AGENDA DOCUMENTS
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-579
Agenda Memorandum for
November 6, 1996 City Commission Meeting
TO:
Carrie Parker
City Manager
FROM:
--::/ t;1 , J
Tambri J. Heyden, AICP v~
Planning and Zoning Director
DATE:
October 31, 1996
SUBJECT: Riverwalk Shopping Plaza (f.k.a. - Causeway Square)
ABAN 96-003 (utility easement abandonment)
Please place the above-referenced item on the November 6, 1996 City Commission
agenda under Resolutions.
DESCRIPTION: The public hearing for abandonment of a utility easement within the
Riverwalk Shopping Plaza (f,k,a. Causeway Square) at the southeast corner of Woolbright
Road and Federal Highway is scheduled for the November 6, 1996 City Commission
meeting. The staff report indicates several conditions that staff and the Planning and
Development Board recommended be attached to this approval. All of these conditions
have been addressed since the October 8, 1996 Planning and Development Board
meeting.
RECOMMENDATION: Since all recommended conditions of approval have been
addressed, adoption of the attached resolution is in order to finalize this abandonment.
TJH:bme
Attachments
xc: Central File
c:RIVWGABN1
00
NOV _ ,.
rn
PLANNING AND
ZONING DEPT.
'--!.,L'_
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-521
Agenda Memorandum for
November 6, 1996 City Commission Meeting
TO:
Carrie Parker
City Manager
FROM:
"'-:;:;j'arJ
Tambri J. Heyden, AICP 1/'
Planning and Zoning Director
DATE:
October 31, 1996
SUBJECT:
Riverwalk Shopping Plaza a.k.a, - Causeway Shopping Center -
ABAN 96-003
Abandonment (utility easement)
Please place the above-referenced item on the November 6, 1996 City Commission
agenda under Public Hearing,
DESCRIPTION: Lee Starkey of The Lee Starkey Group, agent for Riverwalk Plaza Joint
Venture, the contract purchaser ofthe Riverwalk Shopping Plaza (f.k.a. Causeway Square)
is requesting abandonment of a utility easement located within the plaza. Riverwalk Plaza,
zoned C-3, located at the southeast corner of Woolbright Road and Federal Highway. For
further details pertaining to this request, please see Planning and Zoning Department
Memorandum No. 96-505.
RECOMMENDATION: The Planning and Development Board, with a 6-0 vote,
recommended approval, subject to all the staff comments in Exhibit "E" - Conditions of
Approval. (Since the October 8, 1996 Planning and Development Board meeting, the
applicant has addressed all staff and utility company comments. Therefore, adoption of
a resolution, finalizing the abandonment, is also scheduled for the November 6, 1996 City
Commission meeting, under Resolutions.)
T JH:bme
Attachments
xc: Central File
c:RIVWGABAN
7.CA
ABANDONMENT
RIVERW ALK SHOPPING PLAZA
a.k.a. CAUSEWAY SHOPPING CENTER
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-505
TO:
FROM:
Chairman and Members
Planning and Development Board
Tambri J. Heyden, AICP IJ~~
Planning and Zoning Director+ '0
DATE:
October 3, 1996
SUBJECT: Riverwalk Plaza
ABAN 96-003 (utility easement)
NATURE OF REQUEST
Lee Starkey of The Lee Starkey Group, agent for Riverwalk Plaza Joint Venture, the
contract purchaser of Riverwalk, is requesting abandonment of a utility easement
located within the Riverwalk Shopping Plaza a.k.a. Causeway Square. Riverwalk Plaza
is located at the southeast corner of Woolbright Road and Federal Highway (see
attached Exhibit "A" - a location map of Riverwalk Plaza, Exhibit "B" - the approved site
plan of the area that shows the easement to be abandoned and Exhibit "C" - a legal
description and survey of the entire site and a partial survey of the proposed
abandonment).
BACKGROUND
The need to abandon and relocate the existing utility easement emerged when the
existing structure (Kmart store) was to be expanded to the north in connection with
converting it to a Winn-Dixie grocery store. The easement does not contain any
utilities, however, the proposed expansion was in conflict with an 8" water main located
in proximity to this easement. It was determined during the site plan review process,
that the easement would be abandoned and relocated to another location that would
not be in conflict with the proposed expansion.
ANALYSIS
The applicant's reasons for filing this abandonment and the grounds that support the
request are included in the attached Exhibit "0" - Application. The city departments
involved in the review of the request for abandonment and the utility companies notified
of the request are identified below. Public notice was given to the property owners that
abut the property containing the subject easement and has been advertised in the
newspaper. The utility companies and the city departments' responses to the
abandonment request are as follows:
CITY DEPARTMENTS
Engineering
No response
Utilities
No response
Planning and Zoning
See Exhibit "E"
PUBLIC UTILITY COMPANIES
Florida Power and Light
No objection (recommendation to
/
Page 2
Memorandum #96-505
ABAN 96-003
coordinate re-alignment with the FPL
construction coordinator)
Southern Bell
No objection (telephone response -
written response forthcoming)
Florida Public Utilities Company -
No objection
Cable Company (Comcast)
No objection (telephone response -
written response forthcoming)
The following is a description of the land uses and zoning districts of the properties that
surround the subject request (see Exhibit "A" - Location Map).
North -
Woolbright Road right-of-way and farther north is a multifamily
residential development, zoned Multiple-Family Dwelling, R-3
East -
Intracoastal Waterway right-of-way
South-
Vacant land, zoned R-3
West -
Federal Highway right-of-way and farther west is a shopping
center, zoned Community Commercial, C-3
RECOMMENDATION
Staff recommends approval of this abandonment, subject to approval of all utility
companies and city departments involved in the review process as described in the
attached Exhibit "E" - Conditions of Approval. These conditions will need to be
addressed prior to the City Commission adoption of the resolution approving the
abandonment.
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Attachments
xc: Central File
a:RIVERWAL.WPD
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LEG<l.L IIESCRII'TIONS <l.ND SKETCII
FOR TilE ABANIKINMENT AND R&-ALIGNMENT OF A roRTION APP\'\CABI.E
'1'0 A I" FEET WIDE U1'IUTY EASEMF.NT RECORDEIJ
IN OFFICIAL RECORI) BOOK 18611, PAGE 887
I'UIIUC RECORI)S OF PALM BE<l.CII COUNTY. nORmA.
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FLOR I DA SURVEY I NG {;, MAPP I NG. INC.
REGISTERED LAND SURVEYORS
470S. MiliTARY TRAIL W.P,8., FL33416
(407) 689-6414
DRAHN:
CHECKED:
FIELOHORK
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^ Specific Purpose Survey
Issued a\ll\ Certified
To
Rivenvalk l'laza, Inc.
DATE:
BY:
.-" -- ~.- ---
----1
196-038
r
RlVERWALK PLAZA .
A COMMERCIAL SHOPPING CENTER
LYING IN SECTION 34, TOWNSIDP 45 SOUTIl, RANGE 43 EAST,
CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA
LEGAL DESCRlYflONS AND SKETCH
FOR TIlE ABANDONMENT AND RE-ALIGNMENT OF A PORTION APPLICABLE
TO A 10 FEET WIDE UTILITY EASEMENT RECORDED
IN OFFICIAL RECORD BOOK 1868, PAGE 887
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
PORTION TO BE ABANDONED
COMMENCING AT THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 45 SOUTH,
RANGE 43 EAST; THENCE S.00059'57''E., A DISTANCE OF 50 FEET TO THE SOUTHERLY
RIGHT-OF-WAY LINE FOR S.E. 15TH AVENUE, FORMERLY WOOLBRIGHT ROAD;
THENCE N.89041'13"E. ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 52.92 FEET TO
THE WESTERLY LINE OF SAID UTILITY EASEMENT RECORDED IN OFFICIAL RECORD
BOOK 1868, PAGE 887; THENCE S.02"31'25"W., A DISTANCE OF 22.90 FEET; THENCE
S.68007'43"E., A DISTANCE OF 131.81 FEET; THENCE S.71043'22"E., A DISTANCE OF
127.35 FEET; THENCE S.54034'04"E., A DISTANCE OF 30,29 FEET TO THE POINT OF
BEGINNING OF THAT PORTION OF TillS UTILITY EASEMENT TO BE ABANDONED;
THENCE S.54034'04"E., A DISTANCE OF 89.51 FEET; THENCE N.00038'48''W., A DISTANCE
OF 12.39 FEET; THENCE N.54034'04"W., A DISTANCE OF 68.30 FEET; THENCE
S.89041'13"W., A DISTANCE OF 17.14 FEET MORE OR LESS TO THE POINT OF
BEGINNING.
PORTION TO BE RE-AUGNED
COMMENCING AT THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 45 SOUTH,
RANGE 43 EAST; THENCE S.00059'57''E., A DISTANCE OF 50 FEET TO THE SOUTHERLY
RIGHT-OF-WAY LINE FOR S.E. 15TH AvENUE. FORMERLY WOOLBRIGHT ROAD:
THENCE N.89041'13"E., ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 62.92 FEET
TO TIlE EASTERLY LINE OF SAID 10 FEET WIDE UTILITY EASEMENT, RECORDED IN
OFFICIAL RECORD BOOK 1868, I'AGE 887 PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE S.02031'25"W., A DISTANCE OF 16.39 FEET; THENCE S.68007'43"E.,
A V1STANCE OF 124.43 FEET; THENCE S.71043'22''E., A DISTANCE OF 128.55 FEET;
THENCE S.54034'04"E., A DISTANCE OF 28.57 FEET'TO THE POINT OF BEGINNING OF
THE SAID 10 FEET WIDE UTILITY EASEMENT RE-ALIGNMENT; THENCE N.89?41'13"E.,
A DISTANCE OF 79.06 FEET; TIIENCE S.00038'48''E., A DISTANCE OF 57.14 FEET MORE
OR LESS CONNECTING WITH THE EASTERLY MOST LINE OF SAID EASEMENT;
TIIENCE N.54034'04"W., A DISTANCE OF 12.37 FEET; TlIENCE N.00038'48''W., A
DISTANCE OF 39.91 FEET; THENCE S.89041'13"W., A DISTANCE OF 72.34 FEET; THENCE
N.17033'35"E., A .DISTANCE OF 10.51 FEET MORE OR LESS TO THE POINT OF
p~EGINNING.
BEARING DATUM FOR THIS DESCRIPI'ION:
The We5tz line sai -section 34 is assumed to bear S.oooS9'S7"E. and all bearing cited herein
are relative the from.
nosD ~ ""'"'BY, .
GE.&. PANOS,
REGISTERED LAND SURVEYOR
FLORIDA CERTIFICATE NUMBER 1676
DATED: JUNE 20, 1996
FLOR I DA SURVEY I NG & MAPP I NG, INC.
REGISTERED LAND SURVEYORS
470 S. MILITARY TRAIL .-~,P.B., FL 33416
(407! 6B9-6414
A SpecIC"lC Purpose Survey
Issued and Cod'""
To ""
RiftrwaII< l'Iua. Inc.
BY:
DATE:
SCALE:
PRDJECT
186-038 _ _
SIIEET 2 OF 3
DRAHN:
CHECKED:
.F I ELDHORK ,.
FIELDBOOK .PG.
10
EXHIBIT
"D"
J I
APPLICATION TO ABANDONNACATE
BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM
This form must be filled out completely and accurately and must accompany
all applications submitted to the Planning Department. (Three (3) cODies of
application are required.)
NOTE:
PROJECT NAME:
AGENT'S NAME:
AGENTS ADDRESS:
AGENTS PHONE:
FAX:
OWNER'S NAME:
(or Trustee's)
OWNER'S ADDRESS:
OWNER'S PHONE:
PROJECT LOCATION
CORRESPONDENCE
ADDRESS:'
RIVERWALK PLAZA
Lee Starkey
THE LEE STARKEY GROUP
11214 Marjoram Drive
Palm Beach Gardens, FL 33418
561 775-0671
561 625-9364
RIVERWALK PLAZA JOINT VENTURE
3014 S,Olive Avenue
West Palm Beach, FL 33405
561 835-0335
Southeast corner U.S, Highway #1 and S,E. 15th Avenue
(Woolbright Road)
Agent's
'This is the address to which all agenda, letters and other
materials will be forwarded,
,
IJ
(" ,~,., If'" r .',i!-
APPLICATION TO ABANDON/VACATE
The undersigned, pursuant to Ordinance NO. 76-27 of the City of
Boynton Beach, Florida, hereby applies to the City Commission to
vacate, abandon, and discontinue the,
(check one) :
( ) ALLEY
( ) STREET
( )C ) SPECIAL PURPOSE EASEMENT
( ) OTHER NONFEE INTEREST OF THE CITY
as described in attached Exhibit "A", and to renounce and
disclaim any right of the City and the public in and to any land
in connection therewith.
Said application is to be filed with the Planning Department in
triplicate and applications involving more than one of the above
listed nonfee interests shall be filed separately. Each
application so filed shall be complete in every respect,
The undersigned hereby certify:
1. That a complete and accurate legal description with the
specific property interest sought to be vacated or abandoned,
including where possible a plat map or drawing showing the
general area and location involved, is set forth in Exhibit "A"
attached hereto.
2. That the title or interest of the City and public in and to
the specific property interest described above was acquired and
is evidenced by,
(check one):
)( ) DEED
) DEDICATION
) PRESCRIPTION
Recorded in O.IZ-.e> Book 16hb, Page 887.
and Public Records of Palm Beach County, Florida.
3, That no similar application has been considered by the City
at any time within six (6) months of the date hereof, and should
this application be granted, such abandonment and vacation will
prevent no other property owners from access to and from their
property and no other property owners in the vicinity will be
adversely effected.
4. That the above described property interest is under the
control and jurisdiction of the City Commission of the City of
Boynton Beach, Florida, is not a part of any state or federal
highway system, and was not acquired or dedicated for state or
federal highway purposes.
5. That the following constitutes a complete and accurate
schedule of all owners and occupants bounding and abutting the
property interest described above.
~
THe AFR-I <::.Am-
....;,
ADDRESS
11
6, That the following grounds and reasons are submitted in
support of this application:
?e~ ATTACI-l-6D...
DATED:
SIGN)
ADDRESS
STATE OF FLORIDA
COUNTY OF PALM BEACH
The above name applicant(s) being first duly sworn by me the date
and year above indicated, deposed and stated that __he__ are/is
the applicant(s) in the foregoing Application to Abandon/Vacate;
that they have read the same and that the facts therein set forth
are true and correct to the best of their knowledge.
- ,u",~;4l ~
~~~PU IC, State of Florida
My Commission Expires:
"-;"-:;"~":""" L YNOA J. HARRIS
!Jil~\ MY COMMISSION' CC418827 EXPIRES
;",:. ;-, November 12. 1998
':.'l,i~',~./"", tmNOED THRU TROY FAIN INSURANCE. INC
"m"i;\'
(4
September 8, 1996
RIVERWALK PLAZA
EASEMENT ABANDONMENT
6, The following grounds and reasons are submitted in support of this application:
The subject utility easement crosses the northeast corner of the proposed expansion to
the Winn-Dixie Store, Investigations to locate and identify the existing underground
facilities have shown that there are no facilities within this portion of the recorded
easement.
The utility in closest proximity to the easement is an 8 inch water main, a portion of
which must be relocated to clear the proposed building, The plans for the relocation will
be submitted as a part of the permiting process,
Responses to notifications of the intent to abandon this easement are attached hereto
and made a part of this application.
,
I~