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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 on ~ ,,' j I ~ . ~ r-- - Nt- Q.Vt- ;2 ~ j:! I J II - 1 in. = 193.6 feet ~ T HAVE NJ:7TJ.f AVC &J - ~~ """'iI Z ~ I I I~ ~ Iff I I I = 7~1 ~ I I I I t ~ IF Fi I .. AVF NF Jot ~Vt:: N E 6TH 4Vs:: / I '\ "- .. ,J n.... ...... Z ./ I-- ffi~ ~ - IT~ I~ I - ~ ~ ,=a I ~ I~' i: 6Ti ., , I :(- I I I~ - TI I I Nt- !'II'" AVF 2: /01 ~ J \ = z: Z T1 ~ ~ ~ I-- ~ 1 f I ~ ~ I j~ I I i ., "'" I I 1 I - Jd m I I 1 I ~ H I J ~ ~ jl I I E ~ ~ z ~ ... I I 10 Ti I I ~ NF :......r A .VF 2: ~ I r 7 I n ~ ~ I~ I ~ I ~ E I J ~ II Mil ~ I I F ~. l --...... BLVD - K(J'I' ILJN { Monnin Alley Abandonment Exhibit A (~ ' I 7 ~ IIDI . li.!l.ilUl r~ ~a~5 1-:51-Cl. ea:a~g O:lo~ ~~~~I- 8~~~~ ~~~~; llO<;;~ ~l.)~Wr'l Q.~;!~~ ffi3""~~ Qm"">w ~~~~~ ~~g~?( ....~u..$;:: ~~~~~ ~=:J%!r ....w::oS,2 ~~~~~ i~~:~ o ~81-'D~ UJ U) >el- g 7i;~~:~ ~ ~:5~St; ~ ~~8~~ m WClDW::l: o ~WOZ.... ;: ~~~~g ~ <~:a:~ :: ~C::.e~lI:: o Z~~~~ ~ ~ffitt~~ ~ ~~~~~ 5 I-....~~~ ~ ~~8U)o ---r-- ~I ;<:Jj ,: -() '" Jl71-~ /1 -' <\. ~ EXHIBIT B >.7';>#':;019 ''J'V~ ,t- , . ., ~ ~ <o(~ ~ ~ 0( ~;: g ~ 5 ~5 ~ o :E OIIz w ~ ~ >-;::j ~ is ffig ~ 5 ~ Co- E ::I ~ ~ . ~ :;: ~ i_ ~~U~~n ~ ..:::;;;; ~~ 11.1 ::>..l'" I;).()lf.l.... ... aiL :5 ~ g _~==Ji O~ ~ ~ - h~~~~ ~~] ~~c,: lH ::.E g ~'~l9~__ -~\~ ~~:'-..j~ ~~ ;~~ '9> I ~ _!...~ ~~ ," I '" ~ '1; !I~~! l~ ""~ iQ ~i' ~~ 5 ~ "7 ... \ ~ ... s '\ I I , I ! \ I i 1 , , ~ ~ 2 - . , ~& I: ,rrs; ~ ~ s * ;:: ... S ,0>0; Ol ... S , . o \1,10 ~'- ",. ",>- Q~ ~ 8 ~ ~ ... S !H~HL q :i!!!::!ll h.'O~l .1{..1 'b..~'; B1i:'", ..:'~ ~i~.c@}i~o~ "e, ~'9> >-0'" .,....0 ~~g e~5 .:l:ct:a. ~~~ ~~g <<mo ~~~ ~~~ <<>-0 ~g~cr: ~~~~ ~ ~5~~. li: ~~~S a:: a:.1-j::.::I ~ ~~g8 ~ i~~~ ;i ~gs~ ~ ~i~~ ~~~~ tLis::,:u> gG::;!~ ....;Eff:g :i::<w ~~s~ ffiffi~.~ OJ:~Q. C:::l-lJOw ~~6i: "'I/JZllo. ~~~~ -<<l&J ~~~~ g~ON o ::;:~ 111".... ~ ~s ~!i! "' - ~~ fj~ ;3 ~ ~~ ~~ ~~ ~ ~~ ...~ S~ ~ QeCi ~~Ci ~~~ ~~~ ~ w c=~~ ~ i;;~~ ~~~ ~2~ ~Q s~~ ~~~ ~~~ ~~ ~::g &2~ ~~~ ~~ ~E~ ~~g ~g~ ~~ S~! ~~~ ~~~ ~~ gE6 ~~~ ~~o -" \ i ~~ -''' ~~ >-L "'. "'~ ~Hh~i; O!!.,."" I~UHHn 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 File ..z t>l -i -- t"'+ CD r -- :J CD ~ 5" II ...... o 01 ...... -.. CD m. c ~ .. I!!' ~.: t/i ':'.':' -1 ,.,J. .-.4 if:$- ,,~,.f' ;:,,,.. {,,;" 2~~ k: : a:X !; ::5; 'asl'l~. ~._...",.:(.$ ii'" .~ '" '.~ tf~ I~a ,Ii_ 'N- +~ if' o ,n '1- 0; ~ '1;'"''''' ; !"o,., .< ..... 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