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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to Citv Clerk's Office Meeting Dales in to Citv Clerk's Offjce 0 April 17, 2007 April 2,2007 (Noon.) 0 June 19, 2007 June 4, 2007 (Noon) 0 May I, 2007 April 16,2007 (Noon) 0 lllly 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) IZJ July 17, 2007 July 2,2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16, 2007 (Noon) 0 Announcements/Presenta tions D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda IZJ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business D Public Hearing D RECOMMENDATION: Please place this request 011 the July 17,2007 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission on July 3,2007, approved this request under Public Hearing and Legal, Ordinance - Flfst Reading. For further details peltaining to this request, see attached Department Memorandum No. 07-048. EXPLANATION: PROJECT: Las Ventanas (ABAN 07-001) (aka Uptown Lofts @ Boynton Place) Epoch Properties, Inc. Epoch Properties, Inc. Extending 300 feet south of SE 12th Avenue Request for abandonment of a 50 feet wide by 300 feet long utility easement containing an area of 15,000 square feet or 0.34 acre. AGENT: OWNERS: LOCATION: DESCRIPTION: PROGRAM IMPACT: N/A :FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature Assistant to City Manager ____ Plam 111g and Z '" Director City Attorney / Finance S:\Planning\SHARED\WP\PROJ. .TS\Gulfstream Lumber\Uptown Lofts at Boynton Place\ABAN 07-00l\Agcnda Item Request Las Ventanas ABAN 07- 00 I 2nd reading 7-17-07 .doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-048 TO: Chair and Members Community Redevelopment Agency Board Michael W. Rum~V Planning and Zoning Director THRU: FROM: Kathleen Zeitler ~ Planner DATE: June 5, 2007 SUBJECT: Las Ventanas - Abandonment of a Utility Easement (ABAN 07-001) NATURE OF REOUEST Mr. Greg Jacoby of Epoch Properties, Inc., the property owner of the forthcoming Las Ventanas project (formerly known as Uptown Lofts), is requesting to abandon / vacate an existing utility easement (50 feet by 300 feet) located on the portion of the former right-of-way of S.E. 2nd Street extending three-hundred (300) feet south from the south edge of S.E. 12th Avenue, west of Federal Highway. A portion (50 feet by 300 feet) of public right-of-way on the subject property was previously abandoned by Resolution 02-214 (ABAN 94-004 - Gulfstream Lumber Company). A condition of Resolution 02-214 required the dedication of a 50 foot by 300 foot utility easement. All utilities have been relocated from the easement to other areas on site to accommodate the proposed construction of the Las Ventanas project. The easement is no longer necessary and the City Engineer requires it to be abandoned prior to plat approval. The location map attached as Exhibit nA" shows the general vicinity of the Las Ventanas project at the northwest corner of Federal Highway and Woolbright Road. The attached Exhibit "B" shows the approximate location of the requested abandonment on the site plan for Las Ventanas. The attached Exhibit "C" is a portion of a recent survey of the project site and includes a detailed location of the easement to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject property: North - right-of-way for S.E. 12th Avenue; South - property of the proposed Las Ventanas project, designated Mixed Use (MX) and zoned MU-L (Mixed Use-Low); East property of the proposed Las Ventanas development, designated Mixed Use (MX) and zoned MU-L (Mixed Use-Low); West - property of the proposed Las Ventanas development, designated Mixed Use (MX) and zoned MU-L (Mixed Use-Low). BACKGROUND In May of 1925, the Plat of Central Park was approved, which dedicated to the City a 50-foot wide right-of- way named Ronald Street (now known as SE 2nd Street). The segment of this street located south of S.E. Page 2 Memorandum No. PZ 07-048 ABAN 07-001 12th Avenue dead-ended approximately 300 feet from the S.E. 12th Avenue intersection. This portion of Ronald Street (50 feet by 300 feet) was surrounded on three (3) sides by Gulfstream Lumber Company. In 1994, Gulfstream Lumber Company requested abandonment of this segment of right-of-way (ABAN 94- 004). The abandonment was approved on May 2, 1995 by Resolution 02-214, subject to the recording of a utility easement on the entire 300 foot length of right-of-way. Gulfstream Lumber has since sold their property, and the Las Ventanas project (formerly known as Uptown Lofts) has been approved for the site. The approved project is a mid-rise mixed use project with 43,361 square feet of retail space, 404 apartment units, 20 townhouse units, and 70 loft units planned on 14.63 acres. The utility easement to be vacated measures 50 feet in width by 300 feet in length. The subject property and properties located on the south, east and west sides of the easement to be abandoned constitute a part of the proposed Las Ventanas development. All existing utilities within the easement will be relocated within the boundaries of the proposed project, therefore the subject utility easement to be vacated no longer serves a public purpose. Prior to the issuance of building permits for the Las Ventanas project, a replat of the site is required. Prior to acceptance of the final proposed record plat, the City Engineer requires that the utility easement be abandoned due to the relocation of the utilities, and to remove a "cloud" on the proposed development caused by planned construction of proposed buildings on top of the utility easement. ANALYSIS Pursuant to Chapter 22, Article IV, Section 4, public notice was given, 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: CTIY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILTIY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Comcast) Approval with conditions No objection No objection No objection RECOMMENDATION All utilities have been relocated from the subject property to accommodate the Las Ventanas development, and the utility easement no longer serves a public purpose. Therefore, staff recommends that the request to abandon a utility easement, located on a portion of former S.E. 2nd Street that was abandoned per Resolution 02-214 as described above, be approved subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. 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On 54' 40" E., along the west line oflots 20, 21, 22, and 23, 300.00 feet to the southwest corner of said lot 23; then N. 90 0 00' 00" W., 50.00 feet to the southeast corner of lot 24; thence N. 0054' 40" W., along the east line oflots 24, 25, 26, 27, 28, and 29, 300 feet to the northeast corner of said lot 29; thence N. 90000' 00" E., 50.00 feet to the point of beginning. 264.00'(0) C"UrTI"Tl (/)0' rrl I"'1UJ...JZ U1' n ro-t\JfT'I -<~ ~ Q~~ ol'T'l 0CD"'tJ -l-u f'T1 c ~ ~ ~u ~ Bl ~ ~?i n ~~ ~~; "'0 0 c: "'-< 0-< "'", " U1 '" ;:: ~ I \ 6s.o0'(0) , \ ~t C :8 o o b q ~ 'lJ )> ::0 (') r'1 r N I I ~I e:1 ~I 31 I I I zd I !!l~ I go I ~x' I ;;. I g iT OF WAY UNE -I -j '" ..., '" in <D q 0> ~ :... "" ~ U1 <5 '" :E ~ " 0 Z r Z ", -0 )> ::0 () r'1 r .i- '<D. 0> b q ~ g ~ ~ @~'iI~1l''iI ~~~~~~ OCD:"'!'J"'Ul I\).j>.......!"""" uioUl../>:.CD.j>. VI OJ VI I I\i . . ~ ~ I i. ORIClN~~ WESTERLY RIGHT 10; WAY UNE ~ ,I )/ _ (FEDERAL ~TMENT OF MAP SECTI Z'" . '" OZ ." 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"! ~ '" q RONALD STREET (SE 2ND STREE VACA TED 50' WlDE RIGHT or WAY 50' WlDE UTILITY EASEMENT PER ORB 15721. PAGE 820 & ORB '5721, PAGE 826 EXCEPTION 32 " c Y'-< a;~ " OI "0 " RONALD STREET f'T1'1JO::U ITl"UO;;O XG)fT!M xC>fTIfT'1 (') rT1 Ul n rrl (/) ~5iO;;j ~:;O~ :::!~~n 6"'~g Nt; ~ o=l N'Z 00 N ~"""-- A ~ ~ 0.., ^ Z --..: ~U1 -l(.H Jlo.Ul t:~"U lA _~~ * 5ti ;u 1'0' ",0 -l N r RESTRICTIONS PER o 0 DEED BOOK 426. PG 364 -< EXCEPTION #33 UJ~ '0 "'''' ,,:E .,. Or .'" -0 )> ~ CENTRAL r'1 r RESTRICTIONS PER ~ r DEED BOOK 426, PG 364 <1) 0 EXCEPTION #33 -0 -< )> ;U n r'1 r UJ <5 ", ~ ~ OJ " :..., 0 lJl Z ^r 5~ PAR K OJ fTI"'tlCl :;:0 XC)fT11T1 " '" UJ fTI0.10 -; "CD " ::::If.OCO n o 0-< Z ~~ ~ ~V1 lH .~~ " _r (Xl S RESTRICTIONS PER al DEED BOOK 426. PG 364 ~~ I'! EXCEPTION #33 :1:>-1 >~Ul ,...\J........ lDa~:::;5 0> -< ;:0 CJ!. n 135.21'(1.1) 500'49'05"E N STREE R I ;\H T 0 F WAY PER PLAT "'",~~:~~ ~~~:"" . '" '" !='~ -"I ~~ ~fT1 oS V!.f'T1 "'0 '" X" " ~~~ 6~~ z. 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'" ,. -< r Z '" r ala -< r ""'0 -< P AGE 1 2 r NO -< r ~a -< --- .< .~ J 1i EXHIBIT "D" Conditions of Approval Project name: Las V entanas File number: ABAN 07-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X PRIV A TE UTILITIES Comments: 1. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a. Additional easements must be granted to FPL for any and all proposed FPL facilities necessary to service any and all future construction requiring electrical service at abandoned site. b. All easements where FPL facilities exist are not considered abandoned until said facilities are de-energized, relocated and/or removed. c. Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and/or property owner and/or requesting party. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X Conditions of Approval 2 Las Ventanas DEP ARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S:IPlanningISHARED\WP\PROJECTS\Gulfstream LumberlVptown Lofts at Boynton PlacelABAN 07-001\Condition of Approval Las Ventanas.doc DEVELOPMr IT ORDER OF THE CITY COMMlf ION OF THE (,.1 ry OF BOYNTON BEACH, FLORIO'). PROJECT NAME: Las Ventanas APPLICANT'S AGENT: Epoch Properties, Inc. APPLICANT'S ADDRESS: 359 Carolina Avenue, Winter Park, Florida 32789 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 3,2007 TYPE OF RELIEF SOUGHT: Request to abandon a fifty (50) foot wide utility easement located adjacent to Lots 20-23 to the east, and Lots 24-29 to the west, Plat of Central Park LOCATION OF PROPERTY: Northwest corner of Federal Highway and Woolbright Road, south of Southeast 1 ih Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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: 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 Applicant 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 "D" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7, Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton Place\ABAN 07-001\DO.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's om ce Meeting Dates in to City Clerk's Office 0 Aplill7,2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16,2007 (Noon) I2J July 3,2007 June 18, 2007 (Noon) 0 May 15.2007 April 30, 2007 (Noon) D July l7, 2007 July 2,2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) D August 7,2007 July 16, 2007 (Noon) 0 AlUlouncements/Presentations D City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda I2J Legal 0 Code Comphance & Legal Settlements D Unfinished Business 0 Public Hearing D RECOMMENDATION: Please place this request on the July 3,2007 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board on June 12, Z007, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No, 07-048. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRlPTION: Las Ventanas (ABAN 07-001) (aka Uptown Lofts @ Boynton Place) Epoch Properties, Inc. Epoch Properties, Inc. Extending 300 feet south ofSE IZdl Avenue Request for abandonment of a 50 feet wide by 300 feet long utility easement containing an area of 15,000 square feet or 0.34 acre. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature 'l / ~ ~4 ~. ,/ Planni g and Z mg Dlrector City Attorney I Finance S:IPlanningISHAREDIWP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton Place\ABAN 07.001 \Agenda Item Request Las Ventanas ABAN 07- DOl 7-3-07.doc Assistant to City Manager S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 04/23/2007 23:30 5517422015 FPL PAGE 02 :- e I=I=IL ~Iotida Power & Light Company April 24,2007 Kimley.Hom's Associates, Inc 601 218t street suite 300 Vero Beach FI 32960 Attn: Heather Melanson; RE: Southeast 2nd Street (Ronald Street) Utility Easement Abandonment Application Las Ventanas Project (f.k.a, Gulfstream Lumber) Dear Heather: FPL has no objection to the abandomnent oftha: above referenced easement contingent upon the following: 1. Additional easements must b,= granted to FPL for any and all proposed FPL facilities necessary to service any and all future construction requiring electrical service at abandoned site. 2. An easements where FPL facilities exist arc not considered abandoned until said facilities are de-energized, relocated and/or removed. 3. Any and all cost resulting in the relocation or removal ofFPL facilities due to said abandonment are paid by the customer and lor property OwneT and (or requestin.g party. If you require any further infonnation or assistance, please do not hesitate to contact me at (561) 742-2005. Sincerely, (LQArY-:: Dan Agustin Large Customer Project Manager Enclosure An FPL Group Company .04/23/2007 23:30 5517422015 FPL PAGE 01 .. .. .po 'j''''' '. r " ...... - ." . ..:.~ ..J . , . .': j" ", "FPL FACSIMILE ':(RANSMITTAL SHEET TO: V?t.Y' ~\, \J S f-I-~ ~ ILvr'!~ '7 . , PHONE NuM;BBlt: 2.. 1...p --1-1' .\ i (' FROM: m." ',,"-, t(..' J tA.-e--1<- iV. ~ tlt--;..) 50rV FAx NUMBER.: ......-::::::. DATE: .'. 77~-)~J.~1b~~ CQ'M:JiA:NY: ." . PHqNE NUMD:ER: FAX NU:MBER:56;t..742~2016 ~ RB~ ..... TOTAL NUM13.'ta CJFPAG.:BS INCLUD1N~'~6vjS,1f~~Sf? ,. OF, . .'...,.....r..:.:.....';,r...i'.,:l"..l.....,~ D'~GE:m: q FOR RnVxEW' 0 l'LEASE COMMBNT 0 PU1ASE lWPL Y 0 PLEASE RECYCLg . , NOTBS/COMMENTS~ - . . DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 07-050 ~J IN $J/tSIl.I€. ~ ~ , CAAi !l&u.11t4-K.€. ~€ nkS c.o8 7J#-/q1U ~ t>F. f~/c.J, tZ.D . I TO: FROM: Janet Prainito City Clerk r? Michael W. Rumpf ~ Director of Planning & Zoning DATE: May 24, 2007 -,;; ~ toP VJ O,l ~~ f0tLt V'--tL10 d. d01 i vY.A7JJ -to ~~ t~ RE: Las Ventanas ABAN 07-001 Accompanying this memorandum you will find an application and related documents for the above- referenced case. The application fee for staff processing and review has been forwarded to the Finance Department. A legal advertisement has been prepared for the June 12, 2007 Community Redevelopment Agency Board meeting and the July 3, 2007 City Commission meeting and will be forwarded to your office after review by the City Attorney. MWR:kz REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Planninq and Zonino Division PREPARED BY: Michael Rumpf DATE PREPARED: May 24,2007 BRIEF DESCRIPTION OF NOTICE OR AD: Request for abandonment of a utility easement SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Leoal Ad for the June 12. 2007 Community Redevelopment Aqency Board meetino and the July 3. 2007 City Commission meetino. SEND COPIES OF AD TO: Applicant. and Planninq and Zonino Director. NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: June 2. 2007 LAST DATE TO FAX TO NEWSPAPER: Wednesday, May 30,2007 APPROVED BY: (1) '4:.-cJ=7? (Originator) 25- . (-;!;2 - 0 7 (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: NOTICE OF PUBLIC HEARING NOTICE OF ABANDONMENT NOTICE IS HEREBY GIVEN that the Community Redevelopment Agency Board will conduct a PUBLIC HEARING at the CITY HALL, COMMISSION CHAMBERS, on Tuesday, June 12, 2007 at 6:30 p.m. The City Commission of the CITY OF BOYNTON BEACH, FLORIDA will also hold a public hearing at CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA, on Tuesday, July 3, 2007 at 6:30 p.m., or as soon thereafter as the agenda permits, to consider a request for abandonment of a utility easement submitted by Epoch Properties, Inc. This utility easement is 50 feet in width and 300 feet in length and is located on the south side of Southeast 12th Avenue, west of Federal Highway and more particularly described as follows: That part of the abandoned right of way for Southeast 2nd Street (formerly Ronald Street) as shown on the plat of Central Park, according to the plat thereof recorded in Plat Book 12, Page 12 of the Public Records of Palm Beach County, Florida, described as follows: Begin at the northwest corner of lot 20 of said Plat of Central Park; thence S. 0054' 40" E., along the west line of lots 20, 21, 22, and 23, 300.00 feet to the southwest corner of said lot 23; then N. 90 0 00' 00" W., 50.00 feet to the southeast corner of lot 24; thence N. 0 0 54' 40" W., along the east line of lots 24, 25, 26, 27, 28, and 29, 300 feet to the northeast corner of said lot 29; thence N. 90 0 00' 00" E., 50.00 feet to the point of beginning. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Community Redevelopment Agency Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: The Post June 2, 2007 S:IPlanningISHAREOIWPIPROJEcTSIGulfstream LumberlUptown Lofts at Boynton PlacelABAN 07-001 ILegalNotice.doc