Loading...
REVIEW COMMENTS 7.A.2 CITY TOWING (ABAN 07-002) ABANDONMENT DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-046 TO: Chairman and Members Planning and Development Board FROM: Michael W. Rumpf Planning and Zoning Director Gabriel Wuebben J. ~ Planner I/'- THRU: 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: 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 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 West - 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. 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 ofthe 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 (9 336.12). 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 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:IPlanningISHAREDlWPIPROJECTSICity Towing 510 NE3rd StreetlABANIStaff Report (City Towing ABAN),doc Exhibi" "A" - Site Locatior"iMap LUAR 07-003 - City Towing .... en o ~ C") OJ ~ NE 5TH AVE M1 - Light Industrial ALLEY M1 - Light Industrial M1 - Light Industrial NE 4TH AVE 30 15 0 ~... N w4tE S 30 60 I 90 I 120 I Feet c ~~!;~; ~ ~~~~g~ ~ ~~:~~ c O~~M~~t ~.~~ ~t~~; ~ ~~:~O~oS (II~-i. 0 l> v;;I_ E~fJ~~ ~ ~o~~~~ ~~go~ g~~~\!l~ :;;~6~~ ~ ~a~:~\!l ~~~:~ ~ "~~~!D~ ~~~~i!1 ~ ~g8~~~ $i!1~~~ g~~g~~ ~~~~~ ~~~~oo~ ~6~~z "~'.'- ~6~~~ ~~~~:6 ~>c>o ~~~o~. ~~~g~ d~S~~~ ~~~S~ ~~O~~~ i!1~~~~ ~~~~~a 5~~~~ ~~~8~F.~ ~~~O~ ;j~.. V'v> ~!1~~;! ~ O~~gcnc: v, ...... 6~~~~~~ ~i~~; ~:~~~g ~:~~6 ~~6Mz~~ ~~ ~~~"g ~~~:~~ ~ ~~~O:~ ~~~O~6~ ~ <o~~~ ~ogi!1~a~ ~~ ~~~~~ ~ ~~~~;.:. if ~ ~ ~~,,~!;! z~~~~~, a. .. . o~~~ ~O~5~;g: ~ ~~. ~~;>l;2 ~~~;;I~~~ ~~ ~ ~~6~ .. ~~?~S~ ~ ,-", ~~~i5 ~~ 0 COZ ~~~~ggg g ~a~~ II o~!ii~z~ z 1li \ ~~>> -' ;~:~~ ?~ ~\"\ ~~:~ ~ ~~~~g \ 6~~~ ~;~~~ lJ ~~" ~~:; ~:>~~ ~ \ gc~~ ~z~g~.~ %~~c: 8~~~~ ~~!Dg vtO;:ll;l=i.. NZr>'I::llJ !ii~~~~ S~Z~ ~~5~r ~r-O m ~ ; z~~ ~?!'t ~~~ 5~~ '" z " c ~ ~ ~ ~ ~ ~ '" ~!g ~a l:D ,., o ,., ~ g -< c " ~ )> ;0 o rr1 :Z:o lJ~ :s;:lJ)>::;; ';;0-< (IJ-iA, rr1 =: )>(IJ)>t; <JOO :COO~ A-i-l <J -::E aNa::;:: c :z: :z ~lJ-i~ -<)>0.... GJ(IJcn """T1rr10~ 5tO-<, ;oO'>~S o 0.... )> :z: ..... ~g85 -o:r,: 3: 0 ;c;c", "'cc trtZZN ~~~~ rrT .. trt ~~8c-: ~~-< :s ""0 ~Z~ ;co", co:. 0 ~;::;~ g;~d . "'z -"'", "'01"'1 ""a> "'on ...'" n..., , "'''' ~:ii ~~ "'.., gJO ..,m s::i:;; om ~~ 0.., :<l", b;~ ~@ .., '" o '" ~ >< '" ~ ~ '" m ~ .., ~ '" ~ ~ n o EJ (-) I c;l m"':<l> "'n:;l>t""'t<1_ 50E:l"'08~ S~~~SEJ~ >:<l:<l9.?>~0 O..,fii",~o ~5i~e;z.., ~~5~;S~ ~ "'t""'>m ~~~:!:JtT1~~ ~t;j;j~~b; i:;;~5J2~>< ~ "'0t<1c;l.",~ :I:Z~lJj."z ~~c~~~ Z~~gj~~ "''''~OOtrl 5itrlnz"'m "'~O..,:;lZ ~t""'~5iE:l5 -l~tr1tT1'"C....j ~06i:;;:ii~ ~"T1"'rj-lt:0'I 6t""'t""'lJjn> ~~~~~S ""C:!:J~~~8~ ~m>Z:<lO )<ZOO", ;;jO:<l"'> gS~~~EJ 3gj~~~~ !@;Jgj;;iS::i:; i:,,"'O~lJj:><: ~5iz~~> Z:UJ~cnnt1 "'OE:lC;:I:g !@C::~Z8::i g;~",~~.Si! >trl"':;l..,> @~~E:l.><", v. o <=> (AUSTRAUAN BOULEVARD _ PlA, T) (50' RIGHT or WAY) ~ ~Cf~' ~3.66' :~D 170.36' . T N.r. EXHIBIT B 3RO.STREET r8 I EDGE or PAVEMENT '" en "'~ '-'! --- - '- 163.2'. -' I :;; o Z RIGHT-Or_WAY LINE . >. 4' CONe. 51DEWAL ': . ..... ~ .. '- ... '- " '.... W""ST~/~sJ Lo.;.. <17 "'... 00 zc z zc 0", n..... ~'" ." , >t"' ~t"J t"JC1 ><> >-3t"' 01::' =t"J t"Ji!S >z= ="'C ~g OZ ~ I::' ~ z I ~ r'1 .p.. -l :r: z ." l> E < I ~ r'1 Z C r'1 )> ;0 o 1"'1 Z "U )> ;0 ^ )> :ag !D =ir !'"' o~ -: Z.Jlo. " .... ,., -l ';0 '" ~ -< '" " Z o ~ ~ ,., .... ~ ,., x Vi ::I... Z ,,~ "'0 c ;= o Z " o. ~ I ~ ~ ~XI ~ --~ ~ ~ g-< ~x ~ " '" '-1'" ::J: G) S ~:I: ... ~n7' m I-"E; xC!. !a 2 r I~N=!O ~. 0-1 (J1 Z ~ z~ o Xc G') Q') ol~:-io ~ ~.e ,., xZ OJ ~ ~ x -l I ~ x I x I x 1 ill'o" )> ;;0 o 1"'1 Z "U )> ;;0 ^ CD (JI '" 0:: ... i'i ,- '=' t .... '" :i: OJ o -< Z -l o Z (Jl o ~ ) . { '" ;.. I"' 0_ '" o o n f< n c ~ ,., o '" ~ c " ,., '" ~ 1 :. ~, ~. "'. (~ .':t . ~. c. . C\. Z ,.,. .. . 0 ~ iF "", ~. 9,,- ~. ~ f, .~. , ...., r )> ...., !; ~ o ~ Z(l c nz ~o ."", ..... ~ :;; o Z "'''' "'~ '" ",..... ... ... " o o EXHIBIT "C" Conditions of Approval Project name: City Towing File number: ABAN 07-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None PUBLIC WORKS - Forestry & Grounds Comments: None PUBLIC WORKS- Traffic Comments: None 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 1. The applicant shall provide evidence of compliance with the request from 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: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\City Towing 510 NE3rd Street\ABAN\COA.doc DEVELOPM' T ORDER OF THE CITY COMMlf :IN OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: City Towing APPLICANT'S AGENT: Dave Beasley APPLICANT'S ADDRESS: 2385 SW 13th Terrace, Boynton Beach, Florida 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 1,2008 TYPE OF RELIEF SOUGHT: Request to abandon a ten (10) foot wide alley located between 510 N.E. 3rd Street and 410 N.E. 5th Street, lots 46 and 47 of the Arden Park Addition plat. LOCATION OF PROPERTY: Between 510 N.E. 3rd Street and 410 N.E. 5th Street, east of NE 3rd Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 "D" 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\City Towing 510 NE3rd Street\ABAN\DO.doc DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 08-026 TO: Ed Breese, Principal Planner Planning & Zoning Division #' i ) FROM: H. David Kelley, Jr., PE/PSrvf\/ City Engineer DATE: March 19, 2008 SUBJECT: City Abandonment Petition No. 08-xxx to-foot Alley R/W, from N.E. 3rd Street to to-foot Alley R/W running north-south, between N.E. 4th Avenue and N.E. 5th Avenue This memorandum is in response to your request received March 11, 2008 on the above noted subject. We have reviewed the application submitted by the applicant, City Towing, including the legal description submitted by their surveyor, and find the application in order. Since one of the utility providers (Comcast) requested a designated utility easement in place thereof, we field reviewed this application. We found no basis for a conversion to a utility easement. Comcast is providing aerial service to the south property owner. This Division has no obiection to the proposed abandonment, with no provisos. This Division will support the application (once completed in the proper form of the required ordinance). 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. of P.W. Laurinda Logan, PE, Sr. Engr. Jim Cherof, Esq., City Attorney Mike Rumpf, Dir. of P&Z Div. Peter Mazzella, Deputy Utility Director File DEPARTMENT OF DEVELOP~NT Memorandum PZ TO: H. David Kelley, Jr. FROM: Ed Breese DATE: March 12, 2008 RE: Abandonment of Alley north of 510 NE 3rd Street Please review the attached request for abandonment of the alley to the north of 510 NE 3rd Street and provide comments to me. I have attached the request along with copies of utility company responses (less Bellsouth), the survey of the alley and an aerial photo of the site. Thank you in advance for your cooperation. t. l'~~..JV I 6 ,/ ]401 Northpoint Parkway West Palm Beach. Fl 33047 June 2. 2007 Dave Beasley 2385 SW 13 Terrace Boynton Beach, FL 33426 RE: Alley Right ofWav Abandonment Dear 1\.1r. Beasley, In review'ing your request on the above ref. project. Comcast Cable Communications ("VPB) '" has a few objections and or confl icts with your proposed plans: This does encroach onto our easements and would othervvise interfere with the provision of service to our customers Comcast currently has cable attached to the existing pole line and we would require a designated utility easement if the alley is to be abandoned Should you have any other questions, please feel free to call me at 561-227-4123 / Fax Number - 561-227-4102 e-mail-stanlevrebar@cable.comcast.com ~ -- - Sincerely, S~4~ Stan Rebar Construction Coordinator A FLORIDA pualC UTILITIES k, \ I 6 FPUC Ref.: #002 June 29, 2007 Dave Beasle~ 2385 SW 13t Terrace Boynton Beach, FL 33426 RE: Petition to abandon/vacate a 10' alley right-of-way north of 510 NE 3m, Boynton Beach Dear Dave Beasley: Please be advised that Florida Public Utilities Company has no objection to the abandonment of the existing or easements or right-of-ways as described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. If you have any additional questions or concerns please feel free to call me at 561-838-1771. Sincerely, -PH~ Patty McLeod Engineering Technician PO BOX 3395 .... West Palm Beach, Florida 33402-3395.... Phone' 561 8320872 .. W b' f . . . _ e. WWW.puc.com . I=PL . Florida Power & Light Company. 21400 Powerline Road. Boca Raton. Fl33433 I.,,"': I 6 May 29, 2007 Mr. Dave Beasley 2385 S.W. 13th Terrace Boynton Beach, Florida 33426 Re: Alley Right of Way Abandonment City Towing, 510 N.E. 3rd Street, Boynton Beach, Fla. 33435 PCN #08-43-45-21-18-000-0470 Dear Mr. Beasley, The area petitioned for abandonment as stated in your letter dated May 5,2007 has been reviewed as requested. Please be advised that FPL has no objection to the above abandonment. If you have any questions, please don't hesitate to call me at (561) 479-4511. Sincerely, <.-:-\\ ......., U' I J,- ~,~ ..-' v^-' John R. Van Vleet Senior System Project Manager