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Florida Public Utilities DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE Development CITY OF BOYNTON BEACH, FLORIDA P&Z Building Engineering Oce. License PROJECT NAME: Florida Public Utilities Deputy City. Clerk APPLICANT'S AGENT: Mr. Christopher Canino, Engineering Manager / Florida Public Util APPLICANT'S ADDRESS: 401 South Dixie Highway West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: MB) 17, 2605 Juti s: aoo5 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 AP~t _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: S:\Planning\SHARED\WP\PROJECTS\Florida Public Utili . ¡ . ., . ., I; C-3 4", ! ( Old Boynton Road ""tJ > OJ -~ ~"". C-3 m 0.. 1....." ill ......, (j) Q) ..L U ("'- ..... <:-- ........:1> PCD C-3 ~ .'" ¡. ( / ~,-.r ~~ \ . c 1~ -.V4' .LV..l.O .l"l1A UU~ 0..,'" OQO~ I'LA t'U.öL.l(; lI'.l'.lLS I::^"'ljll II III::J 7 7 ......, .......r vv "A portion of the 3O-foot right-of-way lying West of and adjacent to Tract 42 as shown on the SUBDIVISION of Section 19, Township 46 South. Range 43 E8st, Palm Beach County. according to the plat thereof recorded In Plat Book 7. Page 19, of the Publio Records of Palm Beach County, FlOI1da, said poltion lying South of the rlght-cf-way line of Old Boynton Road (as currently laki nllt An'" In 1I...) QC roDQrdcd ir1 O.R.e. 42:TO, page 11M nf ~ho Publlo Roootd" of P_IIII 6t1~ot1 coumy, t- Ol'lda, Bnd more particulariy described as folloW5: BEGINNING as point on the west line of said Tract 42, 20 feet ,outh of Its origInal northwest tract comer (said poInt beIng on the exIsting south right-of-way line of said Old Boynton Road), thence run $outheriy along said west lìne of Tract 42, a distsnce of 252.13 feet 10 a pOint 00 the north line of 8 drainage easement as desCfibed In O.R.B. 10939, Page 1451, Publio Record of Palm f3each County, Florida. thence I\Jn westerly along said north line of sàld drainage easement a distance of 30 feet to 8 point on the east line of Tract 45 as shown on afo~sald plat of thE! SUBDIVISION of Section 19 {said east line being also the east line of tract 'A' (storrnwatet easement) of the plat of WAl*MART AT BOYNTON BEACH. 8S recorded in Plat Book 94. Pages 140 & 141. of the said Public Records of Palm Beach County, Florida). thence run northerly along the east line of said TI1ICt 45, a dlstanoe of 253.67 feet to a point Dn the said existing south right-of-way line of said Old Boynton Road, thence run ellSterty along said south right-of-way line a distance of 30 feet to the POINT OF BEGINNING. Subject to a 15 foot utility easement DVer the west 15 feet thereot.. - - - . :.. 0 "E CO [NITIA TE > Q) - 'TRACT ." PART ::J STOANWÞ- TER .., QI.A. 0 ,~ I aJ EASEMENT o.R.B'Ii PO. 1110 -è: ro a.. WA T£R EJ.S£M£NT NO. J ...... OA 12728. PO. 1 VO, <D 'bð~ - ~ - - . - en '" lj.. .. ~~~ .. PORTION OF' THE DlWH,A.f:E ~U£Nr (]) I ~ IN M. tøø:s" ~I;. /4$' -C: 0 C ~ ~ ~~ «,. WATER £AS(M£NT NO. ~ .- ~Q''' O.R, 12725. fIG. .~to5 SA"ITÀR'f stv.tR . S ~~. ~~ ..0' STORM WAT€R EAStM£NT NO.1 " "- DAAINACE: EAStNENT O.R. 12728 - I~R' 1272. PI:. tv PO. 1 fOIl - O' $t()AJ.4 WATER 'NHAaE £ASthtf'Mr Ut. 12'2& pc., t 4 ..- HJTOCAI) FI.E HAM£: 5t6-t..$El1M ..... ... .. IIIIøaV2 .dwgV2.dwg, 2122 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 FORESTERlENVIRONMENT 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\Flolida Public Utilities\ABAN 05-001\COA.doc