REVIEW COMMENTS
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: August18,2005
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 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 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 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 15t 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 "D"- ARCHES Site Plan). As indicated on the survey, the segment
of the alley to be vacated measures approximately 1 00 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:IPlanningISHAREDlWPIPROJECTSlArchesIABAN 05-0051staff report doc
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EXHIBIT 0
SKETCH OF DESCRIPTION
PORTION OF 20' ALLEY IN BLOCK 7
TO BE V ACA TED
ORIGINAL TOWN OF BOYNTON
(PB 1, PG 23, PBeR) .
fCENTERUNE_ S.E. 4th STREET
~E RIGHT~ NOo-Q?'09"E
WEST LINE ~ WAY UNE - 20.00"
LOT 8\ ~
---- - ---
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NOO.02'09-E
SCALE: 1. =4
WEST L1NE____
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POINT OF
BEGINNING
SW CORNER
LOT 7, BLK 7
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ti E UNE -LOT 6
Ii) I Soo'02'O!J"W
~kJl 10.00' L[)
~i; ORIGINAL TOWN OF BOYNTON i
~~i PLAT BOOK i, PAGE 23 j
(i) ~ - - ~URVEY lroTES:- ~ I
I 1. THIS IS NOT A BOUNDARY I SURVEY.
I I 2. BEARINGS SHOWN HEREON! AR~
I 2', ASSUMED AND ARE RELATIVE TO !THE
I, Z () WEST RIGHT OF WAY UNE 0F1 FEbERAL
>- ~ ~,' .q- HIGHWAY. SAID UNE BEARS spUTH
~ r- O<T02'09- WEST.
B L 0 C K l:;t ~ ~'7 3. LANDS SHOWN HEREON WERE' NOT
. en I') I ABSTRACTED BY SHAH, DROTll>s "
I g, ~ C) I ASSOCIATES FOR RIGHTS-OF...!.WA't',
15"1 : a.....- -EASEMENTS;-OWNERSHIPtORlOTHER
~ I ~ IE -I ~ INSTRUMENTS OF RECORD. I I
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~ I ~ ffi U'i ~ FO iTHE ARM, BY: I I
it: a.. 8 ~I~ r /), I
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~~ ~ ~i :1~ ~~~FEislg~o~~R\lEYOR: ANb MAPP~
- - - - - ~ - ---FLORIDA .REGISTBAIIOtLtID. 399B
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! UNLESS IT BEARS THE SIGNATURE AND /THE ORIGI RAISED
I 11. SEAL OF A FLORIDA UCENSED SURVEYOR AND PER THIS
~~ I III a. I W IS FOR INFORt.lATlONAL PURPO$ESi ONLY AND IS NOT VALID
PROJECT NO: 02-0598A.uu . Wi .
ALE NAME: X:\CAD\SURVEY\059BAOO\SKETGHES\0598VACA I SHEET 2 OFI2 SHEETS
I
----i
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SKETCH OF DESCRIPTION MDR 08/01/OS MDR
REVISIONS OWN DATE Fe/PG CHKD
c.. i ~ A SHAH I ENGINEERING
a.;JLA:'1. DROTOS SURVEYING
& Ass 0 C I ATE S PLANNING
CERTIFICATE OF AUTHORIZATION NO. LB 6456
3410 N. Andrews Avenue Ext. Pompano Beach. FL 33064
PH: 954-943-9433 . FAX: 954-783-4754
EXHIBIT 0
" .
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.S9'27" 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 88.S9'27" 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 feetto the north line of said
Lot 10;
THENCE North 88.S9'27" 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 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 2S00
square feet (0.OS7 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
R fi All Ab d t
e erence: ey an onmen
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 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 20-foot alley 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 provisionally agree to Statement of No Objection to the proposed
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
DEPARTMENTS INCLUDE REJECT
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. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S:\Planning\SHARED\ WP\PROJECTS\ARCHES\ABAN 05-005 (Alley)\COA.doc
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 05-095
TO:
Ed Breese, Principal Planner
Planning & Zoning Division
H. David Kelley, Jr., PEIPSfI,i0
City Engineer '
FROM:
DATE:
AugustS,200S
RE:
City Abandonment Petition No. 05-005
Balance of a 20-foot Alley R1W, from
S.E. 4th Street to that part previously abandoned By Ord. 03-021
Application by Boynton Ventures I, LLC
This memorandum is in response to your Memorandum dated July 2S, 200S 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 (except that the attached sketch reflects the previous abandonment via a resolution,
when in fact is was via a ordinance as noted above). This Division has no obiection to the
proposed abandonment, but it must contain several provisos, as follows:
1. All existing city utilities (water, wastewater and stormwater conduits) must be
relocated to continue their functional purposes in the area.
2. All other utility services within this corridor shall be relocated at the applicant's cost.
3. The abandonment of this 20-foot alley 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 advise 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 05-005 SE 4 St to Fed Hwy - Alley.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 15t Avenue road r-o-w, SE 15t 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.