AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetin~ Dates in to City Mana~er's Office Meetin~ Dates in to City Mana~er's Office
181 May 6, 1997 April 25, 1997 (noon) 0 July I, 1997 June 20, 1997 (noon)
o May 20, 1997 May 9, 1997 (noon) 0 July IS, 1997 July 3,1997 (Thursday noon)
o June 3, 1997 May 23, 1997 (noon) 0 August 5, 1997 July 25,1997 (noon)
o June 17, 1997 June 6, 1997 (noon) 0 August 19, 1997 August 8,1997 (noon)
RECOMMENDATION:
Staff recommends that this resolution, which would finalize the abandonment of the unimproved segment of Miner Road
east of High Road, be approved for adoption.
EXPLANATION:
Request to abandon the unimproved segment of Miner Road right-of-way between High Ridge Road and 1-95 pursuant to the
abandonment application known as Miner Road Abandonment (ABAN #95-005). For additional information, please see
attached Planning and Zoning Department Memorandum No 97-179.
PROGRAM IMPACT:
N/A
FISCAL IMPACT:
N/A
ALTERNATIVES:
N/A
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e~
City Manager's Signature
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 97-179
Agenda Memorandum for
May 6, 1997 City Commission Meeting
TO: Kerry Willis
City Manager
FROM: Tambri J. Heyden, AICP'0 f-/
Planning and Zoning Director
DATE: April 24, 1997
SUBJECT: Miner Road
Abandonment
(#95-005)
Please place the above-referenced item on the May 6, 1997 City Commission agenda under
Legal-Resolutions.
DESCRIPTION: The portion of Miner Road to be abandoned, was dedicated to the public by
recordation of the 1983 plat of Cedar Ridge PUD and High Ridge Commerce Park PID. The
purpose of the dedication was for the eventual extension of Miner Road, a 108 foot wide
collector road existing immediately to the west of High Ridge Road and which is interrupted by
the CSX Railroad and 1-95 rights-of-way, before it picks up again east of 1-95. The portion of
Miner Road to be abandoned includes a 54 foot wide strip (the northern portion of the intended
right-of-way) extending between High Ridge Road and the CSX Railroad right-of-way, and a 54
foot wide strip (the southern portion of the intended right-of-way) which represents only a
portion (approximately 562 feet) of the southern portion of the right-of-way ultimately to be
acquired. Miner Road, between High Ridge Road and the CSX Railroad right-of-way was
removed from both Palm Beach County's and the City's thoroughfare plans as there was no
plan to construct a bridge over 1-95 to extend Miner Road.
This request for abandonment first went to the Commission as a public hearing on December
19, 1995 and was approved with conditions. The conditions have now been satisfied and the
request is therefore ready for resolution adoption.
RECOMMENDATION: Staff recommends that the attached resolution, which would finalize the
abandonment, be approved for adoption.
T JH:mr
Enclosures
xc: Central File
S;\Pldnning\SHARED\WP\PROJECTS\Miner Rd Aban (95-005l\Miner Rd ABAN agm.doc
TO:
FROM:
DATE:
SUBJECT:
PLANNING AND ZONING DEPAR1
MEMORANDUM NO. 95-713
VI. PUBLIC HEARING
C
cc: Plan, Util, Dev
Agenda Memorandum for
December 19, 1995 City Commission Meeting
Carrie Parker
City Manager ~~
Tambri J. Heyden /.. I., .
Planning and Zonin Director
December 14, 1995
Miner Road - ABAN #95-011
Right-of-way abandonment
Please place the above-referenced request under Public Hearings for
the December 19, 1995 City Commission agenda.
DESCRIPTION: The above request was submitted by Richard Harris,
agent for Condor Investments of Palm Beach County, to abandon a
portion of Miner Road located between High Ridge Road and I-95 in
connection with expansion of the existing Waste Management facility
on Industrial Way. This request replaces the request that is
currently tabled by the City Commission. This request includes the
following separate dedications related to Miner Road:
1. The 54 foot width of Miner Road east of High Ridge Road
(original application that has been replaced) :
2. An additional 54 foot wide section of Miner Road right-of-way
that exists immediately north of the Waste Management facility
on Industrial Way.
3. A 25 foot wide easement that exists for Miner Road.
4. A five foot wide access control easement that exists for Miner
Road.
See Planning and Zoning Department Memorandum No. 95-649 for
further details.
RECOMMENDATION: The Planning and Development Board, with a 7-0
vote, recommended approval subject to the following conditions
being rectified prior to a resolution for abandonment. being adopted
by the City Commission: ~. .
1.
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5.
Written verification that Palm Beach County has accepted
an abandonment application to abandon the portion of
Miner Road that is dedicated to Palm Beach County.
Written documentation from FDOT and the CSX Railroad that
indicates they would not permit a "flyover" to be
constructed over their rights-of-way.
The applicant shall show compliance with any forthcoming
conditions of abandonment required by Florida Gas.
Submittal of ~~~"\ showing proposed dedication of
utility easeme ts to atisfy FPL and the City Utility
Department condi ~ons.
Written documentation, a~ct eto the City, that
verifies that the Rollyso ,F ~,I and Florentine Marble
parcels that abut the po . n of Miner Road to be
abandoned, have an alternate,perpetual means of access.
The following concern3 have been identified thus far
within the materials submitted in an attempt to address
w
...,
Page 2
Memorandum No. 95-713
Miner Road - ABAN # 95-011
Right-of-way abandonment
this issue:
a) Deed from Rollyson to Florentine Marble is missing
conveyance reference for dedication of a 30 feet
wide ingress/egress easement.
b) There is question as to whether Rollyson's sale to
Waste Management included Rollyson's own 30 foot
ingress/egress easement, therefore Rollyson may not
have access any longer. A separate easement should
have been rededicated by Waste Management for both
Rollyson and Florentine to use.
c) Since the city has never approved these
dedications, they have been forwarded to the city
attorney (response forthcoming) to ensure that they
are perpetual and incluSive of the city's language
requiring city approval to extinguish.
6. Written acceptance from Palm Beach County Traffic
Division regarding the abandonment request.
The Board further recommended clarification of the legal issues
raised by the applicant relative to condition 1, 2, 5 and 6 above.
Regarding comments 1 and 6, the attached letter received December
II, 1995 from Palm Beach County confirms that condition 6 has been
satisfied (so it may be deleted) and that condition 1 must remain.
Comment 2 can be revised to delete the requirement for a separate
letter from the CSX Railroad - a ~ter from FDOT can address both
jurisdictions. Regarding comment~the applicant submitted to me
a letter received December 12, 1995, wherein he states that he
would agree to dedicating a new access easement for the benefit of
Rollyson and Florentine Marble. Also regarding Comment 5, the
reference to FDOT can be deleted.
TJH:dim
xc: Central File
a:CCAgABND.Minor
PLANNING AND ZONING DEPARTMENT
MEMORANDUM 95-649
TO:
Chairman and Members
Planning and Development Board
Tarnbri J. HeYden~
Planning and Zoning Director
FROM:
DATE:
December 8, 1995
SUBJECT:
Miner Road File No. ABAN 95-011
Right-of-way abandonment
NATURB OP REQUEST
Richard Harris, agent for Condor Investments of Palm Beach County,
the property owner of the undeveloped, High Ridge Commerce Park
PID, that includes the north one half of the undeveloped Miner Road
right-of-way is requesting abandonment of the right-of-way of Miner
Road located between High Ridge Road and I - 95. This request
supersedes the request that was reviewed by the Board September 12,
1995 and currently tabled by the City Commission. This request
includes three separate right-of-way dedications as requested by
staff during review of the previous application that comprise the
undeveloped Miner Road between High Ridge Road and 1-95. The
attached Exhibit "A" is a location map which shows the Miner Road
right-of-way to be abandoned. The attached Exhibit "B" is a legal
description and survey of the proposed abandonment.
The abandonment is requested in connection with the development of
lots 15, 16, 17 and 18 of the High Ridge Commerce Park PID that
includes expansion of the existing Waste Management facility
located south of the lots and south of the right-of-way proposed
for abandonment.
BACKGROUND
As mentioned above, the requested abandonment of Miner Road is
comprised of three separate right- of-way dedications as follows:
The first is Tract S-2 noted as the original parcel on the
legal description and was dedicated to the City by recordation
of the 1983 plat of Cedar Ridge, A PUD-&-~igh Ridge Commerce
Park, A PID. This is the original abandonment request
currently tabled. This first requested portion of Miner Road
is 54 feet in width; one-half of the ultimate 108 feet
originally proposed and is unimproved and extends the south
width of the High Ridge Commerce Park PID between High Ridge
Road and the Seaboard Air Line Railroad.
The second is Tract S-l as established by the plat of the
Boynton Beach Distribution Center and dedicated to Palm Beach
County. This tract is also 54 feet in width and abuts the
right-of-way dedication described above as Tract S-2 at the
north property line of lots 18 and 19 of the Boynton Beach
Distribution Center. Lots 18 and 19 are currently occupied by
the Wast~ Management facility and are located approximately
362 feet east of High Ridge Road.
The third is Parcel 3 deeded to the City of Boynton Beach as
an easement and right-of-way in August of 1976. This easement
right-of-way is 25 feet in width and abuts the south side of
the right-of -way dedication described above as Tract S-2. The
25 foot wide deeded property extends approximately 300 feet
east of High Ridge Road to the northwest corner of the right-
of-way dedication described above as Tract S-l.
/
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...,
Page 2
Memorandum No. 95-649
Miner Road ABAN 95-011
The purpose of these dedications was for the eventual extension of
Miner Road, a 108 foot wide collector road existing immediately to
the west of High Ridge Road and which is interrupted by the CSX
Railroad and I-95 rights-of-way, before it picks up again east of
I-95. Miner Road, between High Ridge Road and Seacrest Boulevard
is not shown on Palm Beach County's 1991 "Thoroughfare Right-of -Way
Identification Mapn and is not shown in the Boynton Beach
Comprehensive Plan Support Documents, Volume 1 Traffic
Circulation Element, Figure 18 - Future Functional Classification
Plan (revised). Therefore, there are no current plans to construct
a bridge over I-95 to extend Miner Road.
ANALYSIS
The requested abandonment has been submitted in order to allow a
northerly expansion of Waste Management's solid waste facilities
across Miner Road and further north into lots 15, 16, 17 and 18 of
the High Ridge Commerce Park PIO. Exhibit nc" illustrates the
location of the right-of-way requested to be abandoned and its
relationship to the existing Waste Management facility and the
proposed expansion. Waste Management has requested a site plan
review of its expansion and it is being considered as a separate
item at this December 12, 1995 Board meeting. The property owner's
agent has also concurrently requested two other abandonments (File
No. ABAN 95-009 and ABAN 95-010) in connection with the Waste
Management expansion which will also be considered as separate
items at this meeting. A Board of Adjustment variance (case #212)
has also been requested to omit a green belt requirement on the
lots located in the PID and is in connection with the expansion of
the existing Waste Management facility. The Board of Adjustment
variance will be considered at the December 18, 1995 Board of
Adjustment meeting.
The original request, now tabled, raised concerns regarding whether
the Rollyson property, undeveloped Florentine Marble property
planned to be developed by Zicaro Plumbing and FDOT parcels have an
existing, alternative, perpetual means of access acceptable to the
City, in lieu of the standard, direct access from a public or
private right-of-way. Without this, these parcels could be
landlocked. Additional information has been subr:nitted by the
applicant and staff's concerns with this inroImatibn are provided
later in this report. Comments from the City Attorney are pending.
The applicant was requested to provide verification of whether FOOT
and C8X Railroad would allow construction of a "flyovern (bridge)
over their right-of-way. This information has not yet been
received. A letter from Paramount Engineering Group, Inc. offering
their opinion of the "flyover" regarding scheduling and cost as to
FOOT's five year plan was submitted but this letter did not address
the issue of whether FOOT would allow a II flyover" over their right-
of-way.
Since a portion of the Miner Road right-of-way identified above as
Tract 8-2 (Minbr Road) is dedicated to Palm Beach County, the
applicant will have to successfully follow and complete the Palm
Beach County's abandonment procedure prior to permits being issued
by the city. Palm Beach County has been notified of the request
but no response has been received. '
The applicant's reasons for filing this abandonment and the grounds
that support the request are included in the attached Exhibit "D".
The city departments involved in review of a request for
abandonment and the utility companies notified of the request are
identified below, as well as their responses. Public notice is
/I
<:-
Page 3
Memorandum No. 95-649
Miner Road ABAN 95-011
given to the property owners that abut the easement to be
abandoned. At the time of the writing of this report no response
from the abutting property owners had been received.
CITY DEPARTMENTS
Engineering
No objection
Utilities
Dedication of utility easement
required
Planning and Zoning
(see recommendation below)
PUBLIC UTILITY COMPANIES
Florida Power and Light
Dedication of utility easement
required
Southern Bell
No objection
Florida Gas Company
Cable Company (Comcast)
(see recommendation below)
No objection
Palm Beach County
Traffic Division
(see recommendation below)
RBCOMMBNDATION
Staff recommends approval of the requested abandonment of Miner
Road, subject to the following conditions being rectified prior to
a resolution for abandonment being adopted by the City Commission:
1. Written verification that Palm Beach County has accepted
an abandonment application to abandon the portion of
Miner Road that is dedicated to Palm Beach County.
2. Written documentation from FDOT and the CSX Railroad that
indicates they would not permit a "flyover" to be
constructed over their rights-of-way.
3. The applicant shall show compliance with 'any forthcoming
conditions of abandonment required by Florida Gas.
4. Submittal of a survey showing proposed dedication of
utility easements to satisfy FPL and the City Utility
Department conditions.
5. Written documentation, acceptable to the City, that
verifies that the Rollyson, FDOT and Florentine Marble
parcels that abut the portion of Miner Road to be
abandoned, have an alternate,perpetual means of access.
The following concerns have been identified thus far
within the materials submitted in an attempt to address
this. 'issue:
a) Deed from Rollyson to Florentine Marble is missing
conveyance reference for dedication of a 30 feet
wide ingress/egress easement.
b) There is question as to whether Rollyson's sale to
Waste Management included Rollyson's own 30 foot
ingress/egress easement, therefore Rollyson may not
have access any longer. A separate easement should
have been rededicated by Waste Management for both
:3
'-'
....,
Page 4
Memorandum No. 95-649
Miner Road ABAN 95-011
Rollyson and Florentine to use.
c) Since the city has never approved these
dedications, they have been forwarded to the city
attorney (response forthcoming) to ensure that they
are perpetual and inclusive of the city's language
requiring city approval to extinguish.
6. Written acceptance from Palm Beach County Traffic
Division regarding the abandonment request.
TJH:dim
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xc: Central File
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APPLICATION TO ABANDON/VACATE
BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM
NOTE:
This torm must be tilled out completely and accuratel~
and must accompany all applications submitted to the
Planning Department. (Three (~ copies of applicatioc
are required.)
I' ,;,' i;c
PROJECT NAMBI CEDAR RIDGE, A P.U.D., AND HIGH RIDGE COMMERCE PARK. A P
AGENT'S NAME I J. RICHARD HARRIS, ESQUIRE
SCOTT, ROYCE. HARRIS, BRYAN, BARRA & JORGENSEN, P.A.
AGENT'S ADDRBSS. 4400 PGA BOULEVARD. SUITE 800. PALM BEACH GDNS.. FL 334
AGENT'S PHONSI
(407) 624-3900 - FAX (407) 624-3533
OWNER'S NAMB I
(or Trustee's)
OWNER'S ADDRBSS I C/O JAMES VANDERWOUDE
CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC.
430 NORTH "G" STREET, LAKE WORTH. FLORIDA 33460
OWNER'S PHONBI
(407) 588-3854 - FAX (407) 585-5574
PROJECT LOCATION I EAST OF HIGH RIDGE ROAD WEST OF THE SEABOARD RAILROAD
(~ legal description)
AND SOUTH OF GATEWAY BOULEVARD
CORRESPONDENCE
'ADDRESSI* S~
(it d1fferent than
agent or owner)
* This is the address to which all agenda., letters and
other materials will be forwarded.
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SENr BY:
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Boynton ocn fax~
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401 ~24 3533;1 1
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~PWICATlON TO ~B~DON/V~CAT~
The under.1;ned, pur.uant to Ordinance NO. 76-27 of the Ci~? (
Boynton Se.ch, Florida1 hereby app11.. to the C1ty Commi'Mion
vacate, abandon, and d .continue the,
(check one),
( ) AtLEY
(XUX) STREIT
(XXXI) ".CIAL pua.olz BAIIHZN1'
( ) OTHIR NONIIS INTEREST OF THI CITY
a. de.cribed in attached Ixhiblt "AU, and to renounce and di.-
claim any right of the City and the public 1n and to any lAnd j
conn~otlon therewith.
Sald applioation i. to ba filed wlth the Plannln9 Department i~
~riplioat. and .ppl1c.~1oft. 1nvolvinq more than one of the Abo~
l1.ted nonle. intere.t. .hall ~. fil.d ..parately. Each appli-
cation '0 111e4 ahall be complete 1n every re.pect.
The underligne4 hereby certify I
1. That a complete and accurate ll9al de.o~lptlon with th.
.pecifio property intereat .ought to be vacated or abandoned, i
cludlnq where pO.libl. a plat map or drawin; .howln; the genera
area and locat1on involved, i. ..t forth in Exhibit "A" attache
hereto.
2. That the titl. or 1ntere.t of tbe City and the public in ani
to the .pecif1c property inter..t de.crlbed abov. w.. acquired
and 1. evidenced by,
(oheck'one).
( !XU)
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DIID
DEDICATION
PRBSCRtITION
Recol'decl 1n Official Record. look 2"3 , P&;e 1349, al
PUblia R.oo~ . 0 'a a..c county, loric!a. ..PLAT lOOK 41. PAGES
100-101
3. Tha~ no .~1.~ application ba. be.n conlldered by the City
at any tlme within .1x (6) monthl of the date hereof, Ind .houlc
th1. applioation ~e g~.nted, .ucb abandonment and vlcation will
pr.vent no othe~ property owner. from.acca... ~o and from their
property and no other property owner. 1n the vioinity will b.
adver.elY'effaated.
4. That the above d..aribed property intere.t 1. under the
control and juri.diotion of the c1ty comml..ion of the City of
Boynton Beach, rlorida, ie not a ~a~t of any .tate O~ federal
h1vhway .I.t.m, and w.. not acquired o~ dediaated for .tat. o~
federal h ghwa., puzopo....:
5. That the followln, oon.tltut...a complete and accurate
.ohedule 01 all OWft.~. and occupant. boundinl an4 abutting the
p~ope~ty intel'e.t cle.G21~~4 above. i;.-;,,.c -...1,' -" " ,"0 ~ ~/,.' [, '.'" "
YP'L"" i'--~A~I-'l. ',-~t..T"; r;?i'....::..l""'~...1 ,
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, CONDOl INVISTKlNtl or PALK aBACI
COUNn, IHC.
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;' FlNDllt, T. D.
MmYII
C/O JAMlS VANDERWOUDE
430 NOITH "e" STUBt. LAXI WORTH. r
33460
328 ROYAL POINCIANA ~AY
PALM BIACH FL 33480
POS~ OFFICE BOX lZZZ81
FORr woaTH. TX 76121-2283
CIO !!Atilt; IMtI~. un;.. 1810-1. fORU'
HILL BLVD.. ". PALM DCB.. FL 3340661
556 MUIRFI!LD DRIVE
ATLANTIS. it 33462-1208
CIO RIGHT-Of-WAY ADMINSTRATOK, 34UU
W. COMMERCIAL BLVD.. FT. LAUD.. FL
WASTI MANAGEMENT INC. or FLORIDA
I ROLLYSON. JAKES AND CENEVIEVE
ATNI!R. DAVID I. AND t!IGHAN R.
n.ORtDA DEPARTMENT or TRANSPORTATION
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SENT BY:
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Boynton Bch fax~
407 624 3533;' S
.
,. That the ~ollowinG G~ound. and rea.on. are lubm1tted in
support of tbia application.
THAT 81C1101 or KUlla lOAD lAST or IIGI lIDGI ROAl) AND WEST or THE C:~J" UIL10AD
-
lIGHT-Or-WAY AS PAl.TIA1.LY PLATTED .um PAlTIALLY DEDICATED. A POllTION OF THE ROADlJA~
IS DEDICATE]) BY TWO PLATS DE PLAT or BO!NTON IIACH DISTRIButION CINTER AND THE P1..4
. A .U.D.. HIGH . A . ;. . , iT.
OF-WAY 108' rllT IN WIDTH WID DEDICATED BY 10TH PLATS. HOW!VE1. ~OTHlll PORTION (
'1111; 1L!(illl'-OF-WAl' II DGI~IU ~ All ZAlUU"f,L: DIED WlllCH. WilD CO)Uu'l'UU, W141l 'nit; luGl
OF-WAY DIDIc.&.TlD BY THI rUT or CIDAlIIDGI. A r.U.D.. AND HIGH IIDGE COMMElCE PAn
A r.l.IJ.. CUAIAI A IOTAI. &lWH'I-of-liA'I n' IN WIDTH. nil BALANCI: 01' 1'111 ROADQAt' 'Is
SOLELY DEDICATED It THI PLAT or CIDAl IIDOI, A r.U.D.. AND HIGH RIDGE COMMERCE PARK
It. P.I.D., AND IS 011.1' 54' IN V11)TB. THIS lOilTIOl't 01' ..lll!; Kll~IX KOAU KI(itU;-Ol-WAl IS
TUIIFOU. NOT COMPLETELY DIDICATED AS IIQUIUD. IJQ) HAS NIVER BIII1 IMPROVED AND IS
!'tU'l: U5m AI W ruaUlI1 "'& 111(11...11:5, A(i....51. Al,;l,;IUilij U~ u.nl&"W~~t.. LII...U;;:)i:t, 1....1u.h.
AND ACC!SS IS AVAIWLI TO ALL "RCnD rlOrDTI!S aVEI AND ACIOSS aTREI IMPROVED Al
DEDICATED J.IClITS-Or-WAY.' .-. - -. - -
DATID. 10/27/'5
);"tfCAltr(S) HAM. l'l.!ASE SIGN)
ADDIESS
COBDOa IIVISDIDlI or .AllIIACB
COUBn. IIC.
It's J. UCIIdD UIIlI. AGII!
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STAT. or n.oa%DA
COUH'1'I' or IlLH IDCK
~a above aama4 appllGantC.) baing flr.t duly .worn by ma the
day and yaar above lndiaatad, dapo.ad and atatad that he
ara/l. the appllaantC.) 1n tha fo~agqlng Application to-Xban4on/.
Vaoat., that thaV hava ~ea4 the .... and that tha iaot. therein
..t forth a~a trua and Gorrect to the b..t ot thair knowledge.
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EXHIBIT nAn
ORIGINAL PARCEL:
,,' ""~I~
That portion of Forese Road established and dedicated by the Plat
of Cedar Ridge, a P.U.D. &: High Ridge Comnerce Park, a P.I.O.,
according to the Plat thereof recorded at Plat Book 46, Page 58,
of the Public Records of Palm Beach County, Florida, abutting Lots
36 through 45, inclusive, of Block 1 of said Plat and abutting the
north 75' of Lot 35, Block 1 of said Plat.
PARCEL 1:
Tract S-l (Minor Road), as established by the Plat of BOYNTON BEACH
DISTRIBUTION CENTER, according to the Plat thereof, recorded in
Plat Book 47, at Page 100, of the Public Records of Palm Beach
County, Florida.
Tract S -1, as established by the Plat of BOYHTON BEACH DISTRIBUTION
CENTER, is dedicated for additional right-at-way tor Minor Road for
the perpetual use of the public for proper purposes.
PARCEL 3:
Easement and right-of-way over and across the North 25' of the West
340' of the North ane-half of the Northwest one-quarter of the
Northwest one-quarter of Section 16, Township 45 South, Range 43
East, of Palm Beach County, Florida.
The above-described easement for access and right-of-way was
granted by Easement Deed dated August 13, 1976, executed by James
O. Taylor and Mildred Taylor, his wife, and David P. Taylor and
Jacqueline Taylor, his wife, in favor of the City of Boynton Beach.
Buffer ea ent encumbering the south 25' of lots 15, 1 , and
18 of Block 2, CEDAR RIDGE, A P.U.D. &: HIGH R ERCE PARK,
A P. I. D., accord3- to the plat thereo .. ="'d in the office of
the Clerk of t C . t Co and fo_ 11m Be~.'h County I
Florida, at Pla e 58.
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SPEED LETIEP
TO
FROM
Mr. John Guidy
Sue Kruse
Director of Utilities
City Clerk
SUBJECT
City Commission Meeting - December 19. 1995
- 'OLD ~O '.r 10
MESSAGE
Attached is a copy of an application requesting the abandonment of a portion of Minor
Plut of Cedar Ridge & High Ridge Commerce Park. The a~plication was submitted by Condl
Investments. Agents name is J. Richard Harris. Please review and advise of your
~pproval or disapproval in accordance with Land Development Regulations. Article 111.
Section 4A (1) of the code. Please respond to this office with a copy to the Planning
Dept. by December 6. 1995.
DATI
12/1/95
SIGNED '- C-<<'.J ~~.....,.... ~
REPlY
Utility e~s over existing utilities 1IIJSt be dedicated prior to abarJ;b..eut. for those
utilities within the current row. Otherwise. no objection.
- 'OLD FOR NO t
- 'OLD FDR ~O, 10
CCl. JP"'- ~ ~t. :--
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44.902. Triplicatl
44.904 . auadruplic
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SENDD: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES. RECIPIBIT: RETAIN WHm: COPY, RETURN PINK COPY.
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BR;INBBRING DIVISION
MBMORAHDUM NO. 95 -465
December 4, 1995
TO:
FROM:
Sue Kruse
City, Clerk
M~~~m ~. Hukill, P.E.
~ng1neer
MINER ROAD ABANDONMBNT
RE:
We have received your request that we review several documents
submitted by J. Richard Harris appearing to request abandonment
of certain City property abutting landholders Condor Investments
of Palm Beach County, Inc.; Palm Beach County Department of
Engineering and Public Works; T.D. Fender; Waste Management of
Florida; J & G Rollyson; D & L Rinker; and F.D.O.T. in various
combinations.
To the overall issue involving abandonment of these pieces of
Miner Road right-of-way, we do not object.
To the lesser included issue of whether the application is
complete, we do not think so. The City Land Development
Regulations (Chapter 22, Article III, Section 2, Page 22-6)
require, where possible, the "reason for the request";
certification that the abandonment "will not adversely affect
other property owners"; and verification from "each affected or
potentially affected utility company" that their interests are
protected. All of these requirements may have been satisfied,
but none of the required material was in the package you
submitted to us.
WVH:bh
Attachment - L.D.R. page 22-6
XC: Carrie Parker
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NOV-28-'95 TUE 13:49 !D:FPL DR! DR
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TEL NO: 407-265-3162 FA~~LlNE =*2?-9 P01
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Florid. Power' Ught Complny, P. O. Box 2409, Delre, Be.cll, FL 33441-24l11
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PLANNIi'!G A~D r.
lONING CEPT. --:mt
September 1. 1995
Tambrl J. Heyden
Planning and Zoning Director
City of Boynton Beach
PO Box 310
Boynton Beach. FL 33425-0310
Re: Forest Ct ('95-004) a Miner Rd ('95-005) Right of Way Abandonm.nt
De.r Ms. Heyden:
FPL has no objection to the abandonment of the Forest Court rlght-o'-way of as described
in your letter dated August 9, 1995
FPL has no objection to the abandonment of the Miner Road rlght-ot-way of as described
in your letter dated August 14. 1995. provided that a u1ir easem.n' rovld on the
east 160 f..t of the. road right of way.( .e the area highlighted In yellow on the .nclosed
,/' CiiWlng.} , ,
f/,rAsE. If you require any additlonallntormatlon. pleas. call me at (407) 265-31 eM.
~"....I
SlnC8rely Yours,
f1.tf;~~
Major Account Manag.r
*-********************** *.*******
~To. II
.. (J, II of Pag.. ...
: Co. ~ Do"t. :
: F=ax 11" 2 '1- .3 oS' "'11. ~:'OtlEt # :
: From G P., r , 'C;- :
.Fax . ,;1.(, J' 3 / ~ 2. Phone II .2.c,~ 3/" 'f *
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en FPL Group company
dO
Board of Cr I' nty Commissioners
Ken L. Foster, Chairman
Burt Aaronson, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Mary McCarty
Maude Ford Lee
County Administratol
Robert Weisman
Department of Engineeri
and Public Works
December 6, 1995
Tambri J. Heyden
Planning and Zoning Director
City of Boynton Beach
P.o. Box 310
Boynton Heach, Florida 33425-0310
SUBJECT: MINER ROAD ABANDONMENT BETWEEN HIGH RIDGE ROAD AND 1-95
Dear Ms. Heyden:
I am writing in response to your letter of December 1, concerning a request to
abandon two parcels that were dedicated to Palm Beach County for the right of way
of High Ridge Road.
The County would have no objections to the requested abandonments, however, the
abandonment petitions must be processed through the County. The party requesting
the abandonments should contact Ms. Signe Miller of our Land Development
Division, (407) 684-4090 to determine how to initiate this process.
Please contact me if you have any questions.
OFFICE OF THE COUNTY ENGINEER
,} " 1 /~17
t~'I/,,[v[.J ai/~
Charle~ R. Wilker, Jr., p.r.
Director - Traffic Division
cRw:dk;meo
pc: Signe Miller - land Development
File: Roads - Minor Road
ASH\minor
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"An Equal Opportunity. Affirmati\'e Action Employer"
@ print" on r~ pap<<
BOle 21229 Wesl Palm Beach, Florida 33416-1229 (407) 684-4000
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'I " CITY OF BOYNTON BEACH
". \ EGULAR CITY COMMISSION MEETING
" .'.."...... AGE N 0 A
d ~J:t/.'c. >i("'1'
"-
December 19, 1995
6:30 P,M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Rev Hank Ackermann - Boynton Beach Congregational Church
C. Pledge of Allegiance to the Flag led by Mayor Pro Tem Lynne Matson
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. ADMINISTRATIVE:
A. Appointments to be made:
APPOINTMENT LENGTH OF TERM
TO BE MADE BOARD EXPIRATION DATE
IV Matson Bldg Brd of Adj & Appeal Alt Term expires 4/96 TABLED
II Bradley Cemetery Board Alt Term expires 4/96 TABLED
IV Matson Children & Youth Adv Brd Alt Term expires 4/96 TABLED
IV Matson Comm Redev Adv Board Reg 1 yr Term to 4/96 TABLED
IV Matson Code Enforcement Board Alt 1 yr Term to 9/96 TABLED
IV Matson Adv Brd Children & Youth Reg Term expires 4/97 TABLED
IV Matson Adv Brd Children & Youth Reg Term expires 4/97 TABLED
I Rosen Board of Zoning Appeal Reg 1 yr term to 1/97 TABLED
II Bradley Board of Zoning Appeal Reg 1 yr term to 1/97 TABLED
III Jaskiewicz Board of Zoning Appeal Reg 2 yr term to 1/98 TABLED
IV Matson Board of Zoning Appeal Reg 2 yr term to 1/98 TABLED
Mayor Taylor Board of Zoning Appeal Reg 2 yr term to 1/98 TABLED
I Rosen Board of Zoning Appeal Alt 1 yr term to 1/97 TABLED
II Bradley Board of Zoning Appeal Alt 2 yr term to 1/98 TABLED
III Jaskiewicz Education Advisory Board Stu Term expires 4/96 TABLED
IV Matson Bldg Brd of Adj & Appeal Alt Term expires 4/96
III. CONSENT AGENDA
Matters in this Section of the Agenda are proposed and recommended by the City Managor
for "Consent Agenda" approval of the action Indioated In each item, with all of the
accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Special City Commission Meeting Minutes of December 4. 1995
2. City Commission/Chamber of Commerce Workshop Meeting Minutes of Dec. 4. 1995
3. Regular City Commission Meeting Minutes of December 5, 1995
B. Bids - Recommend Approval - All expenditures are approved in the 1995-96 Adopted
Budget
1
1. Approve manhole structural repair at NE 8th Avenue and NE 26th Avenue with
Underwater Unlimited Diving Services, Inc.
2. Approve piggy-backing City of Pompano Beach's Annual Contract for Water Meters
and Parts
3. Approve replacement of Submersible Well Pumps & Equipment with Atlantic
Environmental Systems. Inc. for one year
4. Approve East Water Treatment window replacement utilizing existing contractor/MBR
Construction. Inc.
5. Approve annual contract for Aquatic Plant Control with Lake & Wetland Management
6. Co-op Anhydrous Ammonia - The Cooperative Purchasing Council of Palm Beach
County awarded the bid to Tanner Industries. Inc.
C. Aesolutions
1. Proposed Resolution No. R95- RE: Water Service Agreement - Thomas G.
Kane for property located at 3645 North Federal Highway, Delray Beach
2. Proposed Resolution No. R95- RE: Authorize execution of service contract
between the City of Boynton Beach and TFP Inc. for the computerized photo imaging
system in the Police Department
3. Proposed Resolution No. R95- RE: Rosemary Scrub Joint City/County
Acquisition Project Resolution endorsing grant award agreement and grant award
calculation
4. Proposed Aesolution No. A95-
Rosemary Scrub
RE: Addendum III to Conceptual Approval for
D. Approval of Bills
E. Payment of Bills - November 1995
F. Approve expenditure for returning Communications Center to City Hall
IV. ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements
B. Presentations
1. Representative Sharon Merchant
2. Presentation of Holiday Parade Awards
3. Proclamations
a) Dr. Martin Luther King Jr. Day - January 15. 1996
b) Shrine Hospital Days - February 3rd - February 14th
2
v. BIDS:
None
VI. PUBLIC HEARING: 7:00 PM OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
A. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Hills of Lake Eden PUD POSTPONED TO JANUARY 2, 1996
Burlison A. Gentry - Gentry Engineering & Land Surveying, Inc.
Newport Properties, Inc.
Northwest corner of S.E. 36th Avenue and Seacrest Boulevard
REZONING - Request for zoning and master plan approval to
construct 62 single-family detached homes on 15.45 acres of land in
connection with a rezoning from R-1-AAB (single-family residential)
to Planned Unit Development with a land use intensity of 5 (PUD with
LUI=5).
B. PROJECT NAME: Miner Road TABLED TO DECEMBER 19, 1995
AGENT: Richard Harris for Condor Investments of Palm
Beach County
City of Boynton Beach
Road between High Ridge Road and 1-95
ABANDONMENT - Request for abandonment of a 54 foot wide
portion of the Miner Road right~of-way east of High Ridge Road
OWNER:
LOCATION:
DESCRIPTION:
C. PROJECT NAME: Miner Road
AGENT: Richard Harris of Scott, Royce, Harris, Bryan, Barra & Jorgensen, P.A.
OWNER: City of Boynton Beach and Palm Beach County
LOCATION: Miner Road between High Ridge Road and 1-95
DESCRIPTION: ABANDONMENT - Request for abandonment of three parcels that
comprise the Miner Road right-of-way east of High Ridge Road.
D. PROJECT NAME: Newport Place PUD (f.k.a. Stanford Park PUD)
AGENT: Donald E. Hearing
OWNER: Newport Place Associates Ltd.
LOCATION: Southwest corner of Hypoluxo Road and Northwest 7th Court
DESCRIPTION: FUTURE LAND USE AMENDMENT/REZONING - Request to
amend the Comprehensive Plan Future Land Use Map from Low
Density Residential to High Density Residential for a 23 acre, existing
planned unit development (PUD) and a 1.59 acre tract and to rezone
the 1.59 acre tract from R-1-AAB (single-family residential) and the
PUD to Planned Unit Development (PUD w/LUI=5) to add a 120 bed
assisted living facility.
E. PROJECT NAME: Newport Place
AGENT: Donald E. Hearing
OWNER: Newport Place Associates Ltd.
LOCATION: Southwest corner of Hypoluxo Road and Northwest 7th Court
DESCRIPTION: PARKING LOT VARIANCE - Request for relief from the City of
Boynton Beach Land Development Regulations, Chapter 23 -
Parking Lots, Article II, Section H.7 "Number of Driveways" to allow
two (2) additional driveways onto Northwest 7th Court.
F. PROJECT NAME: Cedar Ridge PUD and High Ridge Commerce Park PID (buffer
easement)
Richard Harris of Scott, Royce, Harris, Bryan, Barra & Jorgensen, P.A.
Condor Investments of Palm Beach County, Inc.
South perimeter of Lots 15, 16, 17 and 18 within the High Ridge
Commerce Park PIO
DESCRIPTION: ABANDONMENT - Request for abandonment of a 25 foot wide buffer
easement.
AGENT:
OWNER:
LOCATION:
::\
G. PROJECT NAME: Boynton Beach Distribution Center (Miner Road Access Control
Easement)
Richard Harris of Scott, Royce, Harris, Bryan, Barra & Jorgensen, P.A.
Waste Management of Florida
North perimeter of Lots 18 and 19 of the Boynton Beach Distribution
Center
DESCRIPTION: ABANDONMENT - Request for abandonment of 5 foot wide access
control easement.
AGENT:
OWNER:
LOCATION:
H. Conduct a public hearing concerning the issuance of bonds for Clipper Cove
VII. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS Will BE LIMITED TO 3 MINUTE PRESENTATIONS
VIII. DEVELOPMENT PLANS:
A. PROJECT NAME: Papa Johns TABLED
APPLICANT REQUESTED TO BE TABLED UNTIL DECEMBER 19, 1995
AGENT: lnterplan Practice, Ltd.
OWNER: Papa Johns USA
LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard
DESCRIPTION: LANDSCAPE APPEAL: Request for a landscape code appeal to
overhang a required landscape strip with bumpers of parked cars.
B. PROJECT NAME: Papa Johns TABLED
APPLICANT REQUESTED TO BE TABLED UNTIL DECEMBER 19,1995
AGENT: Interplan Practice, Ltd.
OWNER: Papa Johns USA
LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard
DESCRIPTION: NEW SITE PLAN: Request for site plan approval to construct a
1,142 square foot take-out pizza store on .22 acres
C. PROJECT NAME: High Ridge Commerce Park PID
AGENT: Joseph D. Handley, Craven Tompson & Associates, Inc.
OWNER: Waste Management of Palm Beach
LOCATION: High Ridge Commerce Park PID Lots 15,16,17 and 18 (South side
of Commerce Road, approximately 304 feet east of High Ridge
Drive)
DESCRIPTION: USE APPROVAL - Request to establish within the High Ridge
Commerce Park PIO exterior truck and solid waste container storage
as a permitted use.
D. PROJECT NAME: Waste Management of Palm Beach - South
AGENT: Joseph D. Handley, Craven Tompson & Associates, Inc.
OWNER: Waste Management of Palm Beach
LOCATION: High Ridge Commerce Park PIO Lots 15, 16, 17 and 18 (South side
of Commerce Road, approximately 304 feet east of High Ridge
Drive)
DESCRIPTION: SITE PLAN MODIFICATION - Request to amend the previously
approved site plan to add land area to construct additional exterior
paved truck storage and an expanded exterior container storage
yard.
E. PROJECT NAME: Tara Oaks PUD
AGENT: Kieran J. Kilday, Kilday & Associates. Inc. for Pulte Home Corp.
OWNER: Tara Oaks Development Company
LOeA TION: Northeast corner of Woolbright Road and Knuth Road extended
DESCRIPTION: MASTER PLAN MODIFICATION - Request to amend the previously
approved PUD master plan to revise direct access points, alter the
location and type of private recreation, change unit type from
apartments to townhouses, establish perimeter buffer easements
and certain setbacks, enlarge size of residential Pod 1 and church
parcel and reduce open space and retention area of Pod 2.
IX. NEW BUSINESS:
A. Items for discussion requested by Mayor Pro Tern Lynne Matson
1. Purple Heart Way
2. Public Transportation
3. It's Better in Boynton Campaign
B. Consider request for a block party on White Hall Way - December 31, 1995 from 9:00
P.M. to 2:00 A.M.
x. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 095-46 RE: Land Use Amendment - School Board of
Palm Beach County (Poinciana Elementary School Project)
2. Proposed Ordinance No. 095-47 RE: Rezoning - School Board of Palm Beach
County (Poinciana Elementary School Project) Lots 13, 14, 15 and 16
3. Proposed Ordinance No. 095-48 RE: Rezoning - School Board of Palm Beach
County (Poinciana Elementary School Project)
B. Ordinances - 1 st Reading:
None
C. Resolutions
None
D. Other
XI. UNFINISHED BUSINESS:
None
XII. CITY MANAGER'S REPORT:
XIII. OTHER:
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY'
MAlTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR
SUCH PURPOSE, HElSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROOEiEiDINCI II MADE,
WHICH RECORD INCLUDES THE TESTIMONV AND eVIDENoe UPON WHICH THE APPEAL IS TO BE BASED.
(F.S.288.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO
AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY
THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT
JOYCE COSTEllO, (407) 375-6013 AT lEAST TWENTY-FOUR (24) HOURS PRIOR TO THE PROGRAM OR
ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
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7.E.l
MINER ROAD
ABANDONMENT
PLANNING AND ZONING DEPARTMENT
MEMORANDUM 95-649
FROM:
Chairman and Members
Planning and Development Board
Tambri J. HeYden~
Planning and Zoning Director
TO:
DATE:
December 8, 1995
SUBJECT:
Miner Road File No. ABAN 95-011
Right-of-way abandonment
NATURE OF REQUEST
Richard Harris, agent for Condor Investments of Palm Beach County,
the property owner of the undeveloped, High Ridge Commerce Park
PID, that includes the north one half of the undeveloped Miner Road
right-of-way is requesting abandonment of the right-of-way of Miner
Road located between High Ridge Road and I-95. This request
supersedes the request that was reviewed by the Board September 12,
1995 and currently tabled by the City Commission. This request
includes three separate right-of-way dedications as requested by
staff during review of the previous application that comprise the
undeveloped Miner Road between High Ridge Road and I - 95. The
attached Exhibit "A" is a location map which shows the Miner Road
right-of-way to be abandoned. The attached Exhibit "B" is a legal
description and survey of the proposed abandonment.
The abandonment is requested in connection with the development of
lots 15, 16, 17 and 18 of the High Ridge Commerce Park PID that
includes expansion of the existing Waste Management facility
located south of the lots and south of the right-of-way proposed
for abandonment.
BACKGROUND
As mentioned above, the requested abandonment of Miner Road is
comprised of three separate right- of-way dedications as follows:
The first is Tract S-2 noted as the original parcel on the
legal description and was dedicated to the City by recordation
of the 1983 plat of Cedar Ridge, A PUD & High Ridge Commerce
Park, A PID. This is the original abandonment request
currently tabled. This first requested portion of Miner Road
is 54 feet in width; one-half of the ultimate 108 feet
originally proposed and is unimproved and extends the south
width of the High Ridge Commerce Park PID between High Ridge
Road and the Seaboard Air Line Railroad.
The second is Tract S-l as established by the plat of the
Boynton Beach Distribution Center and dedicated to Palm Beach
County. This tract is also 54 feet in width and abuts the
right-of-way dedication described above as Tract S-2 at the
north property line of lots 18 and 19 of the Boynton Beach
Distribution Center. Lots 18 and 19 are currently occupied by
the Waste Management facility and are located approximately
362 feet east of High Ridge Road.
The third is Parcel 3 deeded to the City of Boynton Beach as
an easement and right-of-way in August of 1976. This easement
right-of-way is 25 feet in width and abuts the south side of
the right-of-way dedication described above as Tract S-2. The
25 foot wide deeded property extends approximately 300 feet
east of High Ridge Road to the northwest corner of the right-
of-way dedication described above as Tract S-l.
I
Page 2
Memorandum No. 95-649
Miner Road ABAN 95-011
The purpose of these dedications was for the eventual extension of
Miner Road, a 108 foot wide collector road existing immediately to
the west of High Ridge Road and which is interrupted by the CSX
Railroad and I-95 rights-of-way, before it picks up again east of
I-95. Miner Road, between High Ridge Road and Seacrest Boulevard
is not shown on Palm Beach County's 1991 IIThoroughfare Right-of-Way
Identification Map 11 and is not shown in the Boynton Beach
Comprehensive Plan Support Documents, Volume 1 Traffic
Circulation Element, Figure 18 - Future Functional Classification
Plan (revised) Therefore, there are no current plans to construct
a bridge over I-95 to extend Miner Road.
ANALYSIS
The requested abandonment has been submitted in order to allow a
northerly expansion of Waste Management's solid waste facilities
across Miner Road and further north into lots 15, 16, 17 and 18 of
the High Ridge Commerce Park PID. Exhibit" C" illustrates the
location of the right-of-way requested to be abandoned and its
relationship to the existing Waste Management facility and the
proposed expansion. Waste Management has requested a site plan
review of its expansion and it is being considered as a separate
item at this December 12, 1995 Board meeting. The property owner's
agent has also concurrently requested two other abandonments (File
No. ABAN 95-009 and ABAN 95-010) in connection with the Waste
Management expansion which will also be considered as separate
items at this meeting. A Board of Adjustment variance (case #212)
has also been requested to omit a green belt requirement on the
lots located in the PID and is in connection with the expansion of
the existing Waste Management facility. The Board of Adjustment
variance will be considered at the December 18, 1995 Board of
Adjustment meeting.
The original request, now tabled, raised concerns regarding whether
the Rollyson property, undeveloped Florentine Marble property
planned to be developed by Zicaro Plumbing and FDOT parcels have an
existing, alternative, perpetual means of access acceptable to the
City, in lieu of the standardl direct access from a public or
private right -of -way. Wi thout this, these parcels could be
landlocked. Additional information has been submitted by the
applicant and staff's concerns with this information are provided
later in this report. Comments from the City Attorney are pending.
The applicant was requested to provide verification of whether FDOT
and CSX Railroad would allow construction of a "flyover" (bridge)
over their right-of-way. This information has not yet been
received. A letter from Paramount Engineering Group, Inc. offering
their opinion of the "flyover" regarding scheduling and cost as to
FDOT's five year plan was submitted but this letter did not address
the issue of whether FDOT would allow a 11 flyover" over their right-
of-way.
Since a portion of the Miner Road right-of-way identified above as
Tract S-2 (Minor Road) is dedicated to Palm Beach County, the
applicant will have to successfully follow and complete the Palm
Beach County's abandonment procedure prior to permits being issued
by the city. Palm Beach County has been notified of the request
but no response has been received.
The applicant's reasons for filing this abandonment and the grounds
that support the request are included in the attached Exhibit "D".
The city departments involved in review of a request for
abandonment and the utility companies notified of the request are
identified below, as well as their responses. Public notice is
~
Page 3
Memorandum No. 95-649
Miner Road ABAN 95-011
given to the property owners that abut the easement to be
abandoned. At the time of the writing of this report no response
from the abutting property owners had been received.
CITY DEPARTMENTS
Engineering
No objection
Utilities
Dedication of utility easement
required
Planning and Zoning
(see recommendation below)
PUBLIC UTILITY COMPANIES
Florida Power and Light
Dedication of utility easement
required
Southern Bell
No objection
Florida Gas Company
(see recommendation below)
Cable Company (Comcast)
No objection
Palm Beach County
Traffic Division
(see recommendation below)
RECOMMENDATION
Staff recommends approval of the requested abandonment of Miner
Road, subject to the following conditions being rectified prior to
a resolution for abandonment being adopted by the City Commission:
1. Written verification that Palm Beach County has accepted
an abandonment application to abandon the portion of
Miner Road that is dedicated to Palm Beach County.
2. Written documentation from FDOT and the CSX Railroad that
indicates they would not permit a II flyover" to be
constructed over their rights-of-way.
3. The applicant shall show compliance with any forthcoming
conditions of abandonment required by Florida Gas.
4. Submittal of a survey showing proposed dedication of
utility easements to satisfy FPL and the City Utility
Department conditions.
5. Written documentation, acceptable to the City, that
verifies that the Rollyson, FDOT and Florentine Marble
parcels that abut the portion of Miner Road to be
abandoned, have an alternate , perpetual means of access.
The following concerns have been identified thus far
within the materials submitted in an attempt to address
this issue:
a) Deed from Rollyson to Florentine Marble is missing
conveyance reference for dedication of a 30 feet
wide ingress/egress easement.
b) There is question as to whether Rollyson's sale to
Waste Management included Rollyson's own 30 foot
ingress/egress easement, therefore Rollyson may not
have access any longer. A separate easement should
have been rededicated by Waste Management for both
3
Page 4
Memorandum No. 95-649
Miner Road ABAN 95-011
Rollyson and Florentine to use.
c) Since the city has never approved these
dedications, they have been forwarded to the city
attorney (response forthcoming) to ensure that they
are perpetual and inclusive of the city's language
requiring city approval to extinguish.
6. Written acceptance from Palm Beach County Traffic
Division regarding the abandonment request.
TJH:dim
Attachments
xc: Central File
a:Minrabn.gwl
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SENT BY:
;,,- 1-95 3:46PM
Boynton Bch fax
407 624 3533;# 5
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.
6. That the following Grounds and reasons are submitted in
support of this application I
THAT StC':9ION or MINlll ROAD EAST OF HIGH lIDG! ROAD AND WEST OF THE c:~:." RAILR.OAD
RIGHT-OF-WAY AS PAR'UKLLY PLATTED AND PARTIALLY DEDICATED. A POR.TION OF THE ROADWAY
IS DEDICATED BY TWO PLATS THE PLAT OF BOYNTON BEACH DISTRIBUTION CENTER AND THE PLA1
o lID , A .U.>>., AND HIGH J.tDGE CO C , A P.I.D., ATING I HT-
OF-WAY 108' PEET IN \lIDTll WED DEDICAtED BY BOTH. PLATS. HOWEVER, ANOTHER PORTION OJ
m& ftGHT-OF-WAY I' DEDICATW it .AN EASUlJ:;!t.,L' DEED WIUCH, WHKN COHBUKD WITH 'rH~ luGH'
OF-WAY DEDICATED BY THE PLAT 01 ClDAll.IDGl, A '.U.D., AND HIGH RIDGE COMMERCE PARK,
A 1".l.P., CKEA'I&:lI A TOTAL 1\1~H'I-Of-WA'l l'j' IN WIDTH. THE BALANCE OF THE ROADaAt'IS
SOLELY DEDICATED BY THE PLAT OF CEDAll lIDG!, A F.U.D., AND HIGH RIDGE COMMER.CE PARK.
A P.t.D., AND IS o~u 54' IN Wll)tH. THIS PORTION Of" THE MINER ROAD KlutiT-OF-WAl IS,
THEREFOllE, NOT COMPLETELY DEDICATED AS REQUIRED, AND HAS NEVER BEEN IMPROVED AND IS
NOT USW D'l AN'l 1'!;i.ti01ll5 .rUlC. t~GRE::i5t l!;GKJ:;55, A~~Jl;~:t U~ U'.rt1.ILKWi.l>t.. J.L\ll"KJ:,::l::l, t.l"Kt.S:),
AND ACCESS IS AVAILABLE TO ALL AFFECTED PROPERTIES OVER. AND ACROSS OTHER. IMPROVED ANl
DEDICATED RIGHTS-Or-WAY. ~ _..
DATED. 10/27/95
Aif~LrCANT'(S) N~I ('LEASE SIGN)
ADDRESS
coliDoa IRVES'.DIINTS 01' PAUl BlACH
COURn t lHC.
BY: J. J.IC1WlD 1WlIlI8. J.GIlIT
~~~.~
STATE or ~LORIDA
COUNTY or PALM BEACH
Tha above named applicantC.) being first duly .worn by me the
day and year above indicated, deposed and stated that he
are/ia the applioant(a) 1n the fora;qin; Application to-Xbandon/. ..
Vacate, that they have read. the aame and that the facta therein
.at forth a~. true and correot to the beat ot their knowledge.
Q)
KA1HLIIN IlIMNDaN
lit CO&II8IICIN , CC43GlIlIs EXPIRII
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My Commi..1on Expire..
G~
~ ''t KATHLEEN M. BRANDON
i : ~ MY COMMISSION , CC430966 EXPIRES
... . January 2, 1999
Ffr.1~fJ BONDED THRU TROY FAIN lIfSURAHCE.lII:.
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6-19-87
15
EXHIBIT ftAft
ORIGINAL PARCEL:
l""'\ Jfv~j:;).
That portion of Forest Road established and dedicated by the Plat
of Cedar Ridge, a P. U . D . & High Ridge Commerce Park, a P. 1. D. ,
according to the Plat thereof recorded at Plat Book 46, Page 58,
of the Public Records of Palm Beach County, Florida, abutting Lots
36 through 45, inclusive, of Block 1 of said Plat and abutting the
north 75' of Lot 35, Block 1 of said Plat.
PARCEL 1:
Tract S-l (Minor Road), as established by the Plat of BOYNTON BEACH
DISTRIBUTION CENTER, according to the Plat thereof, recorded in
Plat Book 47, at Page 100, of the Public Records of Palm Beach
County, Florida.
Tract S-l, as established by the Plat of BOYNTON BEACH DISTRIBUTION
CENTER, is dedicated for additional right-of-way for Minor Road for
the perpetual use of the public for proper purposes.
PARCEL 3:
Easement and right-of-way over and across the North 25' of the West
340' of the North one-half of the Northwest one-quarter of the
Northwest one-quarter of Section 16, Township 45 South, Range 43
East, of Palm Beach County, Florida.
The above-described easement for access and right-of -way was
granted by Easement Deed dated August 13, 1976, executed by James
O. Taylor and Mildred Taylor, his wife, and David P. Taylor and
Jacqueline Taylor, his wife, in favor of the City of Boynton Beach.
Buffer ent encumbering the south 25' of lots 15, 16
18 of Block 2, f CEDAR RIDGE, A P.U.D. & HIGH R ERCE PARK,
A P.I.D., accord1 to the plat the reo "'d in the office of
the Clerk of t Ci . t Co nand fo_ 11m Bel:. 'h County,
Florida, at PIa e 58.
lip
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SPEED LETTER@
TO
FROM
Mr. John Guidy
Sue Kruse
Director of Utilities
City Clerk
SUBJECT
City Commission Meeting - December 19, 1995
- FOLD NO.9 or 10
MESSAGE
Attached is a copy of an application requesting the abandonment of a portion of Minor Rd~
Plat of Cedar Ridge & High Ridge Commerce Park. The application was submitted by Condor'
Investments, Agents name is J. Richard Harris. Please review and advise of your
~pprova1 or disapproval in accordance with Land Development Regulations, Article 111,
Section 4A (1) of the code. Please respond to this office with a copy to the Planning
Dept. by December 6, 1995.
DATE
12/1/95
SIGNED '-'l~ ~~C::Y ~
REPLY
Utility easemmts over existing utilities m.JSt be dedicated prior to abandoment, for those
utilities within the current rCM. Otherwise, no objection.
- FOLD FOR NOc 9
44-902 . Triplicate
44-904 . Quadruplicate
. WlIsonJones..
SENDER: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES, RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY.
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ENGINEERING DIVISION
MEMORANDUM NO. 95 -465
December 4, 1995
TO:
FROM:
Sue Kruse
City, Clerk
M~U~~m ~. Hukill, P.E.
~ngl.neer
MINER ROAD ABANDONMENT
RE:
We have received your request that we review several documents
submitted by J. Richard Harris appearing to request abandonment
of certain City property abutting landholders Condor Investments
of Palm Beach County, Inc.; Palm Beach County Department of
Engineering and Public Works; T.D. Fender; Waste Management of
Florida; J & G Rollyson; D & L Rinker; and F.D.O.T. in various
combinations.
To the overall issue involving abandonment of these pieces of
Miner Road right-of-way, we do not object.
To the lesser included issue of whether the application is
complete, we do not think so. The City Land Development
Regulations (Chapter 22, Article III, Section 2, Page 22-6)
require, where possible, the "reason for the request";
certification that the abandonment "will not adversely affect
other property owners"; and verification from "each affected or
potentially affected utility company" that their interests are
protected. All of these requirements may have been satisfied,
but none of the required material was in the package you
submitted to us.
WVH:bh
Attachment - L.D.R. page 22-6
XC: Carrie Parker
Tambri Heyden
A:MUIlIlt
/9
NOV-28-'95 TUE 13:49 ID:FPL DRI DR
TEL NO:407-265-3162 FRXLINE ~229 P01
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Florida Power & Light Company, P. O. Box 2409, Delr8Y 888Ch, FL 33441~2409
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1 ZONING DEPI 'tYlYLv
September 1 t 1995
T ambrl J. Heyden
Planning and Zoning Director
Clly of Boynton Beach
PO Box 310
Boynton Beach, FL 33425-0310
Re: Forest Ct (#95-004) & Miner Rd (#95-005) Right of Way Abandonment
Dear Ms. Heyden:
FPL has no objedion to the abandonment of the Forest Court rlght-ot-way of as described
in your letter dated August 9. 1995
FPL has no objection to the abandonment of the Miner Road right-of-way of as described
in your letter dated August 14, 1995. provided that a utility easement is provided on the
east 160 feet of the road right of way.(See the area highlighted in yellow on the enclosed
j / drawing.)
. ~ If you require any additional Information. please call me at (407) 265-3104.
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Sincerely Yours.
fJ'G~~
A. G. R~~lll~~ ~
Major Account Manager
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-665
Agenda Memorandum for
November 21, 1995 City Commission Meeting
FROM:
Carrie Parker
City Manager
Tarnbri J. Heyden '-rr;;41J
Planning and Zoning Director
TO:
DATE:
November 15, 1995
SUBJECT:
Miner Road - ABAN #95-005
Right-of-way abandonment
The above-referenced request is on the table under Public Hearings
for the November 21, 1995 City Commission agenda.
DESCRIPTION: The above request was submitted by Richard Harris,
agent for Condor Investments of Palm Beach County, owner of the
undeveloped High Ridge Commerce Park PID, to abandon a portion of
Miner Road located between High Ridge Road and I-95 in connection
with expansion of the existing Waste Management facility on
Industrial Way, immediately south of the requested area to be
abandoned. At the September 19, 1995 Commission meeting, the
request was tabled until the applicant submitted to staff the
following documents to allay staff concerns with this request:
1. An abandonment application for the additional 54 feet of Miner
Road that exists immediately north of the Waste Management
facility.
2. An abandonment application for a 25 foot wide easement that
exists for Miner Road.
3. An abandonment application for a five foot wide access control
easement that exists for Miner Road.
4. Written documentation, acceptable to the City, that verifies
that the Rollyson, FDOT and Florentine Marble parcels that
abut the portion of Miner Road to be abandoned, have an
alternate, perpetual means of access.
5. Written verification from FDOT and the CSX Railroad that
indicates that they would not permit a "fly-over" to be
constructed over their rights-of-way.
RECOMMENDATION: Staff has received some of the documentation
required in item 4 above, which has been recently forwarded to the
City Attorney and the City Engineer for review. This review is
pending. Mr. Harris has indicated that he had contacted FDOT and
CSX regarding the "fly-over", but that he has not yet received a
response from them. The abandonment applications referenced in
items I, 2 and 3 above have been received, but are still incomplete
and lack responses from the various utility companies. Since the
applicant did not turn this information in by November 8th to
advertise for' a public hearing before the Commission on November
21, 1995 a new deadline of November 28th for receipt of these items
has been set in order to advertise for a public hearing before the
Commission on December 19th. These new applications will replace
the subject application. Therefore, it is recommended that this
item remain tabled to the December 19, 1995 Commission meeting at
which time it is anticipated that the subject application can be
withdrawn, and aotion can be taken on the new applications.
TJH:dim
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APPLICATION TO ABANDON/VACATE
BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM
NOTE:
This form must be filled out completely and accurately
and must accompany all applications submitted to the
Planning Department. (Three' (3) copies of application
are required.)
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PROJECT NAME:
AGENT'S NAME:
AGENT'S ADDRESS:
CEDAR RIDGE, A P.U.D., AND HIGH RIDGE COMMERCE PARK, A P.I.I
J. RICHARD HARRIS. ESQUIRE
SCOTT. ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, P.A.
4400 PGA BOULEVARD, SUITE 800. PALM BEACH GDNS., FL 33410
AGENT'S PHONE:
(407) 624-3900 - FAX (407) 624-3533
OWNER'S NAME:
(or Trustee's)
CONDOR INVESTMENTS OF PALM BEACH COUNTY. INC.
OWNER'S ADDRESS:
C/O JAMES VANDERWOUDE
430 NORTH lIGlI STREET, LAKE WORTH. FLORIDA 33460
OWNER'S PHONE:
(407) 588-3854 - FAX (407) 585-5574
PROJECT LOCATION: EAST OF HIGH RIDGE ROAD WEST OF THE SEABOARD RAILROAD
(not legal description)
AND SOUTH OF GATEWAY BOULEVARD
CORRESPONDENCE
, ADDRESS I * SAME
(if different than
agent or owner)
* This is the address to which all agendas, letters and
other materials will be forwarded.
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Boynton Bch fa~~
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407 624 3533;# 3
ArPLICATION TO ABANDON/V~CAT!
The undera19ned, purauant ta Ordinance NO. 76-27 of the Cir.y of
Boynton B.ach, Florida, hereby applies to the City commi.~i~n to
vacate, abandon, and d~.continu. the,
(check one) r
( )
(XXXI I
(XXXX )
( )
ALLEY
STREET
S'ZCIAL PURPOSB EASEMENT
OTHER HONrlE INTEREST OF THE CITY
a. descr1bed in attached Exhib1t nAil, and to t'enaunce and dis-
olaim any z1Qht of the City and the pUblic in and to any land 1n
conn~ction therewith.
Said application 1. to be filed with the planning Department in
triplicate and applications 1nvolving more than one of the above
listed nontee interests ahall be ~lled .eparately. Each appli-
cation 80 filed .hall be complete in every respect.
The under81gned hereby certify.
1. That a complete and accurate 189&1 de.oription with the
specifio property interest sought to be vaaated or abandoned, in-
cluding where pos8ible a plat map or drawing showing the general
area and. location involved, i8 set forth in Exhibit "An attached
hereto.
2. That the title or inter.lt ot the C1ty and the public in and
to the specific property interest desoribed above was acquired
and i. evldenoed by,
(oheck' one).
( XXIX)
( xxxx)
( )
DEED
DEDICATION
PRBSCRIPTION
Reoorded. in Official llecotdl Boole 2573 , Page 1349, and':
Publio aeoorda of Palm Seach county, florida. **PLA'I' BOOK 47. PAGES
100-101
3. That no lim1lar application ha. been considered by the City
at any time within .ix (6) months o~ the date hereof, and should
thi. applioation be granted, 8uch abandonment and Vacation will
prevent no other property owners trom acce.. to and fram their'
property and no other property owners in the vicinity will be
adver.elY'effeoted.
4. That the above de.c~1b.d property intereat i. unde~ the
control and ju~i.d1ct1on of the C1ty Commis.ion o~ the City of
Boynton Beach, rlorida, 18 not a part of any .tate or federal
highway sI-tem, and was not acquired or dedicAted for state O~
federal h ghw.ay purposel.:
5. That the following conatitute.'. complete and
sohedule ot all owners and occupants bound1n; and
p~o~e~ty lnt.~..t d..o~ib.4 .bove. .
(, (j)< -L I 'i. 2. 0' 'J ) ii:', "I
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accurate
abutt1n; th.
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f A (.. fv\ \\ 8 A(' \>I .::C ~,,1', r ~ "tS',,"ln ~ ,,;\
. ~ r;R.\tv:.. A'- ~ fv\\..... (. iN e.:~':"
GF- t::t-.>(,..,,,, e: I!YI
I CONDOR INVESTMENTS OF PALM BBACH
COUNTY, INC.
/ rINDER. 'I' .1>.
~DDRESS
C/O JAMES VANDERWOUDE
430 NOaTH "G" STREET, LAXE WORTH, 1'L
33460
328 ROYAL POINCIANA WAY
PALM BEACH FL 33480
POST OFFICE BOX 12226J
FORT WORTH. 'IX 7612l-2283
c7b MAGIC IMAGE. lN~., 1810-A tOREST
1!!LL BLVD,. W. PALM BOH., FL 33406602"'
556 HUIRFIELD DRIVE
ATLANTIS. FL 33462-1208
C/O RIGHT-Or-WAY ADMINStRATOR. 34UU
W. COMMERCIAL BLVD., FT. LAUD., FL
WASTE MANAGEMENT INC. OF FLORIDA
/ ROLLYSON. JAMES AND GENEVIEVE
BJNEER. DAVID B. AND LEIGHAN R.
FLORIDA DEPAllTMENT OF !RANSPORTATION
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