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
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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
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,-
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John R. Van Vleet
Senior System Project Manager