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AGENDA DOCUMENTS ~'~Y',O~ ":)" o (J J..... ~ "Y7- 0~ ON CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be. Turned Requested City Commission Date Final Fonn Must be Turned Meetin~ Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office I2J December 3, 2002 November 18,2002 (Noon) D February 4, 2003 January 21,2003 (Noon) D December 17, 2002 December 2, 2002 (Noon) D February 18.2003 February 3, 2003 (Noon) D January 7, 2003 December 16,2002 (Noon) D March 4, 2003 February 18,2003 (Noon) D January 21,2003 January 6, 2003 (Noon.) D March 18,.2003 March 3, 2003 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing I2J Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the December 3, 2002 City Commission Agenda under Legal, Ordinances - Second Reading. The City Commission with a unanimous vote, recommended that the subject request be approved under First Reading on November 19, 2002. For further details pertaining to the request, see attached Department of Development Memorandwn No. PZ 02-211. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Nautica Right-of-Way (ABAN 02-002) Michael Rodriguez, Esq. Sachs, Sax, & Klein, P .A. Nautica Homeowner's Association Request for abandonment of the Nautica Boulevard right-of-way to be replaced by a dedicated access and utility easement in the Nautica PUD. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: NIA NIA NIA De City Manager's Signature '/1.--tJ ~ Planning and Zonmg ctor City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\NAUTICA\ABAN 02~002\Agenda Item Request Nautica R1ght~of-Way Aban 02-002 12.3-02.dot S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM. DOC DEVELOP:VIEc\T DEPARDIE;\cT MEMOR.-\;\cDL\I :\'0. PZ 02-211 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner DATE: October 3,2002 SUBJECT: Nautica PUD Right-of-way Abandonment ABAN 02-002 NATURE OF REQUEST: This request to abandon a public right-of-way was submitted on May 15, 2002. The applicant, Michael A. Rodriguez, Esq. agent for Nautica Homeowners Association, is requesting to abandon the Nautica Boulevard right-of-way (Tract "B"). The abandonment will also include a small portion of the Bermuda Sound Way right-of-way, The plat shows that this portion of Bermuda Sound Way is a component of Tract "8". The entire right-of-way of Nautica Boulevard (including that small portion of Bermuda Sound Way) as shown on the survey will be converted to private road and the Home Owners Association will grant to the City, a utility easement over that roadway for utility and maintenance purposes. In addition, the portion of Nautica Boulevard that directly abuts the City park (Tract "0") will be coverted to a private roadway and granted to the City, both as a utilty easement and as an access easement. The attached Exhibit "B" shows the location of the applicant's property and includes a diagram of the specific rights-of-way to be abandoned. BACKGROUND: The 80-foot wide right-of-way (Tract "B") currently functions as the primary means of ingress / egress to the residents of Nautica PUD. The Home Owners Assocation of Nautica PUD has expressed future interest for possible roadway improvements (such as the installation of speed humps) as well as increased security measures (gated entranceways). Nautica Boulevard, a loop road, directly connects to Lawrence Road at two different points. ADJACENT USES: see Exhibit "A" - Location Map) <orth: Nautica PUD Plat One, City of Boynton Beach Park (Tract "0") ;outh: Nautica PUD Plat Two cast: Lawrence Road right-of-way Vest: Nautica PUD (Recreation Tract) Page 2 Memorandum No. PZ 02-211 ABAN 02-002 ANAL YSIS: If the abandonment is executed, both halves of the 80-foot wide right-of-way of Tract "B" would be deeded to the HOA, except for the half (40-feet) directly adjacent to Tract "0" (City park). This half (abutting the public park) would be owned by the City. However, the City would then Quit- Claim this half back to the HOA so that the HOA would maintain the right-of-way. Finally, the 80-foot wide right-of-way (only abutting Tract "0") will serve as a utility easement and also as an access easement. Converting Nautica Boulevard (Tract "B") to a utility easement will allow for service and emergency vehicles to access the roadways I utility infrastructure if the need arises. An access easement, however, would only allow the public to access the City park (when the park is developed). The HOA submitted the necessary documents to abandon the right-of-way and convert it to a utility easement I access easement. It is staffs understanding that the Homeowners Assocation (HOA) of Nautica PUD wants to convert the Nautica Boulevard right-of-way from a public road to a private road in order to facilitate possible future improvements within the right-of-way (such as gating the entranceways or installing speed humps). Any future consideration for gating one (1) or both of the development's main entrances or to install traffic calming devices would require separate staff review. This staff report neither addresses nor anlyzes the gating of the entranceways or the installation of traffic calming devices. If this abandonment is approved, a master plan moditication to the Nautica PUD would be required should the HOA request these major types of improvements. With consent from staff, a private road within a residential subdivision, such as Nautica Boulevard, could be closed off to the public provided that tire and emergency ingress I egress is maintained. The following responses were received from the affected parties: CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection No objection I'JO objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Rublic Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Approval with conditions (see Exhibit "0") Approval with conditions (see Exhibit "0") No objection No objection N/A RECOMMENDATION: ,taff recommends that this request to abandon the right-of-say be approved, subject to the comments lcluded in Exhibit "C" - Conditions of Approval. Any additional comments recommended by the Planning nd Development Board or by the City Commission will be placed in the Conditions of Approval. :: Central File ?lanninIISHAREOIWf>\PROJECTSINAUTICA\A8AN (l.!.OO.!\SIJlfR..p<Jl't.:loo; Location Map Nautica Abandonment --=- - =:;::::=-::-c- ~ :.=-~= ~=: ,~---.,- -- -,' - -_._~-~ - ______n_ _~_.. -= ~' ,,= I )> < m ..;J:J I r r ;J:J o (f) ."-~._- -.............~ '-'-" - .. .. -W06El::RG N .~ AG ~'~ __-,..-cc:o> ,,<<:' _f, _~ - -- - <t- _ ::-~.s:;fcl2:~ --':'-?':..::::- -.... ~'?'~ \_ .~., '": .:-.:~-<J,~f"~:i;,4 t=:~ SITE ~'~~ /0~~~~-~IC1~'f--~ ;~~,~~~~l~~~L.~ _, . 7~~ . '~-~= ',F-','--" "'PU' 0, ..,:,~;~'-;~:--f ={~,:-- . ?;;~~:.3:~,~~!lfi~~*_\~~1.~1i u dJR 1 AA cr :1': ,il: ,::'~' EXHIBIT "A" ~,-i=~~- ==~~ ,..~: - - --.~'- --.~,~~~-;.- . _CEDAR TN'':: ~-:-:: -:::=-- =,-, -=- ~- :,,:...-.-,~'-.....=: -' -. ~- - -.-'-==== ~, :::?=nl-r~:~L ' _,~~u~ t <,. ...,...,...."..;.~-:i- , I_~",: ,~:~E~?~~~(,- , --"--~ :c~~ ~~tl _ _~_ '-:::; G:!. .~.';: \~2 -=- --~::..~",,~i :~. ~~~ =':;=7-~. ;~,".'I.' ',",",,',:,;'.~ ~r-~.-i.-t~::;:" --::':~,~:~~~ .1: '=.,,~~"".. ~,/"O'1,'_ :'il:S~"'''-~''''.~' ,,' I~ "ii j;:;::;C:::;Ji"'l!:v,';;..~",,~ , . \==~ :':: I~~ ':(/',~~I ' . '~'cL :. =~~I'?~~'I,~'~\. .",.,~"");.,\,,,,- ':I,......;l"'''jJ''''H''JJ.,;~i~.::;::.',.-I I] I 'ld!lil., ',II!: I:': . 11111:!IIII!I::;il~!1 "."ili>lI,;I;"II::;"",U'I!_ ,,' ',~T~I- ~- c ;~~~~:~: :::~.~_~>'>J I I II I I LlJ l;i~0'~~'#1~ l~rR1MB,1 (,~. ",1i'1~ ,I I I 1 I L...J ~ l 'I ( -..J '"II' '" "'I[ NW??N , I i I J ------..~ I , ,- II I' I'll;;:! , ".1 .' ~I: ISAHIAWAY " : i s:--; '/~ I:: I I SSHA ,,,,::, (I) , ,-~ ' , ........ ............... ) i: ~__to~ . - ~ -,-. -1-' EXHIBIT "8" ! :i::: ~! ::/I~.~.~M~~~;ISS1~:I:~ "if -;:;1 ['c,_ ,~:.,';r:C ~2 ~.:.:;~ ~\ r"_,l~,-l'!:-S~ ,;,;.. 02 :;C2~G3 2~il__' 1-----,-;----- ! ~I I B I ~ i ~ I 2eo (j ZOC I b--_____---:._-_____' I CRAPHIC SCALE I TRACT "S ", NAUTICA P.U.Q i: I IPS 7~. PC 170-175, p.e.C.R. ) I I II I I I I I I I I I I I I I I ~ P PSCR PS PC LS PSM ORB FPL R A L 6 Ii. :J ":G. G.J r;:;.:.c r ":J" ....-: /- .0 RECRE~TiJN TR~CT " II II 1\ "I ~ 1,;1 i~ I III I:: ,0 I Iii IZ I 'I I~ I I, ~ I Iii I f' I III , ~ III I r I ," I I ~ I I; I , I II, I ) '[' I 11,1 I TR;'C.T I f1~: I ~ ;-nl~~ I I.....CT> I Iii.,;!;, ! T~~~T I III ;!'": , Ji ' I //11 i I Illi i / )1 III :"0 ~- L II L; - -" I I'" ....._--~~~~.:~E~U::V~RO (P I !,~ ---------H [-_iii I~ -. :111 .::::J '\ I I~ I '0 I ,- I III i~ I 111~i 1110 I ~I I I II~I I 1;1 i ~ r I III~! ~V1 I 11101 O~~ III~' "n. _I -.....'" I III~' "'c;~ --:1 ;;czg TRACT I III'" .-. hC" I Z.....;:J I I II i g~~ L__I 1/ i ~~8 lr Y~'f~ 4G.Q<1' --=.I7A':::;~ S89"S3'OS-W t''',I'''.l.U'lc~.....a ~ \ : PLAT PALM BEACH COUNTY RECORDS PLA T BOOK PACE LICENSED BUSINESS PROFESSIONAL SURVEYOR AND MAPPER OFFICIAL RECORD BOOK FLORIDA POWER AND LIGHT RADIUS ARC LENCTH DEL T A CENTERLI NE ~ > n PlA r L 1.'.11 TS SKETCH OF DESCRIPTION NAUTICA SOULEVARD TRACT'S', NAUTICA P.U.D. IPB 74. PG. 170-175 P.B.C.R.! ClrY Of e01NrON BrACH "&Lr.l ~(.!.Cll COUNr1. FLORIO.!. DA TE 01 -OJ -02 DArE SCALE AS SHOWN FiElD OK. N" DWNG.OY r.H.G. CHK. BY R.K.!.. REVISIONS ~KE~~,,~N~~~~sHN:,~~:,~.A'1 ~i1aIll.lIQ(l"llK..rr.lllWC.II.E.fL.llXI'I'ml!l.tl1li'" SHEET .'iO. 2 or 6 SI1UTS ORA,VING NO. 169J!j,- EXHIBIT "e" Conditions of Approval Project name: Nautica PUD Right-of-way Abandonment File number: ABAN 02-002 Reference: Abandon Nautica Boulevard right-of-way I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None 1. A utilities easement encompassing the entire Nautica Boulevard right-of-way X shall be dedicated to the City of Boynton Beach. This dedication shall occur Drior to final recording of the abandonment. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X P ARKS AND RECREATION Comments: None X FORESTERJENVIRONMENT ALIST Conditions of Approv,l o - DEPARTi.VlENTS INCLUDE REJECT Comments: None X PLANNING AND ZONING 2. To ensure the intended use and maintenance of abandoned right-of-way for X private access purposes, the appropriate documents(s) or plat shall be amended accordingly. 3. Project will require approval of Florida Power & Light and BellSouth X Telecommunications Inc. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 4. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 5. To be determined. S:\Planning\sHAAED\WP\PAOJECTS\NAUTICA \A8AN 02-o02\COA.doc EXHIBIT "0" ~ FPL October 22. 2001 Sachs, Sax & Klein, PA. Northern Trust Plaza Suite 4150 301 Yamato Road Boca Raton, Florida 33431 ,A,ttn. "Iichael A. Rodriguez, Esq RE: Application to AbandonNacate Nautica Boulevard Right-of-Way, Boynton Beach, Florida Dear Ivlr. Rodriguez: In reference to your letter dated October 16, 2001 (see enclosed), FPL has no objection to the ,A.bandonmentlVacating of Nautica Boulevard Right-of Way. This "no objection" is contingent upon as stated in your letter, once the right-of-way is conveyed to the Association, FPL road crossing facilities are protected either by easement or permit. If you require any further information or assistance, please do not hesitate to contact me at (561) 742- 2009, 5Io"coly, ~ b,tt~ Customer Project Manager ;"In FPl Gmufl r:nmptlnv EXHIBIT "0" @ BELLSOUTH Bell South Telecommunic3tlons. Inc. ENGINEERING DEPT. . RM, 107 ZG21 SO. l'\illl1T~R'( TR':;'IL \\iES7 f'4l.',l BEACH. FL j,3l:5 October I, 200 I Mr. Michaei A. Rodriguez, Esq. Sachs, Sax & Klein, P.A. Suite 4150 - Northern Trust Plaza 301 Yamato Road P.O. Box 810037 Boca Raton, Florida 33481 RE: Application to AbandonNacate Nautica Boulevard Right-of-Way Boynton Beach, Florida Dear Mr. Rodriguez: BellSouth has facilities in this Right-of-Way. Therefore, we require 24 hour access [ingress egress regress] to this right-of-way. In addition, for exiting and future facilities we are granted the same rights to remain in or place future facilities in the right- of-way. If you have any questions please call me at 561-439-9118. ~~~/ LFM:dn DEVELOPMH'T ORDER OF THE CITY COMMIS""ON OF THE C. 'OF BOYNTON BEACH, FLORIL PROJECT NAME: Nautica Boulevard PUD Rigt-of-way Abandonment APPLICANT'S AGENT: Michael Rodriquez APPLICANT'S ADDRESS: 301 Yamato Road, Suite 4150 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 6,2002 TYPE OF RELIEF SOUGHT: Abandon Nautica Boulevard Right-of-way LOCATION OF PROPERTY: Nautica PUD DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 Applicant 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: City Clerk S.\Planning\SHARED\WP\PROJECTSWAUTICA\ABAN 02.Q02\OQ.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aQenda request (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates ~December 3 2002 DDecember 17 2002 DJanua 7 2003 DJanua 21 2003 Februa 4, 2003 DFebrua 18 2003 DMarch 4, 2003 DMarch 18 2003 Deadline for Submittal to City P & DjCRA Requests Deadline Clerk's Office November 27 December 11 -P&D CRA Janua Janua Februa Departments are responsible for securing the following si natures on attached A enda Re uest Form: De artment Head 0 Wilfred Hawkins for de artments under Administrative Services 0 Finance De artment for items that involve ex enditure of funds 0 All back u material is attached ~ All exhibits are attached & marked e. . Exhibit "A' ~ Department Head's initials: f'l (y''?-- Nautica Right-of-Way CABAN 02-002) 2nd reading Please do not write in the shaded area below. Legal Department signature 0 City Manager's signature o ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other 0 Reason: Person contacted to pick up rejected request by bg . 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover CHECKLIST form Dee 3-Mareh 18, 2003.doe on (Date) , i~'~:-~\ 1713: "'0\ L_ /..v ;."" ~~ ~ON 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 MeetiOlzDates in to Citv Clerk's Office Meetinl!Dates in to Citv Clerk's Office D August 6. 2002 July 17, 2002 (5:00 p,m,) D October 1,2002 September 16, 2002 (Noon) D August 20. 2002 August 5, 2002 (Noon) D October 15,2002 September 30, 2002 (Noon) D September 3. 2002 August 19,2002 (Noon) D November 6, 2002 October 14, 2002 (Noon) D September 17, 2002 September 3, 2002 (8:00 a.m.) [SJ November 19, 2002 November 5, 2002 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing [SJ Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the November 19, 2002 City Commission Agenda under Legal, Ordinances - First Reading. The City Commission with a unanimous vote, recommended that the subject request be approved under Public Hearing, subject to staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-211. EXPLANATION: PROJECT: AGENT: Nautica Right-of-Way (ABAN 02-002) Michael Rodriguez, Esq. Sachs, Sax, & Klein, P .A. Nautica Homeowner's Association Nautica PUD at Lawrence Road Request for abandonment of the Nautica Boulevard right-of-way to be replaced by a dedicated access and utility easement in the Nautica PUD. OWNER: LOCATION: DESCRlPTION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A City Manager's Signature ~/)7/t' ,~ Planning and Zoning Ifrre tor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\NAUTICA\ABAN OZ-002\Agenda Item Request Nautica Right-of-Way (ABAB 02-002) 1st reading 11-19-02.dot S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM,DQC DEVELOPi\lEC\'T DEPARTl\IL\T MEMOR..\C\'DDI "'0. PZ 02-211 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner DATE: October 3,2002 SUBJECT: Nautica PUD Right-of-way Abandonment AS AN 02-002 NATURE OF REQUEST: This request to abandon a public right-of-way was submitted on May 15, 2002. The applicant, Michael A. Rodriguez, Esq. agent for Nautica Homeowners Association, is requesting to abandon the Nautica Boulevard right-of-way (Tract "B"). The abandonment will also include a small portion of the Bermuda Sound Way right-of-way. The plat shows that this portion of Bermuda Sound Way is a component ofTract "B", The entire right-of-way of Nautica Boulevard (including that small portion of Bermuda Sound Way) as shown on the survey will be converted to private road and the Home Owners Association will grant to the City, a utility easement over that roadway for utility and maintenance purposes. In addition, the portion of Nautica Boulevard that directly abuts the City park (Tract "0") will be coverted to a private roadway and granted to the City, both as a utilty easement and as an access easement. The attached Exhibit "B" shows the location of the applicant's property and includes a diagram of the specific rights-of-way to be abandoned. BACKGROUND: The SO-foot wide right-of-way (Tract "B") currently functions as the primary means of ingress / egress to the residents of Nautica PUD. The Home Owners Assocation of Nautica PUD has expressed future interest for possible roadway improvements (such as the installation of speed humps) as well as increased security measures (gated entranceways). Nautica Boulevard, a loop road, directly connects to Lawrence Road at two different points. ADJACENT USES: (see Exhibit "A" - Location Map) North: Nautica PUD Plat One, City of Boynton Beach Park (Tract "0") South: Nautica PUD Plat Two East: Lawrence Road right-of-way West: Nautica PUD (Recreation Tract) Page 2 Memorandum No. PZ 02-211 ABAN 02-002 ANAL YSIS: If the abandonment is executed, both halves of the SO-foot wide right-of-way of Tract "B" would be deeded to the HOA, except for the half (40-feet) directly adjacent to Tract "0" (City park). This half (abutting the public park) would be owned by the City. However, the City would then Quit- Claim this half back to the HOA so that the HOA would maintain the right-of-way. Finally, the SO-foot wide right-of-way (only abutting Tract "0") will serve as a utility easement and also as an access easement. Converting Nautica Boulevard (Tract "B") to a utility easement will allow for service and emergency vehicles to access the roadways I utility infrastructure if the need arises. An access easement, however, would only allow the public to access the City park (when the park is developed). The HOA submitted the necessary documents to abandon the right-of-way and convert it to a utility easement I access easement. It is staff's understanding that the Homeowners Assocation (HOA) of Nautica PUD wants to convert the Nautica Boulevard right-of-way from a public road to a private road in order to facilitate possible future improvements within the right-of-way (such as gating the entranceways or installing speed humps). Any future consideration for gating one (1) or both of the development's main entrances or to install traffic calming devices would require separate staff review. This staff report neither addresses nor anlyzes the gating of the entranceways or the installation of traffic calming devices. If this abandonment is approved, a master plan modification to the Nautica PUD would be required should the HOA request these major types of improvements. With consent from staff, a private road within a residential subdivision, such as Nautica Boulevard, could be closed off to the public provided that fire and emergency ingress I egress is maintained. The following responses were received from the affected parties: CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Approval with conditions (see Exhibit "0") Approval with conditions (see Exhibit "0") No objection No objection N/A RECOMMENDATION: Staff recommends that this request to abandon the right-of-say be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional comments recommended by the Planning and Development Board or by the City Commission will be placed in the Conditions of Approval. xc: Central File S \PIJJ1nlng'SHARED\WP\PROJECTS\~AUTICA',A8A~ (}~.OO~\SI.ltf Rcp"" Joe Location Map Nautica Abandonment EXHIBIT "A" --==--"""-----=~~c -~,- ----- ~--- ~ --. --"- - ~ ':-=:~=- -, _2 ,=~'-~,- -~- ~----,- -." - ~_......-.....~..--...-~ ~ >--.- / I ::t> < m .7J I r r 7J o (JJ =<::: ~ - ~,~ ~'s=. -=~.- -.---- --:;,. ".:. ".._"",""'--- ---~- 5~-~~ . CEDf'\Rl~~ =.:.-.__ ~ -= ' -. =--- ~~-=--:.~ . --" --~~.--~ ----. ~Oc-'v-;t _ ~. >; fcn:--~ ~- l-c..".,.'-~ ^-,"?'.-- ; -rz ' ~v ~j,:: ~ '" ;-1 " ,">- ..' N I Cj fjj~T,,,- .:::=:=--.-::. -F------~ WOElErHS AG >...,;.--J: -=-=,..-~.:~' --:-.~>~. ,:.:.> ,-<,--', .1:i;I~: SITE ~ C'~~ ~ ~ ,''''~ , ,~~c . -~ =:..n I--fD" i;9;:';:{ _,=~u - ....:,~s.::--:;'~ l-~ -.~::' == <:1,:$':'1',;;'":[: '::..~ F=-- ~- ,;:~~",~ -~~!i1 .J. ~~~ ~>:s~= ,~ ',-,~ '; ~; " - ".~' ...---""'-'=-,--- ~ ~ -~ '=f . "' - / :-;--=-.':..- .-/-~-- ,'~"'-< u dJR 1 AA n:: ~ - - =:-.' ':'::~~, =---. ~~~ r''"''~>'-'''~' ~----.,......---. ! ! i i I ~R1.i .,,1."":'" -"';'" 1 _~ '.-1 l,."~",, i~~r:&:'~ ,11,'-" -"'("Iiii~: J !~iPfiJ-i ' ,"'""= ~i!~~ II ---: / ,-".:...-._,,::,--:~ ~: i:~t;::.~::~(2-~: -""=~ .."'-.~""~.~-'~ : : J'~:'::,,':::::;~;':',',~~:~~~~~'7.6 ',1.,' ""1';11': "':" I,!I':'I:"~:! , ~',,' I L, ~i , ,.1 R1AAB ( ~ JW??NOAVF ~ :ii' " 'J ' , "-.c ". ~ "i, ,I ~ i Ii' I~ BAHIA WAY '~ o S SHA ~ ._ I . ,: " ~E:'c=r::;,'~ - - "-': ~---~ . . --<(-, I I I I , I , I I I II III SKETCH OF DESCRIPTION , NAU TICA BOULEVARD : TRACT'B". NAUTICA P.U.D. IPS 7~, PC. 170-175 P.B.C.R.) 1---------- " : ~ l 1 I I I I TRACT "S", NAUTICA P.U.D I IPS 7~, PG 170-175, P.S.C.R.) i: I II ~ P PBCR PB PC LB PSM CRB FPL R A L " It CrTY O~ eOYNTON BEACH 'AU" ~fACtl COUNTy, 'LORIO'" EXHIBIT "B" .:>::':~ ,."jC~~h~'~~,:<:CJ;:;;,~,! -..,/ "I I ~. . I) ..01.,,.- I i:> ~) ~ j.,. ,'i:'.\JGC .12 O:AS- ..-1', ?~..\ i L! '.I [ 0,,4.0;: ...0:: ~ Ci 3 27 ...I-___.i ~-, rR:.":-:- , ,~ I,~ /0 / ~ 200 G :;c,.:: ~'------=-' ~ I~ ,n GRAPHIC SCALE '0 '20 I i~ " > n ~ '" III r ~ RECREATjON TR~CT I :;1 ! I'" I'~;~T III~:' I Co -+- _ N''.) I IlloOG 1 ~~ , I I/I~!;, I TR...CT 1'1"';1--: nF" '::;0' 'I I 1/,1 I I Iii i )1 III ~" 'I lr I '> ~ I~ ~~~!.E~~.9y"~_E~~RD r p) II.~ -------H r-'Ci I' J(T1 - -r, i5/ " II ,~ ! I II i~1 III~I I III~, IIII-:j 1111 ' I 1'1 1 > I I ::giV1 :: ,1!I~i ~~," I 1118, en. 1-:;:-1<./1 I III~ ~o~ TRACT I ~I ;nzg 11'1 >- > hC" I ~:-'~ ! I i M ~i; III i ~~8 Ii ~~~~ 40.04' IA~:;;~ Sa'p8J'OS"W...---.I l,p,IoH.urIC_PuO \ PLA T PALM BEACH COUNTY RECORDS PLAT BOOK PAGE LICENSED BUSINESS PROFESSIONAL SURVEYOR AND MAPPER OFFICIAL RECORD BOOK FLORIDA POWER AND LICHT RADIUS ARC LENGTH DEL T A CENTERL I NE ~ > n ?L 6, T L 1.'.11 TS I I i I I ~ KEITH AND SCHNARS, P...\.. I ~~S to"" I ENCMERS - I'\.AMERS - SU~~EraRS I -- O5O:lH.li(Jl(ril"o{,f!.LIillRlAlf.f(.lJJOlaJ1l~vl~" SHEET NO. 2 OF 6 SHEETS JJ IDA TE 01-03-02 SCALE AS SHOWN f,ELD BK. N/' DWNG. BY LH.G. CHK. BY R.K.K. I DATE I REVISIONS DRAWING NO. 16~J7L- EXHIBIT "e" Conditions of Approval Project name: Nautica PUD Right-of-way Abandonment File number: ABAN 02-002 Reference: Abandon Nautica Boulevard right-oF.way DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None l. A utilities easement encompassing the entire Nautica Boulevard right-of-way X shall be dedicated to the City of Boynton Beach. This dedication shall occur prior to final recording of the abandonment. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERJENVIRONMENTALIST Conditions of Approval , - DEPARTMENTS INCLUDE REJECT Comments: None X PLANNING AND ZONING 0 To ensure the intended use and maintenance of abandoned right-of-way for X private access purposes. the appropriate documents(s) or plat shall be amended accordingly. 3. Project will require approval of Florida Power & Light and BellSouth X Telecommunications Inc. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 4. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 5. To be determined. S,\Plannlng\sHARED\WP\PROJECTS\NAUTICA\ABAN 02-002\COA.doc EXHIBIT "0" . FPL October 22, 2001 Sachs, Sax & Klein, PA Northern Trust Plaza Suite 4150 301 Yamato Road Boca Raton, Florida 33431 Attn, Michael A Rodriguez, Esq. RE: Application to AbandonNacate Nautica Boulevard Right-of-Way, Boynton Beach, Florida Dear Mr, Rodriguez: In reference to your letter dated October 16,2001 (see enclosed), FPL has no objection to the AbandonmenUVacating of Nautica Boulevard Right-of Way. This "no objection" is contingent upon as stated in your letter, once the right-of-way is conveyed to the Association, FPL road crossing facilities are protected either by easement or permit. if you require any further information or assistance, please do not hesitate to contact me at (561) 742- 2009. Sieo,.I" cC3 btt~ Customer Project Maf1ager 'In FPl Group r:nmp<tnv EXHIBIT "0" @ BELLSOUTH BeflSouth Telecommunications. Inc. ENGINEERING DEPT.. RM, 107 1011 SO MILITARY TRAIL WEST PALM BEACH, Fl 33415 October I, 200 [ Mr. Michael A. Rodriguez, Esq. Sachs, Sax & K[ein, P.A. Suite 4150 - Northern Trust Plaza 30[ Yamato Road P.O. Box 810037 Boca Raton, Florida 3348 [ RE: Application to AbandonNacate Nautica Boulevard Right-of-Way Boynton Beach, Florida Dear Mr. Rodriguez: BellSouth has facilities in this Right-of-Way. Therefore, we require 24 hour access [ingress egress regress] to this right-of-way. In addition, for exiting and future facilities we are granted the same rights to remain in or place future facilities in the right- of-way. If you have any questions please call me at 56[-439-9118. Yours truly, ~1{~ LFM:dn DEVELOPMP'T ORDER OF THE CITY COMMIS""ON OF THE C.. ( OF BOYNTON BEACH, FLORIL.. PROJECT NAME: Nautica Boulevard PUD Rigt-of-way Abandonment APPLICANT'S AGENT: Michael Rodriquez APPLICANT'S ADDRESS: 301 Yamato Road, Suite 4150 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 6,2002 TYPE OF RELIEF SOUGHT: Abandon Nautica Boulevard Right-of-way LOCATION OF PROPERTY: Nautica PUD DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 Applicant 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: City Clerk S:\Planning\SHAAED\WP\PAOJECTS\NAUTICA\ABAN 02-002\OO.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Deadline for Submittal to City P & D/CRA Requests Deadline Commission Meeting Clerk's Office Dates Au ust 20, 2002 DSe tember 3 2002 Se tember 17 2002 October 1 2002 DOctober 15 2002 November 6 2002 [8JNovember 19 2002 November 5, 2002 *Due to holiday on September 2nd Departments are responsible for securing the following si natures on attached A enda Re uest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. ., Exhibit "A' [8J --f'\\S'f2- Department Head's initials: Nautica Right-of-Way CABAN 02-002} 1st reading Please do not write in the shaded area below. Legal Department signature 0 City Manager's signature o ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other 0 Reason: Person contacted to pick up rejected request by (Date) on bg - 7/19/02 S:\Planning\Planning Templates\Agenda llemCOVER CHECKUST Aug 20.Nav 20, 2002.dac ~\1"Y~,,, ""'J'" o (J ~ .,. 'V"ON ,,~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetincr Dates in to Citv Clerk's Office Requested City Commission Meetin!! Dates Date Final Form Must be Turned in to City Clerk's Office o August 6, 2002 D August 20. 2002 o September 3. 2002 o September 17, 2002 July 17.2002 (5,00 p,m.) o October 1, 2002 D October 15. 2002 ~ November 6, 2002 r l November 19, 2002 September 16, 2002 (Noon) August 5. 2002 lNoon) September 30, 2002 (Noon) August 19,2002 (Noon) October 14, 2002 (Noon) September 3,2002 (8:00 a.m.) November 5, 2002 (Noon) NATURE OF AGENDA ITEM D Administrative D Consent Agenda j:gJ Public Hearing D Bids o Announcement D City Manager's Report D Development Plans D New Business D Legal D Unfinished Business o Presentation RECOMMENDATION: Please place this request on the November 6, 2002 City Commission Agenda under Public Hearing. The Planning and Development Board with a 5 to 2 vote. recommended that the subject request be approved, subject to staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-211. EXPLANATION: PROJECT: AGENT: Nautica Right-of-Way (ABAN 02-002) Michael Rodriguez, Esq. Sachs, Sax, & Klein. P.A. Nautica Homeowner's Association Nautica PUD at Lawrence Road Request for abandonment of the Nautica Boulevard right-of-way to be replaced by a dedicated access and utility easement in the Nautica PUD. OWNER: LOCATION: DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: N/A N/A N/A City Manager's Signature '^-.O ~ Planning and Zo i g Director City Attorney / Finance / Human Resources 'lanning\SHARED\WP\PROJECTS\NAUTICA\ABAN 02.002\Agenda Item Request Nautica Right-of-Way (ABAB 02-002) 11-6-02.dot '..LETIN\FORMSIAGENDA ITEM REQUEST FORM DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-211 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner DATE: October 3, 2002 SUBJECT: Nautica PUD Right-of-way Abandonment ABAN 02-002 NATURE OF REQUEST: This request to abandon a public right-of-way was submitted on May 15, 2002. The applicant, Michael A. Rodriguez, Esq. agent for Nautica Homeowners Association, is requesting to abandon the Nautica Boulevard right-of-way (Tract "B"). The abandonment will also include a small portion of the Bermuda Sound Way right-of-way. The plat shows that this portion of Bermuda Sound Way is a component ofTract "8". The entire right-of-way of Nautica Boulevard (including that small portion of Bermuda Sound Way) as shown on the survey will be converted to private road and the Home Owners Association will grant to the City, a utility easement over that roadway for utility and maintenance purposes. In addition, the portion of Nautica Boulevard that directly abuts the City park (Tract "0") will be coverted to a private roadway and granted to the City, both as a utilty easement and as an access easement. The attached Exhibit "B" shows the location of the applicant's property and includes a diagram of the specific rights-of-way to be abandoned. BACKGROUND: The 80-foot wide right-of-way (Tract "B") currently functions as the primary means of ingress / egress to the residents of Nautica PUD. The Home Owners Assocation of Nautica PUD has expressed future interest for possible roadway improvements (such as the installation of speed humps) as well as increased security measures (gated entranceways). Nautica Boulevard, a loop road, directly connects to Lawrence Road at two different points. ADJACENT USES: (see Exhibit "A" - Location Map) North: Nautica PUD Plat One, City of Boynton Beach Park (Tract "0") South: Nautica PUD Plat Two East: Lawrence Road right-of-way West: Nautica PUD (Recreation Tract) Page 2 Memorandum No. PZ 02-211 ABAN 02-002 ANALYSIS: If the abandonment is executed, both halves of the 80-foot wide right-of-way of Tract "B" would be deeded to the HOA, except for the half (40-feet) directly adjacent to Tract "0" (City park). This half (abutting the public park) would be owned by the City. However, the City would then Quit- Claim this half back to the HOA so that the HOA would maintain the right-of-way. Finally, the 80-foot wide right-of-way (only abutting Tract "0") will serve as a utility easement and also as an access easement. Converting Nautica Boulevard (Tract "B") to a utility easement will allow for service and emergency vehicles to access the roadways I utility infrastructure if the need arises. An access easement, however, would only allow the public to access the City park (when the park is developed). The HOA submitted the necessary documents to abandon the right-of-way and convert it to a utility easement I access easement. It is staff's understanding that the Homeowners Assocation (HOA) of Nautica PUD wants to convert the Nautica Boulevard right-of-way from a public road to a private road in order to facilitate possible future improvements within the right-of-way (such as gating the entranceways or installing speed humps). Any future consideration for gating one (1) or both of the development's main entrances or to install traffic calming devices would require separate staff review. This staff report neither addresses nor anlyzes the gating of the entranceways or the installation of traffic calming devices. If this abandonment is approved, a master plan modification to the Nautica PUD would be required should the HOA request these major types of improvements. With consent from staff, a private road within a residential subdivision, such as Nautica Boulevard, could be closed off to the public provided that fire and emergency ingress I egress is maintained. The following responses were received from the affected parties: CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Approval with conditions (see Exhibit "0") Approval with conditions (see Exhibit "0") No objection No objection N/A RECOMMENDATION: Staff recommends that this request to abandon the right-of-say be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional comments recommended by the Planning and Development Board or by the City Commission will be placed in the Conditions of Approval. xc: Central File S IPlanningISHAREO\WPIPROJECTSINAUTICA'ABAN 02.1102\Staff Report.doc Location Map Nautica Abandonment EXHIBIT "A" :r: ~ m ;;0 :r: r r ;;0 o (IJ ,-,,-. i8~;,,;'~;: -...--->---- , ~.-.--,--.-- ..~- "_~ ~=~c_'~i~,ir~,~~ ~ ',-"---:'h' . ,~.~-" ,----....,.......-....., ...-'-'::::")-- :;~l ,~JU D -~,~Q-'-" ' ',r I: I. , .~..,............~ ---_._-------: __I ---:~<-- .:3';:;:::-_....-;- .-::",-'-- ,'h .,..:~~.' 'rC= ~WdefrR~ "'~ ---~]rL=~L AG ;--l.. ~I r(Jl i ~{t~ ~_~d= '-.___r',- 1[11""""--'--'- ~v ~,' -G=';"- -~ ~-~ o _ -+~:--~-~ - ___'- -~' ~ ~ --==-=--=- ,'0..." ','';' NIC '-;:o-il-" '-~'C- 'iiF'-~"....J'- PUD -:-:,,E'- ' ,~_~ ; CEDA~.:.lN'j- , - .,~ .~-,"",'~-~., -,-':~-j,-'-'--:-~.- ~~~~ :!~~~:;:~'-. I ~-=','~~'~~~:iH' ~~;J~ .-..-" r--:-r---------.- "-:-I','i!Tc)''lJlO-:I.i'- h~.....tfo:ll'" ',., '" ?~" ,~~~".~:;;:~,':' !'.:........0,t:;:,',!'tfl~;"t: ~-_~~,!,'i:~~I~;t"E~m~ I -;;'~~ " 'eE ~ ,< IL,,:," t,,,,' ~'::':'-'::'l' ,.....,,, " ""~r i~" 3~~~.~LJ.L~:." I, ,-,',1,_' : I ::i], ,., .~~- ~-- i,: 'I~;::s~~i:i'-~~;~~ __\-'~I""II'-lii:;I-;,r.iTTTfJ1-:iI]:Trlu.lL"'" I -I, i ~li -.-."r! ," 11"~~~~~i ."'c:._ :~I,' " ' "~,!,,,rDL",I'5,'~,. ,an "'" F't;:, -- -' ~'~F:; fu..L-, ":~~< j _i---T~o",,"::::~ ~,""''7if-~ ~, --:~, FiP- -r-,-.' ,,>-.::-:::'----,--.:...--- -:":::;;-. ,~ -~::::-r' -----.'1 c..''iC'' ".:::: ,,,. .,i=: -~~;" _ . ~_L----,' GM~~- ~I( 'I,I:"~ -+~ ',--;R1AABI ili! / ,"-::: J\lW.22MaAVE.. - ,-;- --,--- ,,,ril' '-~ ,@ -j ---h---- ~ ~~_.-'-- , .......,. i' : I ~Alrllf' W.A.Y~ IS:- 1 -8 SHA , ,~.-,~I , +~ ;ilii,Tl,~! ~:::I_~~ '~:..:;...., c"i~i~~~~t?~~~~i ~di ~~~J~~g;:":~,I~ ' ~i'~~_~-c~i:~~_~~ ~. :1 1 . ,-,..1-_ - (/) F--~-=-~---t....:...-=- . --<(-, i-- --;;----=----------- :---- s",~o"O:~ '~-i! if! I I mACT '0 1I11 i 268. 7b' II I I S02003'27'~ 'I 1 I I WACr "c'~111 ,~ I --------- I It; ~.~. ..', I i~ I :4~/---- NB...UJ1~~~QiJ!,!: V_AB..o_~tL__~_H t--1~ I A / 'I 'C" I t~Ai:~" r"- ~ II : I :~ 1 200 0 200 i /'8"7 III j~ I ~ ---.-I /1/ r 1111 ;'E I GRAPHIC SCALE /J ! !V I III ,~ I TRACT "B", NAUTICA P.U.D II! I -, : ill 1 [IPB 7~, PG 170-175, P.B.C.R.) 1 > III I II i I ; I II -.A ' 6 r I III I Topl"C N I! I I I ~AN"tf"'( , ! Ilill I Iii I I 111I1 I ! i II I T~~CT I 11181 I I II I --r n I ~~ I i II I I I;, I~i: 1 I II I TRAC r I III--;I~ I RECREATION TRACT \ ~ I -F" I~; I J \ ~ I II11 i I , L I I III I I /-/- ",,5'1",1\ ~'" / I III ~ I ..-:; ?;.~.., ''-, ""-- L ) I I~ ) ~ /.60~ '... _.J I:E ,..,; S .......-----~~~~~~OULEVARD (p) II,~ 1..-:; -----------Ht--li!i .....;; I~ " ,co \ "I I~ \ I ,- I111 je' I Illml I Ilil2;; I 1111':; I ~ I III i I ::: 1 Illv'l ~ I r I 111;0, ~~ I ~ I olofT1rn III~' co> _!-<--;Vl I I 111':;j ~~: [TRACT I III >" ;; -;; "G" I zu;u I II I';ii';;: L I' ~'" -:-- II i~~8 I y~~~ LlQ.04' --//A~:;;~ S89083 '05 "\'I ---.I l,P>I'lliUTlCiPUl} EXHIBIT "B" NORTHEA~T CORNER SECTION I j, TOWNSHIP 45 'Y! SOU I H, RANG[ '12 ~AST A ?LAT LIMITS , G601. 02' ~:-. ::;0:'''03' n "w------J SKETCH OF DESCRIPTION NAUTICA BOULEVARD TRACT "B". NAUTICA P.U.D. IPB 7~, PC. 170-175 P.B.C.R.) LEGEND l' PBCR PB PG LB PSM ORB FPL R A L 6 Ii.. CITY 0, BOYNTONB(ACH l'AlIA ll(A(f-I COUNTY, FLORIDA ~- PLAT PALM BEACH COUNTY RECORDS PLAT BOOK PAGE LICENSED BUSINESS PROFESSIONAL SURVEYOR AND MAPPER OFFICIAL RECORD BOOK FLORIDA POWER AND LIGHT RADIUS ARC LENGTH DELT A CENTERLINE PLAT L 1M] TS DA TE OI-OJ-02 DATE SCALE AS SHOWN FIELD BK. Nil DWNG. BY T.H.G, CHK. BY R.K.K.. REVISIONS ~ KEITH AND SCHNARS, P.A. ~ LBI3Jl ~ -=- ~R~~~~rl:L~~Rf~.~u:~~~~~." SHEETNO.~OF 6 suEUS DRAWING NO. 169J7L- EXHIBIT "e" Conditions of Approval Project name: Nautica PUD Right-of-way Abandonment File number: ABAN 02-002 Reference: Abandon Nautica Boulevard right-of-way I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None 1. A utilities easement encompassing the entire Nautica Boulevard right-of-way X shall be dedicated to the City of Boynton Beach. This dedication shall occur orior to final recording of the abandonment. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PLANNING AND ZONING 2. To ensure the intended use and maintenance of abandoned right-of-way for X private access purposes, the appropriate documents(s) or plat shall be amended accordingly. 3. Project will require approval of Florida Power & Light and BellSouth X Telecommunications Inc. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 4. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 5. To be determined. S-\Planning\sHARED\WP\PROJECTS\NAUTICA\ABAN Q2-002\COA.doc EXHIBIT "0" . FPL October 22, 2001 Sachs, Sax & Klein, PA Northern Trust Plaza Suite 4150 301 Yamato Road Boca Raton, Florida 33431 Attn' Michael A. Rodriguez, Esq. RE: Application to AbandonNacate Nautica Boulevard Right-of-Way, Boynton Beach, Florida Dear Mr, Rodriguez: In reference to your letter dated October 16, 2001 (see enclosed), FPL has no objection to the Abandonment/Vacating of Nautica Boulevard Right-of Way. This "no objection" is contingent upon as stated in your letter, once the right-of-way is conveyed to the Association, FPL road crossing facilities are protected either by easement or permit. If you require any further information or assistance, please do not hesitate to contact me at (561) 742- 2009, Sincerely, b" Customer Project Mal1ager an FPl GrOUfl company EXHIBIT "0" @ BELLSOUTH BellSouth Telecommunications, Jnc. ENGINEERING DEPT.. RM. 107 2021 SO, MILITARY TRAIL WEST PALM BEACH, FL 33415 October I, 2001 Mr. Michael A. Rodriguez, Esq. Sachs, Sax & Klein, P.A. Suite 4150 - Northern Trust Plaza 301 Yamato Road P.O. Box 810037 Boca Raton, Florida 33481 RE: Application to AbandonNacate Nautica Boulevard Right-of-Way Boynton Beach, Florida Dear Mr. Rodriguez: BellSouth has facilities in this Right-of-Way. Therefore, we require 24 hour access [ingress egress regress] to this right-of-way. In addition, for exiting and future facilities we are granted the same rights to remain in or place future facilities in the right- of-way. If you have any questions please call me at 561-439-9118. Yours truly, ~~~ LFM:dn DEVELOPMr T ORDER OF THE CITY COMMIS' ,)N OF THE CII'Y OF BOYNTON BEACH, FLORlul-\ PROJECT NAME: Nautica Boulevard PUD Rigt-of-way Abandonment APPLICANT'S AGENT: Michael Rodriquez APPLICANT'S ADDRESS: 301 Yamato Road, Suite 4150 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 6, 2002 TYPE OF RELIEF SOUGHT: Abandon Nautica Boulevard Right-of-way LOCATION OF PROPERTY: Nautica PUD DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 Applicant 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: City Clerk S:\Planning\SHARED\WP\PROJ ECTS\NAUTICA\ABAN 02-Q02\DO.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one copy of aaenda reauest (with back up) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Deadline for Submittal to City P & DjCRA Requests Deadline Commission Meeting Clerk's Office Dates DAu ust 20, 2002 DSe tember 3, 2002 DSe tember 17, 2002 DOctober 1, 2002 DOctober 15, 2002 ~November 6, 2002 DNovember 19, 2002 November S, 2002 *Due to holiday on September 2nd Departments are responsible for securing the following si natures on attached A enda Re uest Form: De artment Head 0 Wilfred Hawkins for de artments under Administrative Services 0 Finance De artment for items that involve ex enditure of funds 0 All back u material is attached ~ All exhibits are attached & marked e. ., Exhibit "A' ~ ,:"0'( vF- Department Head's initials: Nautica Right-of-Way (ABAN 02-002) Please do not write in the shaded area below. Legal Department signature 0 City Manager's signature o ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other 0 Reason: Person contacted to pick up rejected request by (Date) on bg . 7/19/02 S:\Planning\Plannlng Templates\Agenda ItemCOVER CHECKLIST Aug 20-Nov 20. 2002.doc NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board will conduct a PUBLIC HEARING at the CITY HALL, COMMISSION CHAMBERS, on Tuesday October 22, 2002 at 7 p.m.. The City Commission of the CITY OF BOYNTON BEACH, FLORIDA, will also hold a public hearing at CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA, on Tuesday, November 6,2002, at 6:30 p.m., or as soon thereafter as the agenda permits, to consider a right-of-way abandonment in favor of a utility easement submitted by Michael A. Rodriguez, Esq. agent for Nautica Homeowners Association, more particularly described as follows: That portion of Tract "B" (Nautica Boulevard) - Nautica P.U.D. -Plat One, according to the Plat thereof, as recorded in Plat Book 74, Pages 170 through 175 of the public records of Palm Beach County, Florida, lying in Section 13, Township 45 South, Range 42 East: said lands lying in the City Of Boynton Beach, Palm Beach County, Florida, and containing 190,260 square feet (4.37 acres), more or less. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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 Patricia Tucker (561) 742- 6268, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: The Post October 8, 2002 S. '-PI an n,n g\SHAR EDI W P\PROJECTS\N AUTICA\ABAN 02 -002\lEG AlNQ T -aoan. coc