REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-223
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
FROM:
Michael W. Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP sL
Planner !J
THRU:
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 (FEC) 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:
CITY 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 "D" - Conditions of Approval. Any additional
conditions recommended by the Community Redevelopment Agency Board meeting or City Commission will be
placed in Exhibit "D" - Conditions of Approval accordingly.
S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\ABAN 05-008\Staff Report.doc
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LOCATION MAP
Palm Cove (Miller Rd) Abandonment
Exhibit "A"
City Boundary
115
N
920 +
I Feet
690
o
230
460
'XHIBIT B
SKETCH AND DESCRIPnON
RIGHT-OF-WAY
A PORTION OF 'MILLER ROAD'
"KIWAN'S PARK"
PLA T BOOK 2J, PAGE 195, PALM BEACH COUNTY RECORDS
SCALE: 1 n = 80'
LOT 14
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LEGAL DESCRIP770N: RIGHT-OF- WA Y ABANDONMENT
A PORTION OF THE RIGHT-QF- WA Y OF MILLER ROAD AS SHOIM-I ON THE PLA T OF "KILLIAN'S
PARK~ APCOR/JING TO THE Pi..4T THEREOF; ASRECORDED IN PLAT 8001<23, PAGE 195 OF THE
PU8UC RECORDS OF PALM 8EAc;H CQJ.JNTY. FLORIDA, DESCRI8ED AS FOLLOWS:
BEGINNING A T THE SOUTHWEST C~NER OF LOT 6 OF SAID "KIWAN'S PARK",', THENCE EAST.
ALONG THE NORTH RIGHT-OF..,..WA Y UNE OF SAID MILLER ROAD, A DiSTANCE or 450,00 FEeT;
THENCE .sOUTH 08"J3'15" Kf"Sr. ALONG THE E;4STRlGHT-OF..,..WA Y LINE OF MILLER ROAD. A
DISTANCE OF 30.34 FEET: THENCE ijf'Sr. AL,ONG THE S()!JTH RIGHT-OF-WAY UNE OF MILLER
ROAD, A DISTANCI: OF 445.49FEI:T; THI:NCE NORTH. A DISTANCE OF JO.OO FEeT. TO THE POINT
OF BEGINNING.
LEGENO:
POB
POC
- f'aNT OF BeGINNING
= POINT OF COUMENCEILNT
SURVEYOR'S CE'Rl1FlCA IE:
I HEREBY CERTlFl' THA T THIS "SKETCH I.ND OESCRIPTION" IS 'TRUE: .wD
CORRECTro THE BeST OF IIY KNOMElJCE AND BeUEF. I FURTHER CERTIFY
THATTH/S SKF:TCH ~ THE: MIN/IM( T~(!('i1C.dI....~r,o,Nl)ARQS AS SIT
fORTH SY THE: FLORIDA ,8l>>ORf) OF PllOF1fSSlllflAt 9JR~ NKI
MAPPERS IN CffAP TER 61~7-6, FlOR!D-LNJ#INI$.TlWM C(}fJE
PURSlJANT TO SCcTlON 472-Q27. F!:cR!ll..;t'-SI-1'WIf:5. - - ,-.
- - ,'" -" ~ -
SURVEYOR'S NOTES:
I. NOT VALID 'M1HOUT THE SIGNA TURE AND ORICINAL RAlSE:D
SEAl. OF A FLORIDA UCENSED SUR'iEYOR d: IIIIPPER.
2, BEARINGS SHOWN HEREON lIRE Rf1.A 71\IE TO "/<ILl/AN'S PAR/("
AS RECCRDED IN PLAT 8fXJI( 23, PAGE 195. OF THE PUBUC
RECORDS OF PIILII BEACH COUNTY FLORIDA, AND ARE
RE:FrnRED TO AN ASSUMED 8EARlNG OF EAST ALONG THE:
NORTH RIGHT-OF-WAY UNE OF MILLER ROAD.
.1 THIS IS NOT A lAND SURVEY.
ASSSLUTE
SURVEYING INC.
LtWO SURI€'lai'S
215 GOOl.SBY BLKl.
DEERF/El.J} BEACH. FL J.U42
(954) 421-4170
UCENSEJ) BUSINESS No. l.B62f8
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EXHIBIT "D"
Conditions of Approval
Project name: Palm Cove (Miller Road) Abandonment
File number: ABAN 05-008)
DEPARTMENTS INCLUDE REJEc.JI
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
1. 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 site plan (NWSP 05-031).
2. The plat 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
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
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,
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
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. To be determined,
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
DEVELOPIV~T ORDER OF THE CITY COMMI~ON OF THE
CITY OF BOYNTON BEACH, FLORIDA
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
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:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\ABAN 05-008\DO.doc
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 05-129
TO:
Michael Rumpf, Director
Planning and Zoning Division
FROM:
Eric Johnson, Planner
Planning and Zoning Division
H_ David Kelley, Jr., PEIPSM~/
City Engineer .
DATE:
November 23,2005
SUBJECT:
City Abandonment Petition No. 05-008
Palm Cove (Miller Road) Abandonment
NE ~ of Sec. 4, Twp. 46S, Rge. 43E.
This memorandum is in response to your Memorandum No. 05-225 dated November 10, 2005 on the
above noted proposed development. As requested, the agent, Kim Glas-Castro with Ruden McClosky,
has submitted a copy of the land survey (boundary as prepared by Absolute Surveying, Inc.) sent to this
Division along with the proposed Sketch and Description for the Miller Road abandonment portion.
We reviewed the legal description for the site development plan, and found it to be in order. The legal
description to be used is shown on the Sketch and Description; please attach a copy of this sketch to the
proposed ordinance implementing same, The western balance on Miller Road will remain in use to serve
Lots 1 thru 5 of the "Killian's Park" subdivision.
Therefore the application for abandonment of the eastern portion of Miller Road is hereby approved by
this Division. If you have any questions regarding this matter, please advise me at x6488.
HDK/ck
xc: Jeff Livergood, PE, Director of Public Works
Laurinda Logan, PE, Sr. Civil Engr.
Peter Mazzella, Deputy Utility Director
Jim Cherof, City Attorney
File
S:\Engineering\Kribs\Abandonment. Palm Cove (Miller Road).doc
DEJrARTMENT OF DEVELOPfV(ENT
Planning and Zoning Division
Memorandum 05-225
TO:
FROM:
DATE:
RE:
H, David Kelley Jr., City Engineer
Eric Johnson, Planner ct;/-
November 10, 2005 ~
Palm 'Cove (Miller Road) Abandonment
ABAN 05-008
As you know, the above referenced request for abandonment is being reviewed concurrently with the Palm
Cove site plan (NWSP 05-031). The agent, Kim Glas-Castro with Ruden McClosky is requesting to abandon
Miller Road in order to develop 121 townhouse units.
Attached, you will find a copy of the survey, legal description, and plat showing the 30-foot wide right-of-way
that Kim Glas-Castro is requesting to abandon.
Please review the documents and provide me with any comments regarding the subject request. Thank you
for your consideration in this matter.
S:\PLANNING\SHARED\WP\PROJECTS\PALM COVE (AKA MILLER RD PROJECT)\ABAN 05-008\EJ MEMO TO DK,DOC
Johnson, Eric
From:
Sent:
To:
Subject:
Glas-Castro, Kimberly [Kimberly.Glas-Castro@ruden.com]
Wednesday, November 09, 20052:57 PM
Johnson, Eric
RE: Miller Road abandonment (ABAN 05-008)
She's one of them, yes
Kimberly Kay Glas-Castro
Land Planner
Ruden McClosky
222 Lakeview Avenue
Suite 800
West Palm Beach, FL 33401
Direct 561-838-4542 I Fax 561-514-3442
Kimberly.Glas-Castro@ruden,com I www.ruden.com
NOTICE: This e-mail message and any attachment to this e-mail message contains
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-----Original Message-----
From: Johnson, Eric [mailto:JohnsonE@ci,boynton-beach.fl.us]
Sent: Wednesday, November 09, 2005 2:56 PM
To: Glas-Castro, Kimberly
Subject: Miller Road abandonment (ABAN 05-008)
Kim,
Please confirm that you are acting as agent for the property owner
(Estella B. Killian) to abandon Miller Road as part of the Palm Cove
townhouse project, Estella B. Killian is the property owner, correct?
Thanks,
Eric Johnson
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