AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 2, 2005 July 18, 2005 (Noon.) D October 5, 2005 September 19, 2005 (Noon)
D August 16,2005 August 1,2005 (Noon) D October 18, 2005 October 3, 2005 (Noon)
D September 6, 2005 August 15, 2005 (Noon) 0 November I, 2005 October 17, 2005 (Noon)
[gJ September 20, 2005 September 6, 2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing [gJ Legal
D Bids D UnfInished Business
D Announcement 0 Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the September 20, 2005 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal-
Ordinance - First Reading on September 6,2005. For further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 05-162.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Arches (Alley) (ABAN 05-005)
Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky
Boynton Ventures I, LLC
Southeast comer of the intersection of Ocean Avenue and SE 4th Street
Request for abandomnent of a portion of an alley (Southeast 151 Place), located
immediately east of SE 4th street, in connection with the proposed Arches development.
PROGRAM IMPACT:
FISCAL IMP ACT:
N/A
N/A
ALTERNATfVES:~/;~~
Developrn t Depa ent Directo
~ ~1Ue
./ Planning and Zoning Qv1ector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\ABAN 05-005 Alley\Agenda Item Request Arches (Alley) ABAN 05-005 2nd reading 9-20-05.dot
City Manager's Signature
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05.162
TO: Chair and Members
Community Redevelopment Agency Board
THRU: Michael W. Rumpf
Planning and Zoning Director
FROM: Ed Breese ~
Principal Planner
DATE: August 18,2005
SUBJECT: Abandonment of a portion of the 20-foot alley (also known as SE 1st Place)
lying adjacent to lots 6 - 9, together with the south half of said alley lying north of
Lot 10, all in Block 7, ORIGINAL TOWN OF BOYNTON Plat.
(ABAN 05-005)
NATURE OF REQUEST
The agentfor Boynton Ventures 1 LlC, Bonnie Miskel, Esq., is requesting to abandon a portion of the 20-footwide
alley located between S. Federal Highway and S.E. 4th Street. This request to abandon a public alley was submitted
on June 22, 2005. This abandonment is for the following platted alley segment:
A portion of that certain 20.00 foot wide alley lying adjacent to lots 6 - 9, together with the south half
of said alley lying north of Lot 10, 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.
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 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 -
Property assembled as part of the Arches development, 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, farther south is right-of-way for
Southeast 1st Avenue and farther south is additional property assembled as part of the
Arches development;
East
Right-of-way for Federal Highway and father east is developed commercial properties zoned
CBD; and
Right-of-way for Southeast 4th Street and the FEC Railroad and still farther west are
developed commercial properties zoned CBD.
West -
Page 2
Memorandum No. PZ 05-162
ABAN 05-005
BACKGROUND
In July of 1898, the Plat of Original Town of Boynton subdivision was approved. It included several 20-foot wide
alleys dedicated to the perpetual use by the public. 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
wide alley dissects Block 7, extending east to west, as depicted in Exhibit "C". In June of 2003, Boynton Ventures 1
llC received abandonment approval for those portions of the 20-foot wide alley directly abutting the properties
under their ownership. Since that time, the applicant has placed under contract to purchase, the remaining parcels
abutting the alley, and has modified the development plan to include these parcels and the remaining portion of the
alley. 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 "0"- ARCHES Site Plan). As indicated on the survey, the segment
of the alley to be vacated measures approximately 100 linear feet, running east from SE 4th Street (for the full 20
foot in width) and then the south half (10 feet) continues for an additional 50 feet to the east. All existing
infrastructure within the alley will be relocated at the applicant's expense, within existing easements or easements
to be provided. A twelve (12) foot wide utility easement will be dedicated to BellSouth for their underground conduit,
which is slated to remain in place.
ANAL YSIS
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
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 a public purpose under the proposed
Arches development plan for which it was intended, and therefore is recommending approval of the request to
abandon the remaining portion of the 20-foot wide alley as described above, 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:\PlannlnO\SHAREDIWP\PROJECTSlArchesIABAN 05-005\staff report.doc
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SKETCH OF DESCRIPTION
PORTION OF 20' ALLEY IN BLOCK 7
TO BE VACATED
ORIGINAL TOWN OF BOYNTON
(PB 1, PG 23, PBeR) .
rCENTtRUNE _ S.E. 4th STREET
WEST LINE ~ ~A~IG~~ fgr;gl'09''E
LOT 8ll _ r.\ I/'
- - - - - // POINT OF-
BEGINNING
SW CORNER
LOT 7, BLK 7
NOO'02'09"E
WEST LINE,
LOT 7 . ,
---
~
g S'LY EXTENSION
!::i E UNE-LOT 6
10 I SOO'02'09"W
/ ~~, 10.00' L[)
N~ ORIGI~~AL TOWN OF BOYNTON
~~i PLAT BOOK ~, PAGE 23 ~ I
I U) ~ - - ~UR\1EY 1roTES:- I
1, THIS IS NOT A BOUNDARY I SURVEY.
I 2. BEARINGS SHOWN HEREON ~.
500'02'09' I 2, ASSUMED AND ARE RElATIVE TO E
10.00 I~ ~ ~ WEST RIGHT Of WAY UNE OF! ERA!.
...../ ..q- HIGHWAY. SAID UNE BEARS spUTH
B L 0 C K I~ ~ ~ 7 r~<w; =-N HEREON WERE!NOT
(,0 t') I ABSTRACTED BY SHAH, DROT~S k
~ W Cl ASSOCIATES fOR RIGHTS-OF-WAr.
~ ,0.. , --EASEMENTS;-eWNERSHIP~OTHER
~ I ~ ! ~I' ~ INSTRUMENTS OF RECORD. I I
~ I~ ~ ~I ~ FO iTHE FIRM. BY: I
R ~~t n 4)'
~I~' ~~ MIC L O. ROSE I
- - - - - ~;~' ;fi - -ElO~~{1:J9~PE
- UNLESS IT BEARS THE SIGNATURE ~D ITHE ORIGI RAISED
I SE:Al. OF" A FLORIDA UCENSED SUR\lEYOR AND PER THIS
kI b MAP IS FOR INFORMATIONAL PURPO$ESj ONLY AND IS NOT VALID
PROJECT NO: 02-059BA.()(('l "I,
FIl.E NAME: X:\CAD\SU 0598AOO\SKETqHES\059 VACA I SHEET 2 OF 2 SHEETS
CI Ii ,A SHAH I ENOlHEERIHC
a.::J.L.f.t1. DROTOS SURVEYIHG
& ASSOCIATES PLANNING
CERTIFICATE: OF' AUTHORIZATION NO. La 6456
3410 H. Andrews Avenue Exi. Pompano Beach. F'L 33064
PH: 954-943-9433 . F'AX: 95.4-783-47s4
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SKETCH OF DESCRIPTION
REVISIONS
MOR oe/01/05
OWN DATE
FB/PG
MDR
CHKD
L.:^nIOII U
LAND DESCRIPTION
PORTION OF 20 FOOT WIDE ALLEY
(S. E. 1 st PLACE)
TO BE VACATED
A portion of that certain 20.00 foot wide alley lying adjacent to Lots 6 through 9, together with the
south half of said alley lying north of and adjacent to lot 10, 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, more particularly described as follows:
BEGINNING at the southwest comer of said lot 7;
THENCE South 88.59'27" East along the south line of lots 7 and 6, a distance of 100.00 feet to
the southeast comer of said Lot 6;
THENCE South 00.02'09" West along the southerly extension of the east line of said Lot 6, a
distance of 10.00 feet to the centerline of said 20.00 foot wide alley;
THENCE South 88e59'27" East, along said centerline, 50.00 feet to an intersection with the
northerly extension of the east line of said Lot 10;
THENCE South 00e02'09" West, along said northerly extension, 10.00 feetto the north line of said
Lot 10;
THENCE North 88e59'27" West, along the north line of said lots 10,9 and 8, a distance of 150.00
feet to the east right-of-way line of Southeast 4th Street;
THENCE North 00.02'09" West, along said east right-of-way line, 20.00 feet to the POINT OF
BEGINNING.
Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 2500
square feet (0.057 acre), more or less.
LAND DESCRIPTION PREPARED BY:
SHAH, DROTOS & ASSOCIATES
3410 N Andrews A venue Extension
Pompano Beach, Florida 33064
Prepared by: MDR
Checked by: MDR
Project No.: 02-0598A
File Name: X:\cad\survey\0598AOO\Sketches\0598V ACA. WI:ST. WPD
June 1, 2005
SHEET 1 OF 2 SHEETS
EXHIBIT "E"
Conditions of Approval
Project name: The Arches
File number: ABAN 05-005
R fi All Ab d t
e erence: ey an onmen
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. All existing City utilities (water, wastewater and storm water conduits) must X
be relocated to continue their functional purpose in the area.
2. All other utility services within this corridor shall be relocated at the X
applicant's expense.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
3, The abandonment of this 20-foot alley right-of-way shall be so designated on X
a new boundary record plat to reflect the same.
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
-
FORESTER/ENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
PLANNING AND ZONING
Comments: None X
PRIV ATE UTILITIES
Comments:
4. Adelphia has no objection to the abandonment as long as Adelphia facilities X
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 X
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 X
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 provisionally agree to Statement of No Objection to the proposed x
abandonment subject but not limited to the following conditions:
a) A utility easement will be provided to support Bellsouth' s main
conduit system that is underground through the existing alley.
b) Relocation costs to rearrange existing telecommunication lines in
the vicinity of the project.
c) Bellsouth will require conduit structure for future cable
I DEPARTMENTS I INCLUDE I REJECT I
placements under an area of the proposed project where
construction of conduit would not be practical after completion of
the Arches project.
d) Vehicular access to the area where the existing Bellsouth
manhole is located twenty-four hours/seven days a week. This
access must have a width of not less than fifteen (15) feet.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1. None x
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S :\Planning\SHARED\ WP\PROJECTS\ARCHES\ABAN 05-005 (AlIey)\COA.doc
Meeting Minutes
Community Redevelopment Agency Special Meeting
Boynton Beach, Florida
August 30, 2005
Motion
Vice Chair Tillman moved to approve the request to amend the land Use Amendment and
Rezoning request (LUAR 05-008) for the Arches on the southeast corner of the intersection of
Ocean Avenue and SE 4th Street. Mr. Fenton seconded the motion that passed 7-0.
Abandonment - Street
1.
Project:
Agent:
Description:
Arches (Street) (ABAN 05-004)
Bonnie Miskel, Esq., Kim Glas-Castro, AICP,
Ruden McClosky
Boynton Ventures I, llC
Southeast corner of the intersection of
Ocean Avenue and SE 4th Street
Request for abandonment of a forty-foot
wide right-of-way known as Southeast 1st
Avenue between Federal Highway and
Southeast 4th Street in connection with the
proposed Arches development.
Owner:
location:
Ed Breese, Principal Planner, displayed the Arches site plan, showing the location of the area for
the proposed abandonment. There was no objection to this abandonment on the part of any
City Department. The utility interests such as Florida Power & light, Bellsouth, Florida Public
Utilities, and Adelphia Cable also have no objections, but do have conditions referring to the
provision of additional easements to assure proper location of the utilities. Staff recommended
approval since this right-of-way falls wholly within the Arches development and the City did not
believe it had any further use for it.
Bonnie Miskel, appearing on behalf of the applicant, stated that they accepted all the
conditions.
Chair Heavilin asked if anyone in the public wished to address this, and closed the floor when
no one came forward.
Motion
Ms. Horenburger moved to approve the request for abandonment of a 40-foot wide right-of-
way known as S.E. 1st Avenue between Federal Highway and S.E. 4th Street in connection with
the proposed Arches development. Vice Chair Tillman seconded the motion that passed 7-0.
Abandonment - Alley
2.
Project:
Agent:
Owner:
location:
Arches (Alley) (ABAN 05-005)
Bonnie Miskel, Esq., Kim Glas-Castro, AICP,
Ruden McClosky
Boynton Ventures I, llC
Southeast corner of the intersection of
Ocean Avenue and SE 4th Street
5
Meeting Minutes
Community Redevelopment Agency Special Meeting
Boynton Beach, Florida
August 30, 2005
Description:
Request for abandonment of a portion of an
alley (Southeast 1 st Place), located
immediately east of SE 4th Street, in
connection with the proposed Arches
development
Ed Breese, Principal Planner, stated this abandonment was the rest of an alley that had been
partially abandoned when the Arches first appeared before the City. He did not believe the City
had any further use for this alley and staff recommended abandonment of it. The Utilities
Department recommended approval with conditions. All the other utility providers are
recommending approval with conditions. BellSouth will be retaining their utilities in place and a
12-foot wide utility easement will be dedicated to BellSouth for their underground conduit,
which is slated to remain in place, and a fifteen-foot access has been provided in the site plan
for the Arches.
Bonnie Miskel, appearing on behalf of the applicant, stated they were in agreement with all
conditions.
Chair Heavilin opened the floor for the public to speak, and closed it when no one came
fOlWard.
Motion
Ms. Horenburger moved to approve the request for abandonment of a portion of an alley
known as Southeast 1st Place located immediately east of S.E. 4th Street, in connection with the
proposed Arches development. Mr. Myott seconded the motion that passed 7-0.
Abandonment - Sidewalk
3.
Project:
Agent:
Description:
Arches (Sidewalk) (ABAN 05-006)
Bonnie Miskel, Esq., Kim Glas-Castro, AICP,
Ruden McClosky
Boynton Ventures I, lLC
Southwest corner of Ocean Avenue and
Federal Highway
Request for abandonment of a portion of
rights-of-way that abut the Arches at
Boynton Beach along SE 2nd Avenue, SE 4th
Street, Ocean Avenue and Federal Highway
and that are improved for public sidewalks
Owner:
Location:
Ed Breese, Principal Planner, reported that this item represented the sidewalk portions of the
rights-of-way that border the project. According to the applicant, "The requested vacation of
the sidewalks will allow the development effort to include widening of the pedestrian amenities
with plazas, covered arcades, and expanded pedestrian ways. These pedestrian-oriented
facilities could not otherwise be improved within the public right-of-way. 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
6
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 2, 2005 July IS, 2005 (Noon.) 0 October 5, 2005 September 19,2005 (Noon)
0 August 16, 2005 August I, 2005 (Noon) 0 October IS, 2005 October 3, 2005 (Noon)
cgJ September 6, 2005 August 15,2005 (Noon) 0 November 1, 2005 October 17, 2005 (Noon)
0 September 20, 2005 September 6, 2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM cgJ Public Hearing cgJ Legal
0 Bids 0 Unftnished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the September 6,2005 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the
subject request be approved on August 30, 2005. For further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 05-162.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Arches (AIley) (ABAN 05-005)
Bonnie Miskel, Esq., Kim Glas-Castro, AICP, Ruden McClosky
Boynton Ventures I, LLC
Southeast comer of the intersection of Ocean Avenue and SE 4th Street
Request for abandonment of a portion of an alley (Southeast 1 st Place), located
immediately east of SE 4th street, in connection with the proposed Arches development.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Develop t epattment Drrector City Manager's Signature
U~#-'
Planning and Zo . g ~tor CIty Attorney / Fmance / Human Resources
S:\PIanning\SHARED\WP\PROJECTS\ARCHES @ BB\ABAN 05-005 AIley\Agenda Item Request Arches (Alley) ABAN 05-005 9-6-o5.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05.162
TO: Chair and Members
Community Redevelopment Agency Board
THRU: Michael W. Rumpf
Planning and Zoning Director
FROM: Ed Breese ~
Principal Planner
DATE: August 18,2005
SUBJ EeT: Abandonment of a portion of the 20-foot alley (also known as SE 1 st Place)
lying adjacent to lots 6 - 9, together with the south half of said alley lying north of
Lot 10, all in Block 7, ORIGINAL TOWN OF BOYNTON Plat.
(ABAN 05-005)
NATURE OF REQUEST
The agent for Boynton Ventures 1 LLC, Bonnie Miskel, Esq., 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 June 22, 2005. This abandonment is for the following platted alley s.egment:
A portion of that certain 20.00 foot wide alley lying adjacent to Lots 6 - 9, together with the south half
of said alley lying north of Lot 10, 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.
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 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 -
Property assembled as part of the Arches development, 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, farther south is right-of-way for
Southeast 1 st Avenue and farther south is additional property assembled as part of the
Arches development;
East
Right-of-way for Federal Highway and father east is developed commercial properties zoned
CBD; and
Right-of-way for Southeast 4th Street and the FEC Railroad and still farther west are
developed commercial properties zoned CBD.
West -
Page 2
Memorandum No. PZ 05-162
ABAN 05-005
BACKGROUND
In July of 1898, the Plat of Original Town of Boynton subdivision was approved. It included several 20-foot wide
alleys dedicated to the perpetual use by the public. The historical configuration of Block 7 of the Original Town of
Boynton subdivision provided the lots with frontage on E. Ocean Avenue and SE 1 st Avenue. A twenty (20) foot
wide alley dissects Block 7, extending east to west, as depicted in Exhibit "C". In June of 2003, Boynton Ventures 1
llC received abandonment approval for those portions of the 20-foot wide alley directly abutting the properties
under their ownership. Since that time, the applicant has placed under contract to purchase, the remaining parcels
abutting the alley, and has modified the development plan to include these parcels and the remaining portion of the
alley. 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 "0"- ARCHES Site Plan). As indicated on the survey, the segment
of the alley to be vacated measures approximately 100 linear feet, running east from SE 4th Street (for the full 20
foot in width) and then the south half (10 feet) continues for an additional 50 feet to the east. All existing
infrastructure within the alley will be relocated at the applicant's expense, within existing easements or easements
to be provided. A twelve (12) foot wide utility easement will be dedicated to BellSouth for their underground conduit,
which is slated to remain in place.
ANAL YSIS
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
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 a public purpose under the proposed
Arches development plan for which it was intended, and therefore is recommending approval of the request to
abandon the remaining portion of the 20-foot wide alley as described above, 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:IPlannlngISHAREDlWPIPROJECTSlArchesIABAN 05-0051staff report.doc
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SKETCH OF DESCRIPTION
PORTION OF 20' ALLEY IN BLOCK 7
TO BE VACATED
ORIGINAL TOWN OF BOYNTON
(PB 1, PG 23, PBeR) .
rCENTERUHE _ S.E. 4th STREET
WEST L1NE~8 E RIGHT2J/OF- NorrOf'09''E
[\ . WAY UNE 20.00
LOT 8 \ ~
---- - ---
o
NOO.02'09"E
SCALE: 1-=4
o
WEST L1NC,
LOT 7 \
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POINT OF
BEGINNING
SW CORNER
LOT 7, BLK 7
-----
OJ
<.0
~
~
g S'LY EXl'EHSlON
c:::i E UNE-LOT 6
I() I SOO'02'09"W
kiwi 10.00' L[)
~i; ORIGI~~AL TOWN OF BOYNTON I
~~j PLAT BOOK i, PAGE 23 i
(J) t-- - - -SURVEY 1'roTE5: ---.J I
I 1. THIS IS NOT A BOUNDARY I SURVEY.
I 2. BEARINGS SHOWN HEREON ~.
I O? I ASSUMED AND ARE RELATIVE TO E
I z () WEST RIGHT OF WAY UNE 0F1 ERAL
>- ~ ~ I ~ HIGHWAY. SAID UNE BEARS spUTH
~ r- 00'02'09- WEST. .
B L 0 C K I <! ~ ~ 7 3. LANDS SHOWN HEREON WERE' NOT
I (.() 1'1/ ABSTRACTED BY SHAH, DROT<DS "
~ tt! ~ I ASSOCIATES FOR RIGHTS-OF1.WAr.
-'5l i 0.""-- ~NERSHIPfD10THER
~ I ~ ~ ., ~ INSTRUMENTS OF RECORD. I
c::s i= I :rijc::i
~ I ~ ill ;1) ~ FO iJ"HE ARM. BY: I I
~ 0. !<c "'-lkI r /l I
~1l1~ ~.~ n ~.
~ ~ I '1!)) MIC L D. ROSE /
~, I 'it,. !' · ; i PROfESSIONAL SUR'IEYOR, ANI> IoIAPP~
- - - - - ~ - --FL0Bl0A .REGIsmA1JOtLtiO. 3996
I I
I -. " UNLESS IT BEARS THE SIGNATURE AND ITHE ORIGI RAISED
G SEAL OF A FLORIDA UCENSED SUR\lEYOR AND PER THIS
PROJECT NO: 02-059BA.0<f'J I '" I MAP IS FOR INFORMATIONAL PURPO$ESi ONLY AND IS NOT VAUD
ALE NAME: X:\CAD\SURVEY\0598AOO\SKET<lHES\0596VACA , SHEET 2 OF, 2 SHEETS
------
I
--j
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----
0.J
SKETCH OF DESCRIPTION MDR oe/o1/05 MDR
REVISIONS OWN DATE FB/PG CHKD
ell i "' A SHAH I ENGINEERING
a.;JLA:1 DROTOS SURVEYING
& ASSOCIATES PLANNING
CERTIF"ICATE OF" AUTHORIZATION NO. LB 6456
3410 N. Andrews Avenue Exf. Pompano Beach. Fl 33064
PH: 954-943-9433 . FAX: 954-783-47.4
EXHIBIT D
LAND DESCRIPTION
PORTION OF 20 FOOT WIDE ALLEY
(S. E. 1 st PLACE)
TO BE VACATED
A portion of that certain 20.00 foot wide alley lying adjacent to lots 6 through 9, together with the
south half of said alley lying north of and adjacent to lot 10, 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, more particularly described as follows:
BEGINNING at the southwest comer of said lot 7;
THENCE South 880S9'27" East along the south line of lots 7 and 6, a distance of 100.00 feet to
the southeast comer of said Lot 6;
THENCE South 00002'09" West along the southerly extension of the east line of said Lot 6, a
distance of 10.00 feet to the centerline of said 20.00 foot wide alley;
THENCE South 88059'27" East, along said centerline, SO.OO feet to an intersection with the
northerly extension of the east line of said Lot 10;
THENCE South 00.02'09" West, along said northerly extension, 10.00 feet to the north line of said
Lot 10;
THENCE North 880S9'27" West, along the north line of said lots 10, 9 and 8, a distance of 1S0.00
feet to the east right-of-way line of Southeast 4th Street;
THENCE North 00002'09" West, along said east right-of-way line, 20.00 feet to the POINT OF
BEGINNING.
Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 2S00
square feet (0.057 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.: 02-0S98A
File Name: X:\cad\survey\0598AOO\Sketches\0598V ACA. WEST. WPD
June 1, 2005
SHEET 1 OF 2 SHEETS
EXHIBIT "E"
Conditions of Approval
Project name: The Arches
File number: ABAN 05-005
Reference: Alley Abandonment
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. All existing City utilities (water, wastewater and storm water conduits) must X
be relocated to continue their functional purpose in the area.
2. All other utility services within this corridor shall be relocated at the X
applicant's expense.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
3. The abandonment of this 20-foot alley right-of-way shall be so designated on X
a new boundary record plat to reflect the same.
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments: None X
PRIV A TE UTILITIES
Comments:
4. Adelphia has no objection to the abandonment as long as Adelphia facilities X
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 X
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 X
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 provisionally agree to Statement of No Objection to the proposed x
abandonment subject but not limited to the following conditions:
a) A utility easement will be provided to support Bellsouth' s main
conduit system that is underground through the existing alley.
b) Relocation costs to rearrange existing telecommunication lines in
the vicinity of the project.
c) Bellsouth will require conduit structure for future cable
I DEPARTMENTS I INCLUDE ] REJECT I
placements under an area of the proposed project where
construction of conduit would not be practical after completion of
the Arches project.
d) Vehicular access to the area where the existing Bellsouth
manhole is located twenty-four hours/seven days a week. This
access must have a width of not less than fifteen (15) feet.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1. None x
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S :\Planning\SHARED\ WP\PROJECTS\ARCHES\ABAN 05-005 (Alley)\COA.doc