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REVIEW COMMENTS 7.B.2 BOYNTON COMMERCE CENTER (ABAN 03-007) ABANDONMENT DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-174 TO: Chairman and Members Planning and Development Board 'l(J~~ Michael W. Rumpf Planning and Zoning Director THRU: FROM: Maxime Ducoste-Amedee,.A...A- Planner q V'" DATE: July 15, 2003 BOYNTON COMMERCE CENTER Lot 3B (ABAN 03-007) Abandonment of a Florida Power and Light easement that runs through the north % of Section 32, Township 45 South, Range 43 West, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage District Canal E-4. SUBJECT: NATURE OF REQUEST The agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting to abandon a Florida Power and Light easement that runs through the north Y2 of Section 32, Township 45 South, Range 43 West, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage District Canal E-4. This request was submitted on May 5, 2003. It is described as follows: The north Y2 of Section 32, Township 45 South, Range 43 West, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage District E-4 Canal SUBJECT to restrictions, reservations and easements of record, 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 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.D. E-4 Canal. BACKGROUND On June 2, 1998, the City approved the master plan for the Boynton Commerce Center Planned Industrial District (P.I.D.). A Florida Power and Light easement, which runs through the Boynton Commerce Center from Woolbright Road to Golf Road. This easement, which has no width, was intended to support an overhead FP&L transmission line. FP&L has indicated this easement affects no existing FP&L facilities. The applicant has the intention of Page 2 Memorandum No. PZ 03-174 ABAN 03-007 vacating the easement to facilitate the development of the last remaining lot in this PID (see Exhibit "C"- Boynton Commerce Center Lot 3B Site Plan). Staff understands that this transmission line has been re-routed parallel to the LWDD E-4 Canal right-of-way along the west side of the Boynton Beach Commerce Center. 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 No objection 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 the existing Florida Power and Light 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:\ Planning\SHARED\WP\PROJECTS\Boynton Commerce Clr\ Boynton Commerce elr Lot JBIABAN 03-007\staff report.doc Location Map BOYNTON BEACH COMMERCE CENTER LOT 3 B EXHIBIT "A" Ii 111111111 11i IH II 'M I. 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EXHIBIT "D" Conditions of Approval Project name: Boynton Commerce Center Lot 3B File number: ABAN 03-007 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERlENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: None Conditions of Approval ry - DEPARTMENTS INCLUDE REJECT PRIVATE UTILITIES Comments: 1. Adelphia: None. 2. Florida Power & Light: None. 3. Florida Public Utilities Company: None. 4. BeIIsouth: None. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PAOJECTS\Boynton Commerce Ctr\ Boynton Commerce C1r Lot 3B\ABAN OJ.OO7\COA.doc J~_\.' '0)" o ,.... /, ).-/); ~'V r() N 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 _151 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 lth 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 Parcel3B 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 N1I2 of Sec. 32. T45S. R43E. C,;' - 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. Reali!!nment of Access Roadwav between Parcels 3B and 3C. 0.".5 - ;J:<7 A letter was sent to the applicant's agent (Winston Lee & Associates, Inc.) on May 12th 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 Easemeut Width between Parcels 3A (Lowe's) and 38. ( .~.. /'t;,#';<.) -" """ '" 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 along 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:\Engineermg\Kribs\Boynton Commerce Ctr. - Lot 3B (4 applications) 1st Review.doc