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REVIEW COMMENTS DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 05-102 FROM: Ed Breese, Principal Planner, Planning and Zoning Laurinda Logan, Senior Engineer I TO: RE: August 19,2005 Review Comments ( Minor Site Plan Modification -~w Nautica - Security Gates File No. MMSP 05-024 DATE: The above referenced revised minor modification plans, received on August 17, 2005, were reviewed for Public Works, Engineering, and Utilities against the requirements outlined in the City of Boynton Beach Code of Ordinances. 1. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. 2. Please note that changes or revIsions to these plans may generate additional comments. Acceptance of these plans during the minor modification process does not ensure that additional comments may not be generated by the Commission and at permit review. 3. The proposed telephone entry pedestal is being placed inside a utility easement containing both active water and sewer mains. The homeowners associations shall provide a hold-harmless agreement for this structure in the event of its damage during repair operations that may be required during the life of the existing utilities. A more thorough review of the plans and details will be performed during the permitting phase. At this time we have no objection to this project proceeding to permitting. LUck Cc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail) Peter V. Mazzella, Deputy Utility Director, Utilities H. David Kelley, Jr., P.E.! P.S.M., City Engineer, Public Works/Engineering (via e-mail) Glenda Hall, Maintenance Supervisor, Public Works/Forestry & Grounds Division Larry Quinn, Solid Waste Manager, Public Works/Solid Waste Kenneth Hall, Engineering Plans Analyst, Public Works/Engineering (via e-mail) File S:\Engineering\Kribs\Nautica - Security Gates, Minor Site Plan Mod, 2nd Rev..doc /')1/ ~r : t7 K.- .J # ~ lhuJ~nxa ~/fUUrl1~ff7fJ 77J Pnt(/~ ~ Rug 02 05 04:08p Ro~~ Parking Control S~S 954966 15 p. 1 ~~x~~: 1',0 11~.,.; ,I\t.l!\", lIullyw~m(t, 1-'1, J~OtB .. 2"ll S.W. ,;Klh 'Ji~r.'lll;f.. I1nll~""H"J\I. H.. J3Cl2'j L1,,~.; .IO~.Q40.lIUOl . lIrnUlata; ~S4 <jb(;.J!,IjJ . n"." R~I"n: ~,lO.0001 . ~nl) flRJ."I:I~ . r"<: 951.<)(,(,.lOK~ . w"'''''~'~l'r,~".i"~ ,'~1lI FAX ~COVER SHEET DATE: all) () ) -_ I t) (..JJU/ Ivv:{)!t, lp~ArJ .. , I n --at of ~yrJTI)tJ~c~\ ATTENTlON: COMPANY: NU MBER: 'C~ I - ~ - rJ' l{ L"""- ( ",-- C"::j --J...l.U:LL-, ,_. _' l.f) L...~ , / ( Royce Phone: 954-966-3903 Royce Parking ~ontrol Systems Inc. SENDER: _ SQo TI (('L)h~ NUMBER OF PAGES- fNCLUDING COVER: @ NOTES! REMARKS: 'I\RKrNu p .\('ta'I':-'~S . JllJV!:2\I'r~(.'():-.'TKOI.SY.'lj:n::.\.1~ . CUSTI)MC~A.TCs.. ('(IMMP. ", .. '.. . ,RCJ^I." KI~~H)hNTII\L UATH l.WlmAl'I)f.SfTI',I,I:I'II/,)NIl I:NTlty Rug 02 05 04:08p Ro~~ Pa~king Cont~ol S~S 954966 15 p.2 ~~YC1E .L~ P,o,RKING CONTROL SYSTEMS, INC. 2411 S.W, 5Xth Terrace - Hollywood, FL - 33023-404U l'hone; (~)54) 966.31)()) . Fax: (954) 966.20!i5 in ror.<j~roycl:pl1rki nt:, - http://www.l.oycepat.king.Cl)llI August 2, ~005 Laurino.. r..ogan City or Boynton Beach Reference: Nautic.:\ G~ltc ,Jnd 1~(:nCl~ PI.!nn.i,1 Mt=l _ L()g.~ n , I3nclooed pleaGe fincl il detail drawing of the north entry of Nauti.ca" we hav~ moved tl:e pede!Jtal for thc tc] cphonc entry 18" from the oewer linc, the PCdCr-lt'..l] bi:'l81~ :Ll::I only 6" x 6" and the concrete p.:td it io bolted to .i.o 12" .x 12'" with an 18" depth. The conduit running to the pedeatiJ.l. is; low vo:! t.D9(', roquiring one ~" conduit from the pedeat.:\l to the gate motor. I hop~ thio information iG satil'lfilctOr.y. Thank you, JrkkPtY Scot t ,wodgl:' Royce Gatea l':lrking Gates Al;CC~S Control l:tcvclluc Control CCTV Telephonc Entry ,. ~~~~D~'\~~~ (.. I I \).)\ Q...\, '''1./ r (., . {>~i..\.J~1 or\(;, (~) jlq 1\ (..(J{'.~\v..~\' \p.+k ,\ \ I' \,,0.) V vl:o~~. QA/\C:, t:':...~,^ ... ;- '.f" ':.- C"..~'I "'^ "',iil_....._,.. _.'\ 2-"';" ~l'-.)\_~~ ~V ~ Rue 02 05 04:08p Ro~(' Parkine II ~/ I ,: i96V I tO/U/6 r 3lVO ,07.= l If'I r- . -i~ o UJ ..... (\Iai cq _ a..' ~ a.. 589025-34"E 395.22~r \ \ 0"" ~ ACUV'\ ()J.\'f1; -5 ~ ~'\.. \~. xlO 54.W 1 I .1 ../ 4:S1)( I tJ /, 1,1 yV ,- U' ~ (T.~P) J'F I - ---T' - ELECTRIC BOX Control S~S 954966, J5 _// CB -----.J.- ,J1~ \--Q'Ql~ r 8' SIDEWALK ( ~"\ .. '{) t :<.~,~ ~- ,I _ ,:.: ~', t;)IJ((ii / /O.bX 6(j< :, .~ P' - --:-~ ;, -.1 .,&iW10~ c::i ~ 1..~ ~u..ARb5 C)..) I ~ ~ .. .. I ~ , , ", ,. :--==:bf{' \ " ", ".. , ,.~.;.,~:::/ ...., ......-f~.}.. \',.' I I II fD' I.lr ft'\JJ)'\ll'\l).yVI @ / \'\ J:J- ~tL ~,r=:F ~\l_ ." ',M".~ Il'l r- .-.it . ~I'--O ._O::i: .r-~ N . a;)... ~a:lIi ~ r~ I p.3 , ?ll. . ~ i-- 10 +ROty'- ~J~/'...",; i~rvt:" .;..~ ~-1:{ \ tJ'.l.~: e+ t~ ~'1I! ,~"" 'S~t" ~~\~\L v.:,lr-<IL- t() .... ~tb ..... ~CIlI- _O-~ L_ . :fi ~~~JGHT, "'-R;~'::::' } ''r\ --=::: PAVERS SM \ 1410 ...~, ..... . TRACT T 'P.B. 74, 'PGS:"110=115 .. ",.' ty ;...~ ";:.J" ,..~ ,..~ TRACT '"L2"" Rue 02 05 04:08p Ro~r Parkin~ Con~rol S~5 954966 35 p.4 ROYCE PARKING CONTROL SYSTEMS MOUNTING PEDESTALS ne.,La.:l~ . .L./ l tl,) . Royce Parking Control Systems, Inc. manufactures a full line of alu.min um or steel heavy duty mounting pedestals that offer a secure, fast and easy way to install many types of access control devices Standard finish is a Semi-gloss black powder coating. Other finishes at your request. Slock height 42" and has a square base for added stability or no base and 60" high for cement in applications. Also available many u.niversal and standard mounting plates for all type o/telephone ent/y .\'}'stems, card readers, intercom stations, key switches and digital keypads. TO Order Call. . . Phone: (954) 966-3903 Fax: (954) 966-2085 Royc~;) Parking Control Systems, inc. with ifs fine crC1ftsmanship and meticulous engineering is your superior choice for value, oric~ Quality and fast delivery nil .. ....... -..... 4-.'.-- 16" .-.-.. ,_,. .n_", 3" Square Tubing ". 42" Height C'J:::N~Tf ?flD \ I ;;{)( \ d.- \ \ 1"\\a.p "., 'Z' Squore Tubing Covered Base / 4-'/ 6" Square Base .I / - -ol--. .~, ROYCE PARKING CONTROL SYSTEMS, INC. 2411 S.W. 58th Terrace Hall ood. Florida 33023 TO: Page 1 of2 Breese, Ed From: Coale, Sherie Sent: Friday, August 19, 2005 3:24 PM To: Breese, Ed Subject: FW: Nautica - Security Gates, Minor Site Plan Mod, 2nd Rev. Memo FYI -----Original Message----- From: Kribs, Carol Sent: Friday, August 19, 2005 3:10 PM To: Livergood, Jeffrey; Kelley, David; Hall, Ken Cc: Coale, Sherie Subject: Nautica - Security Gates, Minor Site Plan Mod, 2nd Rev. Memo FYI TO: Ed Breese, Principal Planner, Planning and Zoning FROM: Laurinda Logan, Senior Engineer DATE: August19,2005 RE: Review Comments Minor Site Plan Modification - 2nd Review Nautica - Security Gates File No. MMSP 05-024 The above referenced revised minor modification plans, received on August 17, 2005, were reviewed for Public Works, Engineering, and Utilities against the requirements outlined in the City of Boynton Beach Code of Ordinances. 1. All comments requiring changes andlor corrections to the plans shall be reflected on all appropriate sheets. 2. Please note that changes or reVISions to these plans may generate additional comments. Acceptance of these plans during the minor modification process does not ensure that additional comments may not be generated by the Commission and at permit review. 3. The proposed telephone entry pedestal is being placed inside a utility easement containing both active water and sewer mains. The homeowners associations shall provide a hold-harmless agreement for this structure in the event of its damage during repair operations that may be required during the life of the existing utilities. A more thorough review of the plans and details will be performed during the permitting phase. At this time we have no objection to this project proceeding to permitting. LUck Cc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail) 8/22/2005 TO: . Page 2 of2 Peter V. Mazzella, Deputy Utility Director, Utilities H. David Kelley, Jr., P.E.! P.S.M., City Engineer, Public Works/Engineering (via e-mail) Glenda Hall, Maintenance Supervisor, Public Works/Forestry & Grounds Division Larry Quinn, Solid Waste Manager, Public Works/Solid Waste Kenneth Hall, Engineering Plans Analyst, Public Works/Engineering (via e-mail) File S:\Engineering\Kribs\Nautica - Security Gates, Minor Site Plan Mod, 2nd Rev..doc 8/22/2005 FACSIMILE CITY OF BOYNTON BEACH City Hall, West Wing 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax From the office of Planning & Zoning TO: ~e!1 ~~ FAX: {- CJ'S+- 714- -507( FROM: Et> ~Zl2:St., DATE: 4- 27 -~.5 NUMBER OF PAGES: (including cover) r2- RE: ;lJlk/nC!A ~r;j~ $~y ) ~ ME 1J.f& ~ ~ 111-€ /S1Ja,IAJ~1f.J(p B-rvISlt}zII). .:Cf:::- ~ ~e hU.:( LPLJ~77~ ~@::F ~hlJA- to~ M ) (5&/) 74-Z-~+82. A-i;;rbIf1~J/M~~ tJae.- ~/J-W u/ rifJ.€ .f Fbuee;) 7II-E- (/2.- CbU- MetVr!> ~(j}-ep ~ !</lJ{))G E,;X ~ ~ N(J]JR(!A-tleAJ A-#{) fMJe/IS(01IV tJY ~r;j ~ W~ ~ .>g$J29t{ /.5 I1-C71VM-ra>. ~.)/ 6 !f you r~ceive this fax in error, or experienc . . Immediately, at (561) 742-6260. Thank you. e trouble with transmission, please notify our office TRANSMISSION VERIFICATION REPORT TIME NAME FAX TEL SER.# 01/12/2002 18:02 PLANNING 5617426259 BROL3J876851 DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 01/12 18:01 91954714507198568 00:00:40 02 OK STANDARD ECM DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 05-049 TO: Ed Breese, Principal Planner, Planning and Zoning FROM: Laurinda Logan, Senior Engineer DATE: April 21, 2005 RE: Review Comments Minor Site Plan Modification - 1 st Review Nautica - Security Gates File No. MMSP 05-024 The above referenced minor modification, received on April 21, 2005, was reviewed for Public Works, Engineering, and Utilities against the requirements outlined in the City of Boynton Beach Code of Ordinances. 1. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. 2. Please note that changes or revIsions to these plans may generate additional comments. Acceptance of these plans during the minor modification process does not ensure that additional comments may not be generated by the Commission and at permit review. 3. The proposed security gates are being placed across a utility easement containing both active water and sewer mains. The proposed plans depict structures that may not be placed within a utility easement. Provide plans that depict the existing utilities and location of all structures for further review. 4. Although adequate stacking is provided, no provision is made to allow adequate turn-around for vehicles (including trucks) that are not allowed to enter the community. 5. Show proposed site lighting on the Site plans. 6. This plan will require modifications to the existing drainage plan as more than 800 SF of additional pavement is proposed. 7. Provide details regarding typical sections, curb types, etc. LUck Cc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail) Peter V. Mazzella, Deputy Utility Director, Utilities H. David Kelley, Jr., P.E./ P.S.M., City Engineer, Public Works/Engineering (via e-mail) Glenda Hall, Maintenance Supervisor, Public Works/Forestry & Grounds Division Larry Quinn, Solid Waste Manager, Public Works/Solid Waste Kenneth Hall, Engineering Plans Analyst, Public Works/Engineering (via e-mail) File S:\Engineering\Kribs\Nautica - Security Gates 1 st Review.doc " PLANNING AND ZONING MEMORANDUM TO: James Cherof, City Attorney FROM: Ed Breese, Principal Planner ~ DATE: January 27,2005 SUBJECT: Nautica BOA Attached for your review is a copy of a letter I received from a homeowner in Nautica PUD, who, along with several of her neighbors, is concerned about the BOA desire to gate their community. She indicates there is not unanimous agreement to accomplish the gating of the community and that the BOA Board acknowledges a 71 % affirmative vote by ballot. I have also attached previous action on the part of the City to abandon Nautica Boulevard right-of-way. She is concerned that a permit application will be made to install the gates and has provided some case law, which she indicates speaks to the need for 100% homeowner agreement to accomplish the gate installation. I would appreciate your review of this information and advising me on how to proceed from here. Thank you. o Ed Breese City of Boynton Beach, Planning and Zoning P.O. Box 310 Boynton Beach, FL, 33425-0310 561-742-6000 €J, \-t CJ A (). ~\ SU.Al \I DfYV ~. ~o-+- r ~I . . It Llf ,or (JlJ S~~ S S,Oh. ~y ~C1IJ ~ IS o vey IF ()o ~y- \-of:>IGS. Oh ,~{ 'I I i-v~J;~ ~.~ ~~ January 25, 2005 RE: Gates for Natuica Community Dear Mr. Breese: The board of directors for Nautica HOA has decided to move forward with plans to erect gates on the roadways within the Nautica community. Many residents attended the latest board meeting wanting to express our opinions about their decision. The board advised those in attendance that they were moving forward with installing the gates and that the topic was not up for discussion/questions. The board stated that they obtained 71 % homeowner approval for gates over the past year. The intended action to install gates by the HOA board not only violates the By-Laws of the Association, but without approval by all homeowners, violates the rights of easement owners as demonstrated in Florida case law (see Exhibit A enclosed) which demonstrates that the Board of Directors has no right to change, place permanent obstructions, or obstruct the convenience of the roadway without the mutual consent of each dominant estate owner. The case law is quite clear, the installation of any obstruction or barrier1 on any roadway within our community is illegal unless the consent is agreed by all 1 00% of the homeowners (the dominant estates). It should be noted that gated communities originally created by their developers exist because homeowners agreed to such a restriction when purchasing such properties. Since Nautica community was not created nor intended to be a gated community, any organization or homeowner would need 100% approval. The Nautica By-Laws themselves state that obstructions shall not be placed/affect ingress/egress for any homeowner, guest or their invitee. ~ iin .~s lli m I Gates, poles, speed bumps, or other similar devices illl lli f~ L- i '"J (- [1 (\ " ~ f f- t T l~~__' "'. i '''; , . ! 10f3 We wanted to make the City of Boynton Beach aware that there are many homeowners within Nautica who voted against gates.. The Association was requested to provide copies of all ballots as there are questions with their validity. The purpose our this letter is two fold: 1. To inform you of this situation, so that the city is prepared in the event the Nautica HOA applies for a permit for gates or other structures. 2. To request that the city confirm that they would deny a permit application for gates since such structure would violate the rights of easement owners and also violates the HOA's own by-laws (private restrictions) unless 100% homeowner approval was obtained as required per Florida case law. Please address all correspondence to myself, as I will ensure that your reply is forwarded to the other homeowners that I represent. Sincerely, ~dth- Linda Skavnes Homeowners Representative for Protection of Easement Rights 8166 Mystic Harbor Circle Boynton Beach, FL 33436 (561) 732-5536 20f3 Exhibit A THE LAW ON EASEMENTS Case law is very clear with regards to ingress & egress easement rights, as demonstrated by the following: . Once a person grants an easement, he cannot do anything to change it or obstruct its use. An easement created by express grant without reservation or restriction is permanent and can only be changed with mutual consent of all the owners of the dominant and servient estates. See the cases of Fields v. Nichols, 482 So. 2d 410 (Fla. 5th DCA 1985) and Fla. Power Corp. v. Hicks, 156 So. 2d 408 (Fla. 2d DCA 1963). · Due to the fact that the grant of the easement is clear and unambiguous, the owner of the servient estate had no right to place obstructions across or within the easement to prevent the full use of the easement by the dominant estate owner. See the cases of Richardson v. Jackson, 667 So. 2d 928 (Fla. 5th DCA 1996) and Entzminaer v. Thornberrv, 734 So. 2d 1114, 1115 (Fla. 2d DCA 1999). · It is also important to note that the Association even representing a majority of the easement holders had no right to substantially diminish the convenience of the roadway. See the cases of Killion v. Kellev, 120 Mass. 47 (1876); Stifel v. Hannon, 95 W.Va. 617,123 S.E. 673, W.Va., 1924; and Thompson on Real Property, Vol. 2, Easements, Sec. 428, p. 702 · The servient owner has no right to place permanent obstructions in the described easement area that would prevent the dominant tenement owner from freely passing over any part of the easement. Such obstructions are viewed as nuisances and they may be removed by resort to contempt proceedings. Considerations about what may be reasonably necessary for the dominant tenement owner's use or needs is not appropriate or relevant. See the case of Hottv. Scott, 453 So. 2d 224, 226 (Fla. 5th DCA 1984) · An easement owner has the right to enjoin anyone from erecting any barriers on the easement. See the cases of Monell v. Golfview Road Ass'n, 359 SO.2d 2 (Fla. 4th DCA 1978 in which the placement of speed bumps across road is a substantial violation of an easement holder's meaningful right to use road). · The common areas serving the community must be made available to parcel owners and their invited guests to use as the property was intended. See the cases of Blue Reef Holding COrD.. Inc. v. Covne, 545 So.2d.1053 (Fla. 4th DCA 1994) and Lewis v. S & T Anchoraqe. Inc., 6166 SO.2d 478 (Fla. 3d DCA 1993). 30f3 /'~6\"-r:","o",, ,"~' 'r' / ,/, ,"-, \ '/' \ \ ~. ,\ .\ " 0' ; (J I J-, ' ' /',\~ ,:' '. 'V .....--/ V/ ",,"'ON ~/ DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION . Building . Planning & Zoning . Occupational Licenses . Community Redevelopment December 19,2002 Michael Rodriguez, Esq. Sachs, Sax & Klein, P .A. 3001 Yamato Road, Suite 4150 Boca Raton, Florida 33431 Re: For: File No. Location: Nautica Boulevard PUD Right-of-Way Abandonment Abandonment of Right-of Way ABAN 02-002 Nautica & Lawrence Road Dear Mr. Rodriguez: Enclosed is the City of Boynton Beach Development Order for Nautica Boulevard PUD Right-of-Way Abandonment, ABAN 02-002, together with Ordinance No. 02-059, which represents fmal approval of the above-referenced request. This was approved by the City Commission on December 3, 2002. Please note that this abandonment is conditioned upon the establishment of all necessary easements as described in the development order. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, ~;Z- Michael W. Rumpf Director of Planning & Zoning MWR:AD Attachment: Development Order Conditions of Approval Ordinance No. 02-059 J:\SHRDA T A\Planning\Planning\CC aprovalletter for variances. doc City of Boynton Beach. 100 East Boynton Beach Blvd., P.O~ Box 310 . Boynton Beach, Florida 33425-0310 Phone: (561) 742-6260 . www.ci.boynton-beach.f1.us DEVELOPMf' 'T ORDER OF THE CITY COMMI~,)N OF THE d. OF BOYNTON BEACH, FLORIDr-. ./?~. L Ue.Ve...t. ~. ~. O~.~.. PROJECT NAME: Nautica Boulevard PUD Rigt-of-way Abandonment APPLICANT'S AGENT: Michael Rodriquez APPLICANT'S ADDRESS: 301 Yamato Road, Suite 4150 Boca Raton, FL 33431 DATE OF HEARING RATrFICATION BEFORE CITY COMMISSION: November 6,2002 TYPE OF RELIEF SOUGHT: Abandon Nautica Boulevard Right-of-way LOCATION OF PROPERTY: Nautica PUD DRAWING(S): SEE EXHIBIT "8" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 5. 6. 7. 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The AP~ant HAS _ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the .public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. \11111/ \\\\\\\ "III//, -s.'\" ,{tHON -^i'/~ :)' 0 "f{4 '7 ~ ~ .$ ft, .~o ':". _ ~ ~ 8" a" I~'.. ,.~ ~ ~ l(J0 ~ \ :t. ~ Other DATED: IA. - " - D ~ :: f . %. '0 .. ,lCiMrlerk ~. .... h.. ~~- ~ ......... Q 't- ~ S \PlanninqISHAAEO\WP\PAOJECTSINAUTICAIA8AN 02-002\00. d{lSi'/,f/ F L 0 ~ \ \~~ . "11111/11111\1\\\\\\" DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-211 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner DATE: October 3,2002 SUBJECT: Nautica PUD Right-of-way Abandonment ABAN 02-002 NATURE OF REQUEST: This request to abandon a public right-of-way was submitted on May 15, 2002. The applicant, Michael A. Rodriguez, Esq. agent for Nautica Homeowners Association, is requesting to abandon the Nautica Boulevard right-of-way (Tract "B"). The abandonment will also include a small portion of the Bermuda Sound Way right-of-way. The plat shows that this portion of Bermuda Sound Way is a component of Tract "8". The entire right-of-way of Nautica Boulevard (including that small portion of Bermuda Sound Way) as shown on the survey will be converted to private road and the Home Owners Association will grant to the City, a utility easement over that roadway for utility and maintenance purposes. In addition, the portion of Nautica Boulevard that directly abuts the City park (Tract "0") will be coverted to a private roadway and granted to the City, both as a utilty easement and as an access easement. The attached Exhibit "B" shows the location of the applicant's property and includes a diagram of the specific rights-of-way to be abandoned. BACKGROUND: The aO-foot wide right-of-way (Tract "B") currently functions as the primary means of ingress / egress to the residents of Nautica PUD. The Home Owners Assocation of Nautica PUD has expressed future interest for possible roadway improvements (such as the installation of speed humps) as well as increased security measures (gated entranceways). Nautica Boulevard, a loop road, directly connects to Lawrence Road at two different points. ADJACENT USES: (see Exhibit "A" - Location Map) North: Nautica PUD Plat One, City of Boynton Beach Park (Tract "0") South: Nautica PUD Plat Two East: Lawrence Road right-of-way West: Nautica PUD (Recreation Tract) Page 2 Memorandum No. PZ 02-211 ABAN 02-002 ANAL YSIS: If the abandonment is executed, both halves of the aO-foot wide right-of-way of Tract "B" would be deeded to the HOA, except for the half (40-feet) directly adjacent to Tract "0" (City park). This half (abutting the public park) would be owned by the City. However, the City would then Quit- Claim this half back to the HOA so that the HOA would maintain the right-of-way. Finally, the aO-foot wide right-of-way (only abutting Tract "0") will serve as a utility easement and also as an access easement. Converting Nautica Boulevard (Tract "B") to a utility easement will allow for service and emergency vehicles to access the roadways I utility infrastructure if the need arises. An access easement, however, would only allow the public to access the City park (when the park is developed). The HOA submitted the necessary documents to abandon the right-of-way and convert it to a utility easement I access easement. It is staff's understanding that the Homeowners Assocation (HOA) of Nautica PUD wants to convert the Nautica Boulevard right-of-way from a public road to a private road in order to facilitate possible future improvements within the right-of-way (such as gating the entranceways or installing speed humps). Any future consideration for gating one (1) or both of the development's main entrances or to install traffic calming devices would require separate staff review. This staff report neither addresses nor anlyzes the gating of the entranceways or the installation of traffic calming devices. If this abandonment is approved, a master plan modification to the Nautica PUD would be required should the HOA request these major types of improvements. With consent from staff, a private road within a residential subdivision, such as Nautica Boulevard, could be closed off to the public provided that fire and emergency ingress I egress is maintained. The following responses were received from the affected parties: CITY DEPARTMENTS Engineering 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 (Comcast) Approval with conditions (see Exhibit "0") Approval with conditions (see Exhibit "0") No objection No objection N/A RECOMMENDATION: Staff recommends that this request to abandon the right-of-say be approved, subject to the comments included in Exhibit "c" - Conditions of Approval. Any additional comments recommended by the Planning and Development Board or by the City Commission will be placed in the Conditions of Approval. xc: Central File S:IPlanningISHARED\ WPIPROJECTSINAUTICA IABAN 02-002IStaff Report.doc Location Map Nautica Abandonment EXHIBIT "A" I I I I I I I I ! I I lIJ]j ~~. ~ !I ", r ~ \~ III!{ I~EBI'lI / ~ ~ tJ ":!., rTT"I", .:;jIef ' ~ I .'-:::,- ",'8 ,', TTTt:: ~ ' , ,&-! iSJW. ~'"J;~( Alii "'"' ,;co<:. 1&,,'1 J~ ~a . [;;;1lDo.:m.t f-1-r- j~ r----: : , "K::U~~ t=:1~' , '^ .0'1. ..... ~,\G.\ or J/~' '~Jk I ~ L--- '&~...! ~ t. . '" fi r=:J'B / -.' J)\E . j I ,)IL '~~~~QI\)) L-I [~ r;~ ~I ' ffiHB,._ ~ ,~ ~L-- I( , l' f', :- " . ',:-----:il ' AG ~~,::~;J) , ~. ~ ~~'ft, .' "'~Y/I ~~. ,y I . ',..-.~ i~l.::~~<~, lr' II ~ -l "\ ) ~~~ /'1' ./:v", ' 'J ~-ar =1' , Il ." ,',' "~)x' , ..~. , , . I ~ ' ! // ..., i ,I..... /1/ r~R1AA 'I ~ ~ fill ~W Ij~ '\ I 1 -I Ii l/lIOr--~tI r-- ~ 0- r', III 1 chc ( J::[ ~ r~ 1111II I"" .. OR1AASI 3 , nr\' L I ~ II crmmn~ 1\,1 I II NW ??t rtll II - I I I I I ! I I I I - ~ '"" / ,1-, c- t--- 4 - I I I I I I I I I I~~ III ~ . UUI!lIIll!Jl ~~\ I [ 1Dl' -j ~ I ffi ffi1 I ~ 1-1 1i III IBAIHIA WlxY I I I ffi ffi \ '-- ~ ~ ~L .~ ffiffi I- I~ IIIIII I ffiffiffiffiffi I U. 111111111111 I~ - I ! I I I 1_.... I ~ wi- EXHIBIT "B" PLAT LIMITS I-----~------------- I I I I I I I I I 200 0 200 I b---....-.:.-~ SKETCH OF DESCRIPTION NAUTICA BOULEVARD TRACT .B., NAUTICA P.U.D. (PB 74, PG. 170-175 P.B.C.R.l CITY OF BOYNTON BEACH PALM !lEACH COUNTY. FLORIDA LfQE!:ill P PBCR PB PG LB PSM ORB FPL R A L 6 t I I I J PLAT PALM BEACH COUNTY RECORDS PLAT BOOK PAGE LICENSED BUSINESS PROFESSIONAL SURVEYOR AND MAPPER OFFICIAL RECORD BOOK FLORIDA POWER AND LIGHT RADIUS ARC LENGTH DELTA CENTERLINE DA TE 01 -03-02 DA TE SCALE AS SHOWN FIELD BK. N/A DWNG. BY LH.G. CHK. BY R.K.K. REVISIONS eKEITH AND SCHNARS, P.A. · 9 LB Ill7 ENGfEERS - PLANNERS - SURVEYORS ilOII H.IIOlUS Iii, fl.llllllmllE.fl.IIlOI'lIllM II"" SHEET NO.~ Of 6 SHEETS DRAWING NO. /6937L- EXHIBIT "C" Conditions of Approval Project name: Nautica PUD Right-of-way Abandonment File number: ABAN 02-002 Reference: Abandon Nautica Boulevard right-of-way DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None 1. A utilities easement encompassing the entire Nautica Boulevard right-of-way X shall be dedicated to the City of Boynton Beach. This dedication shall occur prior to final recordine of the abandonment. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT A LIST Conditions of Approval ') - DEPART~(ENTS INCU..rDE REJECT - Commencs: None X PLANNING AND ZONING 2. To ensure the intended use and maintenance of abandoned right-of-way for X private access purposes. the appropriate documents(s) or plat shall be amended accordine:lv. 3. Project will require approval of Florida Power & Light and BellSouth X Telecommunications Inc. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 4. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 5. To be determined. ~ (2rnp U . S;IPlanning\SHAAEOIWP\PROJECTS\NAUTICAIASAN 02.oo2\COA.doc L< " ORDINANCE NO. 02- 05'l AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF THE NAUTICA BOULEVARD RIGHT-OF-WAY, INCLUDING A PORTION OF BERMUDA SOUND RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE REPLACED BY A UT~ITY EASEMENT FOR THE ENTmE ABANDONMENT, AND DEDICATED ACCESS EASEMENT FOR A PORTION OF TRACT "B"; AUTHORIZING EXECUTION OF A DISCLAIMER, WInCH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the applicant, Michael A. Rodriguez, Esq., agent for Nautica Homeowners Association, has requested the abandonment ofNautica Boulevard nght-of- way, which also includes a small portion of the Bermuda Sound Way right-of-way; and WHEREAS, this abandonment will be replaced by a utility easement on the entire right-of-way and an access easement for the following parcel: That portion of Nautica Boulevard, Tract "B", in its entirety, adjacent and abutting tract "D" Nautica P.D.D. under the control of Nautica Homeowners Association, as recorded in Plat Book 74, Page 174 of the Public Records of Palm Beach County, Florida. WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development 'Board and the City Commission on the proposed abandonment; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION. OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida by and through its City Commission, in return for the requisite access and utility easements, does hereby abandon the 80-foot wide right-of-way (Tract "B"), including that small portion of Bermuda Sound Way, and more particularly set out in the Location Map, sketch and legal description attached as composite Exhibit "A", and subject to the Conditions of Approval as attached in Exhibit "C", and all other staff comments. :\CAlOrdinanceslAbandonmentslNautica Abandonmenl.doc Section 3. Execution is hereby authorized and the City Clerk shall be directed to deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this 19- day of November, 2002. SECOND, FINAL READING AND PASSAGE THIS ~ day of December, 2002. Clerk . . \\\\\illll/ltllll - \,\, . II/, ~,\ '~N T..) 'v ~ ~" .-...0 '.~ ~ ~ v .............. (7~ ~ S ~ ..o..~OA.,qr""::.. .., ~ :i 0 lee; '0 '~'. (') ~ == >- :~ ~ :l: = :: .- 1- i- % -0 \. ~ 920 ./ ~ ~ .'.. \ ..... $ ~ .......... Q ~ ,,' ~/II FLO~\ ,\'\~ II' \\\\' '1/1111111\1\\ ' :ICAIOrdinanceslAbandonmenlSlNautica Abandonment.doc DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-211 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner DATE: October 3,2002 SUBJECT: Nautica PUD Right-of-way Abandonment ABAN 02-002 NATURE OF REQUEST: This request to abandon a public right-of-way was submitted on May 15, 2002. The applicant, Michael A. Rodriguez, Esq. agent for Nautica Homeowners Association, is requesting to abandon the Nautica Boulevard right-of-way (Tract "B"). The abandonment will also include a small portion of the Bermuda Sound Way right-of-way. The plat shows that this portion of Bermuda Sound Way is a component of Tract "B". The entire right-of-way of Nautica Boulevard (including that small portion of Bermuda Sound Way) as shown on the survey will be converted to private road and the Home Owners Association will grant to the City, a utility easement over that roadway for utility and maintenance purposes. In addition, the portion of Nautica Boulevard that directly abuts the City park (Tract "0") will be coverted to a private roadway and granted to the City, both as a utilty easement and as an access easement. The attached Exhibit "B" shows the location of the applicant's property and includes a diagram of the specific rights-of-way to be abandoned. BACKGROUND: The 80-foot wide right-of-way (Tract "B") currently functions as the primary means of ingress / egress to the residents of Nautica PUD. The Home Owners Assocation of Nautica PUD has expressed future interest for possible roadway improvements (such as the installation of speed humps) as well as increased security measures (gated entranceways). Nautica Boulevard, a loop road, directly connects to Lawrence Road at two different points. ADJACENT USES: (see Exhibit "A" - Location Map) North: Nautica PUD Plat One, City of Boynton Beach Park (Tract "0") South: Nautica PUD Plat Two East: Lawrence Road right-of-way West: Nautica PUD (Recreation Tract) Page 2 Memorandum No. PZ 02-211 ABAN 02-002 ANALYSIS: If the abandonment is executed, both halves of the aO-foot wide right-of-way of Tract "B" would be deeded to the HOA, except for the half (40-feet) directly adjacent to Tract "D" (City park). This half (abutting the public park) would be owned by the City. However, the City would then Quit- Claim this half back to the HOA so that the HOA would maintain the right-of-way. Finally, the aO-foot wide right-of-way (only abutting Tract "D") will serve as a utility easement and also as an access easement. Converting Nautica Boulevard (Tract "B") to a utility easement will allow for service and emergency vehicles to access the roadways I utility infrastructure if the need arises. An access easement, however, would only allow the public to access the City park (when the park is developed). The HOA submitted the necessary documents to abandon the right-of-way and convert it to a utility easement I access easement. It is staff's understanding that the Homeowners Assocation (HOA) of Nautica PUD wants to convert the Nautica Boulevard right-of-way from a public road to a private road in order to facilitate possible future improvements within the right-of-way (such as gating the entranceways or installing speed humps). Any future consideration for gating one (1) or both of the development's main entrances or to install traffic calming devices would require separate staff review. This staff report neither addresses nor anlyzes the gating of the entranceways or the installation of traffic calming devices. If this abandonment is approved, a master plan modification to the Nautica PUD would be required should the HOA request these major types of improvements. With consent from staff, a private road within a residential subdivision, such as Nautica Boulevard, could be closed off to the public provided that fire and emergency ingress I egress is maintained. The following responses were received from the affected parties: CITY DEPARTMENTS Engineering 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 (Comcast) Approval with conditions (see Exhibit "D") Approval with conditions (see Exhibit "D") No objection No objection N/A RECOMMENDATION: Staff recommends that this request to abandon the right-of-say be approved, subject to the comments included in Exhibit "c" - Conditions of Approval. Any additional comments recommended by the Planning and Development Board or by the City Commission will be placed in the Conditions of Approval. xc: Central File S:IPlanninglSHAREDI WPIPROJECTSINAUTICA IABAN 02-002IStaff Report,doc EXHIBIT "C" Conditions of Approval Project name: Nautica PUD Right-of-way Abandonment File number: ABAN 02-002 Reference: Abandon Nautica Boulevard right-of-way DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None 1. A utilities easement encompassing the entire Nautica Boulevard right-of-way X shall be dedicated to the City of Boynton Beach. This dedication shall occur prior to final recording of the abandonment. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PLANNING AND ZONING 2. To ensure the intended use and maintenance of abandoned right-of-way for X private access purposes, the appropriate documents(s) or plat shall be amended accordingly. 3. Project will require approval of Florida Power & Light and BellSouth X Telecommunications Inc. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 4. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 5. To be determined. S:IPlanningISHAREDIWPIPROJECTSINAUTICAIABAN 02-002ICOA.doc Meeting Minutes Regular City Commission Bovnton Beach. FI9rida November 6. 2002 Motion Commissioner Ferguson moved to approve the appointments. Motion was seconded by Commissioner McCray and carried 4 to O. v. ANNOUNCEMENTS" PRESENTATIONS: A. Announcements: None B. Presentations: 1. Proclamations: a. "Boynton Veterans Council - Veterans Day Memorial Celebration" - November 11, 2002 Mayor Broening read the Veterans Proclamation and presented it to Gerald Levine of the Boynton Veterans Council. Gerald Levine, Acting Chairman ot the Boynton Veterans Council, commented on voting and how the democratic process in this country is working. Throughout the history of the United States, our Armed Forces have defended the principles of free choice. We should thank our servicemen who are protecting us and remember the veterans who are in V.A. hospitals. Mr. Levine felt that some of the ways that citizens could honor our veterans was to fly the flag and attend programs honoring the veterans and those currently serving our country. VI. PUBLIC HEARING: AGENDA PERMITS 6:30 P.M. OR AS SOON THEREAfTER AS THE A. Project: Agent: Owner: Location: Description: Nautica Right-ot-Way (ABAN 02-002) Michael Rodriguez, Esq., Sachs, Sax, & Klein, P.A. Nautica Homeowner's Association Nautica PUD at Lawrence Road Request for abandonment of the Nautica Boulevard right-of- way to be replaced by a dedicated access and utility easement in the Nautica PUD City Attorney Cherof explained that this was a site-specific request for abandonment of a portion of a road. He swore in everyone who would be testifying and requested that if anyone had any additional documents to submit into the record, they submit them to the Clerk. 4 Meeting Minutes Regular City Commission Bovnton Beach. Florida November 6. 2001 Mike Rumpf, Director of Planning & Zoning, presented the item. It is a request for abandonment of the Nautica Boulevard right-of-way including a small portion of the Bermuda Sound Way right-of-way. They would be converted to a private road and the Homeowners Association would grant a utility easement to the City for utility and maintenance purposes. In addition, the portion of Nautica Boulevard that directly abuts the City park would be converted to a private roadway and granted to the City as a utility easement and an access easement. The Homeowners Association wants to convert the Nautica Boulevard right-of-way from a public road to a private one in order to facilitate possible future improvements within the right-of-way, such as gated entranceways or installing speed controls. Staff recommends approval of this item subject to comments, including requiring the establishment of a utility easement and the incorporation of the abandoned roadway into the association documents to ensure maintenance of the road. Michael Rodriquez, agent for the applicant, agreed to the conditions. Bob Ensler, 26 Woods Lane, explained that he had voted against this as a member of the Planning & Development Board. However, he stated that he was not really against the application but had concerns because there is no plan to handle safety and security. He suggested that this item be held until there is a total plan for future improvements. Commissioner Fisher arrived at approximately this point during the meeting. Mr. Rumpf reported that staff had no concerns since the applicant understands that a master plan modification would be required if they alter access to the roadway and any alterations would have to be permitted. Also, there is plenty of space and ability to design safe gated entranceways. Staff believed that the easements agreed upon would provide access. Motion Commissioner Ferguson moved to approve the request for abandonment. Motion was seconded by Commissioner Fisher and carried 5 to O. VII. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. 5 Meeting Minutes Regular City Commission Bovnton Beach. Florida November 19. 2002 XII. LEGAL: A. Ordinances - 2nd Reading - PUBUC HEARING 1. Proposed Ordinance No. 02-054-8 Re: Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) (The Harbors) City Attorney Cherof read proposed Ordinance No. 02-054-B by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 02-054-B, Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 2. Proposed Ordinance No. 02-055 Re: Rezoning from Community Commercial (C-3) to Infill Planned Unit Development (IPUD) (The Harbors) City Attorney Cherof read proposed Ordinance No. 02-055 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 02-055. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 02-059 Re: Abandonment of the Nautica Boulevard right-of-way to be replaced by a dedicated access and utility easement in the Nautica PUD City Attorney Cherof read proposed Ordinance No. 02-059 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 02-059. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 17 Meeting Minutes Regular City Commission Boynton Beach, Florida December 3, 2002 Vice Mayor Ferguson had concerns that there would be no industrial land left if the ordinance passed. Commissioner McKoy wanted to insure that there would be enough green space in the City and suggested that a further study be undertaken. Mayor Broening informed Commissioner McKoy that there is a consultant currently conducting a greenway study. Mayor Broening asked what constitutes prime industrial land. He was not sure if any such land existed in Boynton Beach. To him, prime industrial land is already bought and used for industrial purposes. Mayor Broening pointed out that the ordinance will give this Commission and future Commissions the ability to move ahead, rather than wait for the market to change, if it ever does. Quintus Greene, Director of Development, noted in his report of November 27th that of the 154 acres remaining for industrial development in the City, there were only six parcels that contain two or more acres. Now, there are only five, because this past week one of those parcels was taken off the market. Commissioner Weiland inquired if the ordinance were passed tonight, would this allow a developer to purchase an industrial zoned parcel of land that is already developed, raze it, and build residential on the site. Mr. Greene responded that this is possible, but it would still have to go through the approval process. Commissioner Weiland felt that any industrial space in the City is prime, if a developer can get the property rezoned to its liking. Motion Commissioner McCray moved to approve proposed Ordinance No. 02-058. Mayor Broening passed the gavel and seconded the motion. City Clerk Prainito called the roll and the motion carried 3-2 (Vice Mayor Fel!luson and Commissioner Weiland dissenting.) 3. Proposed Ordinance No. 02-059 Re Abandonment of the Nautica Boulevard right-of-way to be replaced by a dedicated access and utility easement in the Nautica PUD City Attorney Cherof read proposed Ordinance No. 02-059 by title only. Motion Vice Mayor Ferguson moved to approve proposed Ordinance No. 02-059. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 19