REVIEW COMMENTS
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N.E. 5th AVENUE
ABANDONMENT
(RIGHT-OF-WAY)
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-098
THRU:
Chairman and Members
Planning and Development Board
C'P~~
Christopher cutro
Planning and Zoning Director
TO:
FROM:
Tambri J. Heyden
Senior Planner
DATE:
May 6, 1993
SUBJECT: N.E. 5th Avenue
Right-of-way Abandonment - File No. 729
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 and
zoning director, utilities director and the public utilities
companies must be forwarded to the 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).
On behalf of the city, Christopher cutro is requesting that N.E.
5th Avenue, east of N. Federal Highway, be abandoned. The width of
this right-of-way is ten (10) feet and its length is 241.26 feet.
Abandonment of the easterly 136.66 foot length of the subject
right-of-way was a condition of the February 16, 1993 City
Commission conditional use approval of a classroom building
addition for the st. Mark's catholic Church. This condition was
imposed because the drop-off and sidewalk proposed on the approved
conditional use site plan for the ChUl"ch will encroach this
easterly section of the right-of way which bisects a portion of the
church's property.
Since the engineering department is currently assembling and
preparing legal descriptions for abandonment of all alleys and
streets no longer needed as rights-of-way in the vicinity of
Federal Highway, the City Commission directed staff to initiate the
subject abandonment application to accommodate st. Mark's Catholic
Church. staff has combined with this application the rest of N.E.
5th Avenue that is un abandoned east of N. Federal Highway and no
longer needed by the City; the remaining 104.60 feet adjacent to
the north property line of Cypress Manor restaurant. Approval of
this request will extinguish the entire N.E. 5th Avenue right-of-
way, east of Federal Highway.
The comments from staff and the utility companies, with respect to
this request, that have been received to date are attached. No
concerns have been raised however, as indicated in the attached
Engineering Department Memorandum No. 93-117, a response from
Florida Power and Light has not yet been received. If Florida
Power and Light's response is not received by May 11, 1993, staff
recommends that action taken on this abandonment request, for which
the required public hearings have been advertised to be held at the
May 11th Planning and Development Board meeting and the May 18,
1993 City Commission meeting, be deferred and the public hearing
continued to the June meeting. If Florida power and Light's
response is received prior to the May 11, 1993 meeting, it is
recommend that this request be approved, subject to the applicant
addressing any objections Florida power and Light may have.
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Attachments
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FROM
TO
Mr. Chris Cutro
Planning & Zoning Director
Sue Kruse, City Clerk
SUBJECT:
FOLD.
Planning & Development Board Mtg. -- May II, 1993
DATE:
4/12/93
Attached is a copy of a City-initiated abandonment application for a portion of
N.E. 5th Ave.
Please review and advise of your recommendations for approval or disapproval
in accordance with Section 22-40(a) of the Code.
Thank you.
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SIGNED,/~'
"em # F269 Grayarc, P.O. Box 2944, Hartford, CT 06104-2944
~-::' Wheeler Group, Inc. 1982
THIS COPY FOR PERSON ADDRESSED
Grayarc;.
,p,P.aox2944.
HlIrtford.CT06104.2944
CALL TOll. FREE: 1-800-243-5250
Fold At {.) T
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veIope' EW10P REORDER ITEM II F289
FROM
TO
Mr. John Guidry
Director of Utilities
Sue Kruse,
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'f-'6 -93
City Clerk ~
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SUBJECT: Planning. & Development. Bo"r4. Mt&, -::.J1."y .U,.J,993
DATE: .4/l2.nJ..
FOLD.
Attached is a copy of a City-initiated abandonment application for a portion of
N.E. 5th Ave.
Please review and advise of your recommendations for approval or disapproval
in accordance with Section 22-40(a) of the Code.
PLEASE REPLY TO .
SIGNED~<!.
-----
Thank you.
SK: slb
attachment
REPLY
~ have no objection to the proposed abandonment.
/
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DATE:
4/16/93
SIGNED
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PLf>,NN\\'iG OE.PT.
Item . F269 Grayl!lrc. P.o. Box 2944, Hartford, CT 06104-2944
e': Wheel. Group. Inc. 1982
THIS COPY FOR PERSON ADDRESSED
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ENGINEERING DEPARTMENT MEMORANDUM NO. 93-117
TO: Tambri Heyden
Senior Planner
FROM: vincent A. Finizio
Deputy City Engineer
DATE: May 6, 1993
RE: Alley Abandonment Request Submitted by St. Marks Catholic
Church and Meineke Discount Muffler
Please be advised that the Engineering Department for the City of
Boynton Beach, Florida has received approvals from most utility
Companies, with the exception of Florida Power & Light.
Attached for your review and consideration is a copy of Bell South's
May 6, 1993 conditions of approval. Comcast and Florida Public Gas
Utilities rendered no objections to the abandonment.
Pursuant to our discussions, in the presence of Mr. Christopher Cutro,
Planning Director, I have advised your office that Florida Power &
Light has indicated that alley abandonment requests be provided a
minimum of 45 days prior to Planning & Zoning Board and/or City
Commission consideration due for the most part by his company's
limited number of staff necessary to perform reviews and the effects
of Hurricane Andrew, therefore, it has been agreed upon that when
the applicant submits the original request for abandonment, he will
be directed, at that time, to coordinate with the affected utility
Companies.
Should I receive Florida Power & Light's conditions of approval prior
to the aforementioned Board meetings, I will immediately forward them
to your attention.
~~~~
vincent A. Finizio
VAF/ck
cc: Christopher Cutro, Planning & Zoning Director
J. Scott Miller, City Manager
W. Richard Staudinger, P.E., City Engineer
attached: Bell South Telecommunications letter dated May 6, 1993
Florida Public utilities Company letter dated April 21, 1993
Comcast Cable (verbal approval by telephone on May 6, 1993)
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BELLSOUTH
71IlIOCMfMUNlCllA""'@
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Room 501
III 'trn St.
WII" Palm BNCh. FI. 33.01
May li, un
Hr. V. A. P1n1s10
Deputy city Ingineer
P. O. Box 310
Boynton Beach, PI. 33435-0310
RB: ALLEY ABlIJIDOHIIBlIT REQUESTS SUBMITTED BY S'.l'. KA.RKS
CATHOLIC CHURCH AT NB 5TH AVBNUB , MEINEKE
DIScomr.r MUPPLER AT 925 N. FEDERAL HIGHWAY
Dear Mr. riniaio:
Please !:Ie adv18e<1 that Southern Ball has no obj ection to
the reque.ted abandonment at st. Marks CatholIc Church.
The abandonment at 925 N. Federal Highway can be made under
the following conditions:
1. Existing- telepnone facilities will remain in place
until .uch time that southern Bell relocates to an
easement provided in condition 2.
Z. Provide a 10' wide ea~ement that ie the we~terly 10' of
the 20' alley to be abandoned.
Should you have any questions plClaeCl oontact ... at (407)
937-6395.
Your" truly,
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William B. Sowers
Enqineer
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P. O. Box 3395
West Palm Beach,
FL 33402-3395
April 21, 1993
Mr. Vincent A. Finizio
Deputy City Engineer
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33435-0310
RE: A) ALLEY ABANDONEMENT AT 925 N. FEDERAL HIGHWAY (20')
B) ALLEY ABANDONMENT AT NE 5TI1 A VENUE (ST. MARKS
CATIlOLlC CHURCH)
Dear Mr. Finizio:
Please be advised that Florida Public Utilities Company has no objection to the
abandonment of the existing 20' & 10' easements, respectively, described in your
letter.
At the present time, we have no underground gas distribution facilities located within
the limits of the proposed abandonment.
Sincerel ,
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David E. Pellico
Division Engineer
cc: Mr. M. L. Schneidermann
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