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REVIEW COMMENTS 7.B.3 BOYNTON COMMERCE CENTER (ABAN 03-008) ABANDONMENT DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-175 TO: Chairman and Members Planning and Development Board Michael W. Rumpf n~ Planning and Zoning Director THRU: FROM: Maxime Ducoste-Amedee Planner ~, DATE: July 15, 2003 SUBJECT: BOYNTON COMMERCE CENTER Lot 3B (ABAN 03-00S), Abandonment of a portion of a Utility (water) Easement. 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 a Utility easement, which lies on a 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 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 - Developed 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 is Parcel 3-H of Boynton Commerce Center, PID, used for parking and zoned PID, and then farther west is right-of-way for L.W.D.D. E-4 Canal. BACKGROUND On June 2, 1995, the City approved the master plan for the Boynton Commerce Center Planned Industrial District (P .I.D.), An existing utility easement is located on Lot 3B. This easement supports a monitoring well for the supply well field located around the perimeter of the Boynton Commerce Center PID. There currently exist a fire hydrant located within this easement. The applicant has the intention of vacating the easement relocating the fire hydrant as part of the concurrent site plan (see Exhibit "C"- Boynton Commerce Center Lot 3B Site Plan). The relocation will Page 2 Memorandum No, PZ 03-175 ABAN 03-008 include the water lines to be dedicated to the City. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the 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 No objection Approval with conditions (See Exhibit "0") Approval with conditions (See Exhibit "0") PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection No objection No objection No objection N/A RECOMMENDATION Staff recommends that this request to abandon the existing utility (water) 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 5:\ Planning\sHARED\WP\PROJECTS\Boynton Commerce Clr\ Boynton Commerce Ctr Lot 3B\ABAN 03-00B\5laff report.doc '\ I g; ""'\ ~ ' C/J/ / lEI / \ <<I .. -I; \ I, Y'~ / 1 " / /f- I~ (PU.... Location Map BOYNTON BEACH COMMERCE CENTER LOT 3 B II I 1II1 I I I I )1 'yt::.\ 'w _=1 ! _ _- ~~~~ n PCD == - ~~-~' ~, ; == _e-- ~ I I -- I L< -- [ ., -) " I I I I ~ - I "'~~, , ,~... <<TU A\/'" " '---/...-~ II R3 \1, l ~'). ~--:! ' Ii ~: C11 I C3~! , I Ilf--L" Iii I / /// I in '/; 1- -----____________ II I -,-,L~ (:\LU J = 0 I, ,\ ' If--- == r:~~ )SITE) \:/"N-......j _ ' / , l \ 'v.:<:<;"I~;~ - 0 I. X',)<\~-,.-;: ,<^, = R 111l ~ V/~:;;"~'~>::>Y,~;'" = I VI' ~ Lp~," /, ,...;>?.:'.;\'$(' , ::j / j <~<~ "\ /~ >-;-/,<.;" t;J Y", \/\ /,\,- X '~ <,<\ ~y \, \'(>::::;'< ; y~:( " , // r j ,y'/:);< "/ ',\ \'::_// ',,/~ ~ 1J:1!, ... x, )...---, '. ,.-'\,',' ,'", ,,', ,<" " ,..] -<, 'x' " , ';{ --\ \.\, ;;j '>:\, '><: ,~x,/>): '>'.<; /@Of \' ,'\, >,', "'" \ / 1\\ ",~ ~ ,;./ , . / '><(- ,x, -.- €i' ,\>~ '/;:, "\'" \ YI'" /' ',' ."',' V I ""\ ;< 'V" I- ,',;,'\ "'. "\ \'>(-:-- , I I '/ y, Y\ / l-~, I- lJ'W ~ T I 1,1--'- _ Y -b,\Ih".",\~^.} \ i II f' ~ '" III dn III \ o I ~~I 'nn ,c" f j iii I '/ /, ' ffi0 " / I 'IIIII!! 1- , 11 I:, I -1t11 I - . EXHIBIT "A" \ \ \ -I \u ,/\ I L " -- A wY' s P.D.C. 5, w. CORNER PARCEL 38 WEST LINE OF PARCEL 3C PARCEL 3C SKETCH & DESCRIPllON WA TER EASEMENT BOYNTON COMMERCE CENTER PLAT BOOK 46, PG. 126 & 127 CORPORA TE DRIVE PARCEL 3H N02"21 '32"E 56,54' , PARCEL 38 AVIROM&ASSOCIATES. INC. SURVEYING & MAPPING 150 S.W. 2ND AVENUE. SUITE 102 BOCA RATON. FLORIDA 33432 TEL. (1581) 382-21584. FAX (1581> 384-71215 @2001 AV1ROM &: ASSOCIATES. INC. ALL RIGHTS RESERVED. 6=03"05'21 " R=525. 00' L=28.30' EXHIBIT "B" ~ SCALE: '''=20' WEST LINE OF PARCEL 38 J 01 ."'1"- "'co ~Ic:i ii5\CO (r)~ ,<v<( ,(]/ Cl/~ ~G / ,,'" 'D / r'\) ~ lu{ , I co -"'1"- ~I::: Cx:J1"1' OJ ~ P.D.B. (r)1 I N88'32 '20 ''W 12.00' JOB #4109-30 DATE: 03/22/01 SHEET 2 OF 2 - -- 1'''111 i li'l! !Pjll! IIi ,; llil' II " hil !l'ii,' 'i!" ' "' Ii'! , .' II ,pi I:, :. !Ih "Iii 'I' ~;~~ l~ ., . . l i ill! lj I ' . I iO~ - nd !;1 h.1 ..~:r( I'" I, .... , 1" " , .1 ,. I , ,. !,ii !l ;; iI Ii Ii , . !I ill! i'lm !m ; 'ii' i' ,I .... ' . " , 1! WI' ';i i! H.l ~~;q ~ t ( ~ "hl"ll .... ,... ~.~.,H~~~ 'II' '.I 1[( "I i! - .,1- l" ..~ ,,~ 1~ .~ ..~ .~ h- loa . .:1> I ..!.. ! ! ! ' Ii i ; I'~~~ ~~q~ , !. !! I" "'I' ! ~af I ; Idl! i I , I .n f 'I" H! ~! n , , 111'1; l!l H i ~ I ~,' I 1\ ~ I 0 .. . Ii, ! P Ii ' I ! i ili i i :1; !I!! 1'1 !!j' ,Wllll 'I'WI~'II'" , I'" ,,~ '1111'1 , " I I., ,ill! i iI-,- 11 z 'I! E'I'l 11ll!l! i>ishu;, . " I 1,- I'i "'Ilil"""l I: i,l! P11,l!i \1.1.li','11 z I" i'll! l.ll'! "I!:'" 'I ~ ,; Lil h';I:! 'Illll'll :1 'II' 1,llU' I'll!, II Ii!: illlli Ilfl!!'I:! !llllll.! 1. llli III,:! " I" ".... <'.1.11' ill! !l,IIi! l!!!ln!il ; I.' !",l l,l'i'll li ili'!' I '''1 '" '! . ~ - - - ifI' - ~ ..! 'i. .. Iii ;! i n= I~ I !} )1: i ~ l o . i! I 8 dl ~ i i i -_ 'L-- I' ;~iiil z Ii: ii EXHIBIT "e" . , , I .' I " ~ .'. 'e. :.) ~ ')1: :~ ~ ~r il> , \z ! l~l / "'- I, l~'i "! I. !6J I II I A PfP'OSED KlU8'1ltAL BLt..DN:l FOIl' LEVITT COMMERCIAL BOYNTON COIAIAEIlCE CENTB\ PAflCEL 3B IIO'lNltlI( Il5IrOl. ~ ,...... EIrICH o:um' EXHIBIT "D" Conditions of Approval Project name: Boynton Commerce Center Lot 3B File number: ABAN 03-008 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: I. This division approves this application, subject to the proviso that the Utilities Department concurs, The applicant should contact the Utilities Department regarding the supply well field and obtain approval. PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIV1SION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: This approval is contingent upon obtaining approval of this abandonment request from the Utilities Department. PRIVATE UTILITIES Comments: 2, Adelphia: None, 3, Florida Power & Light: None. 4, Florida Public Utilities Company: None, 5, Bellsouth: None, ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: I. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: I. To be determined. S'\Planning\SHARED\WP\PROJECTS\Boynton Commerce C1r\ Boynton Commerce Ctr Lot 3B\ABAN 03-008\COA.doc .. ~~\'Y'.()~ 227 <p, ~ o u )- ". iV, 0"v 0;-.1 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 03-126 FROM: Maxime Ducoste-Amedee, Planner Planning & Zoning Division H. David Kelley, Jr., PEIPSM ,& City Engineer ' TO: DATE: June 18, 2003 SUBJECT: Boynton Commerce Center - Lot 3B Four (4) Applications - 1 st 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. (:, ,::;. 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. Realil!:nment of Access Roadwav between Parcels 3B and 3C. I)::; - :):J'~ , . 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 l2-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 Department/Engineering Division Memorandum No. 03-126 Re: Boynton Commerce Center, Lot 3B - Four Applications, 1 st Review June 18, 2003 Page 2 In regards to the abandonment 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. (~-tJt)~) 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 alonl! south side of Parcel3B. ,., -' .,,""" .',. - ..>.. -:-. 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:\Engineering\Kribs\Boynton Commerce Or - Lot 3B (4 applications) 1st Review.doc