LEGAL APPROVAL
Return to: (enclose self-addressed stamped envelope)
1111I Ilia III ~ IHllllg IIIIIIII
.
Name
AGojress:
CFN 2012)(=>1,21:322564
,. ,: ~., C; ~ OR B K 21.2) 4 11 P G 1202
,~\- RECORDED 05/3112006 16:51:17
Pal. Beach County, Florida
, '~:2: ( ~ Sharon R. Bock,ClERK & COKPTROllER
Pgs 1202 - 1207; (6pgs)
1 ORDINANCE NO. 06- 04 b
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT
5 OF A PORTION OF AN UNIMPROVED ALLEY
6 LOCATED BETWEEN NORTHEAST 5TH AVENUE
7 AND NORTHEAST 6TH AVENUE EXTENDING
8 APPROXIMATELY 150 FEET WEST FROM
9 NORTHEAST 3RD STREET, SUBJECT TO STAFF
10 COMMENTS; AUTHORIZING THE CITY MANAGER
11 TO EXECUTE A DISCLAIMER, WHICH SHALL BE
12 RECORDED WITH THIS ORDINANCE IN THE
13 PUBLIC RECORDS OF PALM BEACH COUNTY,
14 FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, Mary Ann Monnin, is requesting the abandonment of a portion of the 10
18 foot alley located between Northeast 5th Avenue and Northeast 6th Avenue, extending
19 approximately 150 feet west of Northeast 3rd Street, lying adjacent to Lots 68, 69 and 72-75, all
20 in the PIal of Arden Park, subject to staff comments; and
21
22 WHEREAS, comments have been solicited from the appropriate City Departments, and
23 public hearings have been held before the City's Community Redevelopment Agency, and the
24 City Commission on the proposed abandonment; and
25
26 WHEREAS, staff has determined that the subject right-of-way no longer serves a public
27 purpose as a right-of-way and with the conversion to a 10 foot wide utility easement, it will
28 adequately serve the utility providers and therefore recommends approval subject to staff
29 comments.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
33
34 Section 1. The foregoing Whereas clauses are true and correct and incorporated
35 herein by this reference.
36
37 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
38 abandon a portion of the 10 foot alley located between Northeast 5th A venue and Northeast 6th
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North by the South line of Lots 73, 74, 74A, and 75, bounded on the
South by the North line of lots 68, 69 and 72, bounded on the West by the
West limits of said Plat of Arden Park and on the east by the West Right-
of-Way line ofNE 3rd Street.
Subject to a utility easement over same.
A location map is attached hereto as Exhibit "A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4. This Ordinance shall take effect immediately upon passage.
FIRST READING this .J,.t/l day of -llt ~ ' 2006.
SECOND, FINAL READING AND PASSAGE THIS 1''lltJ..y of ~,
2006.
CITY OF BOYNTON BEACH, FLORIDA
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Monnin Alley Abandonment Exhibit A I(~ 'hi
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DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach,
Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon
a portion of the 10 foot alley located between Northeast 5th Avenue and Northeast 6th
Avenue, extending approximately 150 feet west of Northeast 3rd Street, lying adjacent to Lots
68, 69 and 72-75, all in the Plat of Arden Park, subject to staff comments, and more
particularly described as follows:
That portion of a platted 10 foot wide alley shown on the Plat of Arden
Park, according to the Plat thereot: recorded in Plat Book 2, Page 96 ofthe
Public Records of Palm Beach County, Florida. Being bounded on the
North by the South line of Lots 73, 74, 74A, and 75, bounded on the
South by the North line of lots 68, 69 and 72, bounded on the West by the
West limits of said Plat of Arden Park and on the east by the West Right-
Of-Way line ofNE 3rd Street
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this ~"k,
daYOf~, 2006.
ATTEST: FLORIDA
-1J~{l~-4df Ku
f)' City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
Florida, known to me to be the persons described in and who executed the foregoing
'instrument, and acknowledged the execution thereof to be their free hand and deed as
, isuch officers, for the uses and purposes mentioned therein; that they affixed thereto the
['official seal of said corporation; and that said instrument is the act and deed of said
Ii.
, !corporatlOn.
S:\CA 10rdinanceslAbandonmentslMonnin,doc
WITNESS my hand and official seal in the said State and County this ~ ~ay of
,2006.
m~
.
, /iot"flL11' VALORIE MOATS
f C[~'; MY COMMISSION' DO 346198
, ~t., . . EXPIRES: Septenter 17, 2008
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S:ICAIOrdi nanceslAbandonmentslMonnin ,doc
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NOTARY PUBLIC, State of Florida
My Commission Expires:
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Prepared by and return to:
T.J, Corbin
Law Clerk
Ocean City Title Company, Inc.
88 Northeast Fifth Avenue
Delray Beach, FL 33~
561-819-0464 \
File Number: ~~")
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This Warranty Deed'~adej1i'i6i1st day of December, 200S between Paper Roll Products of Florida, Inc., a Florida
corporation whose post offi~~~S is 617 NE 3rd Street, Boynton Beach, FL 33435, grantor, and Mary Ann Monnin,
a married woman whose pos(~~]o\ddress is lIS4S Old Ocean Blvd #D, Boynton Beach, FL 33435, grantee:
_.._.f'
(Whenever used herein the terms "grantor" an9-~ptee" include all the parties to this instrument and the heirs, legal representatives. and IlSsigns of
individuals, and the successors and lISSigns ~~~ions, trusts and trustees)
Witnesseth, that said grantor, for ~(~"'ppsideration of the sum ofTEN AND NO/lOO DOLLARS ($10,00) and other
good and valuable considerations to sailif~"grai)t~ hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the sii~ee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Palm Beach Cotirity, Florida to-wit:
Lots 71 and 72, ARDEN PARK S~~ION, according to the Plat thereof on file in the Office of
the Clerk of the Circuit Court in and:.Bir Palm Beach County, Florida, recorded in Plat Book 2, Page
96. /7..:::.
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Parcel Identification Number: 08-43....5.2}.:.~~710
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Together with all the tenements, hereditaments and appurt~~eleto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever. \;:::';!':~":~~~\"
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And the grantor hereby covenants with said grantee that the grai\ip?'~MfuIlY seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said l;uf(tlt#the grantor hereby fully warrants the title to said
land and will defend the same ~gainst the lawful claims of all pe~~~ver; and that said land is free of all
encumbrances, except taxes accrumg subsequent to December 31, 2005., r /. /~
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In Witness Whereof, grantor has hereunto set grantor's hand and seal the~l~,:ear first above written,
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CFN 200::.0782631
OR BK 19707 PG 1162
RECORDED 12/2212005 17:04:42
Pal. Beech CountYt Florida
AItT 530, 000. 00
Doc Sta_p 3.710.00
Sharon R. BocktCLERK l COJtPTROLLER
Pgs 1162 - 1163; (2pgs)
[Space Above This Line For Recording Data]
Warranty Deed
DoubleTlmlN>
Book19707/Page1162
Page 1 of 2
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Signed, sealed and delivered in our presence:
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The foregoing instrument was acK~d before me this 21st day of December, 2005 by Mary C. Johnson, President of
Paper Roll Products of Florida, Inc.; ~F1o~ corporation, on behalf of the corporation. He/she U is personally known to
me or [Xl has produced a driver's Iice~~;ddimtification, ~ 'V1' J ;J
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[Notary Seal] t""'::-.,C;\ No Pub IC
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Page 2 of 2
The City of BoyntO'lt Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
December 12,2006
Mr. George Brewer
Brewer Architecture, Inc.
85 SE 4th Avenue
Delray Beach, FL 33483
RE:
File No.:
Location:
Denmar Building
NWSP 06-024
617 NE 3rd Street
Dear Mr. Brewer:
Enclosed is the Development Order granted by the City Commission on December 5,2006. The site plan approval is valid
for eighteen (18) months from the date of final approval (pending approval of Ordinance 06-097). In order to maintain vested
status, a building permit must be secured or an extension requested prior to expiration.
To continue this project through the development process, please revise relevant pages of your approved site plan to
incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must
accompany the submission of the fully amended site plan set. The person managing your permit applications should be made
aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with
your permit package.
The Building Division is committed to speedy and efficient completion of the building permit process for your project.
However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce
unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary
documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be
returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TART
member for additional clarification of comments.
Imoortant: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval,
please contact our staff for a review before submitting a permit package to the Building Division.
A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be
submitted to the Building Department along with the first permit request to avoid any delays in the processing of your
permit.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260.
~~C?~t-
~l\v. Rumpf
Director of Planning & Zoning
Enc.
Cc: Mary Ann Monnin -11545 Old Ocean Blvd., Unit D, Boynton Beach, FL 33435
S:\Planning\SHARED\WP\PROJECTS\Denmar Bldg (fka Boynton Retail)\NWSP 06-024\Approval Letter.doc
DEVELOPME~RDER OF THE CITY COMMISS.......A OF THE
CITY OF BOYNTON BEACH, FLORIDA
Develop..ent
paz
Building
Englneerlnl
Oce. Lice"" a"
Deputy City CI... .
PROJECT NAME:
APPLICANT:
Denmar Building
Mary Ann Monnin
APPLICANT'S AGENT:
George Brewer, Brewer Architecture, Inc.
AGENT'S ADDRESS:
85 SE 4th Ave, Delray Beach, FL 33483
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
December 5, 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a 3,433 square foot
commercial building on a 0.34-acre parcel in the General Commercial
(C-4) zoning district.
LOCATION OF PROPERTY: 617 NE 3rd Street (see Exhibit "A" - Location Map)
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
DATED:
1.
Application for the relief sought was made by the Applicant i ffl(frnr ~.. n~ls
the requirements of the City's Land Development Regulatio D - U
The Appli<?3nt J~J I ~ ':: 8 81
K-HAS I ,\
HAS NOT I . '-- I
DEPARTMENT OF DEVElOPMI.Nl I
I
established by substantial competent evidence a basis for the relief requested.
2.
~
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The App~sant's application for relief is hereby
A- GRANTED subject to the conditions referenced in paragraph 3 hereof.
_ DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
6.
7.
Other
J2,-f ~&
~~
S:IPJanningISHARED\WPlPROJECfS\NE 3" StINWSP\OO.doc
C
EXHIBIT "C" - CONDITIONS OF APPROVAL
New Site Plan
Project name: Denmar Building
File number: NWSP 06-024
Reference: 2nd review plans identified as a New Site Plan with an October 17. 2006 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS -Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments:
'l!l.JIfF, t'l/.
1. All ulility easements and utility lines shall be shown on the landscape plans X
so that we may determine which appurtenances, trees or shrubbery may
interfere with utilities. In general, palm trees will be the only tree species
allowed within utility easements. Canopy trees may be planted outside of the
easement so that roots and branches will not impact those utilities within the
easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section
18.1 gives public utilities the authority to remove any trees that interfere with
utility services, either in utility easements or public rights-of-way.
2. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.sj. residual pressure as stated in the LDR, Chapter 6, Article N, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b)).
3. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
4. This office will not require surety for installati~n of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
CONDITIONS OF APPROVAL
DENMAR BUILDING
NWSP 06-024
PAGE 2
DEPARTMENTS INCLUDE REJECT
5. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
6. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates) and will be
reviewed at the time of construction permit application.
ENGINEERING DIVISION
Comments:
7. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
8. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory Review
Team (TART) process does not ensure that additional comments may not be
generated by the Commission and at permit review.
9. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 will be required and reviewed at the
time of permitting.
10. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
CONDITIONS OF APPROVAL
DENMARBUlLDING
NWSP 06-024
PAGE 3
DEPARTMENTS INCLUDE REJECT
11. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
12. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
13. Add to the building that is depicted on the drawing titled site plan and floor X
plan a labeled symbol that identifies the location of the handicap-accessible
entrance doors to each tenant space. 2004 FBC, Sections 11-4.1.2, 11-4.1.3,
and 11-4.3.
14. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
. The design professional-of-record for the project shall add the following text
to the site data. "The proposed finish floor elevation _. _ NGVD is
above the highest 100-year base flood elevation applicable to the building
site, as determined by the SFWMD's surface water management construction
development regulations."
. From the FIRM map, identify in the site data the title of the flood zone that
the building is located within. Where applicable, specify the base flood
elevation. If there is no base flood elevation, indicate that on the plans.
15. Add to the submittal a partial elevation view drawing of the proposed X
perimeter fence. Identify the type of fence material and the type of material
that supports the fence, including the typical distance between supports. Also,
provide a typical section view drawing of the fence that includes the depth
that the fence supports are below finish grade and the height that the fence is
above fmish grade. The location and height of the fence shall comply with the
fence regulations specified in the Zoning Code.
16. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are readily
available.
17. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the permit
shall be submitted at the time of permit application, F.S. 373.216.
18. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time ofbuildinJ;?; permit application:
CONDITIONS OF APPROVAL
DENMAR BUILDING
NWSP 06-024
PAGE 4
DEPARTMENTS INCLUDE REJECT
. The full name of the project as it appears on the Development Order and the
Commission-approved site plan.
. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article n, Sections 26-34)
19. At time of permit review, submit separate surveys of each lot, parcel, or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel, or tract. The recorded
deed shall be submitted at time of permit review.
20. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
21. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The addressing plan
shall be approved by the United States Post Office, the City of Boynton
Beach Fire Department, the City's GIS Division, and the Palm Beach County
Emergency 911.
. Palm Beach County Planning, Zoning & Building Division, 100 Australian
Avenue, West Palm Beach, Florida (Sean McDonald - 561-233-5013)
. United States Post Office, Boynton Beach (Michelle Bullard - 561-734-0872)
22. Drinking fountains are required in each bay per the 2004 FBC, Plumbing, X
Table 403.1. Drinking fountains shall be handicap accessible.
23. This is a mixed occupancy building. Occupancy separation shall be required X
per 2004 FBC, Table 302.3.2, Footnote #B.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
CONDITIONS OF APPROVAL
DENMAR BUILDING
NWSP 06-024
PAGE 5
DEPARTMENTS INCLUDE REJECT
24. Revise building elevations to include colors and materials proposed for X
building walls, trim, roof, awmngs, garage doors, etc. with paint
manufacturer, name color of paint and paint code (i.e. Sherwin Williams
"Ivoire SW 6127") .
COMMUNITY REDEVELOPMENT AGENCY STAFF COMMENTS
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Comments:
None X
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
To be determined.
MWRJkz
S:\Planning\SHARED\WP\PROJECTS\NE 3rd Street \NWSP 06-024\COA.doc
Exhibh;"' "A" - Denmar Building
Location Map
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