REVIEW COMMENTS
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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
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PLANNING DEPT.
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ENGINEERING DEPARTMENT MEMORANDUM NO. 92-088
TO: Sue Kruse
City Clerk
FROM: Michael E. Kazunas
City Engineer
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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
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ENGINEERING DEPARTMENT MEMORANDUM NO. 92-088
TO: Sue Kruse
City Clerk
FROM: Michael E. Kazunas
City Engineer
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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
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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.
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Sue Kruse .
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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
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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.
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Attachments
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PLANNING AND ZONING MEMORANDUM #92-102
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FROM:
J. Scott Miller
City Manager
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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
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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
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A&R 9
PLANNING JE.PT.
PLEASE REPLY TO
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REPLY
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...eler) :'~J:.r~:"~9~~X 2944, Hartford, CT 06104-2944 THIS COPY FOR PERSON ADDRESSED
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John Guidry
Director of Utilitie.
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s.. Kruse, City Clerk
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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
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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:
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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.
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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.
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~AMBRI J. HEYDE
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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
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APR 1 0 1992
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