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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 S:IPlannlng\SharedIWpIProjectsIHarbors, ThelNWSP 02-Q12\ABAN 03-004\Slaff Report.doc - - :_N_I; 25TtI-~VE_ -=-_ __-. . z m ---z_. W m ;0---___..,.__ _ o .., _ (fl- -r-_ ---i__, 0 '-.., ---- R1-A~ '-. ~-. , 'I' ~Hlll!:::tA-''l'[ , i I I i Location Map 0' U CJ z in' OJ o 0' U PUD '-----,e2- NE2JS-:uYEc R3 I _~_ __~C___"---'__'_ , ii! €S'~gE-PU [) ,,' 'i~~,g " :O-29'FHAVlO- 'oJ i i --------1_~.e: i " ,-_G.5I__ :----.E,ST_ The Harl2.grs_ I >- '. <( $ -' :<( cc o w u.. ~C3 R rAA-- ,P0ITER &-.-=,_ ~EC R3 --1A oc wABBOU~ ._ . , ; ,C~ PAbM~~i\A., , \ \SITE~ REC "" ?nTH " J -"5~5~ 71 -~~ ;~ ;: , I "E.2~.E C - ", '==0;; ~ ';i \ E~ ~e~_ I I _. I EXHIBIT "A" L LAKE WORTH/ L ICWW ~ - " w~, - 11'( EA'TMENT ~ LEI7".F-::r DATE 08/04/03 DATE PEVISIONS OPTION uF LOT 0. consult:1n9 engineers SCALE 1"-=30' , /',1 BPUWI'! jr s 301 EAST ATLANTIC 80ULEVARD 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. ~ BOYNTrj/j REACH SHEET 1 OF 1 .1 mAUl CQU/Hy, FLORIDA DPA\JING ~JO, Survey of-uE CHK.BY~ N:021128.0 1 /SURVEY /CADD " , SKETCH LOCATION SKETCH N(1T TO SeAl f- ~="~~~; ,':LI J~: ' I ' 'i! \ I ,~ 1 ,Ii - SITE ",'f ,;~~~; ~"~' ,'-t' O>J<'O,,[] ,', ,Mi:slIIEn '''';. ''-<5--'3 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\.) LEGEND: . l'IrJirclfp:: ;,~t irun rod or nuil and disc \'.'llIl i'lo, L86860 identifier, F,E.:: FlorirllJ [~.J:.,: (,_,ust (I R.B ()fficiul r::,~, ,yds Buok P.D,C,R rOllli elr.:" 1-, County Recurds P 8. Plut 8'.:101, It. Centerline symbol UrIL A P SI\ HYPI P8 PALf OF SUHVEY '\ ' '\:' LOT 12 I Ie., (y ~? "; ?~~\ ,'Y' '<, <~ \'3 01 \i' I 14 LOT PLAT 1lIMITS 15.00' 6' U,E, PER (O.R,B .385.3, PG. 444, P.B.C.R,) -'1 ct 15' WATER EASEMENT ~ 15' SEWER EASEMENT I SE CORNEJU LOT 12 z o Vi '> is co TO F.E,C. ^llROAD 786.97' <(-\ <J' CTG (). ~, " o x , ~ o "- Or I 39 43 " _.3.00' 46 I' " I ~ 1- ~ I ~ J <( f-- U <( 0:: 1- '" < 44 ~ " '2 41 0 45 < " ~ 0 . ~ z " Q. co '" '" ~ ~ o ~ 42 SUNAI ANDDISCJ-- PLAT OMITs - _ _.3.00' SET ~lAIL A j",_ TO F.E,C. WAll - , RAilROAD 804-.19' _______ 15 UTILITY EA::;FMENT ~(O.RB, 2256. I PG. 1698, P,B.C,f\.) ~ 10' UTILITY FASEMENT J t (O.R.B. 2239. LO 7 pc. 1117. P.B.C.R.) SA B OWN JR's HYPOLW~ SUBDIVISION (PB 1, PG. 81, P B.c:.r\) I~~ -~~~~. I .~ Cregory S Mire Professional Surveyor and Mapper No. 4437 State of Florida EXHIBIT "B" -./ ii g TCO ". A.&1' .IlP.4tLA::I :j. -.;---~ F; ---. ---.'-t-' II I~~~ I ~~ ~ ~ 'm!k i'p' I ~ 'I~ ~ j j ~ r ,~ ~ ~ ~ t<~O ~ ~ ill~~ ~ ~ h2 ~ ~ "~g ~ ~ 22Q 8 .. ~~ ~ ~.e ~ '~' 'I I . · , I ~ !IH . I c ___'. -----:L a @ ~ ~ r ~ ~ I~ ~ r ~ I I II I j II "il i lj I 'II J J J J ! ffiiliEffiiJ! I _ _ _ fffi8iJ! ~l . r '" r:!! 11~ : I !:<g~ I II (;;~ , 'I ;l!~", ....., , , lo- r---j , r----J>~~ ! "- P i I' .. ~ , IT "8" !'l ". E' ~~~ '1~' !U ~ ~ ~ 11 ffi j r co . ~ m () , ~ ~ ~ Umluml~~i i HliHl/U~g~, ~!Il ~"J.m,l Ijl mlllPJI !I ~ IpWdill 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: '" 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