REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 06-084
FROM:
Chair and Members
Community Rede~~lopp,)e~ Agency Board
Michael W. Rumpf ~
Planning and Zoning Director
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
May 22, 2006
SUBJECT:
Coastal Bay Colony - Abandonment of a utility easement
ABAN 06-002
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:
Commencing at a point being on a line 385.56 feet south of the north line of the said southeast
one-quarter (SE ~) as intersected with a line being 33. 00 west of and parallel with the centerline
of South Federal Highway (U.S. Highway No.1) as shown on the Florida Department of
Transportation Right-of-way map, Section 9301-205-93010-2501 State Road No. 5, Sheet 3 of
10; Thence South 04033'08" West along said parallel line, 100.00 feet to line being 485.10 foot
south of and parallel with north line of the said southeast one-quarter (SE ~) ; Thence South
8900423" West along said parallel line, 295. 00 feet to the point of beginning; Thence continue
South 8900423" West along said parallel line, 55. 00 feet to a line being 251.25 east of and
parallel with the west line of the northeast one-quarter (NE ~), of the southeast one-quarter (SE
~) , of said Section 33; Thence North 01 030VO" West along said parallel line, 99.55 feet to a line
being 385.56 foot south of the north line of the southeast one-quarter (SE ~) of said Section 33;
Thence North 8900423" East along said parallel line, 10 feet; Thence South 01030'00" East,
89.55 feet; Thence North 8900423" East, 45.10 feet; Thence South 0005537" East, 10.00 feetto
the point of beginning. Containing 0.033 acre (1,445.98 square feet) more or less.
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
commercial property (Sunoco gas station) classified Local Retail Commercial (LRC) and
zoned C-3 (Community Commercial);
Page 2
Memorandum No. PZ 06-084
ABAN 06-002
South: Developed commercial property (dental office) classified Local Retail Commercial (LRC)
and zoned C-3 (Community Commercial);
East: Developed lots within the Coastal Bay Colony PUD, 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: The SW Corner of the Coastal Bay Colony PUD Plat, then farther west developed
residential property (Los Mangos) designated High Density Residential (HDR) and
zoned R-3 (Multi-family Residential).
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 by the City Commission
on February 18, 2003, 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 utility easement, in an "L" shaped configuration at the southwest corner of the property
and containing a sanitary sewer line, became unnecessary once the line was relocated. 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
NjA
Page 3
Memorandum No. PZ 06-084
ABAN 06-002
RECOMMENDATION:
Staff recommends that this request to abandon the "L" shaped, ten (10) foot wide easement as 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 "D" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Southem Homes\Coastal Bay Colony\ABAN 06-002\Staff Reportdoc
...
1 in. = 154.0 feet
Coastal Bay Colony Exhibit A
EXHIBIT B
.. ............ . ........................... .... .
LEGAl orSCRIPTIONI
A PORTION Of' THE SOUTHEAST ONE-QUARTER ISE 1/4), SECTION 33t TOWNSHIP
4S SOUTH, RANGE 43 EAST. CITY OF BOYNTON 8EACH, PALM SEAtH COUNTY,
FlORIDA BEING t.()RE PARTICUlARLY DESCRIBED AS FOLLOISI
COMMENCE AT A POINT BEING ON A LINE 385.56 FOOT SO~TH OF THE NORTH
LINE OF THE SAIl) SOUTHEAST ONE.QUARTER (SE 11-1 J AS INTERSECTED 11TH A
liNE BEING 33.00 WEST OF AND PARAlLEL 11TH THE CENTERLINE OF SOUTH
FEDERAL HIGHWAY (u.S, HIGHWAY No. II AS SHOWN ON THE FlORIDA DE.PARTIENT
OF TRANSPORTATION RIGHT Cf IAT MAP, SECTION 9301-205-'3010-2501 STATE
ROAD NO.5. SHEET 3 OF 101 THENCE SOUTH 0~'33'08" lEST AlONG SAID
PARALLEL LINE, 100.00 FEEl TO LINE BEING "'85.10 FOOT SOJTH OF A~
PARALLEL WITH NORTH LINE rF THE SAID SOUTHEAST ONE-QUARlER IS[ ""']a
THENCE SOUTH 89'04'23. WEST ALONG SAID PARAlLEL LINE, 295.00 FEET TO
THE POINT or BEGINNINGc THENCE CONTltlJE SOUTH 89'(Wn. WEST AlONG SAID
PARALLEL LINE, 55.00 FEET TO A liNE BEING 251.25 E~ST OF AND PARALLel
.nH T~ WEST LiNt OF' THE NORTHEAST CWE-QUARfER IrE 1141, OF THE SOUTH~
EAST ONE-QUARTER 1St I I~I, or SAID SECTION 33. THE~CE "ORTH 0'-30'00w
~ST AlONG SAID PARAlLEL LINE. 99.55 FEET TO A lIN~ BEING 38S.56 FOOT
SOUTH (J' TilE NORTH LINE (J' THE SOOD€AST ONE-QUARTER lSE 1/-4>> OF' SAID
SECTION 33c THOCE NORTH 89-~'23. EAST ALONG SAID P~RAlLEL LINE, 10.00
FErTc THENCE SOUTH 01130'00" EAST, 89.55 FEET. THE~CE NORTH B91004'23"
EAST~ ~5-IO FEETI THENCE SOUTH 00'55'37" EAST. 10.00 FEET TO THE POINT
OF 8EGINNINGl
SAID lANOS L'lING IN TI€ CI TY OF BOYNTON BEACH, PAUl BEACH COUtITY.
FLORIDA. CONTAINING 0.033 ACRE 11,""5.9B SOOARE frET) MORE m LESS.
SURVEYOR'S NOTES.
I. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGiNAl RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND NAPPER.
2. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THA" THE SIGNING
PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING
PARTY OR PARTIES.
3. LANDS SHOIN HEREON WERE NOT ABSTRACTED FOR RIGHTS-or-WAY. EASE~NTS.
OWNERSHIP, OR OTHER INSTRU~NTS OF RECORD.
~. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING Of NORTH 89004'23-
WEST ALONG THE NORTH lilt:: OF THE SOUTHEAST ONE -QUARTER I SE 114 I Of SECT! ON
33, TOWNSHIP ~5 SOUTH, ~3 EAST,
s. THE LEGAL DESCRJPTION HEREON WAS PREPARED BY THE SURVEYOR.
&. THIS SKETCH IS NOT A BOUNDARY SURVEY AS SUCH.
"
I
I
:J;
I
1O
.
t
~
:f:i
.
I
NOT TO SCALE
lOCA nON SKETCH
SURVEYOR'S
I HE~EBY'
PROPERTY
DELtNEAJE
I.EETS', 1 ..r
PROFESS I AL
CODE, p SU
liONS N 0
ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED
lED TO THE BEST (F M\' ItNOWlEDCE, BELIE~, AND ItI"ORMATlON AS
~!RECTION. I FURTHER CERTifY THAT THIS SKETCH OF DESCRIPTION
. lECHNI CAl STANDARDS SET FORTH BY THE FLORIDA BOARD OF
EYORS ~D MAPPERS IN CHAPTER 61GIT-6t FLORIDA ADMINISTRATJVE
; ,TO 'SECTION ~72.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICA-
E:oo.
8Y= "
DO 't.. , ., M.
FLORt ~'REG STRATION NO. 4380
ATLAN Ie CARIBBEAN MAPPING INC.
DATEI
10-10-05
REVISION:
~ =""""
SURVEYORS
AND ....PPERS
ATlANTIC - CARIBBEAN MAPPING,/NC.
30Tl) .JOG ROAO . ORCENACRES. f\ QIlIDA J3467
15611 '1&<11-1884 - FAX 15611964-1969 - E-ItAIL ACMltACMNC.CC
SKETCH OF DESCRIPTION, 10' UTILITY EASEMENT VACATION,
A PORTION OF THE SOUTHEAST ONE-OUARTER ISE Y4),
OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
CITY OF BOYNTON BEACH PAlM BEACH COUNTY FLORIDA
BY: DA TEi C'l) Flu Q290S002.ocr.
DRAWN: TOl 6-07-04 SCALE! '-.:40'
CHECKED: OL T 10-10-05
FIELDWORK; NA NA PROJECT: 2302'90
FIELOBOOK NA ,PG. NA SHEE T I O~ 2
NORTH LINE SE 1/4 SECTION 33
: _. .~~:Q.~~1~9t .J8~.E~8E!'i~~ AQFJNC).
r..J 1 ,.......-....-.......-..-..-....-..----..
:' LINE TABLE
, # B RING 0 151 ANCE
~ I S04G33'08"W 100.00'
I 2 Sago04'23"W 295.00'
I 3 S89a 4 '23" 55.00'
: 4 NOI030'OO"W 99.55'
I 5 N89004'23"E 10.00'
! 6 SO I Q 30 r OO"E 89.55'
. .;;r 7 N89004'23" 4 .10'
! J, 8 500055 '37"E 10.00'
I "'f
, ....
.-~ rrl
'I z
. 0
i F=
: ~
! L/)
. .....
I ::::.
.
.
I L.U
, VI
,
I "'l"
. ~
Q
u-l
<0
oq-
LECEND!
L.U
:z:
L.U
:z:
:::i
to-
V1
l.LJ
~
l-<---1
I
.
.
I
.
,
I
.
I
ACM
t
COR
La
POB
POC
PSM
RIVI
SEe
j!J
" ATLANTIC CARIBBEAN MAPPING INC,
. CENTER LINE
" CORNER
. LlCENSEO BUSINESS
. POINT OF BEGINNING
. PO (NT OF COt.t.(NCEilENT
, PROF€SSIQNAL SUAVEYOR iNO ~PPER
. RI(}fT OF WAY
. SECTION
. DESIGNATES COURSE IN LINE TABL~
PARALLEL LINE
~
....J
-I
.....
-'
.-I
<
SE V4 SECT/ON 33-45-43
(UNPLA rrED)
1- 10' UTILITY EASEMENl' VACATION
0.033 ACRE (1,"45,98 SOUARE FEETh
8
\ L PARALLEL lINE
LPOB
REVISION:
EXHIBIT C
CD
Lt"I
..n
ex>
......
~
.....
o ""1
I ("'
:.JRAf-lHIC setl. r
IN F'EE. ~
~
Q:
..... L 50.00'
~ I :l
L~ ! S?
I f POC! ~ ~
I I ! Q~
I' ,'ci~t;:;
-I =<=:......~
: >- a:: Vi
1 ! ~~..,
i ~~ d
I · 0;.: ~<:
. -.... to-. c:::)
viCl':"<:t
I .00
i 2B;~
~ ~I = ':-~t...I
iiZ I ia:;~
. -..l 33.00': ~:: t:;
;:;j I : 5:08
-.I -/,...l.f1
-I I <(~";'J
a: I . ~we
: ; i5~o
0.;: I ...., Q:' /Y"l
lj LL. '< t;-
::cQ....,
: I-gjO
~ => ~
I . 5i~o
I ~o::::ri
_, 'Q
; r...J~
.-..:..J a... t:=
. (,,)
! ~
f
,
I
I
i
SKETCH OF DESCRIPTlON,lO' UTILITY EASEMENT VACATION,
A PORTION OF THE SOUTHEAST ONE-OUARTER ISE 114),
OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
CITY OF BOYNTON BEACH PALM BEACH COUNTY FLORIDA
By: DATE: CJO REI O2mOl.OCIl
DRAW~I TOL 6-01~004 SCAI.E: 1":20'
CHECKEDI Dl T 10-10-05
FIELDWORKI NA NA PROJECT: 230290
FIELDBOOK NA .PG.NA SIiEET 2 OF 2
~--
PROfESSIDNAL
SURVEYORS
. ANO UAPPERS
ATlANTIC - CARIBBEAN MAPPING INC.
~070 ~Oli ROAD - CREEHACRES. FLORIDA 3346;'
IS61l 964-1884 . FAX ISIiIl 'I6~1'I6'J - E-/,lAt. ACMClACt.itIC.CC
. ., ..........,..... ....................... '. .
.... ..... ............................
EXHIBIT "D"
Conditions of Approval
Project name: Coastal Bay Colony
File number: ABAN 06-002
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 06-002\COA.doc
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 06-045
TO:
Ed Breese, Principal Planner
Planning & Zoning Division
H. David Kelley, Jr., PE/PSM t1
City Engineer
FROM:
DATE:
April 20, 2006
SUBJECT:
City Abandonment Petition No. 06-045
10-foot Utility Easement within
Coastal Bay Colony Record Plat (P.B. 101, Pg. 179 & 180)
Application by Carlos J. Ballbe, PE, Agent
This memorandum is in response to your Memorandum dated April 4, 2006 on the above noted subject.
A proposed legal description was located on the accompanying survey (of those lots noted in the
ROBINSON ADDITION record plat, but not a component of any application.
We note that both the BellSouth Company and the Florida Power and Light Company have not objection
to this vacation. Further, it was the intention of the notation shown on the Coastal Bay Colony record plat
to abandon the un-used utility easement. Therefore, this Division will support the abandonment
application. Please note that the limits of the abandonment will have to be defined in the application.
Further, keep this Division informed as to the progress of their application. If you have any questions,
please advise me at x6988.
xc: Jeff Livergood, PE, Dir. ofP.W.
Laurinda Logan, PE, Sr. Engr.
David Tolces, Esq., City Attorney's Office
Peter Mazzella, Deputy Utility Director
File