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REVIEW COMMENTS rr J,., q.J r ' . M:;~\...~ ..,I'. . 0,,1': \ ~ \,(A.. '}'(,../."''<\I MEMORANDUM NO. 92-213 October 19, 1992 TO: Chris Cutro, City Planner FROM: James A. Cherof, City Attorney RE: Holiday Inn Street Abandonment I have reviewed the Quit Claim Deed and the easement documents. The form of documents in sufficient, however, I am unable to evaluate the accuracy of the legal description. Additionally, in all conveyances to the City, we require an opinion of title from either a title company or an attorney who has reviewed the chain of title. JAC/ral RECEIVED I .";,,, 1 9 tj ~ PLANNING DEPT. - - 6?J . ~ . ..j. /iI ,,.,... ~"" v. ENGINEERING DEPARTMENT MEMORANDUM NO. 92-088 TO: Sue Kruse City Clerk FROM: Michael E. Kazunas City Engineer #D DATE: April 15, 1992 RE: Planning & Zoning Board Meeting - May 12, 1992 Abandonment Application/Holiday Inn Before we can approve this application we need: 1) Deed for Block 72 & 73 to verify ownership by Holiday Inn. 2) Easement dedication to be accepted on same resolution as abandonment. 3) Because of note #6, abandonment must be in conjunction with a replat. MEK/ck cc: Chris Cutro, Planning & Zoning Director L__ r~ - ENGINEERING DEPARTMENT MEMORANDUM NO. 92-088 TO: Sue Kruse City Clerk FROM: Michael E. Kazunas City Engineer /Y/~ DATE: April 15, 1992 RE: Planning & Zoning Board Meeting - May 12, 1992 Abandonment Application/Holiday Inn Before we can approve this application we need: I) Deed for Block 72 & 73 to verify ownership by Holiday Inn. 2) Easement dedication to be accepted on same resolution as abandonment. 3) Because of note #6, abandonment must be in conjunction with a replat. MEK/ck cc: Chris Cutro, Planning & Zoning Director RECEIVED APR I?' PLANNING DEPT ~ OFFICE OF THE CITY CLERK MEMORANDUM TO: Mr, Chris Cutro Planning Director DATE: April 27, 1992 FROM: Sue Kruse City Clerk RE: Notice of Hearings Attached please find a copy of the following Notices of Public Hearings which have been scheduled for the Tuesday, May 12, 1992, Planning & Zoning Board meeting: 1, Street abandonment application for Holiday Inn and C. L. Leemon 2. Parking lot variance for Boynton Motel The third Notice of Public Hearing for Cedar Grove Investments is scheduled to be heard by the City Commission on May 19, 1992. Notices have been mailed to the applicant, agent and property owners within 400' of the Cedar Grove project. Notices have been mailed to the applicant, agent and abutting property owners on the Holiday Inn and C. L. Leemon street abandonment. All three ads will be published in the Boynton Beach News. The Holiday Inn and Boynton Motel ads will appear April 28 and May 5, 1992. The Cedar Grove ad will be published April 30 and May 7, 1992. ~-'-'~~.<'J' ./ Sue Kruse . SK:slb attachments cc: City Manager RECEIVED APR 28 PLANNING DEPT. ENGINEERING DEPARTMENT MEMORANDUM NO. 92-115 TO: Christopher Cutro Planning & Zoning Director FROM: Michael E. Kazunas .~~~ City Engineer U DATE: May 5, 1992 RE: Abandonment Application/Holiday Inn Planning & Zoning Board Meeting - May 12, 1992 Revised Comments Comment #3 on previous Engineering Department Memo #92-088 suggested platting as a preferred method of reconfiguration of lots. City Ordinance does allow an alternate method where platting is not required. Article VII, Section 4. Requirements in lieu of platting. .. If pursuant to this article, platting is not necessary, in lieu of platting a certified survey shall be submitted to the city engineer's office and the city engineer shall reserve the right to require deeded rights of way and easements, reservations or improvements required in con- nection with platting under this ordinance, including the posting of a performance and maintenance bond, as may be necessary to carry out the intent and purpose of this ordinance." In lieu of platting, the developer must provide a certified survey showing the proposed reconfiguration of the lots and prepare and submit for City Attorney's review and approval an acceptable document which will accomplish this reconfiguration and secure the appropriate easements. Regarding the improvements required, sidewalks do service the immediate area. We would not require walks across the fronts of the buildable lots, since they will be required at the time of home building, but will require a 4' sidewalk across that portion of property deeded to the Holiday Inn to be constructed within 60 days as a condition of this approval. MEK/ck cc: Sue Kruse, City Clerk PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 92-090 TO: Chairman and Members Pla.nning ~n Development B. oard ~~:~~ ctf~1st:opfier' ut~~ ~ Planning and Zoning Director THRU: FROM: Tambri J. Heyden Senior Planner DATE: May 6, 1992 SUBJECT: N.W. 1st Avenue - Right-of-way Abandonment File No. 673 Section 22-40(a)(3) of the Code of Ordinances requires that when an application for street or easement abandonment is submitted, the reports and recommendations from the city engineer, planning director, utilities director and the public utilities companies must be forwarded to the Planning and Zoning Board (Planning and Development Board) and City Commission for consideration in the proceedings of the public hearings. To that end, this memorandum is forwarded, consistent with Sections 22-40 (a)(3), (b) and (c). Charles L. Leemon III, is requesting abandonment of that portion of N.W. 1st Avenue, a 50 foot wide local street, between the Interstate 95 right-of-way and N.W. 4th Street, as shown on the attached copy of the sketch survey. Mr. Leemon is the property owner of the abutting lots (Lots 31-36, Block 73, Beverly Hills Addition No.3 - part of the Holiday Inn site) on the north side of the proposed abandonment and is the property owner of Lots 5, 6 and a portion of 7, Block 72 of same subdivision, on the south side of the proposed abandonment. Lots 1-4, abutting the proposed abandonment on the south, are owned by Mr. Leemon's father, Charles L. Leemon (Sr.). Mr. Leemon's reason for submitting this request is two-fold. It would allow reconfiguration, in an east/west direction, of the vacant, nonconforming lots on the south side of the proposed abandonment (lots 1-7). with the southern half of the abandoned right-of-way that could be acquired through this request, together with a transfer of ownership, between Mr. Leemon and his father, of the nonconforming lots to one owner, development of these residentially-zoned lots could take place, consistent with the zoning code. The northern half of the abandoned right-of-way could be combined with the Holiday Inn site with the intent of using this additional land to meet the required rear setback to install a railroad car, refreshment structure at poolside. As a point of information, this same request was submitted in May of 1987 by the Holiday Inn. The request was withdrawn prior to the City Commission public hearing, due to a negative recommendation from the Planning and Zoning Board in connection with a negative recommendation from same, for a land use element amendment and rezoning of the vacant lots south of the proposed abandonment. It should be noted that the intent of the 1987 requests by the Holiday Inn differs from the intent of the current request in that the earlier requests were for the purpose of constructing a parking lot on the vacant lots to serve the Holiday Inn. Furthermore, the code of ordinances allows submittal of a similar abandonment application after six months of the date the first application is submitted. The comments from staff, the utility companies and abounding property owners, with respect to this request, are attached. Concerns were raised by the city Utility Department, the Engineering Department, Southern Bell and Florida Power and Light due to existing water and sewer mains and telephone and electric facilities within the N.W. 1st Avenue right-of-way. These concerns can be addressed by rededicating the 50 foot wide right-of-way to a 50 foot wide easement for utility purposes. In P&D Memo No. 92-090 -2- May 6, 1992 addition, the reconfiguration of the lots south of the proposed abandonment must be accomplished through replatting, or in lieu of platting, by submitting a certified survey reflecting the new lot layout and legal documentation, acceptable to the City Attorney, securing the necessary utility easement and properly conveying the reconfigured lots and right-of-way acquisition. Lastly, sidewalk constructed is required along the proposed abandonment, adjacent to N.W. 4th street, to extend the existing sidewalk on N.W. 1st Avenue. Therefore, it is recommended that this abandonment request be approved, subject to the conditions stated above (utility easement dedication, sidewalk construction and replatting or alternative acceptable to the city Attorney) being satisfied prior to city Commission adoption of the resolution to abandon the subject right-of-way. / ~~~~ tjh Attachments A:NWFirst .,., ;' , " , I I ~'F~ f I PLANNING AND ZONING MEMORANDUM #92-102 .' I, FROM: J. Scott Miller City Manager ~~ Christopher Cutro Planning & Zoning Director TO: DATE: May 14, 1992 RE: Abandonment of N.W. 1st Avenue " The Planning and Zoning Department has received a request to abandon a portion of N.W. 1st Avenue between Intrastate I-95 and N.W. 4th Street. The purpose of this abandonment would be to allow for the reconfiguration of the residential lots to the south of the abandoned property and the expansion of the Holiday Inn site on the north. The procedure for abandonment requires that utility companies, the City Engineer, Utility Department, and Planning and Zoning Director be contacted for comments. The comments are attached. At its meeting of May 12, 1992, the Planning and Development Board reviewed this request and forwarded the petition to the City Commission subject to the conditions of utility easement dedication, sidewalk construction and replatting or an acceptable alternative to platting prior to approval of the resolution abandoning the right-of-way by the City Commission. This item has been scheduled for City Commission review on May 19, 1992. CC/jm Att. A: ABANDON. JM r -, FROM: TO Chris Cutro Planning Director Sue Kruse, City Clerk SUBJECT: . ~~l'~~llIliEIL~~~o~ll~ll~~oc::d Mtg. - ~~)T~1~2~'.~~.2~~3~~~~._~_~~~_..~_~DATE: 4/9/92 FOLD. Attached is a copy of a street abandonment application submitted by Holiday Inn/Charles Leemon. Please review and advise of your recommendation for approval or disapproval in accordance with Section 22-40(a) of the Code. Thank you. RECEIVED SK:slb attachment A&R 9 PLANNING JE.PT. PLEASE REPLY TO . SIGNED~ -<~ REPLY No C[)/v( fvt EfJTS SIGNED /' ~~ ...eler) :'~J:.r~:"~9~~X 2944, Hartford, CT 06104-2944 THIS COPY FOR PERSON ADDRESSED , r FROM TO v ! or~ ~ -, John Guidry Director of Utilitie. - ~ s.. Kruse, City Clerk ea,'~~ SUBJECT: Planning' Zoning Board Htg. - May 12, 1992 DATE: 4/9/92 POLD . Attached i8 a copy of a street abandou.ent application euba1tted by Bo11clay Inn/Charle. Lee1lOD. Please review and advise of your rec~ndation for approval or disapproval in accordance vith Section 22-40(a) of the Code. Thank you. R:a1.b attac:bMnt RETURN TO . SIGNED REPLY Th1a DepartJIeDt baa vater and sewer _iDa with1D the existing right-of-way. Thea. au.st r_iD 1a place. We would haw. DO object1oD, boveYer, to the declJ.eati01l of a utility ..s..ent in p1aee of the curreDt right-of-way. DATE: ~ , I~ SIGNED Item .. F269 Graylwc, P.Q, Box 2944, HartfOld, CT 06104-2944 . ~ Wheeler ~. Inc. 1982 PERSON ADDRESSED RETURN THIS COPY TO SENDER RECEIVED APR ~V PLANNING DEPT. (,.- ,-----~..- MEMORANDUM TO: Suzanne M. Kruse, city Clerk FROM: Tambri J. Heyden, Senior Planner DATE: April 7, 1992 SUBJECT: Abandonment of a portion of N.W. 1st Avenue File No. 673 Accompanying this memorandum you will find two copies of the application and related documents for the above-referenced abandonment application. The $450.00 processing and review fee has been forwarded to the Finance Department. A legal advertisement for same has been prepared for May public hearings and will be forwarded to your office after review by the City Attorney and City Manager. / ; /~l'~ ~AMBRI J. HEYDE TJH:cp Ene. STAFF COMMENTS N.W. 1st AVENUE RIGHT-OF-WAY ABANDONMENT PLANNING & ZONING DEPARTMENT: No objection UTILITIES DEPARTMENT: See attached memorandum ENGINEERING DEPARTMENT: See attached memoranda 92-088 92-115 UTILITY COMPANY COMMENTS SOUTHERN BELL See attached letter FLORIDA POWER AND LIGHT See attached letter FLORIDA PUBLIC UTILITIES COMPANY No objection COMCAST No objection ABOUNDING PROPERTY OWNER COMMENTS FLORIDA DEPARTMENT OF TRANSPORTATION No objection l ~ , \ I I .., , C4/Zlj aQ4uJ~ /Jo!r6 fAJ~ --;r: J/)J~bVJ jJAl1:\Y4fZ- &. /",,;O/~ . ~ c4:+ 'J ;O.U#M'J c<: dM'..~, ;-L /.J.-,d r2/J01df A 4;;,&r (' ~( kif ~J"AP! ~ J J~ te... C- d.J~ fSUrpvv .;fL OU.);C/'j~ /1<-P^,-/7~ed $ <!t' ~ ~~ ..5">..w'-' ;->> ~ /oJ C()/I1k~~( , . v-;i ~0jt,,":J.. C;;::; dtJ A tzfj/rJl; (~, (J/J'!:d 7lt.J . a & ~f d.o ~ 10 QJ-JAJ 1ir v;Jt ;(p;vd /Y ~;::t /: 7 4<0 ~ :Y~~? ~.~ RECEIVED APR 1 0 1992 saTe OEVEL. BOVNfQ\l BEACH. 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