REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-091
TO: Chairman and Members
Community Redevelopment Agency Board
THRU: Michael W. Rumpf
Planning and Zoning Director
FROM: Maxime Ducoste-Amedee
Planner
DATE: April 17, 2003
SUBJECT: Abandonment of 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 (ABAN 03-002).
NATURE OF REQUEST
The applicant and agent for Boynton Ventures 1 LLC, Nancy C. Graham, is requesting to abandon a portion of
the 20-foot wide alley located between S. Federal Highway and S.E. 4th Street. This request to abandon a
public alley was submitted on March 3, 2003. This abandonment is for the following unimproved platted alley
segment:
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 BO.YNTON, according to the plat thereof as recorded in Plat Book 1, Page 23
of the Public Records of Palm Beach County, Florida.
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 alley to be abandoned and its 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 is a developed commercial
plaza zoned Community Commercial (C-3);
East
Right-of-way for Federal Highway and father east is developed commercial properties
zoned CBD; and
West -
Developed commercial properties in Block 7 zoned CBD and then farther west is right-of-
way for Southeast 4th Street and still farther west is developed commercial properties
zoned CBD.
BACKGROUND
Page 2
Memorandum No. PZ 03-091
ABAN 02-003
In July of 1898, the Plat of Original Town of Boynton was approved. It included several 20-foot wide alleys
dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion
if not used as such.
The properties located on the north and south sides of the alley segment to be abandoned are under a
purchase contract by the applicant Boynton Ventures 1 LLC. The applicant has the intention of vacating the 20-
foot alley to consolidate the property and facilitate the development of a mixed-use project (see Exhibit "C"-
ARCHES Site Plan). Specifically, this area would be used for the public plaza as shown on the proposed site
plan. As indicated on the survey, the segment of the alley to be vacated measures approximately 240 linear
feet. All existing infrastructure within the alley will be relocated to the perimeter of the project, along SE 1 st
Avenue. A twelve-foot (12) wide utility easement will be dedicated to Bellsouth for their underground conduit.
When abandoned the lot/easement will revert to the adjacent property owners.
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
Pending (see Exhibit "E")
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
Approval with conditions (see Exhibit "E")
Approval with conditions (see Exhibit "E")
Approval with conditions (see Exhibit "E")
Approval with conditions (see Exhibit "E")
N/A
The historical configuration of Block 7 of the Original Town of Boynton subdivision provided the lots with frontage
on E. Ocean Avenue and SE 1st Avenue. A twenty (20) foot alley dissects Block 7, extending east to west. The
existing parcel configuration of Block 7 of the Original Town of Boynton subdivision as shown on the tax map
indicates that Lot 9.1 and Lot 8.2 are not unified. Subsequent subdivision of the parcels of this plat has been
created disregarding the minimum standards of the CBO. Lot 9.1, which abuts the subject alley measures
approximately 75 feet wide and conforms to the minimum lot frontage requirement of the Central Business District
(CBO), based on access and frontage along the twenty (20) foot wide alley (see Exhibit "0").
Therefore, if the existing parcel configuration is as shown on the tax map and not under unity of title with the
adjacent parcel to the west, the approval of the requested abandonment will reduce down the frontage of the
abutting parcel, south of the subject alley.
RECOMMENDATION
Staff recommends that this request to abandon the portion of the 20-foot wide alley as described above, be
approved, subject to the comments included in Exhibit "E" - Conditions of Approval. Any conditions required by
the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "E" - Conditions of
Approval.
xc: Central File
S:IPlanningISHAREOIWPlPROJEeTS\Arcnes\ABAN 03-0021s1aff report,doc
Location Map
EXHIBIT "A"
The Arches at Boynton Beach
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~DROTOS SURVtYlHG
&: ASSOCIATES I'lANHINO
ENGINEERING AUTH. NO. 58J.l.. SURVEYING UC. NO, L8-006456
1835 S. P,rfmlf.r Road. SuI" 190. Ft. Laud.rdall, Fl. 33309
PH: 9.5(-771-7&0.4 . FAX: 954.-778-7608
BOYNTON BEACH, FlORIDA
EXISTING UTILITY - SE 1 sl PLACE
EXHIBIT "B"
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EXHIBIT "E"
Conditions of Approval
Revised
Project name: The Arches
File number: ABAN 03-002
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: Pending
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. If the parcel configuration of Block 7 is as shown on the tax map, and the
frontage of Lot 9.1 is reduced to a non-conforming length, than one of the
following steps, or altemative action, should be taken to prevent the
nonconformity:
a) assembly and unification with an adjacent parcel to obtain
minimize frontage;
b) a variance be requested and granted; and
c) limit the abandonment to the easterly portion of the alley,
specifically approximately the first 190 linear feet and, modify
the site abandonment accordingly.
2. This approval is contingent upon satisfying any conditions from the City Of
Boynton Beach Engineering Division.
PRIV A TE UTILITIES
~
II 3. Adelphia has no objections in the abandonment as long as Adelphia facilities
re granted the proper easement
4. Any and all costs resulting in the relocation or removal of Adelphia facilities
due to said abandonment are paid by the customer and/or property owner
and/or requesting party.
5. 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) All easements where FPL facilities exist are not considered
abandoned until said facilities are de-energized, relocated and lor
removed.
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.
6. Florida Public Utilities Company has existing gas facilities within the
referenced proposed abandonment area. Therefore, must object to said
abandonment unless the following conditions are met:
DEPARTMENTS INCLUDE REJECT
d) All related relocation expenses will be paid by the party
requesting the abandonment by the date specified by Florida
Public Utilities Company.
e) 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.
7. Bellsouth provisionally agree to Statement of No Objection to the proposed
abandonment subject but not limited to the following conditions:
f) A utility easement will be provided to support Bellsouth's main
conduit system that is underground through the existing alley.
g) Relocation costs to rearrange existing telecommunication lines in
the vicinity of the project.
h) Bellsouth will require conduit structure for future cable
placements under an area of the proposed project where
construction of conduit would not be practical after completion of
the Arches project.
i) Vehicular access to the area where the existing Bellsouth
Manhole is located twenty-four hours/seven days a week.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\ARCHES @ BB\ABAN\COA2.doc
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
From the office of
Planning & Zoning
TO: Nancy C. Graham, Urban Principles, LLC
FAX: 561-832-2864
FROM: Maxime Ducoste-A.
DATE:
04/21/2003
NUMBER OF PAGES: (including cover)
2
RE: Arches Abandonment
Dear Mrs. Graham,
Your request for the alley abandonment has been forwarded to the Engineering Division. As such, you
will find attached the comments from the Engineering Division regarding the 20-foot wide alley
abandonment. Further, I am waiting for the updated survey and legal description of the proposed alley.
As you are aware, this information is needed for the legal notice.
Please respond and provide the necessary documentation.
Thank you in advance.
Sincerely,
~,
If you receive this fax in error, or experience trouble with transmission, please notify our office
immediately, at (561) 742-6260. Thank you.
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 03-073
TO:
Maxime Ducoste-Amedee, Planner, Planning and Zoning
DATE:
April 21, 2003
\
"'>,,-
FROM:
Laurinda Logan, P.E., Senior Engineer
RE:
Review Comments
Alley Abandonment - 1 st Review
The Arches
File No, ABAN 03-002
Per your request I have reviewed the above referenced request, forwarded to me on April 15, 2003
regarding the proposed alleyway abandonment between Ocean Ave. and NE 2nd Ave., and Federal
Highway and SE 4th St., site of the proposed Arches project.
In accordance with the LDR, Chapter 22, Article III the following conditions shall be addressed prior to
further consideration:
o Provide a clear drawing, to scale, depicting all utilities within the alleyway proposed to be abandoned;
and
o Provide proposed easement documents protecting the interests of the affected utilities;
Please let me know if you or the applicant have any questions, or if I can be of further assistance.
Cc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail)
Michael W. Rumpf, Director, Planning & Zoning
Peter V. Mazzella, Deputy Utility Director, Utilities
H. David Kelley, Jr., P.E.I P.S.M., City Engineer, Public Works/Engineering (via e-mail)
Glenda Hall, Maintenance Supervisor, Public Works/Parks
Larry Quinn, Solid Waste Manager, Public Works
File
S:\Engineering\Kribs\The Arches, Alley Abandonment - 1st Review.doc