REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-207
TO: Chairman and Members
Community Redevelopment Agency
THRU: Michael W. Rumpfl<\w-
Planning and Zoning Director
FROM: Eric Lee Johnson, AICP
Planner
DATE: August 28, 2003
SUBJECT: Harbors Abandonment (ABAN 03-004).
Abandonment of an existing lS-foot wide utility easement
NATURE OF REOUEST
Gregory Mire of Keith & Associates, Incorporated, is requesting to abandon the lS-foot wide utility easement
located on a 3,2-acre lot. This request to abandon the utility easement was submitted on May 16, 2003, It is
described as follows:
That portion of LOT 6 SAM BROWN Jr.'s HYPOLUXO SUBDIVISION to the City Of Boynton Beach,
Palm Beach County, Florida, according to the Plat thereof on file in the office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 81; less the right-of'way
for State Road 5 (U.S. Highway No.1) described as follows:
A 15 foot STRIP OF LAND whose center line is commencing at that a point on the North Property
Line that is a distance of 786,97 feet east of the Florida East Coast Railroad right-of-way; said point
being the SE corner of Lot 12, LAS PALMAS PARK subdivision, Boynton Beach, Florida, according to
the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 25, Page 242. Said 15 foot strip of land extends south to the sought
property line to a point that is a distance of 804.19 feet east of the Florida East Coast Railway Right-
of-way.
The location map attached as Exhibit "A" shows the general vicinity of the utility easement to be abandoned, The
attached Exhibit "B"- shows the precise limits of the existing utility easement to be abandoned.
The following is a description of the zoning districts and land uses of the properties that surround the subject
request.
North -
To the northeast, are developed (Las Palmas) single-family homes with a Low Density
Residential (LDR) land use designation, zoned R-1-AA Single-Family Residential. To the
northwest is developed commercial (gas station) with a Local Retail Commercial (LRC)
land use designation, zoned Community Commercial (C-3);
South -
Intracoastal Park (under construction) with a Recreation (R) land use designation, zoned
Recreation (REC);
Page 2
Memorandum No. PZ 03,207
ABAN 03,004
East
Right-oF-way for the Intracoastal Waterway; and
West -
Rights'of-way for Federal Highway (U.S. No.1) and the Florida East Coast Railroad, still
farther west is developed commercial property with a Local Retail Commercial (LRC) land
use designation, zoned Neighborhood Commercial (C-2).
BACKGROUND
The subject property is a long rectangular-shaped lot located on the east side of Federal Highway, perpendicular to
Gateway Boulevard. The parcel was previously developed with a restaurant / nightclub (a.k.a. Cafe La Note,
Shooters, Bay Club), tiki bar, docks, and respective parking areas. However, the property ownership changed, the
nightclub was razed, and Centex Homes was approved for a site plan (NWSP 02,012) to build 51 fee-simple
townhouse units on the 3.2-acres lot. Centex's site plan was approved on October 15, 2002. The accompanying
land use amendment / rezoning application (LUAR 02-005) and corresponding master plan was approved a month
later, on November 19, 2002. All site development is to occur in one phase,
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
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Approval with conditions (see Exhibit "C" - Conditions of
Approval)
No objection
No objection
No objection
N/A
Bell South
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
According to the Engineering Division of Public Works, the applicant has already rededicated utility easements
elsewhere on the subject property in order to provide sanitary sewer coverage. This information is reflected on the
new plat. The presence of this utility easement represents the last obstacle to the developer to develop buildings
on the site. No building permits can be issued until this easement is abandoned.
RECOMMENDATION
Staff recommends approval of this request to abandon the 1S'foot wide utility easement contingent upon satisfying
all comments in the conditions of approval. Any additional conditions required by the Community Redevelopment
Agency and / or the City Commission will be placed in Exhibit "c" , Conditions of Approval.
xc: Central File
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OPTION uF LOT 0. consult:1n9 engineers SCALE 1"-=30' ,
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POMPANO BEACH, FLORIDA .13060-6543 FIELD BK 189-2
1lUX1J SUBDIVISION. (954) 788-3400 FAX (954) 7B8-3500
1. PC 81, P.B.C.R. DVNG. ~
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DESCRIPTION:
Thot portiurI of LOT 6 SAM BROWN Jr's
HYPOLUXO SUBDIVISION to the City of
Ooynton Reuch, Palm Bear.h County, Florida,
uccording If) the Plat thereof on file in the
01 ficl': of the Clerk of the Circuit Court in
and (nl Palrn Beach County, Florida, in Plat
Book 1, Page 81, less the right-of-way for
Stote Road r, (U S, Highway No, 1) described
as follows:
A 15 foot STf~IP OF LAND whose center line
is corlllllerlcillq at that u point on the North
PI upcr ty Line that is a distance of 786 97
feel e'Jst (,f the Florida East Coast Railroad
ri(~hl-,)f-w(1'.'; said point beinq the SE
corner rJf Lot 1~, LAS PALMAS PARf\
subdivision, [10'illton Beach, Florida,
'Jccor dillg to tl.r~ plot thereof on file ill the
Offiu: uf the (_Ir:r'k uf the Circuit Court in
ofl(i fnr Palrn U,'och County, Florida,
rp.cordpd in f'1(li Book 25, Page 242. Said
1"', foc ,I srtip ,',j !rmd extends south to the
s()ur~hl propelly 1:118 tu u point that is a
distance or 011'1 1,1 feet east of the Florida
East (:uast t<'iJiI',pc;y Right-of way.
SIJbjel l to c.i,;ti'I'l F'asemcnt or
riqht-lJf-woy '.If ! ~cord.
(us 1('1.~ol'ded in ()[firial f\ecords Book 225G,
page 1 G9R, F'.lJ: r\.)
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Professional Surveyor and Mapper
No. 4437
State of Florida
EXHIBIT "B"
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EXHIBIT "C"
Conditions of Approval
Project name; Harbors Abandonment
File number: ABAN 03,004
I DEPARTMENTS I INCLUDE I REJECT I
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
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: None
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PRIVATE UTILITIES
Comments:
1. Adelphia: None.
2. Florida Power & Light:
FP&L acquiring all additional easements for any and all existing or proposed
FP&L facilities necessary to service any and all existing / proposed future
construction requiring electrical service at the abandoned site. This includes
but is not limited to 10 foot wide easements adjacent to both sides of all major
thorough fares;
All easements where FP&L facilities exist are not considered abandoned until
said facilities are de,energized, relocated, and / or removed;
Any and all costs resulting in the relocation or removal ofFP&L facilities due
to said abandonment are paid by the customer and / or property owner and /
or requesting party.
3. Ftorida Public Utilities Company: None.
4. Bellsouth: None
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
Comments:
-
5. None
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
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6, To be determined.
S:\PlannmgISHAREDlWPIPROJECTSIBoynton Commerce Girl Boynton Commerce Clr LoI3B\ABAN 03-007\COA.doc
Johnson, Eric
From:
Sent:
To:
Cc:
Subject:
Kelley, David
Wednesday, August 27,20034:54 PM
Johnson, Eric
Logan, Laurinda; Milor, Skip
RE: Harbors Abandonment
Eric:
As I relayed to Ed Breese prior to last night's meeting, this Division has no objection to the utility
easement abandonment as shown on the submitted data by Greg Mire, The record plat (already
recorded) reflects the coverage for the relocated sanitary sewer line. They need to abandon this
segment in order to construct one of the six-plexes, We have plenty of time to ensure that this task is
completed prior to issuance of a building permit for this building in conflict with the existing line, Just
as a side bar, the sanitary line furnishes service to the new shelter building at the city's Intracoastal
Park; obviously we will need the old (or new) line in service at all times,
Dave....
hmOriginal Message..---
From: Johnson, Eric
Sent: Wednesday, August 27, 20034:25 PM
To: Kelley, David
Subject: FW: Harbors Abandonment
Dave,
We need something for our file indicating that Engineering has no issue with the above referenced request for
abandonment. Did you send your memorandum to P&Z yet? Thanks.
Eric Johnson
"",Original Message"'''
From: Johnson, Eric
Sent: Friday, August 22, 2003 1:44 PM
To: Kelley, David
Cc: Breese, Ed
Subject: Harbors Abandonment
Dave,
I was looking through our file to make sure that Engineering had no issue with Greg Mire's request to abandon a 15,
foot wide easement on the Harbors property. I did not find your response.
Please respond either affirmatively or negatively to their request for abandonment. Thank you.
Eric Johnson
1