AGENDA DOCUMENTS
AGEJ\IDA'DOCUMENTS
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PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-129
Agenda Memorandum for
April 4, 1995 city Commission Meeting
TO: Carrie Parker
city Manager
FROM: Tambri J. Heyden ~~
Planning and Zoning Director
DATE: March 28, 1995
SUBJECT: The Vinings at Boynton Beach - File No. ABAN #95-005
Please place the above-referenced item on the city Commission
agenda for April 4, 1995 under Legal - Resolutions.
DESCRIPTION: Adoption of the attached resolution will finalize
the action taken by the City commission at the september 20, 1994
City Commission meeting. At that meeting, the City commission
approved the abandonment of a 20 foot wide drainage easement
located northeast of the southwest corner of S.W. 8th Street and
Morton's Way, within the proposed Vinings apartment complex
parcel. Abandonment of the easement is necessary so that the
apartment buildings which have been site plan approved and
within the permitting process, will not encroach the easement.
since the easement was used to accept and pretreat the stormwater
drainage from the Shoppes of Woolbright PCD, prior to discharge
into the master drainage tract (lake) located within the
Woolbright place PUD and serving both the peD and the PUD,
approval was subject to relocation/rerouting of the
infrastructure leading from the PCD to the lake.
RECOMMENDATION: The Planning and Zoning Department recommends
approval of this resolution. The Engineering Division has
verified that the referenced condition of approval (relocation of
the drainage infrastructure) has been satisfied.
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Attachments
xc: Central File
A:VinDAban
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PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-280
Agenda Memorandum for
September 20, 1994 city Commission Meeting
FROM:
Carrie Parker
city Hanager
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Tambri J. ~~----
Planning and Zoning Director
TO:
DATE:
september 15, 1994
SUBJECT:
The Vinings at Boynton Beach - ABAN #94-002
Drainage Easement Abandonment
Please place the above-referenced request on the September 20,
1994 city commission agenda under Public Hearings.
DESCRITPION: This request is for abandonment of a 20 foot wide
drainage easement located in northeast of the southwest corner of
S.W. 8th Street and Morton's Way, within a 33.87 acre parcel to
be developed as The Vinings; rental apartments. The facilities
within the easement are to be relocated in the near future,
within existing city rights-of-way.
RECOMMENDATION: The Planning and Development Board unanimously
recommends approval of this request, subject to the attached
staff comments (Engineering Department memorandum dated August
12, 1994). The motion included a recommendation requesting the
city Attorney prepare an agreement to ensure the enforcement of
the conditions stated in the attached letter from the applicant,
dated August 26, 1994 (Exhibit "C"). The letter states that the
applicant is committed to relocating the drainage facilities
within the subject easement, prior to the city adopting the
abandonment resolution.
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Attachments
xc: Central File
A:VingAban
7. A. 1.
ABANDONMENT
THE VININGS AT BOYNTON BEACH
PLANNING AND ZONING DEPARTMENT MEMORANDUM #94-275
TO:
Chairman and Members
Planning and Development Board
THRU:
Tambri J. Heyden
Planning and Zoning Director
FROM:
Michael E. Haag
Zoning and Site Development Administrator
DATE:
September 8, 1994
RE:
The Vinings at Woolbright Place
File No. ABAN 94-002
Drainage Easement Abandonment
NATURE OF REQUEST
CCL Consultants Inc., agent for Howard R. Scharlin, Trustee for the
Woolbright Place PUD, is requesting abandonment of a 20 foot wide
drainage easement. The drainage easement is located northeast of
the southwest corner of S.W. 8th Street and Morton's Way, within a
33.87 acre parcel to be known as The Vinings. The Vinings is a new
apartment complex proposed to be constructed within that portion of
the Woolbright Place PUD located on the west side of S. W. 8th
Street, approximately 1,400 feet north of Woolbright Road. (See
attached location map.) The attached, Exhibit "A", is a drawing
showing the location of the easement in relation to the site.
BACKGROUND
The drainage easement was created when the Home Depot, located in
the Shoppes of Woolbright PCD, was established. The Shoppes of
Woolbright PCD is located directly south of the Woolbright Place
PUD. The purpose of the drainage easement is to provide a
controlled area where stormwater is directed from the PCD property
to a drainage structure located on the proposed Vinings property.
The stormwater is ultimately discharged into a man made lake. The
Lake is located directly west of S.W. 8th Street and approximately
650 feet north of the subject easement. Off-site infrastructure
located under S.W. 8th Street carries the stormwater to the lake.
The lake, which received South Florida Water Management District
approval, was designed to accept the stormwater drainage from the
PCD and pun projects.
The subject easement is located within the footprint of two
proposed apartment buildings. The agent is proposing to reroute
the PCD drainage by constructing new infrastructure that will not
be located on The Vinings property. The new infrastructure will be
connected to the existing infrastructure under S.W. 8th Street and
will discharge into the lake.
ANALYSIS
The subject easement will no longer be needed after the stormwater
diversion around the property is constructed. The Engineering
Department is in agreement that approval of the abandonment can be
made by the Planning and Development Board and City Commission
provided that the adoption of the abandonment resolution by the
City Commission does not take place until after construction and
City approval of the diversion takes place.
/
page 2
Planning and Zoning Dept
memo #94-275
The City departments involved in review of a request for
abandonment and the parties that were given public notice of the
requested abandonment are identified below. Public notice is given
to the property owners that abut the easement to be abandoned. The
Engineering Department notifies the various utility companies that
have a potential interest in the easement. The area of the
proposed abandonment is located entirely within the property owned
by the applicant. The applicant's reasons for an abandonment and
the grounds that support the request are shown on the enclosed copy
of the last page of the abandonment application form. The legal
description and easement to be abandoned are shown on the attached,
Exhibit "B".
CITY DEPARTMENTS
Engineering
Memorandum dated
August 12, 1994
Utilities
No objection
Planning and Zoning
No objection
ABUTrING PROPERTY
The area of abandonment is located entirely within the applicant's
property, therefore no objections were received.
PUBLIC UTILITY COMPANIES
Florida Power and Light
No objection
Southern Bell
No objection
Gas Company
No objection
Cable Company
No objection
RECOMMENDATION
Staff recommends approval of the abandonment of the drainage
easement shown and described on the attached Exhibit "B", subject
to the City Engineer providing written verification that the
rerouted drainage system is functional and complies with
engineering requirements and standards, prior to Commission
adoption of the resolution finalizing the abandonment. The
applicant concurs with the condition (see Exhibit "C").
a:memo94.275
t:A
3420
6. That the following grounds and reasons are submitted in
support of this application:
The existing easement was provided to drain the peD property.
The proposed relocation makes the drainage easement redundant.
A new easement will be provided prior to the abandonm~nt of the
existing easement.
DATED:
ADDRESS
1399 S.W. 1st Avenue, 4th Floor
Miami, FL 33130
STATE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicant(s) being first duly sworn by me the
day and year above indicated, deposed and stated that __he__
are/is the applicant(s) in the foregoing Application to Abandon/
Vacate I that they have read the same and that the facts therein
set forth are true and correct to the best of their knowledge.
My Commission Expires:
6-19-87
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Mr. Bill Hukill
Sue Kruse
City Engineer
City Clerk
SUBJECT
Planning & Development Board Meeting --- Sept. 13, 1994
-FOlONO.'OIlO
. "\_ ~ _ ".J":
Attached is a copy of an application requesting the abandonment of a drainage easement
located in Woolbright Place POD. The application was submitted by CCL Consultants, Inc.,
agent for The Vinings. Please review and advise of your recommendations for approval or
disapproval in accordance with Section 22-40(a) of the code. Please respond to this office
with a copy to the Planning Dept. by September 2.
DATE
8-12-94
SIGNED ...~ ~ -
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E,XHIBIT "B"
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CCL CONSULTANTS, INC.
ENGINEERS SURVEYORS PLANNERS
2200 PARK CENTRAL BLVD, N, SUITE 100 POMPANO BEACH, FL 33064 (305) 874-2200
POMPANO BEACH ORLANDO WEST PALM BEACH
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, : POINT OF BEGINNING
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~ MORTON'S WAY
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EXHIBIT "A"
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(P.B. 67, PGS, 47-49, B.C.R.)
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MORTON'S WAY
LOCA TION
N.T,S.
POINT OF COMMENCEMENT
s.w. C~N[R - TR/ICT C
LEGAL DESCRIPTION: DRAINAGE EASEMENT
THE 20 FOOT DRAINAGE EASEMENT AT THE SOUTHWEST CORNER OF TRACT C,
WOOLBRIGHT PLACE PLAT 1, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 67, PAGES 47 THROUGH 49, PUBLIC RECORDS, PALM BEACH COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT C; THENCE NORTH
49'31'18" WEST ALONG THE EASTERLY LINE OF SAID TRACT C FOR 40.18 FEET
TO A POINT ON A CURVE, SAID POINT BEARS NORTH 82' 31'12" EAST TO THE
RADIUS POINT OF' THE NEXT DESCRIBED CURVEj THENCE NORTHWESTERLY
ALONG A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF' 1441.26 FEET,
A CENTRAL ANGLE Of 05.32'01", fOR AN ARC DISTANCE OF 139,20 fEET TO THE
POINT OF BEGINNING AND A POINT ON THE WEST LINE OF SAID TRACT C AND
CENTERLINE OF SAID 20 FOOT DRAINAGE EASEMENT, SAID EASEMENT LYING 10 FEET
ON EACH SIDE OF AND ADJOINING THE FOLLOWING DESCRIBED CENTERLlNEj THENCE
SOUTH 69'25'05" WEST FOR 203.97 FEET TO THE POINT OF TERMINUS.
NOTES:
CERTIFICATION:
1. REPRODUCTIONS Of THIS SKETCH ARE NOT VALID UNLESS
SEALED WITH AN EMBOSSED SURVEYOR'S SEAL
2, LANDS SHOWN HEREON WERE NOT ABSTRACTED BY
CCL CONSULTANTS. INC, FOR EASEMENTS AND OR RIGHTS-
OF-WAY OF RECORD.
3, DATA SHOWN HEREON WAS COMPILED FROM OTHER
INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY
AS SUCH,
.c, BEARINGS ARE BASED ON THE PLAT DESCRIBED IN THE
LEGAL DESCRIPTION,
REVISIONS DATE BY
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF SURVEY
IS TRUE AND CORRECT TO THE BEST OF I.4Y KOWLEDGE AND
BELIEF AND THAT IT MEETS THE I.4INIMUM TECHNICAL
STANDARDS SET FORTH BY THE FLORIDA STATE BOARD OF
LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA
ADI.4INISTRATIVE CODE,
PRorESSIO l LAND SURVEYOR 4431 STATE OF FLORIDA
GREGORY S, MIRE. P .L.S,
DATE : DRAWN CHECKED fiELD
8-3-94 BY M.D. BY G S.M_ BOOK
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EXHIBIT "C"
MEMORANDUM
FRO~:
SUBJECT:
William Hukill
City of Boynton Beach
~ ..L-----
Rick Wohl~
The Vinings at Boynton Beach
eeL's Project No. 3420
TO:
DATE:
August 26, 1994
Pursuant to our conversation this date please aCL'".ept this as. our ackuowledgement that the
vacation C)j;' the drainDge easement being proposed for the Vioings at Boynton Beach will not
be f111alized until tbe alternative drainage plan has been submitted, approved, constructc:d and
accepted by the City or BoyntOn Deach.
cc: MichaellIaa,.J
Michael Morton
Bettina Scherer
eel CONSULTANTS, INC.
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