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REVIEW COMMENTS 7.A.l FLORIDA PUBLIC UTILITIES (ABAN 05-001) ABANDONMENT DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-272 TO: Chair and Members Planning & Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner ~ DATE: April 18, 2005 SUBJECT: Abandonment of a portion of a 30-foot right-of-way ABAN 05-001 NATURE OF REOUEST Mr. Christopher Canino, representing Florida Public Utilities, is requesting to abandon a portion of an unimproved 30-foot right-of-way, located on the south side of Old Boynton Road. This unimproved right-of-way is situated between a small parcel of land to the east (owned by the Florida Public Utilities) and a large parcel of land to the west used as the water retention area for Wal*Mart. The abandonment request was submitted on October 12, 2004. The platted right-of-way is 30 feet wide and slightly more than 250 feet long. It is described as follows: A portion of the 30-foot right-of-way lying west of and adjacent to Tract 42 as shown on the SUBDIVISON of Section 19, Township 45 South, Range 43 East, Palm Beach County, according to the plat thereof recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, said portion lying South of the right-of-way line of Old Boynton Road (as currently laid out and in use) as recorded in O.R.B. 4276, Page 1105 of the Public Records of Palm Beach County, Florida, and more particularly described as follows: BEGINNING as a point on the west line of said Tract 42, 20 feet south of its original northwest tract corner (said point being on the existing south right-of-way line of Old Boynton Road), thence run southerly along said west line of Tract 42, a distance of 252.13 feet to a point on the north line of a drainage easement as described in O.R.B. 10939, Page 1451, Public Record of Palm Beach County, Florida, thence run westerly along said north line of said drainage easement a distance of 30 feet to a point on the east line of Tract 45 as shown on aforesaid plat of the SUBDIVISION of Section 19 (said east line being also the east line of Tract "A" (stormwater easement) of the plat of WAL *MART AT BOYNTON BEACH, as recorded in Plat Book 94, Pages 140 & 141, of the said Public Records of Palm Beach County, Florida), thence run northerly along the east line of said Tract 45, a distance of 253.67 feet to a point on the said existing south right-of-way line of said Old Boynton Road, thence run easterly along said south right-of-way line a distance of 30 feet to the POINT OF BEGINNING. Subject to a 15 foot utility easement over the west 15 feet thereof. Although not indicated on the sketch, the applicant has informed staff that the subject right-of-way is 0.17 acres in area. The Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"- "Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a description of the land uses and zoning districts of all properties that surround the subject right-of-way. Page 2 Memorandum No. PZ 04-272 ABAN 05-001 North - Right-of-way for Old Boynton Road, then farther north is developed commercial (Boynton Beach Mall), zoned Community Commercial (C-3); South - Undeveloped drainage easement within the Wal*Mart Supercenter, farther south is an access driveway into the Wal-Mart Supercenter, zoned Community Commercial (C-3); East Undeveloped property currently owned by Florida Public Utilities, zoned Community Commercial (C-3), then further east is developed commercial property (Steak & Shake), zoned Community Commercial (C-3), still farther east is right-of-way for Winchester Park Boulevard; and West - Developed commercial (retention area and then further west is the main access road for Wal*Mart), zoned Community Commercial (C-3). BACKGROUND Wal*Mart Stores, Incorporated, received site plan approval in August of 1999 to develop a Wal*Mart Supercenter Store, located on the northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard. The plat, originally approved in 1917, showed a 30-foot wide street right-of-way running north to south across the subject property. The majority of said 30-foot right-of-way had been previously abandoned and incorporated within the Wal*Mart property. The subject abandonment request is for the remaining unimproved road right-of-way, that fronts on Old Boynton Road and runs southward, terminating along the northern boundary line of an east-west drainage easement. At one time, this unimproved roadway segment was part of a series of rights-of-way, most of which were abandoned in February of 2000 per Ordinance 00-005 and became part of the Wal*Mart development. This abandonment request would complete the abandonment of the entire right-of-way. The property located directly to the east of the subject right-of-way is owned by Florida Public Utilities. It formerly operated as a Gate Station but is currently operating as a Regulating Station for Florida Public Utilities. ANALYSIS When a right-of-way, such as this unimproved roadway, is abandoned, the ownership of the abandoned land is transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected by an abandonment request. Normally, one-half of the right-of-way is conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property owner. Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4 of the Land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised in the local newspaper. The applicant requesting this abandonment is the owner of the property to the east, Florida Public Utilities When this request for abandonment was originally submitted in October of 2004, the applicant provided a sketch showing only a portion of the unimproved roadway to be abandoned, leaving a segment of the right-of-way intact. No public utility providers had issue with the subject request. However, upon further review, the City's Utilities Division recommended that the applicant revise the sketch and intended abandonment to include the entire defunct right-of-way to avoid any remnants. The applicant revised the sketch and re-submitted the request for abandonment. A summary of the responses from the utility companies and city staff is noted as follows: Page 3 Memorandum No. PZ 04-272 ABAN 05-001 CITY DEPARTMENTS/DIVISIONS Engineering Public Works / Utilities Planning and Zoning No objection Approval with conditions (see Exhibit "CIf - Conditions of Approval) No objection PUBLIC UTILITY COMPANIES Florida Power and Light BellSouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No response (see Exhibit "CIf - Conditions of Approval). No objection No objection No objection N/A Excluding Florida Power and Light, all public utility providers have indicated that they have no objection to the applicant's request for abandonment. As of today, no response has yet been received from Florida Power and Light. No abandonment request would be complete until an affirmative response is received (see Exhibit "CIf - Conditions of Approval). Also, the Utilities Division is requiring that a utility easement be dedicated over the western half (15 feet) of the abandoned portion of the right-of-way. A dedication of a utility easement would grant the City legal access to the property for maintenance or upgrade purposes. RECOMMENDATION Staff has determined that the subject right-of-way does not serve a public purpose, and therefore is recommending approval of the request to abandon the 3D-foot unimproved roadway as described above, subject to the comments included in Exhibit "CIf - Conditions of Approval. Any additional conditions recommended by the Planning & Development Board meeting or City Commission will be placed in Exhibit "CIf - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Florida Public Utilities\ABAN 05-001\Staff Report.doc Exhibit 'A' - Location Map o 100 200 I 400 600 800 I Feet w.' . 04/11/05 MON 10:19 FAX 561 833 8562 -A portion of the 3O-foot right-of-way lying west of and adjacent to Trilet 42 as shown on the SUBOIV/SION of Section 19. Township 45 South, Range 43 East, Palm Beach COunty, according to the plat thereof recorded In Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, saId portion lying South of the right-of-way line of Old Boynton Road (as currently laitt nllt Anti in III''') QlC roaordcd i... O.I';:.e. 42.TO. page 11OJ; nf tho Publio Roootd" of PCzlfll 13t=i:lctJ county, ..tonda, and more particularfy described as follows: FLA PUBLIC UTILS EXHIBIT "B" BEGINNING as poInt on the west line of said Tract 42, 20 feet south of its original northwest tract comer (said point being on the existing south right-of-way line of said Old Boynton Road), thence run southerty along said west line of Traet 42, a distance of 252.13 feet to a pOint on the north line of a drainage easement as described In O.R.B. 10939, Page 1451, Public Record of Palm Beach County, Florida, thence run westerly along said north line of said drainage easement a distance of 30 feet to 8 point on the east line of Tract 45 as shown on aforesaid plat of the SUBDIVISION of Section 19 {said east line being also the east line of Tract 'A' (storrnwater easement) of the plat of WAL -MART AT BOYNTON BEACH, B$ recorded in Plat BOOk 94, Pages 140 & 141. of the said Public Records of Palm Beach County. Florida), thence run northerly along the east line of said Tract 45, a distance of 253.67 feet to a point on the said existing south right-of-way line of said Old Boynton Road, thence run easter1y along said south right-of-way line a distance of 30 feet to the POINT OF BEGINNING. Subject to a 15 foot utility easement over the west 15 feet thereof.. ~ ------ LL.:a. . o ''TRACT .. STOAMW~ TER EASDAENT Q,A.B'Ii PO. '110 PART OJ Pl.Ai "E ctS > Q) - ::J o al ~ L. m 0.. 4t':J>_, " 'FQ'J.. .. ~~~ ,w.q ~~~ <<t. ~Q" , ...... ... "! ., " WA 1tR E...SEM[NT NO. 3 OA 12728. PC. 180' - - ~ Q) ..-. en Q) ..c: (.) c: ~ - A PONnCN OF THE DlWH"f:r (ASEUlNT I ~5alI8tD ft/ o'R. 10m. ~ 145' WAT!A tAS(M[NT NO.3 O.R, \2125. PO. .~iO' SANIT-'I''T SE'M:R .to' STORM WAT(R EAStJaNT NO.1 DAAINAO( rASf:NENT O.R, 12728 (.R. 1272. PG.18 PO. 1 t05 - - 10' ST()t1V.4 WATER NHAOE EAStMr.HT O.A. 1212& Po.11 . RIClI\' Of WItt ~ llMl'1IIG 11IO..: ..... IlEQIJEsr LIl tIO.: OIJ) 8e7nmlH kH:H 04i IlCN..El IUS. ~ STATION BHm' I OF I II SHow PROPOS R A P:\Depar1ments & Divisions\Englneering\DRAWING FILES\CAD Drawingsl$OUTH\S4 E1\5165-1_S4E1-o1d boynton beach gate station.dwgV2.dwg, 2122 LOT 4 1\UT0CAD FILE NAME: 5165-1J(I-GId ~ beIdI" sIAIionV1 EXHIBIT "e" Conditions of Approval Project name: Florida Public Utilities File number: ABAN 05-001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: l. Subject to a 15 foot utility easement over the west 15 feet thereof. 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 PUBLIC UTILITY PROVIDERS Comments: Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I 2. Abandonment request requires an affirmative response from Florida Power & Light prior to the second reading of the ordinance. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. S:\Planning\SHARED\WP\PROJECTS\Florida Public Utililies\ABAN 05-001\COA.doc