REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-143
TO:
Chairman and Members .
Community RedeVel~genCy Board
Michael W. Rum~
Planning and Zoning Director
THRU:
FROM:
Hanna Matras
Planner
DATE:
July 28,2005
SUBJECT:
Abandonment of a portion of S.E. 3rd Street (fka Alden Street) right-of-way, approximately 50 feet
wide and 108 feet in linear length, located south of the southern boundary of Lot 11, adjacent to
Lots 12 and 13 to the east and lots 14 and 15 to the west as shown on the plat of Central Park,
containing an area of 5,426 square feet or 0.125 acre (ABAN 05-003).
NATURE OF REQUEST
James G. Vitter of Kimley Horn and Associates, Inc., the agent for Gulfstream Lumber Company, is requesting
to abandon a portion of a dead-end segment of S.E. 3rd Street located south of S.E. 12th Avenue and west of
Federal Highway. This request was submitted on May 18, 2005.
The location map attached as Exhibit "A" shows the general vicinity of the street right-of-way to be abandoned.
The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a
detailed location of the street to be abandoned anti its legal description.
The following is a description of the zoning districts and land uses of the properties that surround the subject
request.
North -
the continuation of the right-of-way for S.E. 3rd Street, further north the right-of-way for
S.E. 1ih Avenue;
South -
the property of a proposed Uptown Lofts at Boynton Place development, designated
Mixed Use (MX) and zoned MX-L (Mixed Use-Low);
East
the property of a proposed Uptown Lofts at Boynton Place development, designated
Mixed Use (MX) and zoned MX-L (Mixed Use-Low); and
West -
the property of a proposed Uptown Lofts at Boynton Place development, designated
Mixed Use (MX) and zoned MX-L (Mixed Use-Low).
BACKGROUND
In May of 1925, the Plat of Central Park was approved. It included a 50-foot wide right-of-way for Alden Street. The
segment of the street located south of S.E. 1ih Avenue dead-ended approximately 300 feet from the S.E. 1ih
Avenue intersection. The properties located immediately south of the roadway were never platted, thereby
preventing further dedication and extension southward of S.E. 3rd street through the Central Park plat.
The segment of the right-of-way to be vacated measures approximately 108 linear feet. The properties located on
the south, east and west sides of the portion of the roadway to be abandoned constitute a part of the proposed
Page 2
Memorandum No. PZ 05-143
ABAN 05-003
Uptown Lofts at Boynton Place (aka Gulfstream Lumber) development, a mixed use project with 494 residential
units and 637,584 square feet of commercial space. The site plan for the project is being processed concurrently.
The proposed abandonment would consolidate the property and facilitate the development; specifically, the portion
of the roadway to be abandoned would be used for the recreation area as shown on the proposed site plan (see
Exhibit "C"- Uptown Lofts at Boynton Place Site Plan). All existing utilities within the S.E. 3r Street right-of-way will
be relocated to the west within the boundaries of the proposed project, along a private access road.
ANAL YSIS
Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right-
of-way 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 OEPARTMENTSIDIVISIONS
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 (Com cast)
Approval with conditions (see Exhibit "0")
No objection
No objection
Approval with conditions (see Exhibit "0")
N/A
The portion of the S.E. 3rd Street to be vacated no longer serves a public purpose. The remaining portion of the
roadway will be configured to provide access to the proposed development - one ingress only and one egress
only driveway on the west side of the right-of-way. Access to Lot 11, located to the north-east of the portion to
be vacated, will be continued via the portion of the street that is to remain in the public domain. The developer
will provide a bump-out on his property to facilitate the current resident's backout maneuvers. Lots 9 and 10
have access from S.E. 3rd Street about 60 feet from the S.E. 12th Avenue intersection and will not be impacted
by the proposed abandonment.
Water and sewer lines to lots 9, 10 and 11 will be extended to tie into the new mains.
RECOMMENDATION
Staff recommends that this request to abandon the portion of S.E. 3rd Street as described above, be approved,
as this segment of public right-of-way serves no public purpose, subject to the comments included in Exhibit "0"
- Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the
Commission will be placed in Exhibit "0" - Conditions of Approval.
xc: Central File
8:IPlanningI8HAREDlWPIPROJECT8IGulfstream LumberlUptown Lofts at Boynton PlacelABAN 05-00318tall ReportGulfstreamLumberABAN,doc
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EXHIBIT "D"
Conditions of Approval
Revised
Project name: Uptown Lofts at Boynton Place
File number: ABAN 05-003
Reference:
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
l. A title opinion (ownership and encumbrance report) on the property to be X
abandoned shall be provided prior to the second reading of the ordinance.
PRIV A TE UTILITIES
Comments:
2. Adelphia has no objections to the abandonment, but any and all costs X
resulting in the relocation of Adelphia facilities due to said abandonment
must be paid by the customer and/or requesting party.
3. Florida Power & Light has no objection to the abandonment contingent X
upon the following conditions:
a. Any removal of the existing FPL streetlights must obtain approval
from the City of Boynton Beach.
b. Easements must be provided, if needed, for all relocated facilities.
c. Any and all cost resulting in the relocation or removal of FPL
facilities due to said abandonment are paid by the customer and/or
requesting party.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
4. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
5. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton Place\ABAN 05-003\COA,doc
Johnson, Eric
From:
Sent:
To:
Cc:
Subject:
Kelley, David
Tuesday, July 26, 2005 3:28 PM
Johnson, Eric
Livergood, Jeffrey; Logan, Laurinda; Cherof, James
RE: Gulfstream Lumber Alden Road abandonment
Eric:
After reviewing the latest submitted Site Plan, we find that the developer will be rerouting the existing utilities located S.E.
3rd Street (fka Alden Street). We also did a cursory check of the legal description of the proposed abandonment, and find
it acceptable. I would suggest that any legal description to be inserted into a new ordinance reflect the correct street name
of "S.E. 3rd Street (fka Alden Street)" to align with our current records. Therefore, this Division has no objection to the
proposed street vacation as outlined on the Sketch sheets submitted by Kimley-Horn and Associates,
Dave....
-----Original Message-----
From: Kelley, David
Sent: Tuesday, July 26, 2005 9:43 AM
To: Johnson, Eric
Cc: Logan, Laurinda
Subject: RE: Gulfstream Lumber Alden Road abandonment
Eric:
There are "live" utilities in this portion of the roadway. Please provide me with a copy of the latest site plan submittal to
TARTs, including their boundary survey in order for me to evaluate whether they have accumulated additional lots in
the area and have reconfigured the proposed development plan to incorporate same. I cannot respond to your e-mail
noted below without this information,
Dave,...
-----Original Message-----
From: Johnson, Eric
Sent: Monday, July 25,20052:19 PM
To: Kelley, David
Subject: Gulfstream Lumber Alden Road abandonment
Dave,
Mr. James Vitter from Kimley-Horn & Associates submitted a request for abandonment of Alden Road (ABAN 05-
003) in conjunction with the site plan submittal for Gulfstream Lumber.
I gave a copy of the survey and legal description of the subject abandonment to Grace and she will hand deliver it
to you. You probably made comments regarding Alden Street when you (or Laurinda) reviewed the Gulfstream
Lumber site plan. But, Grace will give you a copy of the actual survey of Alden Street to be abandoned (as
submitted in Mr. Vitter's request for abandonment). Does the City of Boynton Beach have any objections to this
abandonment request? Thanks,
Eric
1
Johnson, Eric
From:
Sent:
To:
Cc:
Subject:
Kelley, David
Tuesday, July 26, 2005 9:43 AM
Johnson, Eric
Logan, Laurinda
RE: Gulfstream Lumber Alden Road abandonment
Eric:
There are "live" utilities in this portion of the roadway, Please provide me with a copy of the latest site plan submittal to
TARTs, including their boundary survey in order for me to evaluate whether they have accumulated additional lots in the
area and have reconfigured the proposed development plan to incorporate same. I cannot respond to your e-mail noted
below without this information.
Dave....
-----Original Message-----
From: Johnson, Eric
Sent: Monday, July 25,20052:19 PM
To: Kelley, David
Subject: Gulfstream Lumber Alden Road abandonment
Dave,
Mr. James Vitter from Kimley-Horn & Associates submitted a request for abandonment of Alden Road (ABAN 05-003)
in conjunction with the site plan submittal for Gulfstream Lumber.
I gave a copy of the survey and legal description of the subject abandonment to Grace and she will hand deliver it to
you. You probably made comments regarding Alden Street when you (or Laurinda) reviewed the Gulfstream Lumber
site plan. But, Grace will give you a copy of the actual survey of Alden Street to be abandoned (as submitted in Mr.
Vitter's request for abandonment). Does the City of Boynton Beach have any objections to this abandonment request?
Thanks,
Eric
1