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
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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
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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.
~
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