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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 I. -, . '-'---1 '1111 I I _ G\, I t '\~ 4i3\ll SE 2JRD AVEII/E - :! I '! I I == -IIlIU 'M lil11li 'Ill., == II I! ~ " - ~ G ~ III -' ... _H_ q: e .... - - , THIS SKETCH I .-.I :.&. . ~ ~ 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 _L~ l _. ._. - _.._. .n_ _ ____ .~.._. --.. -.. - - -.. -..... ..-..-.. -.. -SW-'~Rl1.;WE-NUE-- {6eL+- ROA-et--._. - - -. _. 50' RIW (P.B. 23. PG.I~4. P.B.C.R.l J( I I i9 I ~ ..... 0 I -' 17 18 I..&J I :z ! ::J l- V') -< Wool ::!: ..... o -J o 40 GRAPI-IC S~AL~ 1 IN reF i -...-,--- 13 14 15 16 ~ ::. I- ~ !Ie 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