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
0 April 15, 2008 March 31, 2008 (Noon) 0 June 17, 2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14, 2008 (Noon) [gI July I, 2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14, 2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [gI Legal
0 Code Compliance & Legal Settlements 0 UnfInished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the July 1, 2008 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission on June 17, 2008, approved this request under Legal, Ordinance - First
Reading. For further details pertaining to this request, see attached Department Memorandum No. 08-046.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
City Towing (ABAN 07-002)
Dave Beasley
Charles S. Cook and Alice Snow
506 and 510 NE 3rd Street
Request for abandonment of a 10-foot wide alley lying between and adjacent to lots 46
and 47 of the Arden Park Addition to Boynton.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Deve~
City Manager's Signature
Assistant to City Manager
Planning an Zoning Dire City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\City T wing 510 NE3rd Street\ABAN\Agenda Item Request City Towing ABAN 07-002 7-1-08.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 08-046
TO:
Chairman and Members
Planning and Development Board
THRU:
FROM:
Michael W. Rumpf
Planning and Zoning Director
Gabriel Wuebben 1_ ;J
Planner II\.
DATE: April 24, 2008
SUBJECT: Abandonment of a portion of a 10-foot wide alley lying between and adjacent to Lots 46, and 47,
Plat Book 2, Page 96, Arden Park Addition to Boynton (ABAN 07-002).
NATURE OF REQUEST
Dave Beasley, the agent for Charles Cook, the owner of the adjacent property, is requesting to abandon a portion of
the 10-foot wide alley located between 510 N.E. 3rd Street and 410 N.E. 5th Avenue. The ten (10) foot-wide
unimproved alley runs in an east-west direction along the north side ofthe applicant's property, for a distance of 150
feet. More specifically, the requested abandonment is for the following unimproved platted alley segment:
A 10.00 foot wide alley lying between lots 46 and 47 of Arden Park Addition, as recorded in plat book 2, page
96 of the public records of Palm Beach County, Florida, said alley being bounded on the east by the northerly
extension of the east line of lot 47 to the southeast comer of lot 46; and bounded on the west by the northerly
extension of the west line of lot 47 extended to the southwest corner of lot 46, all as shown in the plat of
Arden park Addition, Boynton Beach, Florida.
The location map attached as Exhibit "A" shows the general vicinity of the alley right-of-way to be abandoned. The
attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed
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 -
Auto-related use (Beck's Towing), designated Industrial (I) and zoned M-1 Light Industrial;
South -
Auto-related use (City Towing), designated General Commercial (GC) and zoned C-4
General Commercial. This property is currently the subject of an application for land use
amendment and rezoning to classify the property Industrial (I) and zone to M-1 Light
Industrial;
East
Improved alley, then developed manufacturing facility (Taylor Pneumatic Tool Company),
designated Industrial (I) and zoned M-1 Industrial; and
Right-of-way of N.E. 3rd Street, then developed commercial facility (Charles Bum
Landscaping) designated General Commercial (GC) and zoned C-4 General Commercial.
West -
Page 2
Memorandum No. PZ 08-046
ABAN 07-002
BACKGROUND
In April of 1913, the Plat of Arden Park Addition to Boynton was approved. It included several 1 O-foot wide alleys
dedicated to the perpetual use by the public. The subject request is for abandonment of the east-west oriented alley
located between NE 4th and NE 5th Avenue, extending 150 feet east of NE 3rd Street, to a north-south alley. The
applicant would like to fence in their portion of the abandoned alley to increase the storage capacity of their towing
compound lot.
When a right-of-way, such as this unimproved alley is abandoned, the abandoned land is transferred in equal
portions from the general public to the abutting property owner(s) per State law (s 336.12). Typically, two (2)
properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to one (1)
abutting property owner and the other one-half is conveyed to the other abutting property owner. The applicant
requesting this abandonment is the owner of the abutting property to the south (510 NE3rd Street / Lot 47, Arden
Park Addition). Public records indicate that Beck's Towing & Recovery, Inc. is the owner of the abutting property to
the north (410 NE 5th Avenue / Lot 46, Arden Park Addition).
A review of city records indicates that a minimum of ten (10) segments of alleyways within the Arden Park Addition
plat have been abandoned over the years.
ANALYSIS
Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right-of-
way to be abandoned, 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
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
BellSouth
Florida Public Utilities Company
Cable Company (Comcast)
Approval
Approval with conditions (see Exhibit "C")
Approval
Approval with conditions (see Exhibit "C")
RECOMMENDATION
Staff has determined that the subject alley no longer serves a public purpose and that a number of alleyway
segments have already been abandoned in the immediate vicinity. Therefore, staff recommends that the request to
abandon the above-described segment of 10-foot wide alley be approved, subject to the comments included in
Exhibit "C" - Conditions of Approval. Any conditions required by the Planning and Development Board and the
Commission will be placed in Exhibit "C" - Conditions of Approval.
S:IPlanningISHAREDlWPIPROJECTSICily Towing 510 NE3rd SlreellABANlSlaff Report (Cily Towing ABAN),doe
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EXHIBIT "C"
Conditions of Approval
Project name: City Towing
File number: ABAN 07-002
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
1. The applicant shall provide evidence of compliance with the request from X
Comcast to preserve the existing pole line and provide for any necessary
easements as required.
Conditions of Approval
City Towing (ABAN 07-002)
DEPARTMENTS INCLUDE REJECT
2. The applicant shall provide written evidence that the proposed abandonment
in no way interferes with Bell South's existing infrastructure and/or
operations and provide for any necessary easements as required.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
l. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\P1anning\SHARED\ WP\PROfficrS\City Towing 510 NE3rd Street\ABAN\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 15,2008 March 31, 2008 (Noon) [8'J June 17, 2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14, 2008 (Noon) 0 July I, 2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19, 2008 (Noon) 0 August 5, 2008 July 14, 2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [8'J Legal
0 Code Compliance & Legal Settlements 0 UnfInished Business
[8'J Public Hearing 0
RECOMMENDATION: Please place this request on the June 17,2008 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on May 27,2008, recommended that
the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-046.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
City Towing (ABAN 07-002)
Dave Beasley
Charles S. Cook and Ahce Snow
506 and 510 NE 3rd Street
Request for abandonment of a 10-foot wide alley lying between and adjacent to lots 46
and 47 of the Arden Park Addition to Boynton.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Developme
City Manager's Signature
Assistant to City Manager
Planning and . rung Director City Attorney / Finance
S:\Planning\SHARED\WP\PR JECTS\City Towing 510 NE3rd Street\ABAN\Agenda Item Request City Towing ABAN 07-002 7-1-08.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 08-046
TO:
Chairman and Members
Planning and Development Board
THRU:
FROM:
Michael W. Rumpf
Planning and Zoning Director
Gabriel Wuebben J _ ;J
Planner I/\.
DATE: April 24, 2008
SUBJECT: Abandonment of a portion of a 10-foot wide alley lying between and adjacent to Lots 46, and 47,
Plat Book 2, Page 96, Arden Park Addition to Boynton (ABAN 07-002).
NATURE OF REQUEST
Dave Beasley, the agent for Charles Cook, the owner of the adjacent property, is requesting to abandon a portion of
the 10-foot wide alley located between 510 N.E. 3rd Street and 410 N.E. 5th Avenue. The ten (10) foot-wide
unimproved alley runs in an east-west direction along the north side of the applicant's property, for a distance of 150
feet. More specifically, the requested abandonment is for the following unimproved platted alley segment:
A1 0.00 foot wide alley lying between lots 46 and 47 of Arden Park Addition, as recorded in plat book 2, page
96 of the public records of Palm Beach County, Florida, said alley being bounded on the east by the northerly
extension of the east line of lot 47 to the southeast corner of lot 46; and bounded on the west by the northerly
extension of the west line of lot 47 extended to the southwest corner of lot 46, all as shown in the plat of
Arden park Addition, Boynton Beach, Florida.
The location map attached as Exhibit "A" shows the general vicinity of the alley right-of-way to be abandoned. The
attached Exhibit "B"_ "Proposed Abandonment" shows the location of the subject property and includes a detailed
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 -
Auto-related use (Beck's Towing), designated Industrial (I) and zoned M-1 Light Industrial;
South -
Auto-related use (City Towing), designated General Commercial (GC) and zoned C-4
General Commercial. This property is currently the subject of an application for land use
amendment and rezoning to classify the property Industrial (I) and zone to M-1 Light
Industrial;
East
Improved alley, then developed manufacturing facility (Taylor Pneumatic Tool Company),
designated Industrial (I) and zoned M-1 Industrial; and
Right-of-way of N.E. 3rd Street, then developed commercial facility (Charles Burn
Landscaping) designated General Commercial (GC) and zoned C-4 General Commercial.
West -
Page 2
Memorandum No. PZ 08-046
ABAN 07-002
BACKGROUND
In April of 1913, the Plat of Arden Park Addition to Boynton was approved. It included several10-foot wide alleys
dedicated to the perpetual use by the public. The subject request is for abandonment of the east-west oriented alley
located between NE 4th and NE 5th Avenue, extending 150 feet east of NE 3rd Street, to a north-south alley. The
applicant would like to fence in their portion of the abandoned alley to increase the storage capacity of their towing
compound lot.
When a right-of-way, such as this unimproved alley is abandoned, the abandoned land is transferred in equal
portions from the general public to the abutting property owner(s) per State law (s 336.12). Typically, two (2)
properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to one (1)
abutting property owner and the other one-half is conveyed to the other abutting property owner. The applicant
requesting this abandonment is the owner of the abutting property to the south (510 NE .3rd Street / Lot 47, Arden
Park Addition). Public records indicate that Beck's Towing & Recovery, Inc. is the owner of the abutting property to
the north (410 NE 5th Avenue / Lot 46, Arden Park Addition).
A review of city records indicates that a minimum of ten (10) segments of alleyways within the Arden Park Addition
plat have been abandoned over the years.
ANAL YSIS
Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right-of-
way to be abandoned, 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
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 (Comcast)
Approval
Approval with conditions (see Exhibit "C")
Approval
Approval with conditions (see Exhibit "C")
RECOMMENDATION
Staff has determined that the subject alley no longer serves a public purpose and that a number of alleyway
segments have already been abandoned in the immediate vicinity. Therefore, staff recommends that the request to
abandon the above-described segment of 10-foot wide alley be approved, subject to the comments included in
Exhibit "C" - Conditions of Approval. Any conditions required by the Planning and Development Board and the
Commission will be placed in Exhibit "C" - Conditions of Approval.
S:IPlanningISHAREOIWPIPROJECTSICity Towing 510 NE3rd StreetlABANISlaff Report (City Towing ABAN).doc
Exhibit --A" - Site LocatiC'''l Map
LUAR 07-003 - City Towing
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EXHIBIT "C"
Conditions of Approval
Project name: City Towing
File number: ABAN 07-002
Reference:
DEPARTMENTS INCLUDE RE~~~ ~
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
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
1. The applicant shall provide evidence of compliance with the request from X
Comeast to preserve the existing pole line and provide for any necessary
easements as required.
Conditions of Approval
City Towing (ABAN 07-002)
DEPARTMENTS INCLUDE REJECT
2. The applicant shall provide written evidence that the proposed abandonment
in no way interferes with Bell South's existing infrastructure and/or
operations and provide for any necessary easements as required.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S :\P1anning\SHARED\ WP\PROJECTS\City Towing 510 NE3rd Street\ABAN\COA.doc
"
NOTICE OF PUBLIC HEARING
NOTICE OF LAND USE AMENDMENT
NOTICE OF REZONING
NOTICE OF ABANDONMENT
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH,
FLORIDA, will conduct a PUBLIC HEARING, on Tuesday, May 27, 2008 at 6:30 p.m. to consider these requests
submitted by Dave Beasley on behalf of Charles S. Cook and Alice Snow. The City Commission / Local Planning
Agency of THE CITY OF BOYNTON BEACH, FLORIDA, in its dual role, will also hold public hearings to consider
these requests on Tuesday, June 17,2008, and Tuesday, July 1, 2008 at 7:00 p.m. or as soon thereafter as the
agenda permits. All hearings will be held at the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach
Boulevard. The requests are described as follows:
LOCATION:
510 NE 3rd Street
REQUEST:
Amend the Comprehensive Plan Future Land Use Map:
From - General Commercial (GC)
To - Industrial (I)
REQUEST:
Rezone:
From - C-4 (General Commercial District)
To - M-1 (Industrial District)
REQUEST: Abandonment of a 10-foot wide alley lying between and adjacent to Lots 46, and 47,
Plat Book 2, Page 96, Arden Park Addition to Boynton.
PROPOSED USE: Automotive Towing and Storage
LEGAL DESCRIPTIONS: On file in Planning and Zoning Division
(insert Map here)
These requests 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.
PUBLISH:
The Post
May 17, 2008
May 27, 2008
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
CC: City Commission
City Manager
City Attorney
M. Rumpf
Agenda
S:\Planning\SHARED\WP\PROJECTS\City Towing 510 NE3rd Street\LUAR\legal notice.doc
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