05-026
'lg~gml~III~llnllllll'l
The Citv of Bovnton Beach CFN 20050441809
OR BK 18917 PG 0146
RECORDED 07/18/2005 08:28:09
City Clerk's Office Palm Beach County, Florida
Sharon R. Bock,CLERK & COKPTROLLER
100 E BOYNTON BEACH BLVD Pgs 0146 - 149; (4pgs)
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
CERTIFICATION
I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that the attached copy of Ordinance 05-026,
consisting of three (3) pages, is a true and correct copy as it appears in the
records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 12th day of July 2005.
~'fh. ~
J ET M. PRAINITO, CMC
CITY CLERK
(SEAL)
·ertification - JP - Ordinance. doc
America's Gateway to the Gulfttream
1/
1 ORDINANCE NO. 05-0ab
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT
5 OF THE REMAINING PORTION OF AN
6 UNIMPROVED 30 FOOT WIDE ROAD RIGHT-OF-
7 WAY LOCATED ON THE SOUTH SIDE OF OLD
8 BOYNTON ROAD; (ABAN 05-001 ), SUBJECT TO
9 STAFF COMMENTS; AUTHORIZING THE CITY
10 MANAGER TO EXECUTE A DISCLAIMER, WHICH
11 SHALL BE RECORDED WITH THIS ORDINANCE IN
12 THE PUBLIC RECORDS OF PALM BEACH COUNTY,
13 FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
14
15
16 WHEREAS, Florida Public Utilities is requesting abandonment of the remaining
17 portion of an unimproved, 30 foot wide road right-of-way located on the south side of Old
18 Boynton Road approximately 300 feet west of Winchester Park Boulevard, situated between a
19 small parcel of land to the east (owned by the Florida Public Utilities) and a large parcel of land
20 to the west used as a water retention area for Wal-Mart, subject to staff comments; and
21
22 WHEREAS, comments have been solicited ITom the appropriate City Departments, and
23 public hearings have been held before the City's Planning and Development Board, and the City
24 Commission on the proposed abandonment; and
25
26 WHEREAS, staff has determined that the roadway provides no public service; and
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
30
31 Section 1. The foregoing Whereas clauses are true and correct and incorporated
32 herein by this reference.
33
34 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
35 abandon the remaining portion of an unimproved, 30 foot wide road right-of-way located on the
36 south side of Old Boynton Road approximately 300 feet west of Winchester Park Boulevard,
37 situated between a small parcel ofland to the east (owned by the Florida Public Utilities) and a
38 large parcel of land to the west used as a water retention area for Wal-Mart, subject to staff
39 comments, and more particularly described in the attached Exhibit "A." A location map is
40 attached hereto as Exhibit "B."
41
42 Section 3. The City Manager is hereby authorized and directed to execute the
43 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
44 of Palm Beach County, Florida.
45
46 Section 4. This Ordinance shall take effect immediately upon passage.
S:ICAIOrdinanceslAbandonrrentslAbandonment - Portion of Old Boynton 05-001.doc
1/
1 FIRST READING this ~_ L day of J1kn~
2 ,2005.
3
4 SECOND, FINAL READING AND PASSAGE THIS ~ day of
5
6 ,2005.
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
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20 per ~.
21 ~
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23 Commissioner
24 ATTEST:
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S:\CA\OrdinanceslAbandonrrentslAbandonment - Portion of Oid Boynton 05-001.doc
CFN 20050435135
Address: OR BK 18901 PG 0543
.. . . 0'\\ RECORDED 07/13/2005 15:11:29
\'J V,', \ \. (.' Palm Beach County, Florida
Sharon R. Bock,CLERK & COMPTROLLER
Pg 0543; <1pg)
Return to: City of Boynton Beach
City Clerk's Office
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
DiSCLAlMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach,
Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon
the remaining portion of an unimproved, 30 foot wide road right-of-way located on the south
side of Old Boynton Road approximately 300 feet west of Winchester Park Boulevard,
situated between a small parcel of land to the east (owned by the Florida Public Utilities) and
a large parcel ofland to the west used as a water retention area for Wal-Mart, subject to staff
comments, and more particularly described in the attached Exhibit "An.
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this 5th
day of Jul.y, ¡O05.
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
Florida, known to me to be the persons described in and who executed the foregoing
instrument, and acknowledged the execution thereof to be their free hand and deed as
such offiçe~~, felf the u::es ~n::! purposes me::ticned therein; that they affi~~d thereto the
official seal of said corporation; and that said instrument is the act and deed of said
corporation.
WITNESS my hand and official seal in the said State and County this 5th day of
July, 2005.
,~ frl. Jk~~
NOTARY PUBLIC, State of Florida
My Commission Expires:
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6~...wt~ ax ~'!- M. Madden
~0.{Äl·~.dom~ission II DD125274
-;. ~'s:: i?~ BrplIlS]uly 19. 2006
"',,[ on\.G,'...... Bonded 1hro.
'1¡/I1\\\ Atla.ntk BondingCo..ln.c.
Ordinance 05-026
S:\CA\Ordinances\AbandonmentsV\bandonment - Portion of Old Boyn(Of"I 05-001.doc
EXHIBIT "A"
A portion of the 30-foot right-of-way lying west of and adjacent to Tract 42 as shown on the
SUBDIVISION of Section 19, Township 45 South, Range 43 East, Palm Beach County, according to
the plat thereof recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County,
Florida, said portion lying South of the right-of-way line of Old Boynton Road (as currently laid out and
in use) as recorded in O.R.B. 4276, Page 1105 of the Public Records of Palm Beach County, Florida,
and more particularly described as follows:
BEGINNING as a point on the west line of said Tract 42, 20 feet south of its original northwest tract
corner (said point being on the existing south right-of-way line of Old Boynton Road), thence run
southerly along said west line of Tract 42, a distance of 252.13 feet to a point on the north line of a
drainage easement as described in O.R.B. 10939, Page 1451, Public Records of Palm Beach County,
Florida, thence run westerly along said north line of said drainage easement a distance of 30 feet to a
point on the east line of Tract 45 as shown on aforesaid plat of the SUBDIVISION of Section 19 (said
east line being also the east line of Tract "An (stormwater easement) of the plat of WAL*MART AT
BOYNTON BEACH, as recorded in Plat Book 94, Pages 140 & 141, of the said Public Records of
Plan Beach County, Florida), thence run northerly along the east line of said Tract 45, a distance of
253.67 feet to a point on the said existing south right-of-way line of said Old Boynton Road, thence run
easterly along said south right-of-way line a distance of 30 feet to the POINT OF BEGINNING.
SUBJECT TO a 15-foot utility easement over the west 15 feet thereof.
CONTAINING 0.17 acres, more or less.
.
S:\CA\OrdinanceslAbandonrrentslAbandonment - Portion of Old Boynton 05-001.doc
CITY CLERK'S OFFICE
MEMORANDUM
TO: Kurt Bressner
City Manager
FROM: Janet M. Prainito
City Clerk
DATE: July 6, 2005
RE: Contracts and Agreements Approved by City Commission on 07/05/05
Attached is an original disclaimer for Ordinance 05-026 that authorized the abandonment of a portion of
an unimproved 30' wide road right-of-way located on the south side of Old Boynton Road (ABAN 05-001).
The Ordinance was adopted by the City Commission at their regular meeting.
Please sign the disclaimer and return to me for processing.
~.m. ~
Attachments
S:\CCIWPIAFTER COMMISSIONICity Manager Transmittalsl2005\Disclaimer _ 07-05-05.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Florida Public Utilities
APPLICANT'S AGENT: Mr. Christopher Canino, Engineering Manager / Florida Public Utilities
APPLICANT'S ADDRESS: 401 South Dixie Highway West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSI()I\I' May 17, 2005
TYPE OF RELIEF SOUGHT: I ~ í\ Ex:e-~+e... lot unimproved road right-of-way
LOCATION OF PROPERTY: ( \)0 ~ I Winchester Park Boulevard and
( ~~ ¿~~ jirectly west of undeveloped
lé
DRAWING(S): SEE EXHIBIT"
THIS MATTER c of Boynton Beach, Florida
appearing on the Consent Agen I hereby adopts the findings
and recommendation of the Plar md as follows:
OR
X THIS MATTER ca on of the City of Boynton
Beach, Florida on the date of heé ving considered the relief
sought by the applicant and hean . .--. oJ VI dty 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 "C" 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\Florida Public Utilities\ABAN 05-001\DO.doc
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"A porti", of 111< - right..,.,.., I~...... of."" adJooent 10 T'OCt 42 .. shown on th. SUSDIVJSION of _n 1., Townah~ 46 SouIh,
...... 43 East. Palm Be.ch Co'nty. -. 10 tho plat th...of """mOd In "'at BOOk 7. ..... 1., of tho Pubtio "- of ..Im Beach County,
-, ..Id -lying So"," '" "'l1gh~-'Noy line '" Old 80"""" Road fas "'_laid ..,t .... In _) .. _d In 0...&, """, "øgo
11n.I\ t\f tho Publio Roootd" of ,.....~II' 8t:f~Ch Goumy, !-loNda, and more particularly described as follows:
BEGINNING as poInt on the west line of said Tract 42, 20 feet south of Its original northwest tract comer (sak:f poInt being on the exIsting south
I1ghl<>l-way 100 of..1d Old B......n Rood). thence non SOUIh..... .lon9 s... west ,.,. of Tmc:t 42, a d""'nœ of 252.13 r.at '" a point on ... nOl1h
9n. of · d..""'OO '!'I.."... os d..",_ 10 a.R.B. 10939. .ag. 1451, .'bIo ....... of ..'m Beoch Coonty. Florid., thence run west..... o1on9
said IlOrth line of såld drainage easement 8 distance of 30 feet to á point on the east line of Tract 45 sa shown on aforesaid plat of thlll
SUBDIVISION of Section 19 (said east line being also the east line of Traet 'A' (storrnwater easement) of the plat of WAl"I'.1ART AT BOYNTON
BeACH, .. -<tied ;" "'" Book 94. ..... 140 & 141. of'" said Pub" Records of ..Im Be.... Co""",, FlOOd'), """'ce Nn -orly .Ioog tho
east line of said Traçt 45, a dlstanoe of 253.67 feet to .. point on the said existing south right-of-way line 01 $aid Old Boynton Road, thence run
e..terly along said south right-of-way line a distance of 30 feet to the POINT OF BEGINNING.
Subject to a 15 foot utility easement over the west 15 feet thereof. .
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EXHIBIT "C"
Conditions of Approval
Project name: Florida Public Utilities
File number: ABAN 05-001
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. Subject to a 15 foot utility easement over the west 15 feet thereof. X
POLICE
Comments; None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
PUBLIC UTILITY PROVIDERS
Comments:
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
2. Abandonment request requires an affirmative response from Florida Power & X
Light prior to the second reading of the ordinance.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
3. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
4. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Florida Public UtiJities\ABAN OS.OO1\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Florida Public Utilities
APPLICANT'S AGENT: Mr. Christopher Canino, Engineering Manager / Florida Public Utilities
APPLICANT'S ADDRESS: 401 South Dixie Highway West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 17, 2005
TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a 30-foot unimproved road right-of-way
LOCATION OF PROPERTY: Generally located at the southwest corner of Winchester Park Boulevard and
Old Boynton Road, more particularly located directly west of undeveloped
land, zoned C-3.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning & Development Board, which Board found as follows:
OR
X 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 "C" 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\Florida Public Utilities\ABAN 05-001\DO.doc
",
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida April 26, 2005
to have a workshop with this Board to present the consultant's findings. The study is
not ready for distribution to the Board and he would like to determine how the Board
would like to address this.
Mr. Rumpf felt it was important that the Board be furnished this information well in
advance to provide members an opportunity to review it. After review of the information,
a workshop could be scheduled or it could be included on the agenda for a regular
meeting. The consultant would also be present in either case.
After discussion, it was determined to schedule a workshop one hour earlier on the
same day as the Board's regular meeting. Mr. Rumpf will work on this and will advise
members whether the workshop would take place before the Mayor June meeting,
depending when the study is available. The workshop would take place from 5:30 p.m.
to 6:30 p.m.
Ms. Jaskiewicz inquired if the M-1 moratorium would affect the car wash on Congress
Avenue. Mr. Rumpf stated all projects in the works would be excluded from the
moratorium. Ms. Jaskiewicz inquired why a temporary moratorium was initiated for M-1
zoning. Mr. Rumpf felt it dealt more with aesthetics and looking at M-1 in proximity to
major corridors that are entryways into the City.
7. Old Business
None
8. New Business
A. Abandonment
1. Project: Florida Public Utilities (ABAN 05-001)
Agent: Christopher Canino, Florida Public Utilities
Owner: Florida Public Utilities Company
Location: South side of Old Boynton Road approximately
300 feet west of Winchester Park Boulevard
Description: Request to abandon a portion of an
unimproved 30-foot wide road.
Chris Canino, 405 U.S. Highway 1, North Palm Beach, Florida, assumed the
podium. Chairman Wische asked the applicant if he agreed with staff comments and he
stated he did. Chairman Wische inquired if the applicant received an affirmative
response from Florida Power & Light and he stated they have received a response and
FP&L has no objection.
Eric Johnson, Planner, stated staff recommends approval, subject to the two staff
comments.
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida April 26, 2005
Chairman Wische noted there was no one in the public audience to address the issue.
Motion
Vice Chair Hay moved to approve the request to abandon a portion of an unimproved
30-foot wide road. Motion seconded by Mr. Casaine and unanimously carried.
B. Code Review
1. Project: LDR Revisions (CDRV 05-007)
Agent: City Initiated
Location: N/A
Description: Proposal to amend the Land Development
Regulations, Chapter 2, Zoning, Section 4.B,
4.J, and 5.A-5.E, relative to residential district
building setbacks, and regulations for fences,
walls, and sheds
Ed Breese, Principal Planner, presented the item.
./ Building Setbacks
The City Commission requested staff during their review and re-write of the Land
Development Regulations (LDR) to look at the setbacks in the residential districts due to
the magnitude of variance requests that were coming to the City, most of which dealt
with rear yard setbacks. While reviewing rear yard setbacks, staff determined to look at
all the setbacks so homeowners would be able to expand their homes to add an
additional bedroom, meet expanding family needs, etc. In so doing, families would be
able to remain in the City instead of having to move.
Staff will be making the recommendations (1) to reduce rear-yard setbacks in all single-
family zoning districts from 25' to 20'; and (2) to allow an administrative adjustment for
setbacks that could be handled in-house by staff. Mr. Breese reviewed the zoning
changes that staff could administratively adjust regarding setbacks in R-1 AA zoning
districts for single-family homes as follows:
./ Front setbacks of 25' with administrative adjustment could go to 20'.
./ Rear setbacks would be 20' in all districts and with an administrative variance it
could go to 15'.
./ Side setbacks are currently 10' and, with an administrative adjustment, could go
to 8'.
Staff is also recommending the creation of special rear-yard setbacks for properties that
abut railroad tracks, 1-95, lakes, the Intracoastal and properties that do not have a
"neighbor" in their backyard. In these instances, the rear yard setback could go from 20'
to 10'. This category would also include City and private parks.
5