REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-163
TO: Chair and Members
Community Redevelopment Agency Board
THRU: Michael W. Rumpf
Planning and Zoning Director
FROM: Ed Breese ~
Principal Planner
DATE: August 19,2005
SUBJECT: Abandonment of a portion of the 40-foot wide right-of-way (SE 1s1 Avenue)
located between South Federal Highway and SE 41h Street
(ABAN 05-004)
NATURE OF REQUEST
The agent for Boynton Ventures 1 LLC, Bonnie Miskel, Esq., is requesting to abandon a portion of the 40-foot wide
right-of-way located between South Federal Highway and S.E. 41h Street. This requestto abandon a public alley was
submitted on June 22, 2005. This abandonment is for the following platted street segment:
That certain 40.00 foot wide right-of-way bounded on the north by the south line of Block 7, on the
south by the north line of Block 12, on the east by the west right-of-way line of Federal Highway
(U.S. Highway No.1) and on the west by the east right-of-way line of SE 41h Street, all in the
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.
The location map attached as Exhibit "A" shows the general vicinity of the 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 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 -
Property assembled as part of the Arches development, and farther north is right-of-way for
Ocean Avenue and farther north are developed properties zoned Central Business District
(CBD);
South -
Property assembled as part of the Arches development, and farther south is right-of-way for
SE 2nd Avenue'
,
East
Right-of-way for Federal Highway and father east is developed commercial properties zoned
CBD; and
West -
Right-of-way for Southeast 41h Street and the FEC Railroad and still farther west are
developed commercial properties zoned CBD.
Page 2
Memorandum No. PZ 05-163
ABAN 05-004
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. Southeast 1 sl Avenue is an east/west-oriented street that bisects the
Arches at Boynton Beach mixed-use development. In June of 2003, Boynton Ventures 1 lLC received site plan
approval for the Arches project. The original plans proposed to leave SE 1 st Avenue intact. Since that time, the
applicant has placed under contract to purchase, those properties that remained unassembled and apart from the
original project, the remaining portion of an alley (ABAN 05-005, which is under consideration along with this
proposed street abandonment), and the subject of this request, SE 1s1 Avenue and has modified the development
plan to include these parcels. The applicant has the intention of vacating the 40-foot wide street to consolidate the
property and facilitate the development of a mixed-use project (see Exhibit "0"- ARCHES Site Plan). As indicated on
the survey, the segment of the street to be vacated measures approximately 335 linear feet, running east from SE
41h Street to South Federal Highway. All existing infrastructure within the street will be relocated or encased at the
applicant's expense, within existing easements or easements to be provided.
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 OEPARTMENTSIDIVISIONS
Engineeringl Public Worksl Utilities -
Planning and Zoning
No objection wi conditions (see Exhibit "E")
No objection
PUBLIC UTILITY COMPANIES
Florida Power and light
Bell South
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
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 right-of-way would no longer serve and public purpose under the proposed
Arches development plan, and therefore is recommending approval of the request to abandon the portion of the 40-
foot wide street as described above, subject to the comments included in Exhibit "E" - Conditions of Approval. This
recommendation is based upon the determination that the right-of-way is surrounded by the proposed development
and would serve only the applicant. 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:IPlanningISHAREDlWPIPROJECTSlArchesIABAN 05-004\stall report.doc
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EXHIBIT 0
SKETCH OF DESCRIPTION
A PORTION OF SE 1ST AVENUE
TO BE V ACA TED SeE. 4Ih STREE.T {CENTERUNE
ORIGINAL TOWN OF BOrNTON- : '8 ORIGINAL iA~t<>LF'- -
(PB 1 PG 2":( PBeR) ORIGINAL '8 i . WEST LINE
, oJ, L()fll;rB\:~Ei2' I .; :,.8 LOT 8. BLK 7\
_ E BIGIlC:OF'-_ --...L N Nrxr02 O!j "E _---L-
W:: :TIONAL RIGHT-Or-WAY f /// 1/ / ~U~~T BlK 7
(ORB 4355. PG 890 PBCP) ~ / /~ / 59'27"[ 5.00'
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',1' /' /. /: ,/ ST RIGHT-OF-~
r i / ,.1' ,/ WAY UNE ~ SO(.
,1&RJ.yl~h~ 51.8Q.' i-
- --LLOl....L- --5W02,09"W L- - - ---I:INLESS IT BEARS THE SIGNATURE
I 10' ADomONAL RIGHT-OF-WAY : AND THE ORIGINAL RAISED SEAL OF
-(ORB 558. PG 143 DBCR) A FLORIDA LICENSED SURVEYOR AND
FEDERAL HlGHWLu.s. HIGHWAY NO. 1 MAPPER THIS MAP IS FOR
AND STAir I NO. 6 INFORMATIONAL PURPOSES ONLY
PROJECT NO: 02-059BA.00 ,,-.. ..........rJ AND IS NOT VAUD
FILE NAME: X:\CAD\SURVEY\0598AOO\SKETCHES\Oeg~~-" I SHEET 2 OF 2 SHEETS
CS,-",.. .I!\.~~ .. SHAH I ENGINEERING
b,;';:,}..L-&;~ DROTOS SURVEYING
& ASSOCIATES PLANNING
CERTIFICATE OF' AUTHORIZATION NO. LB 6456
3410 N, Andrews Avenue Exi. Pompano Beach, FL 33064
PH: 954-943-9433 . FAX: 954-783-4754
SCALE: 1 "=50'
r-,
m
SURVEY NOTES:
1. THIS IS NOT A BOUNDARY SURVEY.
2. BEARINGS SHOWN HEREON ARE
ASSUMED AND ARE RELATIVE TO THE
WEST RIGHT OF WAY UNE OF FEDE
HIGHWAY. SAID LINE BEARS SOUTH
- 00'02'09" WEST.
3. LANDS SHOWN HEREON WERE NOT
ABSTRACTED BY SHAH, DROTOS &
ASSOCIATES FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER
INSTRUMENTS OF RECORD.
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D. ROSE
HAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 3998
R-12.00L
D-89'01'36-
L-18.65'
<<:I-
SKETCH OF DESCRIPTION
REVISIONS
MDR
DWN
06/01/05
DATE
FB/PG
MDR
CHKD
EXHIBIT 0
LAND DESCRIPTION
PORTION OF S.E. 1ST AVENUE
TO BE VACATED
That certain 40.00 foot wide right-of-way bounded on the north by the south line of Block 7, on the
south by the north line of Block 12, on the east by the west right-of-way line of Federal Highway
(U.S. Highway No.1) and on the west by the east right-of-way line of S.E. 4th Street, all in the
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, being more particularly described as
follows:
COMMENCING at the southwest comer of Lot 8 in said Block 7;
THENCE South 88059'27" East along the south line of said Block 7, a distance of 5.00 feet to the
POINT OF BEGINNING;
THENCE continuing along said south line, South 88059'27" East, 335.01 feet;
THENCE South 00002'09" West, 51.80 feet to a point of cusp on the west right-of-way line of
Federal Highway (U.S. Highway No.1, State Road No.5);
THENCE northwesterly along the arc of a curve concave to the southwest, having a radius of
12.00 feet, a central angle of 89001'36", an arc distance of 18.65 feet to the point of tangency;
THENCE North 88059'27" West, along the north line of said Block 12, a distance of 323.21 feet
to the east right-of-way line of S. E. 41h Street;
THENCE North 00002'09" East, along said east right-of-way line, 40.01 feet to the POINT OF
BEGINNING;
Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 13,430
square feet (0,308 acre), more or less.
LAND DESCRIPTION PREPARED BY:
SHAH, DROTOS & ASSOCIATES
3410 N Andrews Avenue Extension
Pompano Beach, Florida 33064
Prepared by: MDR
Checked by: MDR
Project No.: 02-0598A
File Name: X:\cad\survey\0598AOO\Sketches\0598V ACA.SE1A VE
June 1, 2005
SHEET 1 OF 2 SHEETS
EXHIBIT "E"
Conditions of Approval
Project name: The Arches
File number: ABAN 05-004
Reference: Street Abandonment
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 this 40-foot street right-of-way shall be so designated on
a new boundary record plat to reflect the same.
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments: None
PRIV A TE UTILITIES
Comments:
4. 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.
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) 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.
6. 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.
7. 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
CONDITIONS
Comments:
I DEPARTMENTS I INCLUDE I REJECT I
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S :\Planning\SHARED\ WP\PROJECTS\ARCHES\ABAN 05-004 (Street)\COA.doc
TO:
FROM:
DATE:
RE:
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 05-094
Ed Breese, Principal Planner
Planning & Zoning Division f -^. . /
H. David Kelley, Jr., PE/PS~
City Engineer
August 5, 2005
City Abandonment Petition No. 05-004
40-foot R/W, S.E. 1st Avenue, from
S.E. 4th Street to Federal Highway
Application by Boynton Ventures I, LLC
This memorandum is 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 in order. This Division has no obiection to the proposed abandonment, but
it must contain several provisos, as follows:
1.
2.
3.
All existing city utilities (water, wastewater and stormwater conduits) must be
relocate~to continue their unctional purposes.
ov- C"-f'1L.t't"'~.c1 t>llCl/06
All other utility services within is corridor shall be relocated at the applicant's cost.
The abandonment of '-~9-f t street right-of-way shall be so designated on a
required new boundary record plat to reflect same.
If the above provisos are performed, this Division will support the application (once
completed in the proper form of the required ordinance). Please keep this Division informed
as to the progress of the application. If you have any questions, please call me at ext. 6488.
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 05-004 SE 4 St to Fed Hwy - Street.doc
Maxwelte
Fax
To: Kimberly Glas-Castro.
From: Peter Sayer
Fax: (561) 514-3442
pages: 2 Including COyer
Phone:
Date:
Re:
FPL
cc:
Maxwclle R.eal Est.ate Group, Inc, 3050 Aventura BNd ard Floor Aventura FI, 33180
Tel; 305.792.7500 Fax: 305.792.2110 www.maxwelle.com
PAGE 112 * RCVD AT 612912005 2:32:29 PM [Eastern Daylight Time] * SVR:FTLWEB115 * DNIS:3442 * CSID: * DURATION Imm.ssl:OO-44
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 1 st 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.