REVIEW COMMENTS
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-115
Al Newbold
Deputy Building Off~cial
Michael E. Ha:15. ~~
Zoning and Site evelopment
March 24, 1995
TO:
FROM:
DATE:
Administrator
SUBJECT:
Transmittal of Development Orders
Accompanying this memorandum you will find documents regarding
development plans that received final approval.
1. Project Name:
Type of Application:
Planning and Zoning
Department File No.:
Staff Report and Comments:
Control Plans:
Color Elevation Drawings:
Board of Adjustment Approval:
Planning and Development
Board Approval:
City Commission Approval:
Resolution No.:
Ordinance No.:
2. Project Name:
Type of Application:
Planning and Zoning
Department File No.:
Staff Report and Comments:
Control Plans:
Color Elevation Drawings:
Board of Adjustment Approval:
Planning and Development
Board Approval:
City Commission Approval:
Resolution No.:
Ordinance No.:
3. Project Name:
Type of Application:
Planning and Zoning
Department File No.:
Staff Report and Comments:
Control Plans:
Color Elevation Drawings:
Board of Adjustment Approval:
Planning and Development
Board Approval:
City Commission Approval:
Resolution No.:
Ordinance No.:
4. Project Name:
Type of Application:
Planning and Zoning
Department File No.:
Staff Report and Comments:
Control Plans:
Color Elevation Drawings:
Board of Adjustment Approval:
Planning and Development
Board Approval:
City Commission Approval:
Resolution No.:
Ordinance No.:
TEH:pab
Attachments
Brisson Medical Office Building
Board of Adjustment (Case #200)
BOAV 95-001
16 pages
N/A
N/A
2/22/95 meeting minutes
N/A
N/A
N/A
N/A
Whipowill Arms
New Site Plan
NWSP 94-001
14 pages
6 sheets
Yes - Drawings in Planning &
Zoning Department
N/A
2/14/95 meeting minutes
2/21/95 meeting minutes
N/A
N/A
Railroad Avenue (Whipowill Arms)
Abandonment (Railroad Ave.)
ABAN
N/A
,.M/A
N/A
N/A
94-003
6/14/94 meeting minutes
6/21/94 meeting minutes
R 94-171 10/3/94
N/A
The Vinings of Boynton Beach
Phase I
Abandonment (Utility Easement)
94-006
ABAN
N/A
N/A
N/A
N/A
12/13/94
12/20/94
R 95-28
N/A
meeting minutes
meeting minutes
2/21/95
a: TrsmtPln.115
PLANNING AND ZONING DEPARTMENT MEHORANDUM NO. 94-295
Agenda Memorandum for
october 3, 1994 city Commission Meeting
TO:
Carrie Parker
City Manager
FROM:
~l.)
Tambri J. Heyden ~~
Planning and Zoning Director
DATE:
September 29, 1994
SUBJECT:
Railroad Avenue - ABAN #94-003
Abandonment (right-of-way)
Please place the above-referenced item on the city Commission
agenda for October 3, 1994 under Resolutions.
DESCRIPTION: Adoption of the attached resolution will finalize
the action take by the City Commission at the June 21, 1994 city
Commission meeting. At that meeting, the City Commission
approved the abandonment of a 153.10 foot long portion of
Railroad Avenue, a 30 foot wide, unimproved right-of-way,
abutting the west property line of 513 and 515 S.E. 4th Street,
suject to granting an easement to southern Bell. The applicant,
Burton Metsch, is requesting the abandonment in connection with
site plan approval for a motel apartment project, currently being
processed.
RECOMMENDATION: The Planning and Zoning Department recommends
approval of this resolution. Southern Bell has indicated that
they have received an executed easement.
As a point of information, Mr. Metsch is interested in acquiring
the entire width of the right-of-way, however the city Attorney
has indicated that by law, the abandoned property must be split
between the abutting property owners. The other abutting
property owner is the F.E.C. Railroad. Therefore, the applicant
will have to contact the Railroad (Mr. Metsch has written to
them) to see if they are interested in deeding their half of the
right-af-way to him. Since, this has been done before, it is
assumed that the Railroad would be agreeable.
tjh
Attachment
xc: central File
A:RRAvReso
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACHt FLORI
JUNE 21t 1994
ail Commercial and C-3
sly recommended approva
ng. The Planni nd Development Board
this Plan ame nt and rezoning.
S. ce no one in the audie wished to spea
is annexation, Mayor rmening declare
Commission tz moved to appr e Annexation P. ram Application #5, Greentree
Plaza I, owned by Palm Coast ncial Corporation. Commissioner Aguila
seconded the motion, which ried 4-0.
to
Ms. eyden stated that roaches the ement. Therefore, the
e ement is being req nment. It i 0 longer needed. The uti
ies have been rel ning and Dev pment Board unanimousl
recommended appro of this re st, subject any conditions recei. y the
various utility mpanies. T s far, only thern Bell has respo a and they
do not object this reque . Between n and the time of th solution,
staff will h e received e rest responses and can p. are the ordin~
accordi ng1 .
Since one in the
this annexation,
F. Project Na
Agent:
Owner:
Loc
k 6PrtJ::Ji;. f 1- t)~ '2-
-li'k-
Boynton Lakes Plaza
Simmons & White, I
Boynton Lakes P nership
Northwest co r of Boynton Lak
Lane
Abando
spec
w
,
south-
Boulevard and Plaza
nt - Request andon a portio
purpose uti1 easement loca at
corner of Cu s Restaurant
Motion
Commissioner Aguila moved approval of staff's recommendation on the abandonment
for Cuco's Restaurant utility easement. Commissioner Katz seconded the motion,
which carried 4-0.
----
G. Project Name:
Applicant:
Own e r:
Location:
Description:
Railroad Avenue
Burton Metsch
City of Boynton Beach
East of the F.E.C. Railroad, west of 513-515 S. E. 4th
Street and approximately 100 feet north of S. E. 5th
Avenue
Abandonment - Request to abandon the portion of
Railroad Avenue that abuts 513-515 S. E. 4th Street
-
A-~JfN~q4-00 31?~
Ms. Heyden stated that this is a thirty foot wide, unimproved right-of-way. The
abandonment is requested in connection with a site plan approval for a
- 19 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACHt FLORIDA
JUNE 21. 1994
motel/apartment project. The Planning and Development Board unanimously recom-
mended approval of this request, subject to the conditions received by the
utility companies, which is that an easement will need to be dedicated to cover
the width of the right-of-way. In response to Commissioner Aguila, Ms. Heyden
stated that the applicant is aware of this.
Since no one in the audience wished to speak 1n favor of or in opposition to
this abandonment, Mayor Harmening declared the public hearing closed.
Motion
Commissioner Aguila moved to approve staff's recommendation to abandon the por-
tion of Railroad Avenue that abuts 513-515 S. E. 4th Street, subject to a con-
comitant execution of a utility easement large enough to accommodate the
existing utilities. Commissioner Katz seconded the motion, which carried 4-0.
H. Project Name:
Agent:
Owner:
Loca
D ription:
approv-
square foot
001. A revised
oval, based on a
deed covenant to 225
/'
f the residents n the
ner Aguila poin out that
all residents wi in 400 feet
t she has not rec ved any
Commissioner
Ms. Heyden a s
asked if the app
in the affirmative.
- 20 -
rn C1UtlC. 00
MAY I 0 1991 5 PE ED LETTER@
TO FROM
Ms. Tambri Heyden Sue Kruse
NING DEPT.
Planning & Zoning Director City Clerk
SUBJECT
Planning & Developmant Board Mtg. -':'" June 14, 1994
-- FOLD NO. I} or 10
MESSAGE
Attached is a copy of an application for a right-of-way abandonment of a portion of Railroad
Ave., which was submitted by.Mr. Burton Metsch in connection with the Whipowill Arms project.
Please review and advise of your recommendations for approval or disapproval in accordance
with Section 22-40(a) of the Code. Your response should be sent to this office by June 3, 1994.
DATE
5-9-94
by that date, and to send copies to you.
SIGNED .~~"""""e~
Other members of staff have been asked to respond
REPLY
-- fOLD fOR NO.9
-- FOLD fOR NO. 10
DATE
SIGNED
L
WllsonJon88 . Co"""'.... . MADE IN U SA
44-902 Triplicate. ~ WilsonJones, 1989
RECIPIENT: RETAIN WHITE COPY. RETURN PINK COPY
-
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,
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APPLICATION TO ABANDON/VACATE
.1 BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM
NOTE:
This form must be filled out completely and accurately
and must accompany all applications submitted to the
Planning Department. (Three.(3) copies of application
are required.)
PROJECT NAME: JM.kpQwil~S
AGENT'S NAME: ~()IlTDU Me-TSU-/-
AGENT'S ADDRESS: ~ )C:::AJ v r ++- ~ ~ ..; I k ~ 4~ C-
.-Ro~~ O~ 'fl: .~)~'-l1~
AGENT'S PHONE: ~C> i ) 13 G, - 7C( L fa
OWNER'S NAME: 1hv~ C:::i~1-5(..,tJ..
(or Trustee's)
OWNER'S ADDRESS: ~ i!) IL-IJ V n-f ~ S.; l ok ~ # c..
~ 0vh n ?:>'3~~'-
OWNER'S PHONE: (3-0.,) -"OCo-l~ L ~
PROJECT LOCATION: bl ~ - S-. ~ sE" ~--t"h s.,
(n2! legal description)
CORRESPONDENCE
. ADDRESS: *
(if different than
agent or owner)
* This is the address to which all agendas, letters and
other materials will be forwarded.
APPLICATION TO ABANDON/VACATE
The undersigned, pursuant to Ordinance NO. 76-27 of the Ci~y of
Boynton Beach, Florida, hereby applies to the City Commission to
vacate; abandon, and discontinue the,
(check one):
(
(
(
(
I~
)
)
ALLEY
STREET
SPECIAL PURPOSE EASEMENT .
OTHER NONFEE INTEREST OF THE CITY
. .
as described in attached Exhibit "A", and to renounce and dis-
claim any right of the City and the public in and to any land in
conn~ction therewith.
Said application is to be filed with the Planning Department in
triplicate and applications involving more than one of the above
listed nonfee interests shall be filed separately. Each appli-
cation so filed shall be complete in every respect.
The undersigned hereby certify:
1. That a complete and accurate legal description with the
specific property interest sought to be vacated or abandoned, in-
cluding where possible a plat map or drawing showing the general
area and location involved, is set forth in Exhibit "A" attached
hereto.
2. That the title or interest of the City and the public in and
to the specific property interest described above was acquired
and is evidenced by,
(check one):
( ./) DEED
( ~ ) DEDICATION
( ) PRESCRIPTION
Recorded in ~e.. S'0bJ,JtlJ~ No:c:- Book--1-, Page ?> ::>, and
Public Records of Palm Beach County, Florida.
3. That no similar application has been considered by the City
at any time within six (6) months of the date hereof, and should
this application be granted, such abandonment and vacation will
prevent no other property owners from access to and from their'
property and no other property owners in the vicinity will be
adversely effected.
4. That the above described property interest is under the
control and jurisdiction of the City Commission of the City of
Boynton Beach, Florida; is not a part of any state or federal
highway system; and was not acquired or dedicated for state or
federal highway purposes.:
5. That the following constitutes'a complete and accurate
schedule of all owners and occupants bounding and abutting the
property interest described above.
NAME
ADDRESS
tkr~{ J W:J f/.k4 Crk h.w
,
ve/Jf'> U:lrna ha AI
Iv! A 11114 2JIJ. c.-
G.mrJ't- fj'fL ~ SOdt111 p CJtnM/~.s
pet." Rt:{llr"~
41,[ S~-S'f1? /We. BI5 Ii 3~V3\
1'17 ~yllo~r !/If) ll/1U1IJ1I1/"fL.
I' IJ - ~ J 81S - Mz- l/fl'lC-
'f't)g Nf:. JlI'J "N f1- ?>3Y~
1} !30x B U 136 n: 13<<!Z,J
rpu Oll~ lOll" S;IlvJtJJ ~~ Ii. :
l2.-0 e~
. i
.
6. That the following grounds and reasons are submitted in
support of this application:
;pn'~r~ ~(l) l./IJ~ (Uo~ Scc..u,,~ ~ ~ rPe.t1"""
of ('!If pl'O~((~IVva~ 4'" rJlI~~..D .g.O,t.D
~1 rs'1 a.~e ~S h j; re..r ~ 1M) . 'Prop~.
__ ___ __ 0 t.L) _ J II u () ~f) W 0 J Ii) ~ k-f-kr- I o-f2r. __
J:c 1114 p* b JG. "" ~ -kro ro 1/ s
DATED: 4l~/qy
APPLICANT{S) NAME (PLEASE SIGN)
ADDRESS
JiJO ~J-n+- 'PJ) .ge ~4eC-
~ & q;: 33~b
STATE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicant{s) being first duly sworn by me the
day and year above indicated, deposed and stated that he
are/is the applicant{~ in the foregoing Application to-Xbandon/
Vacate; that they have read the same and that the facts therein
set forth are true and correct to the best of their knowledge.
,......!#I, BI\IH9rP E ... U . ftU
.1.,ito".!'li:--. nuvo;n, . ~
.4':"A'-~-
!.:' :.\ PI( COftNSSION , CC257387 ElCPIAES
~, . . ll! FebnIIIy 4. 1987
4~,:rjf.:::.'f"" IONDID 1HRU TNJ'( FAIN --..wa,N:.
N
Florida
My Commission Expires:
6-19-87
It
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~EGAL DESCRIPTION:
A ~Qrtion Q~ R.ilrQad Avanum, lying adjacent to a po~tiQn o~
Lot 9 and Lot 10, B1Qck 8, PENCE SUBDIVISION-NO.1, a
subdivision aQ ymcorded in PlAt Book 1, Page 33, in the
Public ReccrdQ o~ P&lm Beach County, Florida and mere
~articul.rly desc~ibad .. ~ollows;
8eginning at the NorthwQQt corner o~ Lot 9, Block S, PENCE
SUBDIVISION NO.1; thence run We.terly ~lnno thQ projection
of the NQrth linQ o~ said Lo~ 9, _ distance Q~ 30.31 feet to
. point on the Eastp.rly Right-o~-way lina of the F.E.C.
Reai ll'"o.ad; thliilnc. ,n.!'" ~nl!t.hQrly along said Ea5te..ly
RiQht-Qf-way lin& with an ano1B o~ 98-1:2'4'" mQiUiuri:d
c:; 1 ockw i ee f."om the 1 ast descr i bed courcc, a di st.ncQ of
l~~.lO feet to a point, being ~ ~r~jection of the SQ~th line
o~ Lot 10, Block 8t P~NCE SUBDIVISION NO.1; thence run
East~~ly along eaid projected South line with a~ angle of
61046'54", Inlihutu.....ed clockwise from the lcll:SL lJloI.c.;rib&d
~ouree, a distance of 30.31 feet to the Southwest co....ne.... of
_aid Lot 10; thenc. ....un Northerly .1~ng th~ Westerly lin. or
!i.id Loll:5 9 dllU 10 with ..n angle o~ 98-13'0",11, me:laeun!d
clockwise f....om the last described couree, a'dist_n~~ o~
1~3.10 ~~et to the Point or Ueginning.
.,.IH.J ~(;Jntaining 4~93 6.F., 0.11 Acr.. mo,.e 01'" less
Leg~l O.scriptiQn Py~p~....ed By.
G.nt....y Engine.....ing and Land Su....veying, Inc.
P.O. Bnx ?4~
O.l~.y O..ch, rl. 33447-0243
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Evening
(305) 483-7597
BURTON METSCH
PROFESSIONAL ENGINEER
18181 Daybreak Drive
Boca Raton, FloridaBlaH 33496
ue. N.Y., FL
April 6, 1994
Mr. M. O. Bagley
Director of Real Estate
FEe Railroad
. P. O. Drawer 1048
St. Augustine, F1.32085
Re: Road Abandonment
Dear Mr. Bagley,
I own property located East of your Railroad Tracks
in Boynton Beach, Florida. The property is located between
SE 4th Ave. and SE 5th Ave. and fronts on SE 4th St.
SE 5th Ave crosses your Railroad Tracks and my property
is approiamet1y 100 feet North of SE 5th Ave.
I enclose a survey of my property showing the proposed
Right Of Way abandonment in Red.
I would like to know if the Railroad would like to join
me in this abandonment process. Furtermore, if the Railroad
is not interested in taking their half would it possible to
go ahead alone and for me to acquire the entire 30 foot ROW.
Burton Metsch
PLANNING AND ZONING DEPARTMENT MEMORNADUM NO. 94-189
Agenda Memorandum for
June 21, 1994 city Commission Meeting
TO: Carrie Parker
City Manager
FROM: Tambri J. Heyden 19d
planning and Zoning Director
DATE: June 16, 1994
SUBJECT: Railroad Avenue - ABAN #94-003
Abandonment (right-of-way)
Please place the above-referenced item on the City Commission
agenda for June 21, 1994 under Public Hearing.
DESCRIPTION: This request is for abandonment of an approximate
153.10 foot long portion of Railroad Avenue, a 30 foot wide,
unimproved public right-of-way, abutting the west property line
of 513 and 515 S.E. 4th street. The applicant, Burton Metsch, is
requesting abandonment in connection with a near future, site
plan approval for a motel apartment project.
RECOMMENDATION: The Planning and Development Board unanimously
recommends approval of this request, subject to any conditions
received by the various utility companies. Thus far, responses
have been received from Comcast, Florida Power and Light and
Florida Public Utilities. Florida Power and Light and Florida
Public Utilities have no objection to the abandonment. Comcast,
however, objects because they have existing, overhead cable
attached to FPL poles within the right-of-way. Therefore, it is
recommended that an easement be dedicated to encompass the area
to be abandoned, as a condition of approval.
tjh
Attachments
xc: Central File
A:RRAveAbn
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PLANNING AND ZONING DEPARTMENT MEMORANDUM ~94-166
TO:
Chairman a~d Members
Planning a~ Development Board
\
,
Tambri J. HeVden
Planning and Zoning Director
THRU:
FROM:
"'"
Michael E. Haa'9
Zoning and Sit~ Development Administrator
"
DATE: June 8, 1994 \
'..
\<
RE: Railroad Avenue -\~ile No. ABA #94-003
Abandonment of Rig~t-of-way (f r Whipowill Arms)
.~
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NATURE ~F REQUES
'IJ.
Burton Metsch, Applicant for\ Whipow II Arms is requesting
abandonment of a I""'ortion of Ra}U:road venue, a 30 foot wide,
unimproved public right-of-way. \ M Metsch is requesting
abandonment of the portion of Rail~ad venue that abuts the west
side of his property. Mr. Metsch's pro erty is located at 513 and
515 S.E. 4th street. Find attached~a ocator map of the subject
area. Also find attached, Exhibit II " a survey of 513-515 S.E.
4th street and the portion of Railroa Avenue under consideration
for abandonment.
BACKGROUN \
The requested abandonment has been su itt~..~.. by Mr. Metsch in hopes
of acquiring the property to add to e abu ting site. Mr. Metsch
is currently seeking site plan ap oval or Whipowill Arms, a
residential occupancy development 0 the S.E\ 4th street property.
As previously stated, Railroad Avent is a 30 \foot wide, unimproved
public right-of-way. The FEe railr ad right-~f-way abuts the west
side of Railroad Avenue. \.
ANALY IS
.
I
,
Railroad Avenue is a 30 foot wid, unimproved ~~'ity right-of-way.
The Engineering Department has . dicated that ere are no long
range plans to imp:ove this are of Railroad A enue. The city
departments that review a reques for abandonment and the parties
that Nere given public notice f the requested\:lbandonment are
identified below. Public noti is given to the property owners
that abut the area of the righ, of-way abandonment \~S well as the
various utility companies thaf have a potential i terest in the
right-of-way. The applicantr~ reasons for an aband ment and the
grounds that support the requ~~t are shown on the encosed copy of
the last page of the abandonment application form. The legal
description and location of the requested area of ab~ndonment are
shown on the attached Exhibit IIAII,
page 2
Planning and Zoning
memo #94-166
CITY DEPARTMENT
Engineering
Memorandum #94-167
utilities
No Comment
Planning and Zoning
No Comment
ABUTTING PROPERTY
North
Residential
No Comment
South
Residential
No Comment
East
Applicant
No Comment
West
FEe Railroad
No Comment
PUBLIC UTILITY COMPANIES
Cable Company
Li9htl
J
Memorandum #94-167
Florida Power and
southern Bell
Gas Company
RECOMMENDATION
staff recommends approval of abandonment of a portion of Railroad
Avenue shown and described on the attached Exhibit "A".
a:mem094.166
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LEGAL DESCRIPTION;
A pcrtion of Rdilrcad Avenue, lying adjacent to a portion of
Lot 9 and Lot 10, 81o~k S, PENCE SUBDIVISION NO.1, a
subdivision as recorded in PlAt Book 1, Page 33, in the
Public Records of Palm Beach County, Florida and more
pd~tlcul~rl~ described as follows:
8eginning at the Northwest corner of Lot 9. Block S, PENCE
SUBDIVISION NO.1; thsnce run Westerly ~'nnQ the projection
of the North lin~ o~ said Lo~ q, a distance of 30.31 feet to
~ point on the Eastp.rly Right-of-way line of the F.E.C.
R.d ll"'oad; thence .run Rnllt.herly along said E~5terly
r.H~ht-of-way line with an 09l"ltJte of 98-12'47" me~5urf.!':d
clockwise f,-om the last desc:,..ibed couroc. a distance of
1~3.10 ~eet to a point, being a ~rujection of the SQ~eh line
OT Lot 10, Block B, P~NCE SUSDlvtSION NO.1; thence run
Easterly along Baid projected South lin8 with ~~ angle of
81046'54", measu.....ed clockwise ~t"Qm the lc:l~L \;.hol.c;.;r-ibed
Cour5e, ~ distance o~ 30.31 ~eet to the Southwest corne..... o~
said Lot 10; thence run Northerly ~lwnQ th~ Westerly lin~ or
said LaLl::\ 9 dlll.l 10 w1th on 4n91e of 90-13'0"", rneaeun~d
clockwise ~rom the last desct"ibed couree. .'dlstanc~ o~
1~3.10 ~aet to the Point Qr Ueginnlng.
c.nu ~o"tainilig 4393 8.F., 0.11 Ac.....ee mo.pe 01" les5
Legrll Des=rlpticn Py~p~.....ed By:
Gent.....y Engineering and Land Sut"veying, Inc.
P.O. Flnx ?43
Del.....ay Oea~h, rl. 33447-0243
,
.
6. That the following grounds and reasons are submitted in
support of this application:
.1n,!<or~ ~pt'1) l/IJ~ (U.orf SCCJ)(\~ -h ~ rp~r
of ""I pr1:>~(r,^-I,^",~ IIV' rJM~j) .g. 0 ,cD
~~:; iClSi a,:;e~s ~;t LP<<r O+-~~rop~,
__ "___ __00-) _ Jllu ()tll) wOIJIJ) ~ k-f.4--'oif
..b.: IIA1 p4 h c-k- "'" ~ -kro ro f/ s
DATED: ~!rJh(
APPLICANT(S) NAME (PLEASE SIGN)
ADDRESS
Ji)O (~Jn+-- 'PcO Sk .24eC-
~ & ~;,3~b
STATE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicant(s) being first duly sworn by me the
day ~nd year above indicated, deposed and stated that __he__
an/is the applicant('S'i in the foregoing Application to Abandonl ...
Vacate, that they have read the same and that the facts therein
set forth are true and correct to the best of their knowledge.
~."JI~;Nlr~ ROBERT E. CULLOM
It: llti MY COMMISSION' CC257387 EXPIRES
.. . i. F b
~... . ./ . rullY 4, 1997
rRf. IONllEO 1HRU TIlOY FAIN MIIlNa, !NO.
PUBLIC,
My Commission Expires:
6-19-87
LNJ:\
. . . . . . . . . . .......
Lawson, Noble & Associates, Inc.
M
I
...~:a
..
.::.~.
W
TO: Vincent Fininzio, Deputy City Engineer, Boynton Beach
fROM: Ronald W. Last, P.~~I~
DATE: May 25, 1994
RE: RIGHT-Of-WAY ABANDONMENT
L.N. & A. Project No. 94-174
PROJECT: WHIPOWILL ARMS
Project Right-of-way Abandonment appears to be prepared properly. I have no
objection provided:
1. Planing Department does not have Railroad Avenue listed as a future improved
roadway.
2. Other utilities (Florida Power & Light, Southern Bell Telephone, CTV, Gas and
Boynton Utilities) have no objection to abandonment.
ZRP\MEMOS\FININZIO.525
ENGINEERING DEPARTMENT MEMORANDUM
NO. 94-167
TO:
Tambri J. Heyden
Planning & Zoning Director
FROM:
Vincent A. Finizio
Deputy City Engineer
DATE:
June 8, 1994
RE:
Abandonment at Whipowill Arms
Attached for your review and consideration is the City Engineer's
conditions of approval for the above referenced abandonment and as
the other requisite public utility companies have not yet provided
their conditions of approval, I request that in order to facilitate
the applicant's abandonment request, that the matter be placed
before the City's Planning & Development Board as well as the City
Commission with approval being rendered conditioned upon the
applicant adhering to conditions of approval(s) yet to be received
from the subject utility companies.
In most all instB;nces, the utility companies require easements,
etc. and therefore the City's execution of the abandonment and
disclaimer documents should be withheld until such time as the
Engineering Department notifies the City Clerk that full compliance
has been attained.
Should you require any additional information or assistance, please
contact me at ext. 6282.
\J . -l-.A-{.' .
vincent A. Finiz~
VAF/ck
C:WHIPABAN.P&Z
xc: City Manager
Ron Last, P.E., City Engineer
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OFFICE OF THE CITY CLERK
MEMORANDUM
TO:
Ms. Tambri Heyden
Planning & Zoning Director
DATE: June 1, 1994
FROM:
Sue Kruse
City Clerk
RE: Notice of Hearing
Attached please find a copy of the Notice of Hearing for the application
for right-of-way abandonment for a portion of Railroad Ave., submitted
by Mr. Burton Metsch. This application has been scheduled for the
June 14, 1994 Planning & Development Board meeting. This Notice is
being mailed to the applicant and abutting property owners today.
The ad will appear in the Boynton Beach News on Thursday, June 2, 1994
and Tuesday, June 14, 1994.
d~.. ~~<2 ,J
SK:slb
attachment
cc: City Manager
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of
the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING
at CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH
BOULEVARD, on Tuesday, June 14, 1994 at 7:00 p.m. to consider an
application submitted by Burton Metsch, owner of 513 and 515 S.E.
4th Street,to ABANDON the City right-of-way Railroad Avenue
between the south property line and the north property line of
513 and 515 S.E. 4th street, more particularly described as
follows:
A portion of Railroad Avenue, lying adjacent to a portion of
Lot 9 and Lot 10, Block B, PENCE SUBDIVISION NO.1, a
subdivision as recorded in Plat Book 1, Page 33, in the
Public Records of Palm Beach county, Florida and more
particularly described as follows:
Beginning at the Northwest corner of Lot 9, Block B, PENCE
SUBDIVISION NO.1; thence run Westerly along the projection
of the North line of said Lot 9, a distance of 30.31 feet to
a point on the Easterly Right-of-way line of the F.E.C.
Railroad; thence run Southerly along said Easterly Right-of-
way line with an angle of 98012'47" measured clockwise from
the last described course, a distance of 153.10 feet to a
point, being a projection of the South line of Lot 10, Block
B, PENCE SUBDIVISION NO.1; thence run Easterly along said
projected South line with an angle of 81046'54", measured
clockwise from the last described course, a distance of
30.31 feet to the Southwest corner of said Lot 10; thence
run Northerly along the Westerly line of said Lots 9 and 10
with an angle of 98013'06", measured clockwise from the last
described course, a distance of 153.10 feet to the Point of
Beginning, and containing 4593 S.F., 0.11 Acres more or
less.
ALSO
A PUBLIC HEARING will be held by the City Commission of the City
of Boynton Beach on the above request at City Hall Commission
Chambers, 100 East Boynton Beach Boulevard, Boynton Beach,
Florida, on Tuesday, June 21, 1994 at 7:00 p.m. or as soon
thereafter as the agenda permits.
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 Planning and Development 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.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE, C.M.C.
CITY CLERK
PUBLISH: BOYNTON BEACH NEWS
June 2 and 14, 1994
PLANNING AND ZONING DEPARTMENT MEMORANDUM #94-119
FROM:
Sue Kruse
city Clerk
~LcY L:. ;?~ ~
TamnrJ. J. lie'"yCien
Planning and Zoning Director
TO:
DATE:
May 2, 1994
RE:
Right-of-way abandonment for Railroad Avenue between
the south property line and the north property line of
513 and 515 S.E. 4th street. ABAN 94-002
Accompanying this memorandum you will find two (2) copies of the
application and related documents for the above-referenced
abandonment application. The $500.00 application fee for staff
processing and review has been forwarded to the Finance
Department.
A legal advertisement for same has been prepared for June, 1994
public hearings and will be forwarded to your office after review
by the City Attorney and City Manager. In order for our
department to meet the deadline for preparing Planning and
Development Board agenda materials for this request, comments
from staff and the various utilities companies must be received
by our office by June 3, 1994.
Please inform staff of this time frame when distributing copies
of this request for comment. If easier, comments can be
forwarded to you with a xerox copy transmitted to our office.
Thank you.
TJH/jj
Att.
A: abanmemo.119
. ~.
~ . . '. - :;. ':.~.10~ .
,~:~ - '..
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 8 working days
prior to the first publishing date requested below.
PLANNING ANb ZONING DEPARTMENT
ORIGINATING DEPARTMENT:
DATE PREPARED:
5/2/94
PREPARED BY: TAMBRI J. HEYDEN
BRIEF DESCRIPTION OF NOTICE OR AD:
RIGHT-OF-WAY ABANDONMENT FOR
RAILROAD AVE BETWEEN THE SOUTH PROPERTY LINE AND THE NORTH PROPERTY
~ LINE OF 513 and 515 S.E. 4TH STREET
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
STANDARD LEGAL AD
SEND COPIES OF AD TO: Newspaper, adjoining property owners and
applicant.
NEWSPAPER(S) TO PUBLISH:
DATE(S) TO BE
PUBLISHED:
To be determined by City Clerk
To be determined by City Clerk
APPROVED BY:
( 1 )
//Z~.LfJ L~ n ~ L ;5'/?"
( Departmen t H;!a .) I- '
~ /?1.L(
,
(Date)
( 2 )
(City Attorney)
(Date)
(3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of
the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING
at CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH
BOULEVARD, on Tuesday, June 14, 1994 at 7:00 p.m. to consider an
application submitted by Burton Metsch, owner of 513 and 515 S.E.
4th street,to ABANDON the City right-of-way Railroad Avenue
between the south property line and the north property line of
513 and 515 S.E. 4th street, more particularly described as
follows:
A portion of Railroad Avenue, lying adjacent to a portion of
Lot 9 and Lot 10, Block B, PENCE SUBDIVISIOA NO.1, a
subdivision as recorded in Plat Book 1, Page 33, in the
Public Records of Palm Beach county, Florida and more
particularly described as follows:
Beginning at the Northwest corner of Lot 9, Block B, PENCE
SUBDIVISION NO.1; thence run Westerly along the projection
of the North line of said Lot 9, a distance of 30.31 feet to
a point on the Easterly Right-of-way line of the F.E.C.
Railroad; thence run Southerly along said Easterly Right-of-
way line with an angle of 98012'47" measured clockwise from
the last described course, a distance of 153.10 feet to a
point, being a projection of the South line of Lot 10, Block
B, PENCE SUBDIVISION NO.1; thence run Easterly along said
projected south line with an angle of 81046'54", measured
clockwise from the last described course, a distance of
30.31 feet to the Southwest corner of said Lot 10; thence
run Northerly along the Westerly line of said Lots 9 and 10
with an angle of 98013'0611, measured clockwise from the last
described course, a distance of 153.10 feet to the Point of
Beginning, and containing 4593 S.F., 0.11 Acres more or
less.
ALSO
A PUBLIC HEARING will be held by the City Commission of the City
of Boynton Beach on the above request at City Hall Commission
Chambers, 100 East Boynton Beach Boulevard, Boynton Beach,
Florida, on Tuesday, June 21, 1994 at 7:00 p.m. or as soon
thereafter as the agenda permits.
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 Planning and Development 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.
..__.__._____.____......._____.___1__..
~ City of
@~~~Ii~d~
, - - "Boynton ~ ~ .3.!}41,25-0.3~O
Cj.~ ~ ~407;) 375....s400
.'F,pfJC: <-40'7) 37s-6051Q
\.. - I
\.\1'\1*
\
FA-Ca:r:N::!: LIi1
TRANSMJ:sa:r:ON
'110 :;.
:a_rt Met.ech
FAX NO:
736-0134
FROM:
FAX:
P1ann~ng an~ Zon~nq Department
407--37S.-609f'
septa_bar 3~' 1994
DA"r'.B :
RE:
Nc>t~c::e to
the Rai1~oad company
i
I
I
l'H.1M:BER OF PAGES :J:NCLUDXNG "x'H::L~ CenTER SHEET
:2
c, f...:>Ctra~u"
.JlI........r'U:46; qcu~'UJQ.Y "tD elU q....rft~7Y!a.....
[ TRANSMISSION REPORT
THIS DOCUMENT
WAS SENT
(REDUCED SAMPLE ABOVE)
**
#
COUNT **
2
*** SEND ***
,-,
INOi REMOTE
~ I -
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L.-1-__.__.
STA~~ME_.~
8-30-94 12:54PM!
--1.
TOTAL
COMMENT
l
I
1
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DURATION ~GESI
1'43"' L~
0: 01 ' 43"' 2
STATION 1. D.
407'7374681
XEROX TELECOPIER 7 20
(~&K~x%!k
Evening
(305) 483-7597
BURTON METSc"...
PROFESSIONAL ENGINEER
18181 Daybreak Drive
Boca Raton, FloridamK%4C 33496
ue. N.Y.. FL
April 6, 1994
Mr. M. O. Bagley
Director of Real Estate
FEr Railroad
. P. O. Drawer 1048
St. Augustine, Fl.32085
Re: Road Abandonment
Dear Mr. Bagley,
I own property located East of your Railroad Tracks
in Boynton Beach, Florida. The property is located between
SE 4th Ave. and SE 5th Ave. and fronts on SE 4th St.
SE 5th Ave crosses your Railroad Tracks and my property
is approiametly 100 feet North of SE 5th Ave.
I enclose a survey of my property showing the proposed
Right Of Way abandonment in Red.
I would like to know if the Railroad would like to join
me in this abandonment process. Furtermore, if the Railroad
is not interested in taking their half would it possible to
go ahead alone and for me to acquire the entire.30 foot ROW.
Burton Metsch