CORRESPONDENCE
FACSIMILE
CITY OF BOYNTON BEACH
City Hall, West Wing
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
Planning & Zoning
Division
FAX: _(561) 964-3499
TO: Bob Lowen
FROM: Dick Hudson
NUMBER OF PAGES: (including
cover)
4
DA TE: June 30, 2003
RE: Staff Conditions as approved-Abandonment 03-002 (Ordinance 03-021)
If you receive this fax in error, or experience trouble with transmission, please notify our office
immediately, at (561) 742-6260, Thank you,
I TRANSMISSION VERIFICATIct< REP'F1T I
TIME: 06/30/2003 09 04
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VENTURES LC
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DEVELOPING UlVJ.QUE URBAN PlACFS---:---~:- _-- _,_
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'rEI": (';:>(>1) S:~-'1,1" DEPARTMENT OF DEVELOPMI--NT
F A.c'X: (5(>1) 8:12-~.
The information contained in this fax transmission may contain privileged or confidential information. It is intended
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1M:
To Kurt Bressner, City Manager From: Kevin Lawler
Quintus Greene. Director of Development
City of Boynton Beach
Fax: 742-6011
742-6357
Pages: 2
Phone
Date: May 16, 2003
Re:
Request for Postponement - The Arches Cc:
Ryan Weisfrsch, 954/4554961
Greg Young, 888/325-9190
o Urgent
o For Review 0 Please Comment 0 Please Reply
o Please Recycle
Please see accompanying letter.
Regards, Kevin
~a~ 16 03 04:03p
N
IENTURES LC
561
12 2864
p.2
"'-K Ventures LC
Developing Unique Urban Places
.'11
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May 16, 2003
Mr. Kurt Bressner, City Manager
Mr. Quintus Greene, Director of Development
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
VIA FACSIMILE
RE: Request for Postoonement of All Matters Pertaininq to The Arches. Mav20, 2003
Commission Meetinq
Dear Messrs Bressner and Greene:
This letter is to request a postponement of all matters pending before the City of Boynton
Beach Commission on The Arches at Boynton Beach, presently calendared on the
Commission Agenda for May 20, 2003
Our partner, Nancy Graham, has for family personal matters, been called out of town
and is not expected to return until after the Commission Meeting of May 20, 2003. Nancy is
essential to our presentation of the three items pending before the Commission on May 20th,
Specifically, Boynton Ventures 1 LLC has three (3) items pending before the Commission: (i)
New Site Plan, Item 03-002; (ii) Alley Abandonment, Item 03-0002; and (iii) Land Use
Amendment, Item 03-003.
We are requesting each of these items be postponed until the June 3, 2003 Commission
Meeting.
1Z=--
J. Kevin ~ r
Member Manager for Boynton Ventures 1 LLC
cc. Nancy C. Graham
Ryan Weisfisch, MaxweJle Real Estate Group LLC
Greg Young, Edwards & Angell LLP
319 Clematis Street . Suite 512 ' West Palm Beach, FI 33401
Office 561-832-4177 . 561-832-6908 . Fax 561-832-2864
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 03-082
TO:
Maxime Ducoste- Amedee, Planner
Planning & Zoning Division
H. David Kelley, Jr., PE/PSM~/
City Engineer
FROM:
DATE:
May 9, 2003
SUBJECT:
"The Arches" Alley Abandonment
Application - 1 st Review
This memorandum is in response to your initial memorandum dated April 25, 2003 on the above
noted subject, augmented bye-mails dated April 29th and May 1 st. The legal description within
the application (which included a metes and bounds description), is recapped as follows:
"A portion of that certain 20.00 foot wide alley lying adjacent to Lots 1 through 4
and Lots 11 through 14, together with the north half of said alley lying south of
and adjacent to Lot 5, all in Block 7, 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."
After several discussions, a review of the response letters from the various utility systems
utilizing the alley, and a meeting with the applicant on April 29th, this Division can only approve
a partial abandonment request, specifically that portion of the alley lying adjacent to said Lots 1
through 4 and Lots 11 through 14 only. This is approximately one-half of the total length of the
alley located between SE 1 st Avenue and Federal Highway.
Under the Florida Statutes for abandonment(s), public right-of-way abandoned is divided equally
with each half given to the owner of real property adjacent to the abandonment. The existing 20-
foot alley is currently owned by the city. With the requested abandonment of the north half of
the alley lying south of stated Lot 5, under statute, only 5 foot would be given to the owner of
said Lot 5, and the other 5 foot would be given to the city (and remain as part of the alley, but
now being 15 feet in width). Obviously, this is not the intent of the applicant, nor the desire of
the city (to create a substandard alley remnant).
There are three (3) options that need to be explored. Option #1 would be to have the property
owner of the remaining lots on the block join in consent to a total alley abandonment. This
would be the owner of Lots 6 through 10. Existing utility services currently in use could remain
via a conversion of a portion of the alley into a utility easement.
Public Works Department, Engineering Division Memo No. 03-082
Re: The Arches Alley Abandonment Application - 1 st Review
May 9, 2003
Page 2
Option #2 would be to have the property owner of Lot 10 to join in consent to the alley
abandonment in front of this lot only. However, Lot 10 would have to be joined to Lot 9 in
"unity of title" in order for the combined lots to have frontage on the remaining alley. This
option then would allow for that half of the alley adjacent to Lot 5 to be joined to that lot.
Likewise, that half of the alley adjacent to Lot 10 would be joined to it.
Option #3 would be for the City Commission to specify that the one-half of alley located
adjacent to Lot 5 be specifically (and totally) attached to said Lot 5, and when the other half of
the alley is a component to another abandonment application, that it be specifically (and totally)
attached to Lot 10. This option creates only a 10-foot alley as frontage for remaining Lot 10,
which mayor may not be sufficient for ingress and egress to that lot. Again, the owner of Lot 10
should be consulted about these options so he can determine his position in this abandonment
action.
Again, existing utility services currently in use could remain via a conversion of a portion of the
alley into a utility easement.
I suggest that the Legal Department be appraised of this application, our options for a solution,
and any discussion that they want to have with both your and our divisions. If you have any
questions regarding this matter, please advise me at x6488.
HDK/ck
xc: Jeff Livergood, PE, Dir. ofP.W.
Laurinda Logan, PE, Sr. Engr.
Mike Rumpf, Dir. ofP & Z Div.
File
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TRANS"'S"'ON VERIFICATION REPORT ]
TIME 05/09/2003 10:20
NAME
FAX
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STANDARD
ECM
Hudson, Dick (Orran)
From:
Sent:
To:
Subject:
Lamanna, Rosemarie
Tuesday, April 29, 2003 11 :11 AM
Hudson, Dick (Orran)
FW: Arches Abandonment
I omitted to indicate that the message below was dictated by Jim Cherof.
-----Original Message-----
From: Lamanna, Rosemarie
Sent: Tuesday, April 29, 2003 11:00 AM
To: Hudson, Dick (Orran)
Cc: 'wpbmayor@aol.eom'
Subject: Arches Abandonment
The determination of continuing public need for a street or right of way is reserved to the City Commission.
The City Commission may have an interest in the opinions of the adjacent property owners but the consent of
adjacent property owners should not be made a condition of the approval of an abandonment. It is my opinion
that imposing such a condition dilutes the Commissions' power in the abandonment process.
1
ACKNOWLEDGEMENT OF ABANDONMENT
I , hereby acknowledge that I own real property
adjacent to a public street/right-of-way/ or alley hereinafter described and that I have received
notice of the City of Boynton Beach's intent to abandon the following described street/right-of-
way or alley
Description of public street/right-of-way or alley to be abandoned:
See diagram attached.
I further acknowledge that I have received notice that the City Commission of the City of
Boynton Beach will conduct a public hearing on the _ day of ,2003, at
which time I will have the opportunity to express my consent or objection to the proposed
abandonment.
Dated this _ day of
, 2003 by
C:\Documents and Settings\HudsonD\Local Settings\Temporary Internet Files\OLK4\ACKNOWLEDGEMENT OF ABANDONMENT.doc