REVIEW COMMENTS
6.A.l
BOYNTON COMMERCE CENTER
(ABAN 03-009)
ABANDONMENT
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-200
FROM:
Chairman and Members
Planning and Development Board
r/\ \':?-
Michael W. Rumpf\ \
Planning and Zoning Director
Maxime Ducoste-Amedee ~
Planner
TO:
THRU:
DATE: August 18, 2003
SUBJECT: BOYNTON COMMERCE CENTER Lot 3B (ABAN 03-009).
Abandonment of a portion of an existing Ingress / Egress and Utility Easement, Being a portion of
Parcel 3B, BOYNTON COMMERCE CENTER.
NATURE OF REQUEST
The agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting
to abandon a portion of an existing Ingress / Egress Utility Easement, located on the north portion of Parcel 3B in
the Boynton Commerce Center PID. This request was submitted on May 5, 2003. It is described as follows:
A portion of an existing Ingress / Egress and Utility Easement, Being a portion of Parcel 3B,
BOYNTON COMMERCE CENTER according to the Plat thereof, as recorded in Plat Book 46,
Pages 126 and 127, in the Public Records of Palm Beach County, Florida.
The location map attached as Exhibit "A" shows the general vicinity of the easement to be abandoned. The
attached Exhibit "B"- shows the location of the proposed abandonment on the subject property and includes a
detailed location of the easement to be abandoned and its legal description.
The following is a description of the zoning districts and land uses of the properties that surround the subject
request.
North -
Deveioped retail commercial use (Lowe's) zoned C-3 and farther north is right-of-way for
Woolbright Road and developed commercial properties zoned C-3;
South
Parcel 3-C of Boynton Commerce Center, PID, industrial uses, zoned PID;
East
Right-of-way for S.A.L. Railway and father east is right-of-way for Interstate 95; and
West -
Right-of-way for Corporate Drive then Parcel 3-H of Boynton Commerce Center, PID,
used for parking and zoned PID, and farther west is right-of-way for L.W.D.o. E-4 Canal.
BACKGROUND
On June 2, 1998, the City approved the master plan for the Boynton Commerce Center Planned Industriai District
(P.I.D.). A 65-footwide easement, which runs east to west, currently functions as a means of ingress / egress to the
Parcel3A (Lowe's) and the subject parcel (Parcel 3B). The south portion of this 65-foot wide easement is located
on Parcel 3B and functions as a roadway swale and drainage retention. The applicant has the intention of vacating
the southern portion of the existing 65-foot ingress/egress and utility easement, which represents approximately
Page 2
Memorandum No. PZ 03-200
ABAN 03-009
thirty (30) feet to facilitate the development of an industrial project (see Exhibit "C"- Boynton Commerce Center Lot
3B Site Plan). This reduction would not reduce the width of the actual driveway, but simply remove from the
easement, in part, that portion to be occupied by parking areas for the subject project. Once this easement is
vacated, this area will be used for parking area for the proposed site plan. A new six-foot (6) wide utility easement
will be dedicated to Bellsouth for their underground conduit.
ANALYSIS
Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abutthe easement
to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper.
A summary of the responses from the utility companies and city staff is as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works/Utilities
Planning and Zoning
Approval with conditions (See Exhibit - "0")
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Com cast)
No objection
No objection
No objection
No objection
N/A
RECOMMENDATION
Staff recommends that this request to abandon a portion of the existing ingress /egress utility easement as
described above, be approved, subject to the comments included in Exhibit "0" - Conditions of Approval. Any
conditions required by the Planning and Development Board and the Commission will be placed in Exhibit "0" -
Conditions of Approval.
xc: Central File
s:\ Plannlng\SHARED\WPIPROJECTS\Boynton Commerce Clr\ Boynton Commerce elr lot 3B\ABAN 03-009\slaff report.doc
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REVISIONS
A VIR OM & ASSOCIA TES. INC.
SURVEYING & MAPPING
60 S.W. 2ND AVENUE. SUITE 102
BOCA RATON. FLORIDA 33432
TEL (6811 392-21594. FAX (15811 394-7126
@2003 AVlROM & ASSOQATES. INC. ALl. RIGHTS RESERVED.
JOB N0.4109-40
SCALE: NOT TO SCALE
DATE: 05/05/03
DRAWN BY: C.L.P.
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A f'lP'O'3ED NJUSTl1lAL IU..llKl ~
LEVlTI COMMERCIAL
BOYNTON COI.IMEIlCE CEN113\ PAflCB- 3D
ICI'l'II1t'It4 -...at A..Cl'P' rAUl IEIrICH ccum
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EXHIBIT "D"
Conditions of Approval
Project name: Boynton Commerce Center Lot 3B
File number ABAN 03.009
I DEPARTMENTS I INCLUDE ! REJECT !
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments:
I. The approved site plan will return for minor modifications to adjust some
of the parking spaces, where feasible, to increase the backup space
dimensions where abutting the access easement on the north side of the
structure.
2. The applicant's engineer shall prepare a traffic-calming program targeted
to slowing down the inbound service trucks speed as they approach the
auto parking spaces, which back into the ingress/egress easement.
3. Additionally, the applicant and developer shall commit to making sure all
existing utilities will be provided adequate easements.
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: None
PRIVATE UTILITIES
Comments:
4. Adelnhia: None.
5. Florida Power & Light: None.
6. Florida Public Utilities Company: None.
7. Bellsouth: None
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S-\PlanningISHAREDlWP\PROJECTS\Boynton Commerce Clrl Boynton Commerce Clr Lot 3B\ABAN 03-009\COA.doc
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ON
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 03-126
TO: Maxime Ducoste-Amedee, Planner
Planning & Zoning Division
FROM: H. David Kelley, Jr., PE/PSM'~
City Engineer .
DATE: June 18,2003
SUBJECT: Boynton Commerce Center - Lot 3B
Four (4) Applications _1st Review
This memorandum is in response to your initial memorandum dated May 29, 2003 on the above noted
subject, augmented by verbal conversations on June 12'h and this date. We will respond to each
application individually, based on the packet presented initially. To begin with, the Special Warranty
Deed (as recorded in ORB 10269, Pg. 1510 & 1511) encompasses the Parcel 3B and a portion of Parcel
3H (across the entrance roadway parking area), and provides for the ingress and egress easement to the
property from Woolbright Road (via Corporate Drive). This identifies the parcel to which the
application(s) are applicable.
FP&L Easement thru Nl/2 of Sec. 32. T45S. R43E. C. -;. - !:::.
This is an FP&L transmission easement that runs through Boynton Commerce Center from Woolbright
Road to Golf Road. I believe that this transmission line has been re-routed parallel to the L WDD E-4
Canal right-of-way along the west side of this Center.
This Division approves the application to abandon this utility easement.
Realie:nment of Access Roadwav between Parcels 3B and 3C.
QY, -0-:.:
A letter was sent to the applicant's agent (Winston Lee & Associates, Inc.) on May 12'h in regards to a
plat waiver request. A copy of this letter was sent to both Mike Rumpf and Eric Johnson. This letter
incorporated certain provisos, specifically the modification of those portions of the 65- foot ingress, egress
and utility easements as noted on the survey that would require realignment at the westerly end
connection to Corporate Drive, and the deletion of that portion of the 12-foot FP&L easement extending
into the southwest comer of the property.
The applicant has elected to abandon the entire Ingress & Egress Easement between the two (2) parcels
and replace it with a new Ingress and Egress Easement centered on the current property line between the
same two (2) parcels. These two (2) actions must go together.
Public Works DepartmentlEnglh..:ering Division Memorandum No. 03-1_J
Re: Boynton Commerce Center, Lot 3B - Four Applications, I st Review
June 18, 2003
Page 2
In regards to the abandorunent portion of the application, this Division approves the action. In regards to
the replacement easement, this Division will approve a 50-foot easement, not the 49-foot description
survey submitted. We have relayed this condition to the applicant's agent (Jodi Brinkman) via telephone.
A new proposed replacement easement must be submitted for confirmation and validation prior to our
"stamp of approval".
Reduction of Roadwav Easement Width between Parcels 3A (Lowe's) and 3B.
(d ''?:- - /::11
This Division totally denies this application. It reduces roadway swale and drainage retention and would
allow Parcel 3B to construct closer to the roadway than normally permitted. This is unacceptable in both
principle and practice.
Utilities Department Utility Easement alone south side of Parcel 3B.
:: ::,
This Division approves this application, subject to the proviso that the Utilities Department concurs. We
believe that this is a monitoring well easement for the supply well field located around the perimeter of
the Boynton Commerce Center complex. Mr. Peter Mazzella, Deputy Utilities Director, should be
contacted for this confirmation.
However, we believe that the survey description is in error, specific,ally that the commencing courses to
the Point of Beginning do not match the parcel survey. This needs to be corrected and agreed to prior to
any forwarding of supporting documentation to the City Commission.
If you have any questions regarding these matters, please advise this office.
HDK/ck
xc: Jeff Livergood, PE, Director of Public Works
Laurinda Logan, PE, Sr. Engineer
Mike Rumpf, Director ofP & Z Division
File
S:\Engineenng\Kribs\Boynton Commerce elr - Lot 38 (4 applications) 1st Review.doc