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
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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..
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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