REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-066
TO:
FROM:
Chair and Members
Community Redevelopment Agency Board
Michael w. Rum~t0
Planning and Zoning Director
Ed Breese ~
Principal Planner
THRU:
DATE:
April 3, 2006
SUBJECT:
Abandonment of a portion of the 1 O-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 of lots
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" shows 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);
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
South -
West -
Developed residential properties zoned Duplex (R-2).
Page 2
Memorandum No. PZ 06-066
ABAN 06-006
BACKGROUND
In April of 1913, the Plat of Arden Park was approved. It included several 10-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.
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 "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
NIA
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:IPlanningISHAREDlWPIPROJECTSINE 3" Street-Monnin Alley AbandonmentlABAN 06-0061staff 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
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments:
1. The lO-foot wide alley shall be converted to a 10-foot wide utility easement
to accommodate the existing 2" water main.
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None
PRIV A TE UTILITIES
Comments:
2. Florida Power & Light has no objection to the abandonment contingent
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
wide alley being converted to a 10- foot wide utility easement to accommodate
their existing facilities.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I To be determined. I I I
S:\Planning\SHARED\WP\PROJECTS\NE 3'd Street ABAN.Monnin Alley\ABAN 06-006\COA.doc
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 06-026
TO:
Ed Breese, Principal Planner
Planning & Zoning Division (~
H. David Kelley, Jr., PE/PSM V
City Engineer
FROM:
DATE:
February 17, 2006
SUBJECT:
City Abandonment Petition No, 06.
10-foot Alley R/W, located between
NE 5th Avenue and NE 6th Avenue, west ofNE 3rd Street
Application by Mary Ann Monnin'
Monnin Properties LLC
This memorandum is in response to your Memorandum dated February 14, 2006 on the above
noted subject. A proposed legal description was located on the accompanying survey, but not a
component of the application.
We note that both the BellSouth Company and the Florida Power and Light Company have
overhead lines within this alley. You are advised that the city Utilities Department also has a 2-
inch water main located within this right-of-way.
Therefore, this Division will only support the proposed abandonment with its conversion to a
utility easement. Please keep this Division informed as to the progress of the application. If you
have any questions, please advise me at x6988.
xc: Jeff Livergood, PE, Dir. ofP.W.
Laurinda Logan, PE, Sr. Engr.
David To1ces, Esq., City Attorney's Office
Peter Mazzella, Deputy Utility Director
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