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 April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
D April 18,2006 April 3,2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 April 17,2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
~ May 16, 2006 May 1,2006 (Noon) D July 18, 2006 July 3,2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing ~ Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the May 16,2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal,
Ordinance - First Reading on May 2, 2006. For further details pertaining to the request, see attached Department
Memorandum No. 06-066.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Monnin Alley NE 3rd Street (ABAN 06-006)
Mary Ann Monnin
N/A
Alley located between NE 5th and NE 6th Avenues, extending approximately 150 feet west
from NE 3rd Street
Request to abandon a portion of an unimproved alley located between NE 5th and NE 6th
Avenues, extending approximately 150 feet west from NE 3rd Street.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
N/A
N/A
N/A
Deve pment epartment . ector City Manager's Signature
~tJ~:/
Planning and-Zo . g rrector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\NE 3rd Street ABAN.Monnin AlleylAgenda Item Request Mary Ann Monnin NE 3rd ABAN 06-006 5-16-06.dot
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06..()66
TO:
Chair and Members
Community Redevelopment Agency Board
Michael W. Rum~
Planning and Zoning Director
Ed Breese ~
Principal Planner
THRU:
FROM:
DATE:
SUBJECT:
April 3, 2006
Abandonment of a portion of the 10-foot alley located between NE 5th and NE 6th Avenues,
west of NE 3rd Street, lying adjacent to Lots 68, 69, and 72-75, all in the plat of Arden Park.
(ABAN 06-006)
NATURE OF REQUEST
The applicant, Mary Ann Monnin is requesting to abandon a portion of the unimproved10-foot wide alley located
between NE 5th and NE 6th Avenues, west of NE 3rd Street, lying adjacent to Lots 68, 69, and 72-75, all in the plat of
Arden Park. This request to abandon a public alley was submitted on February 1, 2006. This abandonment is for
the following platted alley segment:
That portion of a platted 10.00 foot wide alley shown on the plat of Arden Park, according to the plat
thereof, recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Florida.
Being bounded by the south line of lots 73, 74, 74A, and 75 and on the south by the north line oflots
68, 69 and 72, on the west by the west limits of said plat of Arden Park and on the east by the west
right-of-way line of NE 3rd Street.
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" ~hows the location of the subject property and includes the 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 -
Developed commercial properties (Paper Roll Products and J&S Automotive) zoned General
Commercial (C-4);
South -
East
A vacant commercial parcel and a developed commercial parcel (Novo Arbor), both zoned
General Commercial (C-4);
Right-of-way for NE 3rd Street and father east is developed commercial properties zoned
General Commercial (C-4); and
Developed residential properties zoned Duplex (R-2).
West -
Page 2
Memorandum No. PZ 06-066
ABAN 06-006
BACKGROUND
In April of 1913, the Plat of Arden Park was approved. It included several10-foot wide alleys dedicated to the
perpetual use by the public. As indicated on the survey, the segment of the alley to be vacated measures
approximately 150 linear feet, extending west from NE 3rd Street, by 10 feet in width. The unimproved alley
terminates at the rear of parcels fronting on NE 2nd Street, with no connection to another alley or street. The
applicant desires to have the unimproved alley abandoned because it is not being utilized as a right-of-way by any
of the abutting businesses, it is not maintained and there are existing encroachments of private property into the
alley that could be resolved through the abandonment. All of the businesses abutting this unimproved alley have
access to their property through a platted street, either NE 5th Avenue or NE 6th Avenue. Additionally, the applicant
would like to develop her vacant parcel abutting the unimproved alley and the abandonment would help facilitate
that effort, relative to setbacks. Existing utilities located within the alley include Florida Power and Light, Bell South
and a City water main, which will require the conversion of the right-of-way to a 10-foot wide utility easement.
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 DEPARTMENTSIDIVISIONS
Engineeringl Public Works! Utilities -
Planning and Zoning
No objection wI conditions (see Exhibit "C")
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 "C")
No objection wI conditions (see Exhibit "C")
No objection
No objection
N/A
RECOMMENDATION
Staff has determined that the subject right-of-way no longer serves a public purpose as a right-of-way, and with the
conversion to a 10 foot wide utility easement, will adequately serve the utility providers. Staff therefore recommends
approval of the request to abandon, subject to the comments included in Exhibit "c" - Conditions of Approval. Any
conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit
"C" - Conditions of Approval.
xc: Central File
S:IPt8nnIng\SHAREO\WPlPROJECTSINE 3'" Street-Monnln A1iey Abandonmenl\AllAN 06-006\staff report.doc
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EXHIBIT "e"
Conditions of Approval
Project name: Monnin Alley Abandonment (NE 3rd Street)
File number: ABAN 06-006
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. The 10-foot wide alley shall be converted to a 10-foot wide utility easement X
to accommodate the existing 2" water main.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None X
PRIVATE UTILITIES
I Comments: I I I
2. Florida Power & Light has no objection to the abandonment contingent X
upon the 10-foot wide alley being converted to a 10-foot wide utility easement
to accommodate their existing facilities.
3. Bellsouth has no objection to the abandonment contingent upon the lO-foot X
wide alley being converted to a 10-foot wide utility easement to accommodate
their existing facilities.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments: None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJEcrS\NE 3n1 Street ABAN.Monnin AIIey\ABAN 06-OO6\COA.doc
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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon)
0 April 18,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
~ May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
D Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM ~ Public Hearing ~ Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the May 2,2006 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board, recommended that the
subject request be approved on April II, 2006. For further details pertaining to the request, see attached Department
Memorandum No. 06-066.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Monnin Alley NE 3rd Street (ABAN 06-006)
Mary Ann Monnin
N/A
Alley located between NE 5th and NE 6th Avenues, extending approximately 150 feet west
from NE 3rd Street
Request to abandon a portion of an unimproved alley located between NE 5th and NE 6th
Avenues, extending approximately 150 feet west from NE 3rd Street.
DESCRIPTION:
PROGRAM IMP ACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Development ~!!!.of City Manager's Signature
ph~.~L l~to, CIty Attorney I Fmance I Humm Reso""es
S:\Planning\SHARED\WP\PROJECTS\NE 3rd Street ABAN.Monnin AlIey\Agenda Item Request Mary Ann Monnin NE 3rd ABAN 06-006 5-2-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06.Q66
TO:
Chair and Members
Community Redevelopment Agency Board
Michael W. Rum;Mlt<U
Planning and Zoning Director
Ed Breese ~
Principal Planner
THRU:
FROM:
DATE:
SUBJECT:
April3,2006
Abandonment of a portion of the 10-foot alley located between NE 5th and NE 6th Avenues,
west of NE 3rd Street, lying adjacent to Lots 68, 69, and 72-75, all in the plat of Arden Park.
(ABAN 06-006)
NATURE OF REQUEST
The applicant, Mary Ann Monnin is requesting to abandon a portion of the unimproved 1 O-foot wide alley located
between NE 5th and NE 6th Avenues, west of NE 3rd Street, lying adjacent to Lots 68, 69, and 72-75, all in the plat of
Arden Park. This request to abandon a public alley was submitted on February 1, 2006. This abandonment is for
the following platted alley segment:
That portion of a platted 10.00 foot wide alley shown on the plat of Arden Park, according to the plat
thereof, recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Florida.
Being bounded by the south line of lots 73, 74, 74A, and 75 and on the south by the north line orlots
68,69 and 72, on the west by the west limits of said plat of Arden Park and on the east by the west
right-of-way line of NE 3rd Street.
The location map attached as Exhibit "A" shows the general vicinity of the right-of-way to be abandoned. The
attached Exhibit "B" - "Proposed Abandonmenr ~hows the location of the subject property and includes the 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 -
Developed commercial properties (Paper Roll Products and J&S Automotive) zoned General
Commercial (C-4);
South -
East
A vacant commercial parcel and a developed commercial parcel (Novo Arbor), both zoned
General Commercial (C-4);
Right-of-way for NE 3rd Street and father east is developed commercial properties zoned
General Commercial (C-4); and
Developed residential properties zoned Duplex (R-2).
West -
Page 2
Memorandum No. PZ 06-066
ABAN 06-006
BACKGROUND
In April of 1913, the Plat of Arden Park was approved. It included several10-foot wide alleys dedicated to the
perpetual use by the public. As indicated on the survey, the segment of the alley to be vacated measures
approximately 150 linear feet, extending west from NE 3rd Street, by 10 feet in width. The unimproved alley
terminates at the rear of parcels fronting on NE 2nd Street, with no connection to another alley or street. The
applicant desires to have the unimproved alley abandoned because it is not being utilized as a right-of-way by any
of the abutting businesses, it is not maintained and there are existing encroachments of private property into the
alley that could be resolved through the abandonment. All of the businesses abutting this unimproved alley have
access to their property through a platted street, either NE 5th Avenue or NE 6th Avenue. Additionally, the applicant
would like to develop her vacant parcel abutting the unimproved alley and the abandonment would help facilitate
that effort, relative to setbacks. Existing utilities located within the alley include Florida Power and Light, Bell South
and a City water main, which will require the conversion of the right-of-way to a 1 O-foot wide utility easement.
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 DEPARTMENTS/DIVISIONS
Engineering/ Public Works/ Utilities -
Planning and Zoning
No objection w/ conditions (see Exhibit "C")
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
No objection w/ conditions (see Exhibit "C")
No objection w/ conditions (see Exhibit "C")
No objection
No objection
N/A
RECOMMENDATION
Staff has determined that the subject right-of-way no longer serves a pUblic purpose as a right-of-way, and with the
conversion to a 10 foot wide utility easement, will adequately serve the utility providers. Staff therefore recommends
approval of the request to abandon, subject to the comments included in Exhibit "c" - Conditions of Approval. Any
conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit
"C" - Conditions of Approval.
xc: Central File
S:IPtennlng\SHAREO\WPlPROJECTS\NE ~ Street-Monnln Aliey Abandonment\ABAN 06-006\staff report.doc
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Monnin Alley Abandonment Exhibit A (~'~7
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EXHIBIT "e"
Conditions of Approval
Project name: Monnin Alley Abandonment (NE 3rd Street)
File number: ABAN 06-006
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
. .
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. The lO-foot wide alley shall be converted to a lO-foot wide utility easement X
to accommodate the existing 2" water main.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None X
PRIVATE UTILITIES
Comments:
2. Florida Power & Light has no objection to the abandonment contingent X
upon the lO-foot wide alley being converted to a lO-foot wide utility easement
to accommodate their existing facilities.
3. Bellsouth has no objection to the abandonment contingent upon the lO-foot X
wide alley being converted to a lO-foot wide utility easement to accommodate
their existing facilities.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments: None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECfS\NE 3rd Street ABAN.Monnin Al1ey\ABAN 06-OO6\COA.doc
DEVELOPMF" 'T ORDER OF THE CITY eOMMlsr 'ON OF THE
'.1
ell f OF BOYNTON BEACH, FLORIOA
PROJECT NAME: Monnin Alley Abandonment (NE 3rd Street)
APPLICANT'S AGENT: Mary Ann Monnin
APPLICANT'S ADDRESS: 11545 Old Ocean Blvd. Unit 0, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 2,2006
TYPE OF RELIEF SOUGHT: Requesting to abandon a portion of the uni~roved 10-foot wide alley
located between NE 5th and NE 6th Avenues, west of NE 3 Street, lying adjacent to
Lots 68,69, and 72-75, all in the plat of Arden Park.
LOCATION OF PROPERTY: West of NE 3rd Street between NE 5th Avenue and NE 6th Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Plannlng\SHARED\WP\PROJECTS\NE 3rd StreetABAN.Monnin A1ley\DO.doc
NOTICE OF PUBLIC HEARING
NOTICE OF ABANDONMENT
NOTICE IS HEREBY GIVEN that the Community Redevelopment Agency Board
of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC
HEARING, on Tuesday, April 11, 2006 at 6:30 p.m. in the CITY HALL
COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, to consider a
request to abandon a portion of an alley located between NE 5th and NE 6th
Avenues, extending approximately 150 feet west from NE 3rd Street, submitted
by Mary Ann Monnin. The City Commission of THE CITY OF BOYNTON
BEACH, FLORIDA, will also hold public hearings to consider this request on
Tuesday, May 2, 2006 and Tuesday, May 16, 2006. Each hearing will take place
at 7:00 p.m., or as soon thereafter as the agenda permits at the CITY HALL
COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard. The request
is described as follows:
LEGAL DESCRIPTION: That portion of a platted 10 foot wide alley shown on
the Plat of Arden Park, according to the Plat thereof, recorded in Plat Book 2,
Page 96 of the Public Records of Palm Beach County, Florida. Being bounded
on the North by the South line of Lots 73,74, 74A, and 75, bounded on the South
by the North line of lots 68, 69 and 72, bounded on the West by the West limits
of said Plat of Arden Park and on the east by the West Right-Of-Way line of NE
3rd Street.
This request can be viewed between the hours of 8:00 a.m. and 5:30 p.m. at the
City of Boynton Beach Planning and Zoning Division, 100 East Boynton Beach
Boulevard.
All interested parties are notified to appear at said hearings in person or by
attorney and be heard. Any person who decides to appeal any decision of the
Community Redevelopment Agency Board or City Commission with respect to
any matter considered at these meetings will need a record of the proceedings
and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to
afford an individual with a disability an equal opportunity to participate in and
enjoy the benefits of a service, program, or activity conducted by the City.
Please contact Patricia Tucker (561) 742-6268, at least twenty-four (24) hours
prior to the program or activity in order for the City to reasonably accommodate
your request.
CITY OF
BOYNTON
PLANNING AND ZONING
(561) 742-6260
PUBLISH: The Post
April 1, 2006
S:\Planning\SHARED\WP\PROJECTS\NE 3rd Street ABAN\legalnot.doc