REVIEW COMMENTS
TO:
THRU:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-064
Chair and Members
Community Redevelo~~t Agency Board
Michael W. Rump~\)l
Planning and Zo~in~~ector
Kathleen Zeitle;~~
Planner
July 3, 2007
City-Initiated Abandonment of Alley between NE ih Avenue and NE 8th Avenue, East of
Federal Highway (ABAN 07-003)
NATURE OF REOUEST
Mr. H. David Kelley, Jr., Assistant Director of Public Works and City Engineer, as agent for the property
owner (City of Boynton Beach), is requesting an abandonment of an existing alley located east of Federal
Highway between NE ih Avenue and NE 8th Avenue.
The subject property is described as an unimproved alley located north of lots fronting on NE ih Avenue
(Block 1, Boynton Place) and south of lots fronting on NE 8th Avenue (Block 5, Lake Addition). The subject
alley extends eastward from a 20-foot wide alley parallel with Federal Highway, to NE ih Street (see
Location Map - Exhibit "A"). This alley is represented by a 7.S-foot wide strip of land at the boundary of the
plat of Boynton Place, and a 6.3-foot wide strip of land at the boundary of the plat of Lake Addition.
Together the 13.8-foot wide strip was intended to be an alley right-of-way but was never improved or used
as an alley. Utilities exist upon the subject property which, in conjunction with the abandonment, would
become a dedicated utility easement.
The following is a description of the zoning districts and land uses of the properties that surround the
subject property to be abandoned:
North -
South -
East
West -
Lots 2 - 18 of Block 5, Lake Addition consisting of a single-family residential subdivision
designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A) and
Lots 19 - 22 of Block 5, Lake Addition consisting of multi-family residential (Seven J's Motel)
designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A);
Lots 1 - 22 of Block 1, Boynton Place consisting of a single-family residential subdivision
designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A);
Right-of-way for NE ih Street, and farther east, Lots 15 - 16 of Block 7, Lake Addition
abutting the Intracoastal Waterway consisting of a single-family residential subdivision
designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A); and
Right-of-way for a 20-foot alley, and farther west, Lot 23 of Block 5, Lake Addition and Lot
23 of Block 1, Boynton Place, both lots fronting on Federal Highway and designated as
General Commercial (GC) and zoned General Commercial (C-4).
Page 2
Memorandum No. PZ 07-064
ABAN 07-003
BACKGROUND
In March and April of 1925 respectively, the plats of Boynton Place and Lake Addition were approved.
These plats included several alleys dedicated to the perpetual use of the public, reserving unto the
developers or successors the right of reversion whenever abandoned by the public or discontinued by law.
The subject property is indicated on the plats as an open public area, separate from the adjacent lots.
Although the subject property was never used or improved as an alley as intended by the recorded plats,
the property was dedicated to the public as a right-of-way and is under the control and jurisdiction of the
City Commission.
The city-initiated application states the following grounds and reasons for the requested abandonment:
(1) City staff is unable to identify any public purpose for maintaining this property as an alley right-of-way;
(2) continued City ownership suggests continued future responsibility and associated liability; and, (3) staff
believes this area will best serve adjacent residents through private ownership. The City should designate
the property as a utility easement and continue to provide utility services to the rear of these lots. If
abandoned, the two (2) strips of land will be reverted to each adjacent property owner as land to be added
to their lot. A utility easement equivalent in width to the existing alley is proposed on the subject property.
ANALYSIS
Pursuant to Chapter 22, Article IV, Section 4, publiC notice was given, 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 (see Exhibit "B"):
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works/Utilities
Planning and Zoning
No objection
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Objection - (According to Engineering, the dedication
of an easement would remove their objection).
No objection with easement
No objection
No response (2 notifications)
Bell South
Florida Public Utilities Company
Cable Company (Comcast)
RECOMMENDATION
Staff recommends that the request to abandon the alley as described above be approved based on the
finding that the alley provides no public purpose, and all existing utilities within the subject property would
remain within a dedicated utility easement. Any conditions reqUired by the Community Redevelopment
Agency Board and the Commission will be placed in Exhibit "c" - Conditions of Approval.
S:IPlanningISHAREDIWPIPROJECTSINE 7'" Ave and NE 8'" Ave ABANIStaff Report.doc
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EXHIBIT"B"
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I=PL
Florida Power & Light Company, 21400 Powerline Road, Boca Raton, FL 33433
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ENGINEERING
May 8, 2007
City of Boynton Beach
Attn: Mr. Kelly, Jr., PE/PSM
City Engineer
P.O. Box 310
Boynton Beach, Florida 33425-0310
Re: Proposed "Alley" Abandonment between NE 7th and NE 8th Avenues
Located East of Federal Highway to NE 7th Street
Dear Mr. Kelly:
The area you are requesting for abandoning as stated in your letter dated May 7, 2007 has
been reviewed as requested.
Please be advised that FPL does object to the above abandonment. FPL has existing
overhead facilities that run the length ofthe Alley from Federal Highway to NE 7th
Street. These existing overhead facilities provide service to those customers that back up
to the Alley
If you have any questions, please don't hesitate to call me at (561) 479-4511.
Sincerely,
~_12-LJ-J~
John R. Van Vleet
Senior System Project Manager
an FPL Group company
~
EXHIBIT"B"
@ SELLSOUTH
BellSouth Telecommunications, Inc.
Engineering Department
2021 So. Military Trail
West Palm Beach, FL 33415
Office: 561-439-9118
Fax: 561-964-3499
April 2, 2007
Mr. H. David Kelley, Jr.
City Engineer
Public Works Department
P.O. Box 310
Boynton Beach, Florida 33425-0310
l'
1 APR I 2 2007
Re: Proposed Alley Abandonment between NE Seventh & Eighth Avenues, East
of Federal Highway, Boynton Beach, Florida
Dear Mr. Kelley:
BellSouth Telecommunications, Inc. has reviewed the above-referenced abandonment
request and has existing aerial cable and poles along the alley. BellSouth will require an
easement to maintain the existing cables.
Please contact my office if you require additional information concerning this matter.
9]1' f~
Robert Lowen
Project Manager
Cc: Steve Buck
Attachment
.
FLORIDA PUaIe
UTiliTIES
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l, ENGINEERING
FPUC Ref.: #002
May 9,2007
H David Kelley
City of Boynton Beach
Public Works Department
PO Box 310
Boynton Beach, FL 33425
RE: Petition toabandon/vacate an alley between NE 7th & 8th Ave located east of
Federal Hwy, Boynton Beach, FL
Dear H David Kelley:
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,
? Mef~
Patty McLeod
Engineering Technician
PO BOX 3395'" West Palm Beach, Florida 33402- 3395... Phone: 561.832.0872 ... Web: www.fpuc.com
EXHIBIT "e"
Conditions of Approval
Project name: NE ih Ave and NE 8th Ave
File number: ABAN 07-003
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:
1. Abandonment is contingent upon retaining the full width as a utility easement.
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
Conditions of Approval
NE 7th Ave and NE 8th Ave ABAN
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\NE 7th Ave and NE 8th Ave ABAN\COA.doc
City Codes Accessed Via Website
www.bovnton-beach.orq
www.amleqal.com/bovnton beach fI
Has applicant attended a pre-application meeting? , Date:
CITY OF BOYNTON BEACH
APPLICATION TO ABANDON/VACATE
PLANNING & ZONING DIVISION
NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to
Planning and Zoning (Two (2) copies of application are required.)
PROJECT NAME:
Proposed Abandonment 13.8' "Alley" Property
AGENT'S NAME:
City of Boynton Beach - Department of Public Works - Jeffrey Livergood
AGENT'S ADDRESS:
100 E Boynton Beach Blvd.
Boynton Beach, FL 33435
AGENT'S PHONE:
(561) 742-6201
AGENT'S FAX:
(561) 742-6285
OWNER'S NAME:
(or Trustee's)
OWNER'S ADDRESS:
City of Boynton Beach
100 E Boynton Beach Blvd
Boynton Beach, FL 33435
OWNER'S PHONE:
(561) 742-6201
OWNER'S FAX:
(561) 742-6285
PROJECT LOCATION:
OR PCN NUMBER
"Alley" property between N.E. 7th Ave & N.E. 8th Ave, West of N.E. 7th Ave, bounded
(not legal description)
on the West by the East RjW of a 20 foot Alley
CORRESPONDENCE
ADDRESS:*
(if different than
agent or owner)
NjA
· This is the address to which all agendas, letters and other materials will be forwarded.
The undersigned, pursuant to Ordinance NO. 76-27 of the City of Boynton Beach, Florida, hereby applies to the
City Commission to vacate/abandon, and discontinue the,(check one):
( t/ ) i\ALLEyl! (f'Rcrl2~'1"'1)
( ) STREET
( ) SPECIAL PURPOSE EASEMENT
( ) OTHER NON-FEE INTEREST OF THE CITY
as described in attached Exhibit "A", and to renounce and disclaim any right of the City and the public in and to any
land in connection therewith.
Said application is to be filed with Planning and Zoning in duplicate and applications involving more than one of the
above listed non fee interests shall be filed separately. Each application so filed shall be complete in every
respect.
Representative of the project must be present at all Technical Review Committee, Planning and
Development Board or Community Redevelopment Agency and City Commission meetings held to review
this project.
The undersigned her~by certify:
1. That a complete and accurate legal description with the specific property interest sought to be vacated or
abandoned, including where possible a plat map or drawing showing the general area and location
involved, is set forth in Exhibit "A" attached hereto.
2. That the title or interest of the City and the public in and to the specific property interest described above
was acquired and is evidenced by,
(check one):
(
(
(
t/
DEED \
DEDICATION (V;c.. lJeN- i>\"TTCb ?~R~)
PRESCRIPTION
Recorded in Record Plats (Book 11, Page 71) & Book 11
Beach County, Florida.
, Page 40 , and Public Records of Palm
3. That no similar application has been considered by the City at any time within six (6) months of the date
hereof, and should this application be granted, such abandonment and vacation will prevent no other
property owners from access to and from their property and not other property owners in the vicinity will be
adversely affected.
4. That the above described property interest is under the control and jurisdiction of the City Commission of
the City of Boynton Beach, Florida; is not a part of any state or federal highway system; and was not
acquired or dedicated for state or federal highway purposes.
5. That the following constitutes a complete and accurate schedule of all owners and occupants bounding and
abutting the property interest described above.
6. The list of mimes and addresses of the owners and occupants of abutting real property, addressed
envelopes and 1st class postage (stamps or pay for required postage).
NAME
ADDRESS
SEE ATTACHED LIST .
7.
Verification from each affected or potentially affected utility company that they have no interest in the
vacation/abandonment, or, if they have present or future interest, proposed easement documents
protecting their interests. (See attached Utility Company list) (ALL UTILITY COMPANY RESPONSES
MUST BE INCLUDED WITH APPLICATION SUBMITTAL)
Obtain a survey of the street (or easement). .s ~e.. vh. b. t II A" CUlcJ P-e \Ct ~i'.J ClaRlc" \-
8.
9.
Obtain a title opinion (ownership and encumbrance report) from a title company.
10.
That the following grounds and reasons are submitted in support of this application:
City Staff is unable to identify any public purpose to maintain this alley right of way. Continued City ownership suggests
continued future responsibility and associated liability. Staff believes this area will best serve adjacent resisdents by
providing additional private property plus add tax base to the City. The City should maintain the utility easement.
DATED: '~l. .v~' ....7,. ~ 00' 7
APPLlCANT(S) NAME (PLEASE SIGN) ADDRESS
Jeffrey Livergood, P.E., Director of Public Works 100 E. Boynton Beach Blvd, Boynton Beach, FL 33435
;:{:(/~~ /itfA Jk,L-
I \,\
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STATE OF FLORIDA
COUNTY OF PALM BEACH
The abovEUlamed applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated
that -L.JleJ- ~is the applicant(s) in the foregoing Application to AbandonNacate; that they have read the
same and that the facts erein set forth are tru(;lnd correct to the best of their knowledge.
;SUN~ e; ~oJv
/
~~ GLENN J. WElXLER
,~ MY COMMISSION # 00561883
~.,.~ EXPIRFS: JWIC 08.2010
1-lI'JO.3-NOTARY Fl. Notary DiSlXlWlt Assoc. Co.
My Commission xpires:
Updated 10/15/01
~
@ BELLSOUTH
BellSouth Telecommunications, Inc.
Engineering Department
2021 So. Military Trail
West Palm Beach, FL 33415
Office: 561-439-9118
Fax: 561-964-3499
Mr. H. David Kelley, Jr.
City Engineer
Public Works Department
P.O. Box 310
Boynton Beach, Florida 33425-0310
,.
D
April 2, 2007
APR ! 2 2001'
Re: Proposed Alley Abandonment between NE Seventh & Eighth Avenues, East
of Federal Highway, Boynton Beach, Florida
Dear Mr. Kelley:
BellSouth Telecommunications, Inc. has reviewed the above-referenced abandonment
request and has existing aerial cable and poles along the alley. BellSouth will require an
easement to maintain the existing cables.
Please contact my office if you require additional information concerning this matter.
Q]1' fo-
Robert Lowen
Project Manager
Cc: Steve Buck
Attachment