REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 06-085
FROM:
Chair and Members
Community Redevelop.ment Agency Board
Michael W. RumPf('\?~
Planning and Zoning Director
Ed Breese t?b)
Principal Planner
TO:
THRU:
DATE:
May 24, 2006
SUBJECT:
Coastal Bay Colony - Abandonment of a utility easement
ABAN 06-003
NATURE OF REQUEST:
This request to abandon a portion of a utility easement was submitted on December 30, 2005. The
applicant, Carlos J. Ballbe, agent for Southern Homes of Palm Beach II, LLC, is requesting to abandon a
ten (10) foot wide utility easement located on the Coastal Bay Colony plat. It is described as follows:
The south 10 foot of Lots 14, 15, 16, 17 and 18, Robinson Addition, according to the plat thereof
as recorded in Plat Book 23, Page 144, of the public records, Palm Beach County, Florida.
The location map attached as Exhibit "A" shows the general vicinity of the utility easement to be
abandoned. The attached Exhibit "B" shows the location of the proposed abandonment and its legal
description, while Exhibit "c" depicts an enlarged/detailed version of the proposed abandonment.
The following is a description of the zoning districts and land uses of the properties that surround the
subject easement.
(see Exhibit "A" - Location Map)
North: Developed lots within the Coastal Bay Colony PUD, then farther north developed
residential property classified Local Retail Commercial (LRC) and zoned C-2
(Neighborhood Commercial);
South: Developed lots within the Coastal Bay Colony PUD, then farther south developed
commercial property (dental Office) classified Local Retail Commercial (LRC) and zoned C-
3 (Community Commercial);
East: Developed commercial property (Sunoco gas station), then farther east right-of-way for
Federal Highway, then developed multi-family residential (Hampshire Gardens
condominiums) designated High Density Residential (HDR) and zoned R-3 (Multi-family
Residential);
West: Two residential structures zoned Office Professional (C-1), then farther west developed
residential property (Kensington) designated High Density Residential (HDR) and zoned
IPUD (Infill Planned Unit Development).
Page 2
Memorandum No. PZ 06-084
ABAN 06-002
BACKGROUND:
Coastal Bay Colony is a Southern Homes project located just south of Golf Road (SE 23rd Avenue), on the
west side of South Federal Highway. The Coastal Bay Colony site plan, approved on February 18, 2003 by
the City Commission, authorized the construction of 64 fee-simple townhouse units on 4.34 acres. As part
of that approval, the applicant proposed to relocate utilities to make better use of the parcel. As a result,
a 10-foot wide FP&L utility easement which previously served the homes fronting on SE 23rd Avenue (at
the rear of Lots 14-18 in Robinson Addition) became unnecessary with the re-platting of the property and
subsequent demolition of these structures. The plat for the PUD was subsequently adopted, with a
notation that the easement was to be abandoned. The applicant is now formally requesting the
abandonment of this easement that was originally contemplated.
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:
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)
No objection
No objection
No response as of this date
No objection
N/A
RECOMMENDATION:
Staff recommends that this request to abandon the ten (10) foot wide easement described above be
approved, with the condition of approval that the applicant provide a letter of no objection from Florida
Public Utilities (FPU). Any conditions recommended by the Community Redevelopment Agency Board or
required by the City Commission will be placed in Exhibit "0" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Southern Homes\Coastal Bay Colony\ABAN 06-003\Staff Report.doc
..
1 in. = 154.0 feet
Coastal Bay Colony Exhibit A
LEGAL DESCRIPTION:
THE SOOTH 10 FOOT OF LOTS I~, 15, 16. 11 AND 18, ROBINSON ADDITION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN FLAT BOOK 23, PAGE
14~, Of THE PUBLIC RECORDS. PALM BEACH COUNTY. FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLlOWSI
BEGINNING AT SOUTHWEST CORNER OF SAID LOT I~I THENCE NORTH 00'55'17W
WEST ALONG THE WEST LINE O~ SAID LOT 14, A DISTANCE OF 10.00 FEET
TO A liNE BEING 10 rOOT NORTH OF AND PARALLEL WITH THE SOUTH LINE OF
SAID PLATa THENCE NORT~ 89*Q4'23w EAST ALONG SAID PARALLEL liNE.
268.00 FEET TO THE EAST LINE OF SAID LOT 18; THENCE SOUTH 00*55'37.
EAST ALONG SAID EAST LINE. 10.00 TO THE SOUTHEAST CORNER Of SAID LOT
IBI THENCE SOUTH 89'O~'23. WEST ALONG THE SOUTH LINE OF SAID PLAT.
268.00 FEET TO THE POINT O~ BEGINNING.
$Al0 LANDS LYING IN THE CITY OF BOYNTON BEACH. PAL~ BEACH COUNTY.
fLORIDA, CONTAINING 0,062 ACRE (2680.00 SOUARE ~EET) YOAE OR lESS.
EXHIBIT B
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SE 2JRD AVEII/E
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, THIS SKETCH
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NOT TO SCI\LE
LOCATION SKETCH
SURVEYOR'S NOTES.
1. NOT VALID WITHOUT THE SICNATURE AND THE ORIGINAl RAISED SEAL OF A FLORIDA
LICENSEO SURVEYOR AND ~PER.
2. ADDITIONS OR DELETIONS TO SLRVEY MlPS OR REPORTS BY OTHER THAN THE SIGNING
PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING
PARTY OR PARTIES,
3. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-or-lAY. EASEWENTS.
OWNERSHIP. OR OTHER INSTRUli(NTS OF RECORO.
4. BEARINGS SHOIN HEREON ARE RELATIVE TO AN ASSUWED BEARING or NORTH 89004'23~
WEST ALONG THE SOUTH LINE OF ROBINSON ADDITION, (PlAT BOOK 23, PAGES I~~.
PALM BEACH COUNTY RECORDSl,
5. THE LEGAL DESCRIPTION HEREON WAS PREPARED BY THE SURVEYOR.
6. THIS SKETCH IS NOT A BOUNDARY SURVEY AS SUCH_
SURVEYOR'S CE~~fICATEI
I HEREBY CE ~~ l~ THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED
PROPERTY I . ~~ TED TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION AS
DELINEATED: E~~ DIRECTION. I FURTHER CERTifY THAT THIS SKETCH OF DESCRIPTION
'fITS TH "I I.t. TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD Cf
PROtESSIO LI E~ORS AND MAPPERS IN CHAPTER 6IGI7-6. FLORIDA ADMINISTRATIVE
COOE, ..PU TP SECTION ~72.027, FLORIDA STATUTES, SUBJECT TO THE OUALIFICA-
TI ONS N(I E H EON..
BY' ^J:JJ. 'I DATE. 10-10-05
' DONAtI ~.:L.fi oo;u. w.
fLORIDA' REGI~TRATI0N NO. ~380
ATCANlIC;~'BBEAN YAPPING INC.
REVISION:
SKETCH OF DESCRIPTION,10' UTlUTY EASEMENT VACATlON,
THE SOUTH 10 'OF LOTS 14, 15, 16, 11 & 18,
ROBINSON ADDITION, (P,B.23r PG. 144. P.B.C.R.) LYING IN SEcnON 33-45-43,
CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA
BY: OA T~: CAD FLE: O29OSDOUlCN
DRAWN: TOl 10-20-03 SCALE:: 1'=40'
CHECKED: DL T 10-10-05
FIELDWORK: NA NA PRO~CT:. 230290
FIELDBOOK NA .PG. NA SHEET I OF 2
~--.
5uRv~OR5
AND MAPPERS
ATLANnC - CARIBBEAN MAPPING, INC.
3070 JQG RI)AI) , OR€E:NA(RES. '1.01t1(lA .>>461
(S&1I <)64-7884 - FAX 15611 964-I9M - E-MAL AC....ACNINC.ee
. . . . ... ,.. ...................... ........ ....... . -.. ............... .. ,
EXHIBIT C
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- - -.. -..... ..-..-.. -.. -SW-'~Rl1.;WE-NUE-- {6eL+- ROA-et--._. - - -. _.
50' RIW (P.B. 23. PG.I~4. P.B.C.R.l
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GRAPI-IC S~AL~ 1
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R . BINSON ADDI7i ON
(P.~23, PG. 144, P.S. .R,)
-10' lJ1l~ITY EASEMENT VACAl N
0.062 ACRE 12.680.00 SJE FEETb
rio' UTILITY EASiER UP .8.23. Pc. 1lI~. P .a.C.R.1
I
o
. '
----~-----~~~~~------SE~NER-
- - P.O.B. a (REFERENCE BEARH;) LEGEND: lOT 18
SW CORt>ER 2
LOT 14 UNPLAITED ~cw: ~J~~~I~I~~IBB[AN MAPPING INC.
COR . CORNER
La . LICENSED BUSINESS
P.O.B. . POINT OF BEGINNING
P.S.M. ' PROFESSIONAL SURVEYOR ANO MAPPER
SEe . SECTION
REVISION:
~. =00NAl
5URVEYORS
AND lWlPtl\S
ATLANTIC - CARIBBEAN MAPPING INC.
3011) JOe flOAO . ~EENACRES. FLOflIDA 33.016'"
15611 96"'-188'" - FAX (56'.96.01-1969 - [-MAL AC...."C..INC.CC
SKETCH OF DESCRIPTION,10' UllUTY EASEMENT VACATION,
THE SOUTH 10 ' OF LOTS 14, 15, 16, 17 & 18,
ROBINSON ADOmON, (P.B.Z3, PG.144, P.B.C.R.1 L YlNG IN SECTION 33-4S-43,
CIN OF BOYNTON BEACH PALM BEACH COUNTY R.ORIDA
BY: DATE: CAD FILE: 0290S~
ORAWN; TDL 10-20-03 SCALE: 1'::20'
CHECKED; DL T 10-10-05
FIELDWORK; NA NA PROJ(CT: 230290
FIEI.OBOOK NA ,PG.NA SHEET 2 OF 2
.. ,. ....................... ..,.. ......................
EXHIBIT "D"
Conditions of Approval
Project name: Coastal Bay Colony
File number: ABAN 06-003
Reference:
DEPARTMENTS INCLUDE REJECT
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:
1. The applicant shall provide a letter of no objection from Florida Public
Utilities (FPU) prior to the City recording the abandonment ordinance in the
county records.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Southern Homes of Palm Beach\Coastal Bay Colony\ABAN 06-003\COA.doc