CORRESPONDENCE
I Ruden
~~ McClosky
222 LAKEVIEW AVENUE
SUITE 800
WEST PALM BEACH, FLORIDA 33401
(561) 838-4523
FAX. (561) 514-3423
JEFFREY REMBAUM@RUDEN.COM
MEMORANDUM
TO:
Boynton Beach CRA
FROM:
Jeffrey A. Rembaum, Esq.
PROJECT:
Ocean Breeze West, December 13, 2005 Agenda, Item E
RE:
Adjoining Property Owner Access
(not to scale)
[ll
Tract A - Owned by Ocean Breeze West
Tract B - Owned by HTM Leasing, LLC
Tract C - Owned by HTM Leasing, LLC
NE 1st Street
When a parcel of land is land-locked, it is an improper use of governmental power to
require an adjoining property owner to grant an access easement to the owner of the landlocked
parcel when the adjoining property owner can provide access through another parcel of property
it owns. Governmental action which forces a private property owner to grant access through its
property for the benefit of another, when alternatives exist, could give rise to inverse
condemnation litigation and a "Burt Harris" claim.
By way of background, the Boynton Beach Engineering Department suggests that Ocean
Breeze West provide access though its land to a landlocked parcel of land even though such
access is readily available through another parcel of land owned by the same entity that owns the
landlocked parcel. The above illustration renders a graphical representation of the facts at hand.
In short, the City's Engineering Department recommends that access to parcel "B", the
landlocked parcel, be provided through parcel "A", when, in fact, both parcels "B" and "C" are
owned by the same entity, HTM Leasing, LLC., and parcel "C" can provide access to parcel
"B" .
Easements which may be necessary to provide access to landlocked property are best
resolved between the property owners, without government interference, or through the judicial
system and legislature which, in limited circumstances, have created, by common law and
legislation, access easements that provide access to landlocked parcels. Under common law such
an easement is referred to as an "implied grant of way of necessity," and under the statutory
scheme, it is referred to as a "statutory way of necessity." See, Section 704.01 Fla. Stat. (2005).
In a similar case, the Third District Court of Appeal held that a landowner who had
adequate access to his oceanfront property by way of a narrow strip of his own land was not
entitled to an easement by necessity through adjacent property, even though the access to the
WPB:222778:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS' FT.lAUDERDAlE . MIAMI' NAPLES' ORLANDO' PORT ST.lUCIE . SARASOTA' ST. PETERSBURG' TAllAHASSEE' TAMPA' WEST PALM BEACH
Memorandum
Boynton Beach CRA
December 13, 2005
Page 2
oceanfront property by way of his own land was less convenient. Index Inc. v. Moon, 534 So.2d
879 (Fla. 3d DCA 1988).
The Fourth District Court of Appeal held that an easement for a way of necessity is not
implied or granted if there is other reasonable access to the property which will enable owner to
achieve the beneficial use and enjoyment of the property. A landowner is not entitled to an
option or an election as between several adequate means of access even though one means of
access may be more convenient than another. Roy v. Euro-Holland Vastgoed, B. V., 404 So.2d
410 (Fla. 4th DCA 1981).
Florida's Constitution requires that property owners be compensated when the
government substantially interferes with an owner's use of the property. An owner's right to the
free exercise of use of his property cannot be modified by the government without the payment
of full compensation. Even the exercise of valid police powers can result in a governmental
taking for which full compensation must be awarded. Further, requiring an access easement be
granted when other viable means of access exist, creates an inordinate burden on the property
owner who is being forced to grant the easement which could gives rise to a "Burt Harris" claim.
Such claims are applicable when government, through regulation or action, inordinately burdens
an existing use.
WPB:222778:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST.LUClE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH
Department of Engineering
and Public Works
PO. Box 21229
West Palm Beach, FL 33416-1229
(561) 684.4000
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
Tony Masilotti, Chairman
Addie L. Greene, Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
"An Equal Opportunity
Affirmative Action Employer"
@ printed on recycled paper
December 12, 2005
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DEe 1 6 2005
Mr. Michael W. Rumpf
Director of Planning & Zoning
Department of Development
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 34425-0310
PLANNING AND
ZONING DEPT.
RE:
Ocean Breeze West
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Mr. R:..HTlr:;f:
The Palm Beach County Traffic Division has reviewed the traffic study for the proposed
residential project entitled; Ocean Breeze West, pursuant to the Traffic Performance
Standards in Article 12 of the Palm Beach County Land Development Code. This project
is summarized as follows:
Location:
Municipality:
Existing Uses:
Proposed Use:
New Daily Trips:
New PH Trips:
Build-out Year:
SW corner of Seacrest Boulevard and NW 8th Avenue intersection.
Boynton Beach
Vacant
37 MF Residential Units
259
23 AM and 27 PM
2008
Based on our review the Traffic Division has determined that the proposed residential
project meets the Traffic Performance Standards of Palm Beach County. No building
permits are to be issued by the town, after the build-out date, specified above. The
County traffic concurrency approval is subject to the Project Aggregation Rules set forth
in the Traffic Performance Standards Ordinance.
If you have any questions regarding this determination, please contact me at 684-4030.
Sincerely,
cc: Simons & White, Inc.
File: General - TPS - Mun - Traffic Study Review
F:\TRAFFIC\ma\Admin\Approvals\051116.doc
The City of Boynton Beach
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P.D. Box 310
Boynton Beach, Florida 33425-0310
PUBLiC WORKS DEPARTMENT
FAX: (561) 742-6285
www.boynton-beach.org
OFFICE OF THE CITY ENGINEER
November 23,2005
T. Jeff Trompeter, PE
Civil Design, Inc.
120 South Olive Avenue - Suite 403
West Palm Beach, Florida 33401
Re: Request for Administrative Waiver
Ocean Breeze West
City File No. NESP 05-030
Dear Mr. Trompeter:
This letter is in response to the above noted request to Laurinda Logan, dated October 21, 2005 and
received on November 8, 2005. You are requesting an "administrative waiver" for the requirements of the
City Engineering Division Standard Detail K-8, Parking Area - Restricted Parking Area, for the subject
project. This relates to the Planning & Zoning Division TARTs review comment #4.
After a research review of this issue, the Division has no objection in supporting your waiver request
pursuant to the City's Engineering Division Handbook, Chapter 2, Article IV, Section "Z" (page 2-28).
Traffic volume and speed in this segment of the perimeter roadway appears to be minimal. Y our request is
hereby granted.
If you have any other questions regarding this matter, please advise me at telephone number (561) 742-
6488.
SincereJf: "
;d;~'f~
H. David Kelley, Jr., P
City Engineer
HDK:ck
xc: Laurinda Logan, PE, Engineering Division
Ed Breese, Principal Planner, P & Z Division
File
S:\Engineering\Kribs\Request for Admin. Waiver, Ocean Breeze West.doc
AMERICA '8 GATEWA Y TO THE GULF8TREAM
11/07/2005 16:26
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PLANNING DEPT
PAGE 02/03
THE SCHOOl DISTRICT OF
PALM BEACH COUNTY, FLORIDA
PLANNING [)EPAR1l.ENT
3300 FOREST HILL BLVD.. C-110
WEST PALM BEACH, FL 33406-5813
(561) 434-8100 FAX: (561) 434-8187
AR'THURC. JOHNSON, Ph..D.
SU~INTENOENT
~~
~.
November 7, 2005
Mr. Eric L. Johnson, Planner
Planning and Zoning Department
Ctty of Boyton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
RE: CONCURRENCY DETERMINATION.. CASE NUMBER #05110102C - OCEAN
BREEZE WEST
Dear Mr. Johnson:
The Palm Beach County School District has reviewed the request for a Concurrency
Determination on the above referenced project for 37 multi-family units.
Attached please find the approved Palm Beach County School District Concurrency
Application and Service Provider Form for Ocean Breeze West. This Concurrency
Determination is valid for one (1) year from the date of issuance. Once a Development Order
has been issued for the project, the concurrency determination will be valid for the life of the
Development Order.
If you have any questions regarding this determination, please feel free to contact me at
(561) 434-8876.
:Jr/J
Tonya ~---t
Senior Planner
cc: Miller Land Planning Consultants, Inc.
ene.
L:\Planning\Public\JNTERGOV\Concurrency\Concurrency Determination Letters\Concurrency\200S\COS 11 0 102C.doc
AN EQUAL OPPORTUNITY EMPLOYER
II
CIVIL DESIGN, INC.
ENGINEERING CONSULTANTS
October 21, 2005
Ms. Laurinda Logan, P.E., Senior Engineer
City of Boynton Beach
Department of Public Works
Engineering Division
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: Ocean Breeze West
Request for Administrative Waiver
City File No. NWSP 05-030
CDI Project No. 05102
Dear Ms. Logan:
We are requesting an administrative waiver to City Standard Detail K-8, Parking Area -
Restricted Parking Area for the subject project. This request relates to Public Works -
Traffic comment number 4: "Parking stalls will not be permitted directly across from a major
driveway ingress or egress point (see City Standard K-8.)"
The entry drive terminates at aT-intersection with a stop condition for vehicles entering the
development. The site plan design provides various controls (stop signs, low speed limit, and
short tangents less than 200 feet leading up to intersection) to slow traffic entering this
intersection. The project contains a total of 37 units generating a total of 259 trips per day
based on 7 TPD per unit. The six (of which two are HC reserved) parking spaces at the
recreation area are provided for visitors to the site, residents who choose to park at this
location and mail pick-up. Since three of the eight buildings abut this area, the volume of
traffic utilizing these spaces is expected to be very low based on the total unit count and the
site configuration.
Thank you in advance for your review of this request. Please do not hesitate to contact me
with any questions regarding this matter.
120 South Olive Avenue. Suite 403. West Palm Beach, Florida 33401 . Tel: 561.659.5760. Fax: 561.659.5772. www.civil-design.com. EB9664
g
CIVIL DESIGN, INC.
ENGINEERING CONSULTANTS
October 21, 2005
Re: DRAINAGE STATEMENT FOR OCEAN BREEZE WEST
(Boynton Beach, Florida)
Palm Beach County (S21, T45S, R43E)
The Ocean Breeze West project consists of the site development and drainage design for a 3.44-
acre multifamily residential community. The subject property is located in the City of Boynton
Beach at the southwest corner of Seacrest Boulevard and NW 8th Avenue in Section 21
Township 45 South, Range 43 East in Palm Beach County, Florida. The area surrounding the
project site is primarily a residential neighborhood.
The existing site consisted of one single family residence and five multifamily residential
buildings, which were demolished and cleared. The runoff from the existing site is graded
towards three dry retention areas, once located at the northwest corner of the property and two
along the east perimeter of the property. Once full, the retention areas were designed to overflow
to the road right-of-way. The existing site met South Florida Water Management District's
(SFWMD) No-Notice regulations. However, a SFWMD General Permit No. 82-194 was issued
in the early 1980s.
The proposed storm water management system will include a series of inlet catch basins and
culverts to direct runoff into the dry detention areas and exfiltration trench system for water
quality treatment and storm water attenuation. Once treated, the runoff will be discharged
through a control structure into an existing catch basin located on Seacrest Boulevard, which is
owned and maintained by the Palm Beach County.
The surface water management system will be designed and constructed in accordance with
SFWMD Environmental Permitting criteria and Volume IV Basis of Review, and applicable
regulations of Palm Beach County and the City of Boynton Beach. The project site is located
within the SFWMD's Intracoastal Drainage Basin, which requires a pre-development verses
post-development discharge analysis for a 25 year, 3 day design storm. The road driveway
system will be designed with the crown elevation above the projected 5 year, 1 day storm event
elevation.
The project is not in a known flood plain of a stream or other watercourse. Based on the Federal
Emergency Management Agency's (FEMA) flood insurance rate map (FIRM) Community Panel
Number Panel 1201960004C, the project lies in Zone C, which indicates that the project is outside
of the 500-year floodplain. Therefore, the finish floor elevation for each unit will be set at an
elevation higher than the projected 100 year, zero discharge flood stage.
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Melanie A, Straub, P.E.
Fiorida Registration No. 61006
neT
2 ] 2009
120 South ()live Avenue ~ Suite 403. vv'tst Palm Beach, Florida 33401 . Tel: 561.659.5760. Fax: 561.659.5772. www.civil-design.com. EB9664
11/02/2005 14:54
56143""1315
PLANNING DEPT
PAGE 02/02
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