Nautica Blvd. Abandonment DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Nautica Boulevard PUD Rigt-of-way Abandonment
APPLICANT'S AGENT: Michael Rodriquez
APPLICANT'S ADDRESS: 301 Yamato Road, Suite 4150 Boca Raton, FL 33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 6, 2002
TYPE OF RELIEF SOUGHT: Abandon Nautica Boulevard Right-of-way
LOCATION OF PROPERTY: Nautica PUD
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 and 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:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The App. li/cant
~ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The Applicant's application for relief is hereby
_~_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
~ O .,"o'"' '"' ', '- "'
DATED: /,~- ~-
$:\Plan ning\S HAR ED\W P\P ROJ ECTS"uNAUT1CA'~BAN
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Location Map
Nautica Abandonment
EXHIBIT "A"
--- BAHIA WAY
!;:PUD
SITE
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SURVEY NOTES:
I. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AN0 MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. BEARINGS AND DISTANCES SHOWN HEREON ARE PER THE PLAT OF NAUTICA P.U.O.,
PLAT ONE WITH A REFERENCE BEARING OF NORTH 89°25'34'' WEST ALONG THE
NORTHERLY MOST NORTH RIGHT OF WAY LINEOF NAUTICA BLVD.
4. THIS SKETCH IS NOT A BOUNDARY SURVEY AS SUCH
5. SEE SHEET 2 OF 6 FOR LEGEND
6. THE 'LAND DESCRIPTION" HEREON IS IN ACCORDANCE WITH THE INSTRUMENT OF RECORD
7. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORDS AND DOES
NOT CONSTITUTE A FIELD SURVEY AS SUCH.
LAND DESCRIPTION:
TRACT "B", NAUTICA P.U.D. PLAT ONE, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK ?4, PAGES ~?0-175 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 13, TOWNSH:P 45 SOUTH,
RANGE 42 EAST:
SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY,
FLORIDA, AND CONTAINING 190,260 SOUARE FEET (4.37 ACRES), MORE OR LESS.
CERTIFICATE
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED
PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION AS
DELINEATED UNDER MY DIRECTION ON JANUARY D, 2002. I FURTHER CERTIFY THAT THIS
SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE
FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61CI7-6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT_TO
THE QUALIFICATIONS NOTED HEREON. KEITH AND SCHNARS, P.A. ///
/
ENGINEERS-P~lqNERS-SURVEYORS //
BY: ROBERT K. KRISAK, P.S.M.
FLORIDA REGISTRATION NO. 4641
SKETCH OF DESCRIPTION DATE m-o3-o2 DAlE REVISIONS KBITH AND $CHNAR$,P.A.
NAUTICA BOULEVARD SCALE ASSH0~
~ ENTERS - PLaNeRS - SURVEYORS
TRACT "B", NAUTICA P.U.D. FIELD BK. N/A
(PB 74, PG. 170-175 P.B.C.R.) DW~.BY T.H.G. SHEEI NO. I 0F 6 SHEERS
CIFY OF BOYNTON BEACH
P~,~ ~E~c, COU~rY.F~O,,O* CHK. BY R.~.K. DRAWING NO. IG937L-
SEE SHEET 4 OF 6
TRACT "B", NAUTICA P.U.D N~ATCH t [NE
170-~75 P.B.C.R. ) --1 i 50 0 50
20' UTILITYI I 1 GRAPHIC SCALE
o~ EASEMENTIO' UTILII ~ ~ ~ ~ EASEMENT
z
~ 5 LIMITED ~cc~ss Ii ~ ~ t EASEMENT (p)
, z TRACT "D"
EASEMENT ~ I
[O.R.8. 6099, PG. 1506] I~
~ 20' UTILITY EASEMENT
EAST LINE SEC. 13 ~ (O.R.B. 6099,
SKETCH OF DESCRIPTION DATE m-o~-o~ DA~E REVISIONS ~IT~ 8CHN RS,
~ ENG~RS - PLA~ERS - SURVEYORS
(PB 74, PG. 170-175 P.B.C.R.) O~.BY T.N.6. SNEE~ N0. 3 0F 6
CITY OF BOYNTON
.*~ ~[~c, cou. T~,~omo* CHK. BY R.K.K. DRAWING NO. I G93/L-
~0' UTILITY
EASEMENT (P
50 O 50
GRAPHIC SCALE
(LOT LINES
NOT SHOWN)
/
/
/
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/
/
/
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/
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I
5' LIMITED ~,(CpC~SS--~ EASEMENT
/
/
/
/
/
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MATCH LINE
SEE SHEET 5 OF 6
TRACT "B", NAUTICA P.U.D
(PB 74, PO 170, P.B.C.R. )
(LOT LINES NOT SHOWN)
SKETCH OF DESCRIPTION DATE 01-03-02 DATE REVISIONS ..~j~KEITH AND SCHNARS, P.A.
NAUTICA BOULEVARD SCALE AS SH0~IH G/~J~ LB ,337 '
~ ENC~ERS - ~ERS - SURVEYORS
TRACT "B", NAUTICA P.U.D. FIELD BK. N/A
(PB 74, PG. 170-175 P.B.C.R.) DW~.BY T.H.G. SHEET N0. 4 0F 6 SHEETS
CITY O~ BOYN[ON
P~L~ BE~CH COUNTY, FLORID* CHK. BY R.K.K. DRAWING NO. 16937L-
I S E E !oSFM E6E T~ ,
,0' UTILIT¥-----~ I ~ I N
EASEMENT (P) Z j J
5' LIMITED ACCESS Il ~ i II
EASEMENT (P) -J F - > ,
Il ~ ~ ' EASEMENT
~ ~ GRAPH[C SCAL~
mjj 4Q.o' .~, 40.o' ~J TRACT "B", NAUTICA P.U.D
II ] I (PB 74, PG 170-175, P.B.C.R. )
~ EASEMENT
[-- · __
(LOT LINES NOT SHOWN) l
~/~ i ~' ~ (LOT LINES NOT SHOWN)
/ ~. ~ 5~~ _/-~' ~. , /~
PLAT LIMITS I
SKETCH OF DESCRIPTION DATE 01-o]-02 DATE REVISIONS
NAUTICA BOULEVARD SCALE AS SH0~
TRACT "B", NAUTICA P.U.D. FIELD BK. N/A ~~,.~,~.~m,~.~
(PB ~4, PG. 170-175 P.B.C.R.) DWi. BY T.H.G. SHEET N0. 5 0F~6 SHE~S
CITY OF BOYNTON BEACH
PALM 8EACH COUNTY, FLORDA CHK. BY R.K.K. DRAWING NO. 169~7L-
MATCH LiNE
'~'-"----"~__.._ = :~-.~/SEE SHF'[fT 5 OF 5~r--/"7-
"~[ I//F~I//'~
50 0 50 ' ~ , ~ ~ 7
I
~1~ EASEMENT (P)
t t
20' LAKE ~ ~
MAINTENANCE I ~ ~ ~ IO' BUFFER
EASE~NT (P) I I ; I I EASEMENT (p)
20' LAKE
UAINTENANCE SIGNAGE ~ I ~ j ~ ~
EASEUENT (P) EASE~NT ~ / j I ~ 20' LAKE
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/ EASE~NT (P) / X ~ I I
~ / /' ~ ,,~ ;~, ~ i X~~---
- -- -- ~ _ _ -- '~ I /__ Y+,~d , . ?o_ N--~ ~
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__.__[~.L~.N~. SEC. 13 NO2"o]'e?"E -~
~ L A WRE NC~' ~5~5 ....... ~ .......................................~-
13' F,P,L, EASEMENT
(O,R.B, 61~4, PG, 256)
SKETCH OF DESCRIPTION 0ATE m-o]-o2 0~E REWS~0~S ~[~~ A~ ~A~[,~,A.
NAUTICA BOULEVARD SCALE AS S~O~ ~ ~.,~
TRACT "B'. NAUTICA P.U.D. FIELD BL N/A
(PB 74. PG. 170-175 P.B.C.R.) )~.BY ~.H.O. SHEET NO. 6 OF 6 S~[E~S
,~LN ~[*C. couNm~o,m* CHK. BY R.K.K. DRAWING NO. 16937L-
EXHIBIT "C"
Conditions of Approval
Project name: Nautica PUD Right-of-way Abandonment
File number: ABAN 02-002
Reference: Abandon Nautica Boulevard right-of-way
DEPARTMENTS INCLUDE I REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None
1. A utilities easement encompassing the entire Nautica Boulevard right-of-way X
shall be dedicated to the City of Boynton Beach. This dedication shall occur
prior to final recordin~ of the abandonment.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Conditions of Approval
2
DEPARTMENTS I INCLUDE REJECT
Comments: None X
PLANNING AND ZONING
2. To ensure the intended use and maintenance of abandoned right-of-way for X
private access purposes, the appropriate documents(s) or plat shall be amended
accordingly.
3. Project will require approval of Florida Power & Light and BellSouth X
Telecommunications Inc.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments:
4. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
5. To be determined.
S:\Planning~SHAR ED\W P~P ROJ ECTS'u",IAUTICA~BAN 02-002\COA.doc
TO:
THRU:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
bIEbIORANDUM NO. PZ 02-211
Chairman and Members
Planning and Development Board
Michael W. Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP
Planner
October 3, 2002
Nautica PUD Right-of-way Abandonment
ABAN 02-002
NATURE OF REQUEST:
This request to abandon a public right-of-way was submitted on May 15, 2002. The applicant, Michael A.
Rodriguez, Esq. agent for Nautica Homeowners Association, is requesting to abandon the Nautica
Boulevard right-of-way (Tract "B"). The abandonment will also include a small portion of the Bermuda
Sound Way right-of-way. The plat shows that this portion of Bermuda Sound Way is a component of Tract
The entire right-of-way of Nautica Boulevard (including that small portion of Bermuda Sound Way) as
shown on the surveywill be converted to private road and the Home Owners Association will grant to the
City, a utility easement over that roadway for utility and maintenance purposes. In addition, the portion of
Nautica Boulevard that directly abuts the City park (Tract "D") will be coverted to a private roadway and
granted to the City, both as a utilty easement and as an access easement. The attached Exhibit "B"
shows the location of the applicant's property and includes a diagram of the specific rights-of-way to be
abandoned.
BACKGROUND:
The 80-foot wide right-of-way (Tract "B") currently functions as the primary means of ingress / egress to
the residents of Nautica PUD. The Home Owners Assocation of Nautica PUD has expressed future
interest for possible roadway improvements (such as the installation of speed humps) as well as increased
security measures (gated entranceways). Nautica Boulevard, a loop road, directly connects to Lawrence
Road at two different points.
ADJACENT USES:
(see Exhibit "A" - Location Map)
North: Nautica PUD Plat One, City of Boynton Beach Park (Tract "D")
South: Nautica PUD Plat Two
East:
West:
Lawrence Road right-of-way
Nautica PUD (Recreation Tract)
Page 2
Memorandum No. PZ 02-211
ABAN 02-002
ANALYSIS:
If the abandonment is executed, both halves of the 80-foot wide right-of-way of
Tract "B" would be deeded to the HOA, except for the half (40-feet) directly adjacent to Tract "D" (City
park). This half (abutting the public park) would be owned by the City. However, the City would then Quit-
Claim this half back to the HOA so that the HOA would maintain the right-of-way. Finally, the 80-foot wide
right-of-way (only abutting Tract "D") will serve as a utility easement and also as an access easement.
Converting Nautica Boulevard (Tract "B") to a utility easement will allow for service and emergency
vehicles to access the roadways / utility infrastructure if the need arises. An access easement, however,
would only allow the public to access the City park (when the park is developed). The HOA submitted the
necessary documents to abandon the right-of-way and convert it to a utility easement / access easement.
It is staff's understanding that the Homeowners Assocation (HOA) of Nautica PUD wants to convert the
Nautica Boulevard right-of-way from a public road to a private road in order to facilitate possible future
improvements within the right-of-way (such as gating the entranceways or installing speed humps). Any
future consideration for gating one (1) or both of the development's main entrances or to install traffic
calming devices would require separate staff review. This staff report neither addresses nor anlyzes the
gating of the entranceways or the installation of traffic calming devices. If this abandonment is approved,
a master plan modification to the Nautica PUD would be required should the HOA request these major
types of improvements. With consent from staff, a private road within a residential subdivision, such as
.Nautica Boulevard, could be closed off to the public provided that fire and emergency ingress / egress is
maintained.
The following responses were received from the affected parties:
CITY DEPARTMENTS
Engineering
Utilities
Planning and Zoning
PUBLIC UTILITY COMPANIES
No objection
No objection
No objection
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
Approval with conditions (see Exhibit "D")
Approval with conditions (see Exhibit "D")
No objection
No objection
N/A
RECOMMENDATION:
Staff recommends that this request to abandon the right-of-say be approved, subject to the comments
included in Exhibit "C" - Conditions of Approval. Any additional comments recommended by the Planning
and Development Board or by the City Commission will be placed in the Conditions of Approval.
xc: Central File
S ~Planmns~SHARED\W~PROJECTS',NAUTZCAIABAN 02-O0"'~StaffR¢~art doc
Location Map
Nautica Abandonment
EXHIBIT "A"
AG
SITE
,~R 1 AA
EXHIBIT "B"
2O0 0 20C
GRAPHIC SCALE
TRACT "B", NAUT[CA P.U.O
(PB 74, PO 170-175, P.B.C.R. )
RECREATION TRACT
Iii I- 40.04 '
S,3U ~ 3,1 · 4,4 "','1
FR~CT "0"
2,Sa. 76'
S02"03'2Z
! Fi;'/,C F "C
NAUF~'C_A_. 8OULEV~,RO fp ~
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I rR~crl
LEGEND
P PLAT
PBCR PALM BEACH COUNTY RECORDS
PB PLAT BOOK
PO PAGE
L8 LICENSED BUSINESS
PSM PROFESSIONAL SURVEYOR AND MAPPER
0RS OFFICIAL RECOR0 800K
FPL FLORIOA POWER AND LIGHT
R RAOIU5
A ARC
L LENGTH
~ 0ELTA
~ CENTERLINE
PL~,T LIMITS
TRACT
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EXHIBIT "C"
Conditions of Approval
Project name: Nautica PUD Right-of-way Abandonment
File number: ABAN 02-002
Reference: Abandon Nautica Boulevard right-of-way
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None
1. A utilities easement encompassing the entire Nautica Boulevard right-of-way X
shall be dedicated to the City of Boynton Beach. This dedication shall occur
prior to final recordin~ of the abandonment.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None X
PLANNING AND ZONING
2. To ensure the intended use and maintenance of abandoned right-of-way for X
private access purposes, the appropriate documents(s) or plat shall be amended
accordingly.
3. Project will require approval of Florida Power & Light and BellSouth X
Telecommunications Inc.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments:
4. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
5. To be determined. ~
S:\Planning~SHARED\W P\PROJ ECTS'~IAUTICA~,ABAN 02-002",COA.doc
EXHIBIT "D"
October 22, 2001
Sachs, Sax & Klein, P.A.
Northern Trust Plaza
Suite 4150
301 Yamato Road
Boca Raton, Florida 33431
Attn: Michael A. Rodriguez, Esq.
RE: Application to AbandonNacate Nautica Boulevard Right-of-Way, Boynton Beach, Florida
Oear Mr. Rodriguez:
In reference to your letter dated Ociober 16, 2001 (see enclosed), FPL has no objection to the
Abandonment/Vacating of Nautica Boulevard Right-of Way. This "no obiection" is contingent upon as
stated in your letter, once the right-of-way is conveyed to the Association, FPL road crossing facilities are
protected either by easement or permit.
If you require any further information or assistance, please do not hesitate to contact me at (561) 742-
2009.
Customer Project Man. a. ger
an FPL Gro~fp cnmpany
EXHIBIT "D"
@
BellSouth Telecommunications, Inc.
ENGINEERING DEPT. - RM. 107
202] SO. MILITARY TRAIL
WEST PALM 8EAC:,~, FL 3:~5
October 1,2001
Mr. Michael A. Roddguez, Esq.
Sachs, Sax & Klein, P.A.
Suite 4150 - Northern Trust Plaza
301 Yamato Road
P.O. Box 810037
Boca Raton, Florida 33481
RE: Application to Abandon/Vacate Nautica Boulevard Right-of-Way
Boynton Beach, Florida
Dear Mr. Rodrig-uez:
BellSouth has facilities in this Right-of-Way. Therefore, we require 24 hour access
[ ingress egress regress] to this right-of-way. In addition, for exiting and future
facilities we are granted the same rights to remain in or place future facilities in the right-
of-way.
If you have any questions please call me at 561-439-9118.
Yours truly,
LFM:dn