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REVIEW COMMENTS DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-164 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: August 22,2005 SUBJECT: Abandonment of portions of the following rights-of-ways abutting the Arches of Boynton Beach development that are improved with sidewalks. SE 2nd Avenue, Ocean Avenue, South Federal Highway and SE 4th Street. (ABAN 05-006) NATURE OF REQUEST The agent for Boynton Ventures 1llC, Bonnie Miskel, Esq., is requesting to abandon the sidewalk portions of the following rights-of-ways abutting the Arches of Boynton Beach development: SE 2nd Avenue, Ocean Avenue, South Federal Highway and SE 4th Street. This request to abandon was submitted on June 22,2005. The location map attached as Exhibit "A" shows the general vicinity of the rights-of-way (sidewalks) to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the sidewalks to be abandoned and their legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); South - Right-of-way for Southeast 2nd Avenue and farther south are developed properties zoned Community Commercial (C-3); East Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD; and West - Right-of-way for Southeast 4th Street and the FEC Railroad and still farther west are developed commercial properties zoned CBD. BACKGROUND In July of 1898, the Plat of Original Town of Boynton subdivision was approved, depicting streets and alleys to be dedicated for the perpetual use by the public. Public sidewalks were designed into the right-of-way of these platted streets. In June of 2003, Boynton Ventures 1 llC received site plan approval for Arches project. The original plans did not propose the abandonment of any sidewalks. Since that time, the applicant has gained control over all of the properties bounded by the four streets mentioned above, made application for abandonment of the remaining portion of an alley (ABAN 05-005, which is under consideration along with this request), made application for abandonment of SE 15t Avenue (ABAN 05-004, which is also under consideration along with this request) and Page 2 Memorandum No. PZ 05-164 ABAN 05-006 submitted for a Major Site Plan Modification (MSPM 05-008) incorporating these and other changes to the approved site plan (see Exhibit "0"- ARCHES Site Plan). According to the applicant, "The requested vacation of the sidewalks will allow the redevelopment effort to include widening of the pedestrian amenities with plazas, covered arcades and expanded pedestrianways. These pedestrian-oriented facilities could not otherwise be improved within the public right-of-way". The applicant goes on to say, "The requested vacation will not prevent other property owners from access to and from their property, will not restrict pedestrian access along the subject roadways, and will not adversely impact other properties". ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners within 400 feet of the right-of-way to be abandoned and the requisite signs posted on the property. The applicant's agent has submitted an affidavit acknowledging compliance with the aforementioned regulations. 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 DEPARTMENTSIDIVISIONS Engineering! Public Worksl Utilities - Planning and Zoning Recommendation to Denv Recommendation to Denv Engineering states that, "Attempting to create any partial roadway abandonment such as these would set an extremely bad precedent for the City, and be difficult to justify." Planning and Zoning is additionally concerned over the requested abandonment setting precedent. One of the reasons for requesting the abandonment, as verbally communicated by the applicant's agent, is to increase the size of the parcel in order to accommodate additional dwelling units on the site. Staff believes as many as 20 additional dwelling units could be constructed as the result of these sidewalk abandonments. The applicant has submitted a site plan depicting 378 units, which would be reduced to approximately 358 dwelling units if the sidewalk abandonments are not approved. Planning and Zoning staff disagrees with the applicant's assertion that the abandonment of the sidewalks facilitate the "widening of the pedestrian amenities with plazas, covered arcades and expanded pedestrianways". Staff, as a condition of approval in the Major Site Plan Modification being processed with these abandonments, required that sidewalks, plazas and pavered spaces be Hollandstone pavers, of a red! charcoal color mix by Paver Systems Inc. or equal, laid in a 45 degree herringbone pattern to continue the design elements in place in the City streetscape. By utilizing these pavers, the public area flows into the private area seamlessly, providing the appearance of "wide pedestrian amenities", alleviating a need for the sidewalk abandonments. Additionally, staff has taken into consideration, in its review and recommendation of abandonment requests, whether the right-of-way (street, alley, sidewalk, etc.) continues to serve the public purpose for which it was originally intended. Staff finds that public sidewalks at the periphery of a project and along three (3) City streets does serve a public purpose. Staff has conveyed our viewpoint in this matter to the applicant's agent, who has indicated that they would be willing to grant the City an easement back for sidewalk purposes. The simple fact that the applicant would grant the City an easement for sidewalk purposes underscores staff's position that the right-of- way for the sidewalk is necessary and continues to serve a public purpose. Since public rights-of-way can be improved by a developer through an agreement with the City in lieu of the abandonment process, it would appear as though the underlying purpose for the sidewalk abandonment requests is to increase the number of developable residential units on the property. Again, this could set a precedent for future projects to maximize the number of buildable units through the use of property dedicated for public purposes. Page 3 Memorandum No. PZ 05-164 ABAN 05-006 PUBLIC UTILITY COMPANIES Florida Power and Light BellSouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Com cast) No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") No objection wi conditions (see Exhibit "E") NIA RECOMMENDATION Staff has determined that the subject rights-of-ways continue to serve the public purpose for which they were intended, and therefore is recommending denial of the request to abandon the sidewalk portion of the streets described above. Should the Community Redevelopment Agency Board support, and the Commission approve the request, any conditions associated therewith will be placed in Exhibit "E" - Conditions of Approval. xc: Central File S:\Planning\SHAREDlWP\PROJECTSlArchesIABAN 05-006\5lall report.doc Exhibit 'A' - Location Map 100 200 400 600 800 I Feet ..' 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'1 ;m~ I I I , 1 I 1 I I , I --t- , ;1 ~ I ~ I 1 .~ f' i i i i i i i i i i i 1 -,,-" iii ! . ...J u.. .. lR .r:. o CO .. 0) =(0 c o ....... c ~ o (0 c ~. 0.., L.. , 0' o U:: "0: c:1 :J: 0' ....1 C)! I cl CO' -I 0-1 0) ....... en en 0) .r:. o L../ <C' 0) .r:. I- . EXHIBIT C ~ , ~~ I. ~~!~i 'b:t;~~t ~ "'~!5~ I\.""lfl::t- ~~~~ ~~ ~ 8b\J ~ CI- ~ ~ :;: _J _ - I- I 2>1V7 I~ O..t.l3'W7Vd - ...= ~~.j EJ EJ B ~ · ~~~>Rffi~ I~ "~~BEJ E8D~ttjtij :~BI, ~~bId-L~ . ~ ' N7;d ~, ~ :~I . . . ,\j ,,~ "I Cl "> q ~ ~ . . , I ~ UJ; : ~Jt0ln: A~3:~ [fj: " ~ ill !:! , <ilo ... ... ... lrs'" ... , ..... I , .L S" -~\ - .LS i II \Is "1 ~I " , .' < ~ I I- ~I "J I I ~ ~ S '\ .. . ~ a ~~ K. \J \~ ~ '\~~ ~ ~ "'.~. ~ q'l;~- ~ ~ ~~. l , l- V) -LS ~- ~ . I ~ i-~_ ;1 3N/d ~f ' \'j , i~ ~\, e~:if -v~W~: ~ ~ "" ., HI' 1, l~; ':; 1\ j'& ;~ l<:l, s:: il i'd,:. : ~a! ~ It l t f ~ t -e I . ~r 1~(~ Wh kif :;l:~ {~hci . 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'", ;.iA "r, ii;~ ~9 c:;: ~"ij I 'f ' ~~ r<> I ! ~r.: ;~ I R, !",t';~'I' ~'I ~ . ~ -; t:I ~' g nl ~ ,l\1 r- I '" ' o I ! ~ 81 ~ '0',,', :< ~:':11 c::: C.I Ii '" ~,"u .:t: '~r, II! ~~ I ~ ~ ~~ I !~ ~t,~ ~. ~ ~ ~ ~ ~, 'Q ~ r.f, ::( ~ ~. ~ !" ~ ~ ~ tJ ::t: I ~ I "'~~~ I , I I ~3~ : , ~ ' t 1 I; 1 EXHIBIT D " "'f ! , I SC , st A VCHIIC ". .~...... _..~- (40' 1IIGHr-or-II'AY) . '1 ! I I I I I I n' 1_ SE '.-' I'Iii% . (>0'_ . i , I I I I (~I I '.' I ,I, "1 . '1, , . '..1 . 'ii'i'':' !::l~~ !::~~ .~ - I i.. THE ARCHES AT BOYNTON BEACH J : SKETCH Of' DESCRIPTION !! r ORIGINAL TOWN or BOYNTON SECIION 2l1, lOlINSHI' 45 SOUIH. IWlGt 43 EAST SE 2nd AVENUE (~. R/GHT-or-II'AY) S88'J1:Y.5'F J13.2J" n:~i.'! ':" ....///;-/>....> N18'59:?7'W I I I I I . "",//',~ //'."'-;-.,': ,".< , --- ," 1"09.58' . \ ';'/' I ! ,{-'\ , ,j)/ I rt , I <\-' . ~ I t"l'- 1!1 '....'~/,.,./.,..' .'~"'//,.'_/. N8B'S9".27'W JJ6.'8.J. ' "r'~!tr~' QC;EA/'!u A VENUE (~. 1IIGHr-or-WAY) '" o {; " .~ <:> ~ Cl -u "- J> ' ~~ ~ !'~ ~ ~}~,~;,: !~", \ '1 I I I I I '.' " '. ".r,' ! III1 DnA SHAH 1- : lr lr lr : ~~~~:?S = It e I _ MItlL NO. IIIJ4 ~ uc. NO. LI 145. ~ 541. ... -.. __ bl. ...... _ n. S3Of4 PMr .l5A-NS-t4JI . rAlr MA-7aJ-.QS.l (.., III III III III III 11,[, IIf III, ,~, 11f. ,. , [':>;'~) ; ,(1 (.1" r' , Idf-' 'j)' ,'C, . :;t:' ,.( "."( (l,",';-f' I I;: I I I! pl I I , I ') I (-1 1 ; I I I I I .1 ! '1 0 I " "} I ~~ ~ I I IJJ I I Q I ~ d I '" ! , r : ? I '~~!I . !:r!>> (;'6;0. .. . ..~ ~"I '-' ,~ fl~l ~ ~~ t,~ r-i ~~ ~'i\ ~f i' I I I 1 I .~~ I ~ ~~ : ~ i'" I ~ '!"I I "i ~ l!! ~ I ~I~ ... . ~!Ct1 : ~ I!~~~i v, ~ 'l:l~1 ::,~ I ~5il1 :i~ ~!lI1 ; I~I !!l~1 "';l: g~1 ~ , I " NBi51;7* _" I ~'~ ,~ , I I I j ,//,.,',' I . Iry~ d' ~I j:ll!:j e:~ '~I ..\ I I I I I 1! ~'~,!( ~ ~ ~ .1""'.' I I , I I I ,~ i' i~ :f .. I l' " . EXHIBIT D LAND DESCRIPTION RIGHT OF WAY VACATION ARCHES AT BOYNTON BEACH PORTIONS OF SOUTHEAST 4TH STREET, SOUTHEAST 2ND AVENUE, OCEAN AVENUE AND FEDERAL HIGHWAY (U.S. HIGHWAY NO.1, STATE ROAD NO.5, LYING ADJACENT TO BLOCKS 7 AND 12, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BLOCK 12, ORIGINAL TOWN OF BOYNTON (REVISED PLAT), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE 18 OF SAID PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 7; THENCE SOUTH 00"02'09" WEST ALONG THE WEST LINE OF SAID BLOCK 12, A DISTANCE OF 312.55 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 69"00'03" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 16.19 FEET, A CENTRAL ANGLE OF 49"54'09", AN ARC DISTANCE OF 14.10 FEET; THENCE SOUTH 88"31'35" EAST, 313.23 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 00"45'40" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 90"43'31", AN ARC DISTANCE OF 38.00 FEET; THENCE NORTH 00.02'09" EAST, 553.77 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 89.57'51" EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 55"41'02", AN ARC DISTANCE OF 23.33 FEET; THENCE NORTH 88.59'27" WEST, 336.83 FEET; THENCE SOUTH 00.02'09" WEST, 8.63 FEET; , THENCE SOUTH 88"59'27" EAST, 340.01 FEET; THENCE SOUTH 00.02'09" WEST, 551.90 FEET TO THE BEGINNING OF A TANGENT CURVE SHEET 1 OF 3 SHEETS EXHIBIT D CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90-58'24", AN ARC DISTANCE OF 39.69 FEET TO A POINT ON THE SOUTH LINE OF SAID BLOCK 12 AND THE POINT OF TANGENCY; THENCE NORTH 88-59'27" WEST ALONG SAID SOUTH LINE, 309.58; THENCE NORTH 00-02'09" EAST, 312.55 FEET TO THE SOUTH LINE OF SAID BLOCK 7; THENCE NORTH 88-59'27" WEST ALONG SAID SOUTH LINE, 5.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA CONTAINING 12,389 SQUARE FEET (0.284 ACRE), MORE OR LESS. LAND DESCRIPTION PREPARED BY: SHAH, OROTOS & ASSOCIATES, P .A. 3410 NORTH ANDREWS AVENUE EXTENSION POMPANO BEACH, FLORIDA 33064 PREPARED BY: MDR CHECKED BY: . MDR' PROJECT NO.: 0598BOO FILE NAME: X:\CAD\SRUVEI0598AOO\RIGHT OF WAY VACATION June 8, 2005 SHEET 2 OF 3 SHEETS EXHIBIT "E" Conditions of Approval Project name: The Arches File number: ABAN 05-006 Reference: Sidewalk Abandonments DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. All existing City utilities (water, wastewater and stormwater conduits) must be relocated or encased to continue their functional purpose in the area. 2. All other utility services within this corridor shall be relocated at the applicant's expense. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 3. The abandonment of the sidewalk segments within the right-of-ways shall be so designated on a new boundary record plat to reflect the same. BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERlENVIRONMENT ALIST Comments: None Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: 4. Should the City Commission approve the abandonment request, the applicant would need to provide executed easements, satisfactory to the City Attorney, prior to issuance of the first permit. PRIV A TE UTILITIES Comments: 5. Adelphia has no objection to the abandonment as long as Adelphia facilities are granted the proper easements and any relocation of facilities are at the expense of the applicant. 6. Florida Power & Light has no objection to the abandonment contingent upon the following conditions: a) FPL acquiring all additional easements for any and all existing or proposed FPL facilities necessary to service any and all existing and proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to ten (10) foot easements adjacent to both sides of all major thoroughfares. b) Written approval of the City of Boynton Beach and FDOT is required for the removal of any of the streetlights. c) Any and all cost resulting with the relocation or removal of FPL facilities, due to said abandonment, are to be paid by the applicant. 7. Florida Public Utilities Company has no objection to the abandonment contingent upon the following conditions: a) All related relocation expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. b) A separate easement must be granted to Florida Public Utilities Company within the referenced area. All related easement expenses will be paid by the party requesting the abandonment by the date specified by Florida Public Utilities Company. 8. Bellsouth has no objection to the abandonment as long as Bellsouth facilities are granted the proper easements and any relocation of facilities are at the expense of the applicant ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD DEPARTMENTS INCLUDE REJECT CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S :\Planning\SHARED\ WP\PROJECTS\ARCHES\ABAN 05-006 (Sidewalks )\COA.doc Breese, Ed From: Sent: To: Cc: Subject: Kelley, David Thursday, August 11, 2005 8:23 AM Breese, Ed Logan, Laurinda RE: Arches Abandonment Requests Ed: Welcome back to the "house of confusion". The chances of FOOT giving their blessing to abandon sidewalk along Federal Highway are "none" and "none". FOOT took 6 months to give the city a median opening for new Fire Station #4 at 1919 S. Fed. They still have not given permission to add the new CRA wayfinder signage in their R/W. They are giving me 'heartburn' over the existing 'serpentine' sidewalk in front of the KFC restaurant across the street from city hall; they want to straighten it out as part of the milling and resurfacing project being readied for issuance on Boynton Beach Boulevard. Bottom line; do not look for any FOOT division to 'relinquish' any sidewalk within their existing right-of-ways any time soon. Enough said. Dave.... -----Original Message--m From: Breese, Ed Sent: Thursday, August 11, 2005 7:57 AM To: Kelley, David Subject: Arches Abandonment Requests Dave, Thank you for the responses on these abandonment requests. They have modified the request for sidewalk abandonments to now include the sidewalk along the Federal Highway side of the project as well. Is this an issue for us, or since it is FDOT r-o-w, and if FOOT chooses to relinquish the sidewalk in exchange for an easement, do we want or need to weigh in on the issue? I would welcome any thoughts and comments you may have on this subject. Thank you again, Ed 1 TO: FROM: DATE: RE: DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 05-096 Ed Breese, Principal Planner Planning & Zoning Division l~~-h/ H. David Kelley, Jr., PE/PSM"{J City Engineer August 5, 2005 City Abandonment Petition No. 05-006 Portion of Roadwa~ R/W (sidewalk only), along East side of S.E. 4t Street, from S.E. 1st Avenue to S.E. 2nd Avenue, along the North side of S.E. 2nd Avenue, from S.E. 4th Street to Federal Highway, and along the South side of Ocean Avenue, from S.E. 4th Avenue to Federal Highway. Application by Boynton Ventures I, LLC In response to your Memorandum dated July 25, 2005 on the above noted subject, we have reviewed the application submitted by their agent, Ruden McClosky, including the legal description submitted by their consulting engineer, and find the application not a normal application as it relates to abandonments of roadways. Under abandonment procedures, abandonments normally follow the requirements of 9336.09 - .12 F.S., where all abandoned right-of-ways are equally divided and given to the adjacent property owner(s). There are numerous case histories on this subject. This application cannot follow this established procedure. In addition, the city provides roadway (pedestrian walkway, signage, etc.) services in these areas that would be compromised along with the other utility (telephone, electric, gas, etc) services in these roadway corridors. Attempting to create any partial roadway abandonment such as these would set an extremely bad precedent for the city, and be difficult to justify. Therefore, this application for abandonment of the sidewalk areas of the existing right-of- ways is DENIED. The city needs the already built-out full right-of-ways for public purposes. Please keep this Division informed as to the progress of the application. If you have any questions, please call me at x6488. HDK:jam xc: Jeff Livergood, PE, Director of Public Works Laurinda Logan, PE, Sr. Engineer. Jim Cherof, Esq., City Attorney Mike Rumpf, Dir. of Planning & Zoning Peter Mazzella, Deputy Director, Utilities File S:\Engineering\Kribs\Abandonment Petition 05-006 SE 4 St to Fed Hwy - Sidewalk.doc PLANNING AND ZONING MEMORANDUM TO: H. David Kelley, City Engineer FROM: Ed Breese, Principal Planner ~ DATE: July 25, 2005 SUBJECT: Abandonment Requests for the Arches Attached for your review is a copy of the applications for abandonment associated with the Arches (SE 1st Avenue road r-o-w, SE 1 st Place (20' wide alley) and sidewalks along Ocean Avenue, SE 2nd Avenue and SE 4th Street). If you could take a look at this material and let me know if you have any comments regarding these abandonment requests, I would greatly appreciate it. Thank you. ~ \J ~,JJ'l "'.f' '1~ AfZCHt:S 1aJ SIT! ~.~_OF ~ 7 + ~_~/Z + SlJzc p~.+ ..s~ I$'( Ave = 194 Q32..54- ... , -} M< 4.+75 AC- ~ .J5~du- .~"..... ....__......_.---.__.......~..^~".,."._.......". '-~ . - .- - " -. 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