LEGAL APPROVAL
The City of Boyrtton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
January 24, 2006
www.boynton-beach.org
Ms. Kim Glas-Castro
Ruden McClosky
222 Lakeview Avenue #800
West Palm Beach, FL 33401
Re:
For:
File No.
Location:
Palm Cove (fka Miller Road Project)
Abandonment
ABAN 05-008
On the east side of Old Dixie Highway, approximately 1,250 feet south of the intersection
of Old Dixie Highway and Federal Highway
Dear Ms. Glas-Castro:
Enclosed is the City of Boynton Beach Development Order for application item ABAN 05-008, which
represents approval of a request for abandonment of the southwest corner of Lot 6 of "Killian's Park";
thence east along the north right-of-way line of Miller Road. The City Commission approved this
abandonment on January 3, 2006.
Please note the Conditions of Approval, including the possible requirement for the dedication
of an easement.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 742-6260.
Sincerely,
.7 , Ir-
;VU~
Michael W. Rumpf
Director of Planning & Zoning
MWR:ad
Attachment: Development Order
Conditions of Approval
S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\ABAN 05-008\Approvalletter after CC.doc
DEVELOPME~'-- ORDER OF THE CITY COMMIS~' 'N OF THE
cr. r OF BOYNTON BEACH, FLORIDA
Development
paz
Building
Engineering
Occ. Llcenlll
Deputy City Clerk
PROJECT NAME:
Palm Cove (Miller Road) Abandonment
APPLICANT'S AGENT:
Kim Glas-Castro of Ruden McClosky
APPLICANT'S ADDRESS: 222 Lakeview Avenue #800 West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
January 3, 2006
TYPE OF RELIEF SOUGHT: Request to abandon approximately 450 feet of the Miller Road right-of-way
(Killian's Park plat).
LOCATION OF PROPERTY: On the east side of Old Dixie Highway, approximately 1,250 feet south of the
intersection of Old Dixie Highway and Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Community Redevelopment Agency Board, which Board found as follows:
OR
X 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:
7.
DATED:
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. . ~-- ~-"'-7"--;:-'-:~ . .. ..:..:;:~~
.~ ....I~ (~! ir; fi I'. i.1
The AP~~~S D 1 r'3'-"'--'uu_u_cui i .1,1.
HAS NOT I ~J L~: :: r: _ -.. J I ~.
established by substantial competent evidence a basis for the rel~~~~~~!<~~!~~':!~'.~~C\f'_~_~~J_l
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".
2.
3.
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.
Other
I-IQ-ofo
S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd
I^~
."
EXHIBIT "D"
Conditions of Approval
Project name: Palm Cove (Miller Road) Abandonment
File number: ABAN 05-008)
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Approval of this abandonment request is subject to the approval of the X
accompanying request for annexation (ANEX 05-005), land use amendment I
rezoning (LUAR 05-014), and site plan (NWSP 05-031).
2. The plat contains a reverter clause, which states "reserving however, unto X
themselves, their heirs, assigns or legal representatives, the reversion or
reversions of same, whenever abandoned by, the pubic, or discontinued by
'.
ioI>l,. ..#
""""'"
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
law". The adjacent property owners have been informed of the existence of
the reversionary issue. Redevelopment or expansion of the adjacent
properties following abandonment would require the property owners to
establish proof of clear title as a condition of redevelopment or expansion.
3. Provide a vehicular turn-around area at the eastern terminus of Miller Road, X
which meets Engineering and Public Work standards. However, if Palm
Beach County determines that improvements are not required, then no
modification will be needed to the current configuration of Miller Road as
depicted on the accompanying site plan (NWSP 05-031).
PUBLIC UTILITY PROVIDERS
Comments:
4. Florida Power & Light: FP&L has no objection to the above referenced X
abandonment as long as currently there are no existing FP&L distribution
facilities within the requested area. A boundary survey will need to be
provided to FP &L to determine the exact pole locations. Should FP&L
facilities exist in the portion of Miller Road requesting to be vacated, there are
two (2) options:
An easement must be granted to cover the existing FP&L facilities prior to
the right-of-way abandonment; or
The customer pays all costs associated with the removal and / or relocation of
existing FP&L facilities. It will be the customer's responsibility to provide
the necessary easement to cover any relocated facilities.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
5. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
6. To be determined. ~
S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\ABAN 05-008\COA.doc
EXHIBIT B
!:J,(ETCH' ANDDESCRIP nON
RIGHT-OF-WAY
A PORTION OF MILLER ROAD'
"KILL/AN'S PARk"
PLA T BOOK .tJ. PAGE 195, PALM BEACH COUNTY RECORDS
SCALE: 1 n = 80'
LOT 15.
LEGAL DESCRIPno/Y: RICHT~()F-W.AY ABANDONMENT
A PORlTON OF mE RIGHT-OF-WAY OF MILLER ROAO.A5 SHOWN ON THE PLAT OF "KILLIAN'S
PARK: A(X:OROIN~ TO THE RUT T1:iEREOF;. AS.RECfJRE>.Ef). INPUT 8DOK2J; PAGE 195'Or THE
PUBUC Rt(;(j~O$ OF PALM BEIocHdotlNrn tibR!1J~.. b.$C.!{lfJED' ASFQLl.OWS:
fJrGlNNlNG AT mE SOUTl-i1YESTCORN.fH OF L'OT liOF SAlO-KWiJ,N's PARK~: THENCE EAST,
ALdNG: lHENOR7H RIGHT-OF-,-WAY'uNIt'CiFSAIIJ MIllER ROAD: A bisTANCEOF450.00 FEET;
IHENCESOUlH ()800'15~ ItES1; ALONG IHE EASTRIGHT-.OF"'WAYLINLOF MILLER R.OAD, A
Disr;>,f/CE OrJo.~1 'FEET; 7JlfNCE iWs.r;A~ONC tHE~Q/.JlHR;Gf(T~lf-WAYlJNt ,OF M1LtEh
I?OAD, A DISTANCE OF 445; 49FeET; '.1HEN~ NORtH, A' DfsTAIlCE': OF 30.0b FUr; TO mE POINT
OF~w~ '
l:.EC>END:
i. Nar VALlO 'r'ATHOIIT 1IfE: S/CNATIff/f: ANO ORICINAL RAISeD
SEiIL if .4 FL~f/}A 1JCEN!iE/) SlJR-.E"roR, .t wAPPER,
2,'eEAR/NCS SHOWN HfREON ~ REU,11VE TO /<ILUAN'S PARK"
AS8ECOR{JE1J/1I fLAT 800K 2~ PAGE 195. qF THEPUBUc
81iC€!QDS, (JF PMJ/ ~CH CO(JNTYFl.()RllJA. AND ARE
REfl:RRW 10 j,N ASS!JMW BEARING OF EAST ALONG mE
ffoftTHfflGll'T-,QF. -*A Yl.1#E OF" uliLEIi ROAD. '
.1' THIS /s'f'!(JT A J:AN() SlJ81a
ABS~lUTE
, SURvEYING INC.
LN!IO 5t11?~
21~ g(l6ts8.YBt. \fl.
DE:EPF1ECD BEACH. F.I. JJ#2
(~.,) ,.,2/-"170
UceNSED BiJSlNCSS No. l86218
SURVEYOR'S Cml1F1CA IE:
1 jfER~'t (ER1'/t:y.tHAT lHts 'S!<EteH ANDDEscRlPTTON" IS TRUE AND
CCWREc:r 'TQT1E BEST or WY KNOWLEDGE: AND BEUEF. I. FUR1IfE:RCERTlFY
1JfAT :7H/Sa,,!jffff!' ~~~!!!r. M/fJIMU"f '~~~'AI!J?S AS: SIT
FORTH', ''/nc:rdJRJDkB"""u' OF PRoR!SStWAl '<.1JFi.~,Vtf~ ANO
I,MfF?EI!S1I! CHlIPTEfl, 61GH-6,~ FlfJIj.,Jf)~..l'!J#IN/$JllMM COjJE
PURSUANT TQ !iEC71ON :J7.2:...a21, 'Jfji?tl!.:~SJ."'ffJ~ . . '.. ~.
.::- -. ~... ~.. . .
- ,
9-~. -0)' .ivr... .":''''''.:'';~I ,i~,> f. .-....~;
DArE: ~ BY: ,:~-u.>.. ..r ~.
:;''-:'J!W;,titu/l. AI~(;W'l-' :~
PRff.r!5.SltfJ,Q sllnlltYnit .. ftAePER
~Cfi.f:.CJ!S.lJ!M1OH Nji:~!S18SI.:
;~..'~'~P{r:;JJ.ECT PD.: .00759
>/).4.1]: ffl/PfJ..>' CXD
8-1-(15 MRN
j)ltN
LD
P08
POt;
= Pa!tJOF BEGINNING
= POiNT oF CouutNcrnENT
SURVEYOR'S NOTES:
REMSlON
SKETCH" fJESCRlPOOV
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-223
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
THRU:
FROM:
Michael W. Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP ,{'/'c~L
Planner 1
DATE: December 7, 2005
SUBJECT: Abandonment of a portion of a 3D-foot right-of-way (Miller Road)
ABAN 05-008
NATURE OF REOUEST
Ms. Kim Glas-Castro of Ruden McClosky is requesting to abandon a portion of a semi-improved 3D-foot right-of-way,
located on the east side of Old Dixie Highway. The subject right-of-way, named Miller Road, is located
approximately 1,250 feet south of the intersection Old Dixie Highway and Federal Highway. The abandonment
request was submitted on September 21,2005. The portion of the platted right-of-way to be abandoned is 30 feet
in width and approximately 450 in length. It is described as follows:
A portion of the right-of-way of Miller Road as shown on the Plat of "Killian's Park", according to the Plat
thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida,
described as follows:
Beginning at the southwest corner of Lot 6 of said "Killian's Park"; thence east, along the north right-of-way
line of said Miller Road, a distance of 450.00 feet; thence south 08033'15" west, along the east right-of-way
line of Miller Road, a distance of 30.34 feet; thence west, along the south right-of-way line of Miller Road, a
distance of 445.49 feet; thence north, a distance of 30.00 feet, to the point of beginning.
The following is a description of the land uses and zoning districts of all properties that surround the subject right-
of-way.
North -
Developed single-family homes, classified County Medium Residential (County RM-5) and
zoned County Multi-family Residential (County RM);
South -
Partially developed residential property, classified County Medium Residential (County
RM-5) and zoned County Residential Multi-family (County RM)
East
Undeveloped property, classified County Commercial High (County CH-5) and zoned
County General Commercial (CG); and
West -
Right-of-way for Old Dixie Highway, then further west is right-of-way for the Florida East
Coast (FEe) Railroad.
,.
Page 2
Memorandum No. PZ 05-223
ABAN 05-008
BACKGROUND
Although not indicated on the sketch, the applicant has informed staff that the substandard roadway is 13,432
square feet or 0.308 acres in area. Exhibit A - "Location Map" shows the general vicinity of the roadway to be
abandoned. Approximately 260 feet of Miller Road immediately east of Old Dixie Highway would remain intact to
serve the three (3) parcels remaining on the north side of the street which are not part of the proposed 121
townhouse development called Palm Cove. The remaining section of Miller Road, approximately 450 feet in length
and running east, would be totally within the proposed Palm Cove project. Exhibit "B"- "Proposed Abandonment"
shows the exact location and dimensions of the subject site in conjunction with its legal description. The subject
right-of-way lies within the boundaries of the Killian's Park plat. The plat, originally approved on December 6, 1951
(see Exhibit "C"), included 29 individual lots. The intent of this abandonment request is to integrate the abandoned
portion of the right-of-way into the design of the accompanying site plan (NWSP 05-031). Therefore, approval of
this abandonment request is subject to the approval of the accompanying request for annexation (ANEX 05-005),
land use amendment / rezoning (LUAR 05-014), and aforementioned site plan (see Exhibit "D" - Conditions of
Approval).
The Killian's Park plat also contains a reverter clause, which states "reserving however, unto themselves, their heirs,
assigns or legal representatives, the reversion or reversions of same, whenever abandoned by, the pubic, or
discontinued by law". The City makes no representation regarding the impact of the reversionary language on title
to the adjacent properties. The adjacent property owners have been informed of the existence of the reversionary
issue. Redevelopment or expansion of the adjacent properties following abandonment would require the property
owners to establish proof of clear title as a condition of redevelopment or expansion (see Exhibit "D" - Conditions of
Approval).
ANALYSIS
When a right-of-way, such as this substandard roadway, is abandoned, the ownership of the abandoned land is
transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would
be affected by an abandonment request. Normally, one-half of the right-of-way is conveyed to one (1) abutting
property owner and the other half is conveyed to the other abutting property owner. In this case, the right-of-way
would be located totally within the proposed Palm Cove townhouse project. Adequate public notice was given to all
affected property owners in accordance with Chapter 22, Article III, Section 4 of the Land Development
Regulations. All public utility companies have been notified and the abandonment request has been advertised in
the local newspaper.
A summary of the responses from the utility companies and city staff is noted as follows:
cm DEPARTMENTS/DIVISIONS
Engineering
Public Works / Utilities
Planning and Zoning
No objection
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
BellSouth
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
Approval with conditions (see Exhibit "D" - Conditions of
Approval).
No objection
No objection
No objection
N/A
'.
..
~.".
Page 3
Memorandum No, PZ 05-223
ABAN 05-008
Excluding Florida Power and Light (FP&L), all public utility providers have indicated that they have no objection to
the applicant's request for abandonment. A dedication of a utility easement would provide the necessary protection
FP&L is seeking and grant the City and other utility agencies, legal access to the property for maintenance or
upgrade purposes.
It should be noted that Miller Road is a County road and Palm Beach County was notified of the proposed
annexation of property abutting their right-of-way. The Palm Beach County Planning Division and Engineering
Division are requesting the City consider an adequate (vehicular) turn-around area at the end of Miller Road for the
benefit of the remaining homes located on Miller Road, outside the boundaries of the subject project (see Exhibit
"C" - Conditions of Approval).
RECOMMENDATION
Staff has determined that the portion of the subject right-of-way to be abandoned does not serve a public purpose,
and therefore is recommending approval of the request to abandon a portion of the 3D-foot unimproved roadway as
described above, subject to the comments included in Exhibit "0" - Conditions of Approval. Any additional
conditions recommended by the Community Redevelopment Agency Board meeting or City Commission will be
placed in Exhibit "0" - Conditions of Approval accordingly.
S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\ABAN 05.008\Staff Report.doc
LOCATION MAP
Palm Cove (Miller Rd) Abandonment
Exhibit "A" ,
,
I
,
,
Subject
Right-af-way
>-
~
.:r
LI.J
8
o
o
....J
o
~
City Boundary
230 115
I
o
230
460
690
N
920 +
I Feet
'XHIBIT B
SKETCH AND DESCRIPTION
RIGHT-OF-WAY
A PORTION OF 'MILLER ROAD'
"KILLIAN'S PARK"
PLA T BOOK 23, PAGE 195. PALM 8EACH COUNTY RECORDS
SCALE: /" = 80'
LOT 15
LEGAL DESCRIP770N: RIGHT-OF-WA Y ABANDONMENT
A PORTION OF THE RIGHT-OF-WAY OF MILLER ROAD-AS SHOWN ON THE PLAT OF "KILLIAN'S
PARK", ACCORDING TO THE PLA T THEREOF, ASf?ECf)RDED IN PLAT BOOK 23, PAGE /95 OF THE
pUBUe RECORDS OF PALM BEACH CQ(.!NTY. FLORIDA. DE:SCR1BED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORN,ER OF LOT 6 OF SAID "KIWAN'S PARK"; THENCE EAST.
ALONG THE NORTH RIGHT-OF-WAY UNE OFSAID MILLER ROAD. A DiSTANCE OF 450.00 FEET;
!HENCE SOUTH 08'J,J'IS" MEST.. ALON,G THE EASTRIGHT-OF~WAY LINE OF MILLER ROAD. A
DISTANCE OF 30.34 FEET; TH~CE l-\F~r. ALONG !'HE SQUTH RIGHT-OF-WAY UNE OF MILLER
ROAD. A DISTANCE OF 445:49 FEET: THENCE NORTH, A DISTANCE OF 30.00 FEET. TO THE POINT
OF BEGINNING.
LEGEND:
POB = POINT OF BEGJNNINC
POC = POINT OF COUIJfNC[MCNT
SURVEYOR'S CER1lnCA TE:
I HEREBY CER7IFY tH", TTHlS 'SKETCH AND DESCRIPTION' IS TRUE: AND
CORRECT TO THE: BEST OF MY KNOIltEOCE "'NO 8EUU. I FUR1IfER CER71rf
THAT THIS $KITCH MEE~. THE I.IIIJ/MUlf~~WJO#iQS AS SCT
FORTH BY THE: H.ORIDA BOM?O CF P~Al 9iRl'fl'ORS ANO
MAf'PERS IN CHtlPTER 61r;17-~ Fl.Ofi./D-t.IllJ)I.INf$.T/?AJ&f CODE
PURSlJANT TO SECTION -472-027, 'J~J2..~~~~~s. . , - , "
SURVEYOR'S NOTES:
I. NOT VALID 'MTHOIJT THE SIGNATURE AND ORIGINAL RAlsm
Sfi4/. CF '" FLORIDA UCCN$CO SlJR'-CYOR .t MAPPfR,
'2,BEARING'> SHOYrN HEREON ARE RELATIVE TO "KILLIAN'S PARK"
AS RECORDED. IN fL/tT BOOK 2J, PAGE 195, OF 1HEPU8UC
RECORDS OF PALlA, BEACH COUNTY FLORIDA. AND ARE
REFERRED ro' AN ASSUMf:D BEARING or EAST ALONG nit:
Noi?TH F?lCi:/T-OF'-WAYUl{E OF MILLER ROAD.
.1 THiS IS /,/OT A UNO SURVEY.
AaS$lUTE
SURVEYING INC.
LAND 5lJRIOmS
:I.':; GQCLS8Y 8t.l-D.
DEEf/FlEl.D BEACH. FI. JJ~2
(954) 42/-4/70
UCO/SED BUSINeSS No. L86218
9":S'pS"'
DATf:
BY:
f;r~:~."t~~-
;:....... I1Ircpm R. Uw'O!/Y' .. _
P!tff.r:5.~,WAL SIJRvtmf? .t fii'l.fPfR
~~-Rf:<i!S!EAilON No:'W851
'..:~' -P{r-fdJEc.r-.No.: .00759
REIt1SlON
SXETCH ct DESCRIPTION
D'ItN
LO
1JAJ.E:
8-1-05
FB/pg.
CKD
MRM
I C~NG~BEnl
1-22;; ( /
/ /[-1-
~/~. ~~' \1 'I l~
"L \Jj ~
': r ~. n "
,: !' g ~
i" ~iJ
: - \l~~ 8 ;
I ~ ~ i'
! ~ ~ r
I' /; b ~
, (i~,
I
I
V>
~
o
:0
Z
)>
&
c'
C
lJJ
U>
()
:0
iD
"'
~ J:f~ ~
~ ?\ :u
'-..J ,~
~ ;~ ~
d f:~. ~
~ !
,
'! ~
, j ~
I '.j.J _,'
\
(
'\
.\
\
(
\
'I
\
J ~
:, '\JJ
:~
I~
U \ "" ,.~,
" ~~~~~~~~~ ~~o-:'tl~I ()Ul P
=i ~il{)o;:"~,..., O)! n
~:~ti~~i~ .. ::) .. ~ ~ ::0 C-j ;A
Z ~ t 3: ~ ... f'Tl
"' Z'" 0
U> ~~~~-;~ ~~~ :i~~~~.~ ~o
U> ~~::):)-x n 5::
~ ~ ~ ~.~ ~ (? ~ t ~?~~~~ 0'" r
",,,, '"
~l-.~t~ ~ i~~ ~R[~~:j ~S 0
~ ~ ~l~ ~ ~ ~ ~ g ~i~;~3 Cl
< r::':' r1
\ ~~~~~~~:D g ~~ ~~~ ;;;:0 s:
p['1
, HrHHH ~ l~
"- -ti t. ~ .::) t.. 0:.::
~ ~1~l~ ~ P
t n
~~~*~~ I
, ~.~ ~ ; ~>~ ~ ~ ~
" (J)
\, '- ~ c: ~ r ;; l~ ~ ~~~'g-~'~ (J)
~~?:r~~~ :~i~~~
t };;~~;t~ " ~ \;l ~ t! ~
~ ~~~~~~
! .~ ~'i~~ ~~~ t ~ ~ ~ ~~
.> ~ ~~ ( ~ ~ [~ '; ~ ~ ~ ~
~ ~~~~~~~~~ " ~ ~ ~...
~ ~t..c..~g~~~ ~~~;)~~
.~ .;~ ~~~~ t g ~Q-tl"'~
{ ~~{) i~~~ ~~ ~ t ~
" t' ~ 3 ..
i~li~ ;;;g t~ ~ ~ ~
~r~~~~r? ~ ~~;.~
~ ~ 2~~ t~.~~
0 :J.; " .J 7 ~ ~
l-: i~
~ ~
]"~ ;~
I'-. !
~ I
~ ~
I
,
,
J
r
~ ~
~ -~l~
~ I
..'
,/ ,.-.. \
! )
~.
I . z
i't' ''''
I!\n
It ~ G:
10') '< l/l
ri~ r,' ~
I ~,
I ~;
'.' t
? ~-
l
;~ c;~ii ~~f~'~~~ ~
~,~~~~'\~~-?~~.~ ~
~ t ~ ~ ~ ~~ i ~ ~ ~' ~ )>
~~ l~" t::i?~~~~ ~
~~~~~~~?~,~~.~~
5~:>>~~~~-?~.).(f~~ z
~ ~ ~l~;' ~ ~ i ~ !. ~ ~ ~
.~" ")1'~"!tt"'~~-1
~ ~ f~ ~ ~.~ ~ t ~ ~ ~ ~
~ ~ rli~ ~b~~~~ ~ ~
z ~ ~ f\ ~ ~ 1\, tl ~ ~Q 1)
i)t: ~$~~\,,-""''( ~i\'-:U
~!~~~~!~~y~g~
~;k ~it:~~~ ~.t~
til\"'~l~ ~~~~Q,;,-f
$ ~ j ~ ~ ~ ~~ ~ ~ i. ~ ~
~ ~ ~{~~~ ~;~'~"~~
~~ i~': ~~;~ti[~
~~.; ~~~~~i ~ ~'f~
~ ~ ~ ~ ~"i ~.~ ~.~ ~~ ~
~ i ~!~ ~~ ~t~~:
~ ~ 'tt: ,,~:) -=t ~ ~ ~
~~~~;.~~ r~"<~ ~
(,:......~ ":.tl'l'~~~~
~~~~~~a.+t:l~~~
"'~""'ot 3.:~;vlt)~
~
~
.~
:,
,
f'
1)-l:Ii;,b'-;
oi ~ t! 3. I
~ ~ r~' ~
~~~ ~ ~
'> ~ l:l.... 0
i~~~g
t;~(j
4 g ~ ,t ~
~ l:I ~ ~
l ::a \0 ". ~
t\ l\ ~ II
~g~~
~g ~ l
~ ~ ~ ~
~ ::t "( !t
~~~~
~ltt'\\
~ ~ ft
~r~ ~
~~~~
~; ~ ~
~ ~!~.
"~~~
{ "~
/
l-O''AVV1NG NUM8:" J
~mvw~.-:-""';;; ,......... ,.
nUl 0
o -j ['1
CP 0
Z-t n
.; fTI P
-< 0 -j
0'" 0
"'T)""'l7
,- ~
~O
r:IJ
>::6
mP
['1
P
()
I
Y>
(J)
nlJ1IP
g:;1 ~
~~ ~
-< r, <:
0" :~
.,,~
~S
r:IJ
>::5
mP
['1
P
n
I
V1
o
(
E ~Frrg!T ~
.........,""~CM"":l'\O..'.... . ........ ,..
....-......,......~_.
J..
(.: J ..
i.. .~
~J' ",
. ~1
I' ~... ~
'.,) ,....c:' "
c'
:,.'
0> .
1$1.t':'
;'I)
"
_13sy
6.:t.
~ 1_ ~~1
i J~-<;~'
" J>
. ~ e::- ,,_.
,h> f\) ~
;rlri"":~~'r :0
.' ,
:' :".' ~.i . t ,~.~., =.1
!I~ '3:~~ i ~ r"..~J:o, !~!
r. ';V,rj b I. "~'''_":~
I ~ i '3'1 ~
[:~:I~'::;\ ,,.
I .::--~, '-~/
. tD~. i0W-
~', ~r-'-. G11~1
r:::~----; ,,.Y~;~\ ~ vV
I" CD.! ~,y,'. __) \:)
I.; "~'( i I !'~~O] ..~ 'v ~
{::~~] 't':::". '
: 1f.>i~'O-~iF::~),-:
U;
".J
~(_., -:'~- -; ,:
~"
-;-;'-_'--' /""<1' I " ~ l
;. ,~-;-~.~.. ~
~,~ ~-...... ". <,; """""1 I
-- "~_j -'''--...,L..
--.......,
"
.
,.- .
.. ..---
o
j,
)
,
;11
.' .
~
z
(j)
)> ['1
Z()
, '-j
00
~z
n -'1
Op
::Djj
0,........
fTl r"
Oz..-
-' )>
::DZ-l;/
fTl '0 Q ;~.
(),<:
o 1> Z ./
,-Q-j ~ T
iJ! CD ~ 1..-':;
08 '~'D
']:;>-..or
.., :-e: )>
, -j_J-j
2: -<C1'
o
fTlj;'l
CJZ -j
'I ...,
-< ::0
I )>
o 0
Z fTl
fTl
S
OJ
'--'
IJ;
C'l
()
o"c
ef\)
z
-j:-'
.-< :-a .l>
'lQ7
5 fTl G~
::D (f) iT,
-fTl']
0<0
)> ~Tl :::0
z .
-j::;
-< \'
I '
-j:::;J
I="-
::0 .~
rTi
--Iz -
'r
,.L 0
T(f)
fTl "
"
-....J ,,)..)
(;) ,~
:-' ,.{ (
.'
U' , Ii
,
0'
."
.;.
<~
<
,
~~
~~-
N ..
r
.,'
(f)
c:.:
CD
(,~)
'..
(f)
0
-/
<
C
'1
,
_.1
(f)
l
:X1 ?\
-< .. -
I r
iJ' r
"
,", ...-.
( }) ~
~J.l Z
~
I (f)
X
....i
-0
)>
(J; ;0
.,'
::A:
r<:
(f)
-j
)>
-!
I'l
(f)
, \
.."
.-.;
,
"':t.
~'~(~:.;rig~;,"::.>
.;O'.~%cc
.. '~.~ ,~,d
, \
." . ,.-",
.. ~.)~ ;" "--;'?',
~., ;-~ '/t.~, it(
(~
" ~
~ '_.j"
__.....-:- ...J
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Community Redevelopment Agency Board will conduct a
PUBLIC HEARING at the CITY HALL, COMMISSION CHAMBERS, on Tuesday December 13,
2005 at 6:30 p.m. The City Commission of the CITY OF BOYNTON BEACH, FLORIDA, will
also hold a public hearing at CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON
BEACH BOULEVARD, BOYNTON BEACH, FLORIDA, on Tuesday January 3, 2006 at 7:00
p.m., or as soon thereafter as the agenda permits, to consider a request for abandonment of a
segment of Miller Road, a 30-foot wide right-of-way, submitted by Ruden McClosky. This right-
of-way is located along the east side of Old Dixie Highway, south of the intersection of Old Dixie
Highway and Federal Highway, more particularly described as follows:
A portion of the right-of-way of Miller Road as shown on the Plat of "Killian's Park",
according to the Plat thereof, as recorded in Plat Book 23, Page 195, of the Public
Records of Palm Beach County, Florida, described as follows:
Beginning at the southwest corner of Lot 6 of said "Killian's Park"; thence east, along the
north right-of-way line of said Miller Road, a distance of 450.00 feet; thence south
08033'15" west, along the east right-of-way line of Miller Road, a distance of 30.34 feet;
thence west, along the south right-of-way line of Miller Road, a distance of 445.49 feet;
thence north, a distance of 30.00 feet, to the point of beginning.
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 Planning and Development 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 BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH:
The Post
December 3,2005
Copy to:
City Commission, City Attorney, Mike Rumpf, Agenda File, Original to Legal Ads File, Applicant's Folder
s:\CC\WP\legal ads\P&Z ADS TO THE POST\2005\ABAN 05-008 - Palm Cove (Miller Road) Abandonment.doc
~
AFFIDAVIT
Quasi-Judicial Notice Sign Posting
Voluntary Annexation, Land Use Change, Rezoning,
Abandonment and Site Plan Petitions
PALM COVE
Petition # ANEX 05-005, LUAR 05-014, NWSP05-031, ABAN05-008
I, Kim Glas-Castro, agent for the applicant, East Coast Communities, Inc. have caused to
be posted two (2) new public notice signs along the Federal Highway and Old Dixie
Highway frontages of the subject property. These signs serve as notice of the pending
petition considerations on December 13, 2005 and January 3, 2005. The replacement
signs were posted on Saturday, November 26, 2005 to replace those posted on November
13, 2005 (photos attached).
K~~
Kim ~-castro
/It ~;)-f6 - D S.
Date
State of Florida
County of Palm Beach 'L
The foregoing instrument was acknowledged before me this Jff day of Aby'~V
2005, by Kim Glas-Castro, who is personally known to me. .
(Seal)
7J1;3JJk1~
My Commission Expires:
...~ DENISE M. ENDERS
~.~ MY COMMISSION' DO 161556
EXPIRES: October 28, 2006
Ilonded Thru NoIIry NlIig Unclllwrtlel1
WPB:120651:24
NOTICE OF PUBLIC HEARINGS
NOTICE OF VOLUNTARY ANNEXATION, LAND USE PLAN AMENDMENT,
REZONING, ROADWAY ABANDONMENT, AND SITE PLAN APPROVALS
NOTICE IS HEREBY GIVEN that the Community Redevelopment Agency of
THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING,
on Tuesday, December 13, 2005 at 6:30 p.m AND the City Commission of
THE CITY OF BOYNTON BEACH, FLORIDA will conduct a PUBLIC
HEARING, on Tuesday, January 3, 2005 at 6:30 p.m. or as soon thereafter as
the agenda permits; both hearings to be held in the CITY HALL COMMISSION
CHAMBERS, 100 East Boynton Beach Boulevard, to consider these requests
submitted by Bonnie Miskel, Esq. and Kim Glas-Castro, AICP of Ruden
McClosky on behalf of East Coast Communities, Inc. The requests are described
as follows:
LOCATION: West of Federal Highway, East of Old Dixie Highway, and Generally
South of Miller Road.
REQUEST: Voluntary Annexation
4.446 acres comprising twelve (12) parcels of land
REQUEST: Small-Scale Land Use Amendment
7.402 acres of land from CH, RM5, CG, and LRC categories
to Special High Density Residential. Subject area includes
area to be annexed plus lands already within the City limits.
REQUEST: Rezoning
7.402 acres from C3, C4, RM and CG districts to Infill
Planned Unit Development - IPUD
REQUEST: Abandonment of a Portion of Miller Road
eastern 450' of right-of-way lying within the proposed
redevelopment project
REQUEST: Site Plan Approval
infill redevelopment project consisting of 121 townhome units
PROPOSED USE: Multi-Family Residential (Town homes)
LEGAL DESCRIPTION:
On file with Planning and Zoning
(See map on opposite side)
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 Planning and Development 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.
WPB:181721:2
LOCATIOt\...;qAP
Parkside (a.k.a Miller Road)
ANEX 05-005 & LUAR 05-014
Exhibit A
../-,'.~!
e. . ./
J
I'l'"
$
C
~
-
300
o
300 Feet
150