objection N/A RECOMMENDATION Staff recommends that this request to abandon the north 4.2-foot wide unimproved walk easement, located Immediately east of Lake Drive North, and as described above, be approved. This recommendation is based on staffs findings that the unimproved walk easement selVes no public pUrpose, and could potentially create hazardous situations and be detrimental to the public welfare. Any conditions required by the Community Redevelopment Agency Board and the City Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:\PlannlngISHAREO\WPlPROJECTSI18ke Olive North\ABAN\Slaff Report.doc ~ 1 In. = 100.0 feet R-3 -3 -. ~;;;i< \ l~~/~. ( R 1- A LAKE DRIVE NORTH LOCATION MAP EXHIBIT "A" V'",,! WOIm-l ~ R:fAY .. to' ~ 00'1' 'oo'e .~ 1)1/.11(:1:; lQ>; "'Il! " . \..~CJ I~ :\' ~t.,..~ ~,~' , 1)),;1 , , ' , ~,(, ~., , \'If :~, # r f,." i-l' .r lll>. .. I w i J ~ a ! i: i r '~ LXA 'r l~ MAr ,T,c;, , .. 1 Q- ~ S S ~ '" OI!AII-IA.t5e~:, '. , '" ~ ~ ,., 16. 'II 01/'016t. ~ ~ ~ '"l"~ '" llI>>f (; UJ IU loW' :, )c),I'IISt.., a a LOT AkeA '.'~ ~ I'T '1_ a a b ~ a- Z Z fl:ll!'flnY ~: l-N<e t>tl:, V!! Wtmi flO"l'NT\:lN fleAGH, ~1l>A ,~" .. GEI:T I fY TO: I .. .;. ~~OONP UTI~ITI ~~TB> e<GeI'TA' , t. ~~~ JSr~, ~ft.ll~ M6.~ Of' T1.. IW O'tl<< ,. a.e't'ATICllf!'Me'NATIClfW- ~IC; gGN.. ~A 01" 11t1. . ... ~ ~ Ttt:! WE'>T 1I:1W'~1""" 'ff co OD'~~~. IV!!. ~ T~ ~ ,. ~ON~ "" ~ Nc7J'eI). ~: ~ ~~mtm:=: t.f6fN) : he. :.~ ~.:~ m : tti'.!tir.~lt'( ?~~t : ~tt ~ lI.e'-'l/1'_~11!I< ~.r.: I T If Toltl ' . .... ~ dHl' ~"': ..:: . m1j,.. f-'U ,,' , ~I" ~'u ~<;.. Ib' \ V" ~~.;c N I 'OO'E VJ 4.2.0' I I~ ~ ~.,~ (I- , ,.,,:~ti..AKE DR I VENORll-i I ~ ' " NOT VAl-IP WITt-t>\.JT 11-E ~1fNA.T\.JRf ,6W 11-E OR161NAL. RAIc;Ep t;EAL.. OF A f'I..ORlOA L.I~ ~0Il: ,6W MA/" EIi:. OOl.WA~ ~LJRVEY . ne I'a1li 4.2' WALK (eA~nl.!LI..A\cBIPe~. A ~IVI~Ic:lN OF n-e TOlIN Of" ~ fl.ORIPA ~INel TO Ttt: f"L.AT Of" ~IP " '~~c)~~R~~~rMl8f.O)N~~O: n.er~'~~ ~ IN ~ ,,' 4-02.-04 tlIlNeY M'lel ,I · "ZO' w.ui ri.e;.,'~ I t...E" ~ IJ'J I VE~AL.. ~lJlM:Y I N6 ~Y?TEM;, IN(;. GERTiplc:ATe Of AlJ'I'H:)RIZATIct.l tu.eeR a.o ''104 tG~ .... 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I. 1,6..:0'" . ~ ~ --:r..".~lft"- -- - I ~ z ~ " EXHIBIT "e" Conditions of Approval Project name: Lake Drive North File number: ABAN 04-003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Conunents: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING .. Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Coilditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I Comments: 1. None I X I ADDITIONAL CITY COMMISSION CONDITIONS COlmnents: I I I 1. To be determined. I S:\Planmng\SHARED\WP\PROJECTS\Lake Drive North\ABAN\COAdoc 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 aGenda request (with back up) 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. Deadline for Submittal to City P &. D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Re uest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. . Exhibit "A' ~~ Department Head's initials: / Lake Drive North CABAN 04- 3) ~ ~ Please do not write in the shaded area below. on (Date) by bg - 7/19/02 S:\Planning\Planning TemplateS\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc 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 Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office IZI August 3, 2004 (Noon.) July 19, 2004 D October 5, 2004 (Noon) September 20, 2004 D August 17, 2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18,2004 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 IZI Public Hearing D Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the August 3,2004 City Commission Agenda under Public Hearing. The City Commission postponed this request from the July 20, 2004 meeting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-151. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Lake Drive North (ABAN 04-003) Rodney Regan Avon Investments, Inc. 2625 Lake Drive North Request for abandonment of the north 4.2-foot wide walk easement in Lakeside Gardens subdivision. PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Dev City Manager's Signature lINe- Planning and Zoning ctor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\La Drive North\ABAN\Agenda Item Request Lake Drive North ABAN 04-003 1st reading 8-3-04.doc S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04.151 TO: Chair and Members Community Redevelopment Agency Board Michael W. Rumpf t\.~ Planning and Zoning Director THRU: FROM: Maxime Ducoste-A. Planner DATE: SUBJECT: June 30, 2004 Lake Drive North Abandonment of the north 4.2-foot wide walk easement. (A BAN 04-003) NATURE OF REQUEST The agent for Avon Investments, Inc., Rodney J. Regan, is requesting to abandon the north 4.2-foot wide walk. This unimproved easement measures 160.64 feet in length and is located between Lot 30 to the north and Lot 31 to the south and provides access to the Intracoastal Waterway from Lake Drive North. This abandonment request was submitted on March 26, 2004. It is described as follows: The north 4.2-foot walk (easement), in LAKESIDE GARDENS, a subdivision of the Town of BOYNTON, Florida, according to the Plat of said subdivision recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 8 at Page 57, located between Lake Drive North and the Intracoastal Waterway. The location map attached as Exhibit "A" shows the general vicinity of the portion of the road easement to be abandoned. The attached Exhibit "B"- shows the location ofthe proposed abandonment and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject easement. North - A single-family house zoned R-1-M, Single-family residential district; A Single-family house zoned R-l-M, single-family residential district; and South - East Intracoastal Waterway right-of-way; and West - Lake Drive North right-Of-way and farther west a single-family house zoned R-1-M, Single-family residential district BACKGROUND In January of 1922, the Plat of Lakeside Gardens was approved (Exhibit "B-1"). This subdivision included two (2) avenues (Dimick Avenue and Potter Avenue), one (1) drive (Lake Drive North) dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion if not used as such. As such this clause is in favor of the original interest party if any right of way is abandoned. Pursuant to 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. Also Page 2 Memorandum No. PZ 04-151 ABAN 04-003 indicated on the Plat are two (2) ''walks", which provide access to the waterfront with no specific dedications. The plat of Lakeside Gardens includes avenues, drive and walks. The avenues and drive contained in the Plat of lakeside Gardens are dedicated to the public, however the plat does not provide any specific reference to the intent and purpose of the two (2) "walks", which were intended to provide access to the Intracoastal WatelWay from lake Drive North. It should be noted that these walk easements are not being used as intended nor are they properly maintained. Both are overgrown with grass and other vegetation and, fences are encroaching from either side of the south walk. The subject walk easement terminates at the bank of the Intracoastal Waterway, which at this location is unimproved and consists of large rocks assumed to buffer the shoreline from the wave action. If these walks remain, the city is obligated to maintain them, and possibly improve the shoreline to minimize safety hazards and liability. However, due to the limited width of these walkways, the limited width at the water, and the unimproved shoreline, this path is not ideal for public access. The applicant has the intention of vacating the north 4.2-foot wide walk to consolidate it with the abutting property to the south (lots 31 and 32) in order to reconstruct a new single-family house. That portion of the walk when abandoned will revert to the abutting property owners; one-half to the owner to the north and one-half to the owner to the south. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection No objection No objection No objection N/A RECOMMENDATION Staff recommends that this request to abandon the north 4.2-foot wide unimproved walk easement, located Immediately east of lake Drive North, and as described above, be approved. This recommendation is based on staffs findings that the unimproved walk easement serves no public purpose, and could potentially create hazardous situations and be detrimental to the public welfare. Any conditions required by the Community Redevelopment Agency Board and the City Commission will be placed in Exhibit "c" - Conditions of Approval. xc: Central File S:\PlannlngISHARED\WPlPROJECTSlLake Drive North\ABANlStaff Report.doc + 1 In. = 100.0 feet -3 ...... : ~.()~~' '\(( ((9\ " .. /' 1 R-3 R 1- A LAKE DRIVE NORTH LOCATION MAP EXHIBIT "A" v WOIO'H II. .WAY ....10. '!) 00'",' '00'1:' .~~ ~ITe PIM'''' Rl>.. " . \i-t/J . 'I '-:D tc!e. ~... ~',," ,'f..:t, " . ~,(J t'\ ,1 ..ol\ ~.,~... , ~.li \ .' I i: J Rl>. .. .. a I w ~ ~ " " ,. '~ a..oc;A T t (IN MAP . T.C; . .. ". V. " ~ ~ s () ..... 0ItA1~ NOTe:, '. , ..... "-DOO 21.1N1!. A:1 liS. 'II ()If/J()/61. . ~ ~ ~~Ne. NO. I U1 '" (Il>>t c; W lU · ~ 10, 1'161.. ' a a LOT AleA '. ", ~ l'T _I- S S t:l ~ lIT Z 2 ~0I"flr1Y~: . l.Al<e P<< I VI!! K?lmf DO"IN'hlN eeAGH. """ I 1M ~~" .. (;fRf I FY TO: I NOTe: I. ~~OIJN) UTI""TI~ ~ NOT I.<<;ATJ:P e<<:erT M~. t. ne ~ ? tt:mlN 'Ilft! ~ ~~~~~Il{eM'~~ and !l1...1~"*,, (If'~, ,. c.eIIATI(lJ6 ~ Mt.TIClfW. tiealeTI' 1. . m~ ~"ite weT r./W"'I~ :- Of) OO.~f!C!r.r::r.Ivr:. ~ ~ CIr.Ar. :: ~a.~~~~. 7. ~ ~ exl!lTINli LOT ~. 1.e6IHI. hc.. :'~ ~.:~ ~ : ~>>rr.~'iiy ?~~ :mw=~ u.e. "'UT1t'Jio,n u~r. :=l~ '. r.~~,..: ~..lPL.l'OiI~tlr " irmi'~ -~ ;.. .; f..,1J 0'\ "II. 1o,1J ~,Ii "IIO'~ ~.;tJ> N ' 'OO'E \JJ 4. 20 . I I~ ~ ~.,~~ , ..,,~ L.AKE DR I VE .NORTH I~ ' NOT VAl-IP WI'MllJT ni: C;16N6.T\.lRE Al'D ni: 0Fe161NAL. RAI<;EP <;fAL. OF A F\..ORIOA L.ICEI'6ED ~0Il: Al'D MAP ER. ' . OOlWARY ~LJRVEY ne ~ "l.t. WALK (EA'e.emf.!~LN::elpe 6ARPf11&. A ~IVI~I().t OF ne TOWN Of" ~ rt.<<IPA MMIIWIN5 TO ne I"t.AT Of" ,.10 " ''!II.eOIV''I().t R~ IN ne (rii,Cie 01" M (;I.8IC Of" M C;IRWIT """" IN AN> ... P'AI.N ceAQ-t CiOlMY. "-<< IPA. IN I"\.AT DOOK e AT ,.~ ". ~ 4-02.-04 tIJIt\ter PATe, I · -to' tt.tU:i ...~.~ 11..'1.. .~ ~ I VE~AL. t;lJRVEY I N6 ~~TB.fJ, IN(;. U!n'IPICATe OF' ~IZATIDN tueeR L& 'CIO-t t'u a.AICI!' Pre I'Ve N:lInH eoYNTDN eeACH PL.t:IRIDA ,,..,, , Office: HI -7"-()f,1 "AX: HI -7"-OW 04-04-042 LAKb~JUE GARDENS 'Ee' ,: tir-~, . _ /' ;f L:..::! . being a subdll'lslon of . the nor:th 68J.4 ft. ot the south 983.~ ft.. f?f bo.th Oovt. Lot ;3 , n Sec. '5 and that.part ot the S.w:~ o( the N.W~ of Seetlon IS lying east of the Dixie Highway, all In 1\vp. 45 .,south . R. 43 B., Palm Beach County, Fla. . . 199D Seaboard ~gr. AS$J:1., P. H. Bovv-ers. ChIef Engr., . F~a~ eert. 131. Soate I 00 ft. to the In<;h. Kelsey D. Purdy Stiles C. Hall Owners'&, D~elopers . Lake Worth .,.... -~t-- , - '---r-- , ~r~r~: ~ .. .~..:.. -'""'t-"""'r-0:-~~ .'~, t- \) " .. ~ .~ . -... f~'- ~~ - j ,g9 100 101 /OG /03 104 ios . ~ ZS ~6 ~ 7 ~'8 R.3.30 J I s.e .::J.:I 31' .:1$ .3(j 37 .9..e 83 3-fI 35 96 g'7 .98 '-11. $.0 0# , I , , . ~. .-?'-~..::- · _n. L-"OaO-_Jl \ ~. -:;.. I I I I j ~I ~ I I '. . _"d.4<"c ,16 8e I' I . I' I. /.5 8/. ~ "J~ ~r'''' t . ""'0 s~At 10' I 118 . . I /1.9 . I I 120 , , I /.?I . _. ~- : . I .so .' I ..51 , I se -, I , I .53 , ~. .5~ ~ .$'5 I Sf' IOJ 78 I. ./te.... 78 II I.' 77 I. ,,- I 10 76 .9 I' ~ . l ~ . 6 I, .;J"',n I ' - r'S:O 3$.0 .. ~I ~ ~ 1:- ..' i ~II ~ R.,).., :s~ , ~ ~ I ~ ~ I - ;0-0 I '" ~.- -. (,,:-'.!--"" ... . ~ nl~le loe;!! 8 /23 .7 l;i!<<f " oj ~.... 1 p 11 ~iI -, , ~.I ~ ..'AO t 1.':>' .1 .. -~ /;:5 ~ ~ ~ ""p".. ~. N N.~, 0 i .".. ~.~.o. ' .~ " ~ - ~..~.ft. I ~" ...p' ~ '... ", . ~1 ~ ~ --:r-ftiw-b.-~ -- I -~ z ~ '. EXHIBIT "e" Conditions of Approval Project name: Lake Drive North File number: ABAN 04-003 I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S.\Plannmg\SHAREO\WP\PROJECTS\Lake Dnve North\ABAN\COA.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 ar;.enda reauest (with back up) 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 [gI Au ust 3 2004 D Au ust 17 2004 D Se tember 7 2004 D Se tember 21 2004 D October 5 2004 October 19 2004 D November 3 2004 November 16 2004 All back u material is attached All exhibits are attached & marked e. . Exhibit "A' Department Head's initials: ~ Lake Drive North CABAN 04-003) Public Hearing Please do not write in the shaded area below. Legal Department signature 0 ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) misslngD Incomplete submittal 0 Missed deadline. 0 Other 0 Reason: [gI [gI City Manager's signature o 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 REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 7, 2004 March 15,2004 (Noon.) 0 June I, 2004 May 17, 2004 (Noon) 0 April 20, 2004 April 5, 2004 (Noon) 0 June 15,2004 May 31,2004 (Noon) 0 May 4, 2004 April 19, 2004 (Noon) 0 July 6, 2004 June 14,2004 (Noon) 0 May 18,2004 May 3, 2004 (Noon) l2J July 20, 2004 July 5, 2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda l2J Public Hearing 0 Code compliancelLegal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20,2004 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be denied, to allow for continued public access to the waterfront via the subject walkway. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-151. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Lake Drive North (ABAN 04-003) Rodney Regan Avon Investments, Inc. 2625 Lake Drive North Request for abandonment of the north 4.2-foot wide walk easement in Lakeside Gardens subdivision. PROGRAM IMPACT: N/A flSCALIMPACT: N/A ALTERNATIVES: N/A DevelOP~ City Manager's Signatuie ';U)1~ Planning and Zo Drrector CIty Attorney / Fmance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Lake Drive North\ABAN\Agenda Item Request Lake Drive North ABAN 04-003 7-20-04.dot S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04.151 TO: Chair and Members Community Redevelopment Agency Board Michael W. Rumpf i'-~ Planning and Zoning Director THRU: FROM: Maxime Ducoste-A. Planner DATE: SUBJECT: June 30, 2004 Lake Drive North Abandonment of the north 4.2-foot wide walk easement. (ABAN 04-003) NATURE OF REQUEST The agent for Avon Investments, Inc., Rodney J. Regan, is requesting to abandon the north 4.2-foot wide walk. This unimproved easement measures 160.64 feet in length and is located between Lot 30 to the north and Lot 31 to the south and provides access to the Intracoastal Waterway from Lake Drive North. This abandonment request was submitted on March 26, 2004. It is described as follows: The north 4.2-foot walk (easement), in LAKESIDE GARDENS, a subdivision of the Town of BOYNTON, Florida, according to the Plat of said subdivision recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 8 at Page 57, located between Lake Drive North and the Intracoastal Waterway. The location map attached as Exhibit "A" shows the general vicinity of the portion of the road easement to be abandoned. The attached Exhibit "B"- shows the location ofthe proposed abandonment and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject easement. North - A Single-family house zoned R-l-AA, single-family residential district; South - A Single-family house zoned R-l-AA, single-family residential district; and East Intracoastal Waterway right-of-way; and West - Lake Drive North right-of-way and farther west a single-family house zoned R-l-AA, single-family residential district BACKGROUND In January of 1922, the Plat of Lakeside Gardens was approved (Exhibit "B-1"). This subdivision included two (2) avenues (Dimick Avenue and Potter Avenue), one (1) drive (Lake Drive North) dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion if not used as such. As such this clause is in favor of the original interest party if any right of way is abandoned. Pursuant to 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. Also Page 2 Memorandum No. PZ 04-151 ABAN 04-003 indicated on the Plat are two (2) ''walks'', which provide access to the waterfront with no specific dedications. The plat of Lakeside Gardens includes avenues, drive and walks. The avenues and drive contained in the Plat of Lakeside Gardens are dedicated to the public, however the plat does not provide any specific reference to the intent and purpose of the two (2) "walks", which were intended to provide access to the Intracoastal Waterway from Lake Drive North. It should be noted that these walk easements are not being used as intended nor are they properly maintained. Both are overgrown with grass and other vegetation and, fences are encroaching from either side of the south walk. The subject walk easement terminates at the bank of the Intracoastal Waterway, which at this location is unimproved and consists of large rocks assumed to buffer the shoreline from the wave action. If these walks remain, the city is obligated to maintain them, and possibly improve the shoreline to minimize safety hazards and liability. However, due to the limited width of these walkways, the limited width at the water, and the unimproved shoreline, this path is not ideal for public access. The applicant has the intention of vacating the north 4.2-foot wide walk to consolidate it with the abutting property to the south (Lots 31 and 32) in order to reconstruct a new single-family house. That portion of the walk when abandoned will revert to the abutting property owners; one-half to the owner to the north and one-half to the owner to the south. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Corn east) No objection No objection No objection No objection N/A RECOMMENDATION Staff recommends that this request to abandon the north 4.2-foot wide unimproved walk easement, located immediately east of Lake Drive North, and as described above, be approved. This recommendation is based on staffs findings that the unimproved walk easement serves no public purpose, and could potentially create hazardous situations and be detrimental to the public welfare. Any conditions required by the Community Redevelopment Agency Board and the City Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:\plannlngISHAREDIWPlPROJECTSILake Drive NorthlABANlStaff Report.doc ,. 1 in. = 100.0 feet R-3 -3 R 1- A .~....~ C((, , Y'" LAKE DRIVE NORTH LOCATION MAP EXHIBIT "A" I- WOIm-l 'I. .~AY ".to' '!> OO'''''OO'E . ...'" ~~~~. I ' "~;t , , ' . . ,..,,, ~It, ,1,' .-~ " ~. "I're I>tMlc:K Ill); '" ~ :i I ~ i ~ .. oi .~ ! % I 1'0TTI:Il: Ill). ~TIGN MAP' . T.o; . '"' ~ ;,. ,.. .- ~ C) ,.. C) '" 0ltA11WIe NI:I1e:. . . . '" "-CQ) ZtH!. A1 Ie.. ~I (JIl1'J()1M. . ~ ~ ~TY""AN:L. Na. I ZQ '" ClClO4 G W IJ WI' I~: ~ 'J(), I '1M. . 8 a l.OT AReA ..'~ ~ I'T -1- 8 8 b ~ 0- Z Z ~0I'eIrN ~: lA:I! PR tVl!! NOIrnf IlOYNTON eeAGH. ~IPA ,"'" ~IFY TO: 4-Q2-04 ~M1\!!' 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IN I'LAT DOOK e AT "Me ". ., ~'&" ~ Il,EI'. ,~ J..t+.II VE~AL. t;t.IRVEY I Nfl ~Y?TEM;, INc.. ~nIPICATe (Jf' Al1I1<<IZATICH N.t.eB L.O 'CI&1 un L.AICe'DRIW N:lImi COVNTCH eeAQoI "-<<IDA ,,..,, ' Office: '" -7"-04,1 flAX: ~ -7"--ocI06 04-04-042 LAKBSIDE GARDENS Ee,,--r ,~~. - . /' J !:...::1 being a subdivision of _ the north 68J.4 ft. of the south 983.~ ft.. of both Govt. Lot ~ In Sec. '5 and that_part ot the S.'\v.~ o( the N.\Y.~ of Section IS lying east of the Dixie Highway, all In Twp. 45 -South R. 43 B., Palm Beach County, Fla. . t9SiJ2 Seaboard Bngr. Ass:n.., P. R. Bo"-'V'ers, Chief Engr., ~Ia. Cert. '37. Scale a 60 ft. to the Inch. -Lake ".. --r-- - .. t' & .. ., _A- >:se 1 Kelsey D. Purdy Stiles C. Hall Owners -& D~elopeTs Worth ; rT" -~.".-, I TT~':- . : t ~ t- ~ ~ oc /0;$ /CH lios '~I":" --'-"- ~- -- .......~ _. "". ,.. 25 ~6 ~7 ~'8 Z3 30 oJ/ J.e .3:J :H ;$5 3637 s.e 83 H 3596 97 9S 99100/01 Mil io': :. . - -- - 1-- - lte"'NL r--t--- "'s.o 1"'':0' . . . . . 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I I /16 80 . .7~OO :-r/."I \. , tu,u ~,.~ //7 .so 79 //8 . I . I I I . I' I. I' I ',' I, I lei . I , I I -51 78 1/.9 s,e 77 /,eo . j ~ ~ . I , S.iJ 76 ~- ~ 7!>' I. , ~- SJ/ /.22 > ~ . 5 /Z.:J 2. ~I : ~:5 74 ~'f' Ii; . > I /~ ! 7.:J ~ c;) ~ ~ .l1'.~.c. ~ z I ~ - R.R. . ".. I.. ~"1' -r..)..kr-~ - ~ EXHIBIT "e" Conditions of Approval Project name: Lake Drive North File number: ABAN 04-003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Plannlng\SHARED\WP\PROJECTS\Lake Dnve North\ABAN\COA.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 CODY of aaenda 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. Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. . Exhibit "A' Department Head's initials: \k..~ [8] [8] Lake Drive North CABAN 04-003) Please do not write in the shaded area below. legal Department signature 0 City Manager's Signature o ITEM RETURNED FOR THE FOllOWING REASON(S): Signature(s) mi$sing 0 Incomplete submittal D. Missed deadJine 0 Other 0 Reason: Person contacted to pick up rejected request by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover Checklist April 6 - July 20, 2004.doc on (Date)