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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 ---j - I -- 1 1 ------J ~---l I I AMH ~3a3:1 N ~~r ~-l_ ~ -'--- o NE i I i r I I ---0-1 ~: -1 - i-] ~- I -~: -~-i ~:__ ~ I I ; i ~I~ '~o~ i ~ I ~ i o - i_I i _;;Jill 1----- r------'--l -- w, 0 I _ I c..J~ : N ~ :: I " I<t I ,0 i....: . :;w.E I' L~ i _J :-. i ~ _ I '~--~ i 0 ~ i I- O~ :fZ 1001 (.) o l; 7-, i-::;r 0 , j!: ..J 01 !aJ~ i U) aJ~ I ! 0 I UI cL- I i I % ----'==-1 : ; I -Z I ! l; I ~~I 1___, o : '--_ --1 I 00 I i ~N'\ 1 I o~ I 1_ .....J I ----, I o - o o o - o o I I I _.1 -~ o 00 - o r- '0 :..,. L-..o .... o ClII - o o o N o o o N o I I 1____._______..___ i I ~-- I ~ , __ s 1- 0 I s I i -"I -- ! o i N I N o L-,- -=-h_--,---- i I.... i ~ i ~r i N i 0 o i ! o N o .... 1 I L..______ N. FEDERAL HWY AMH 303:1 N --r --'---~-_ I i 0 I N i T I ! 0 10 I : I Ii . - CD CD - ~ o LO \I .5 .- - <c - - ..... - c:c - I >< W -0 Q) C o -0 C CO .c <( Q) .c o +-' >. Q) - - <( ... EXHIBIT"B" . I=PL Florida Power & Light Company, 21400 Powerline Road, Boca Raton, FL 33433 11'; ~ ~, ~ 1"\i~'~ \0 'i:t ( \ 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 " ~ i 1\\/ It. C;:\if J/; '''\f-\I ,'-\ I-".J-' .JI.-:~ t 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 \,\ '~ J ~ 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