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
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LEVITT COMMERCIAL
BOYNTON cat EFICE c::EN1"e, PAflCEl3B
ICJ'!MI'Qt Mldt A.I:IP' r.tLW IMCH 0CIlIITY
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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
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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;,#';<.)
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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.
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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