LEGAL APPROVAL
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PLANNING AND
ZONING DEPT
The following proposed ordinances which are published by caption only were ea a
the City Commission meeting of the City Commission of the City of Boynton each,
Florida, on the 16th day of December, 1997. These ordinances shall be present for
proposed enactment by the City Commission, at the Regular City Commission mee 'ng
at City Hall, in the Commission Chambers, 100 East Boynton Beach Blvd., Boynt n
Beach, Florida, on Tuesday, January 6th, 1998 at 7:00 P.M.
NOTICE
ORDINANCE NO. 097-54
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE
APPLICATION OF CONDOR INVESTMENTS OF PALM
BEACH COUNTY (CEDAR RIDGE PUD) AMENDING
ORDINANCE 89-38 OF SAID CITY BY AMENDING THE
FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY BY ADOPTING
THE PROPER LAND USE OF CERTAIN PROPERTY,
MORE PARTICULARLY DESCRIBED HEREINAFTER;
SAID LAND USE DESIGNATION IS BEING CHANGED
FROM LOW DENSITY RESIDENTIAL TO PUBLIC AND
PRIVATE GOVERNMENT AUINSTITUTIONAL;
PROVIDING FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
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ORDINANCE NO. 097-55
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE
APPLICATION OF CONDOR INVESTMENTS OF PALM
BEACH COUNTY (A 6.37 ACRE PARCEL LOCATED
ADJACENT SOUTH AND EAST OF LAKE WORTH
CHRISTIAN SCHOOL, EAST OF HIGH RIDGE ROAD,
APPROXIMATELY ONE-HALF MILE SOUTH OF
HYPOLUXO ROAD); AMENDING ORDINANCE 91-70 OF
SAID CITY BY REZONING A CERTAIN TRACT OF LAND
MORE PARTICULARLY DESCRIBED HEREIN, FROM
P.U.D. (PLANNED UNIT DEVELOPMENT) TO R-1AA
(SINGLE FAMILY RESIDENTIAL) ON THE NORTHEAST
PORTION OF THE ORIGINAL PLAT OF CEDAR RIDGE;
AMENDING THE REVISED ZONING MAP ACCORDINGLY;
PROVIDING FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
ORDINANCE NO. 097-56
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 24, liT AXICABS", BY DELETING SECTIONS 24-
12, 24-14, AND 24-15 IN THEIR ENTIRETY, RESERVING
SAID SECTIONS; AMENDING SECTION 24-13,
REQUIRING THE SUBMITTAL OF DRIVING AND
CRIMINAL RECORDS OF TAXICAB DRIVERS AND
REQUIRING VEHLCLE INSPECTIONS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
Interested parties may appear at said meeting and be heard with respect to these
proposed ordinances. Subject ordinances may be inspected by the public at the Office
of the City Clerk at said City Hall. Pursuant to F.S. 286.0105, please be advised that if
a person decides to appeal any decision made by the City Commission with respect to
any matter considered at this meeting, he will need a record of this proceeding, and for
such purpose, he 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, CMC/AAE
CITY CLERK
PUBLISH: PALM BEACH POST
DECEMBER 20, 1997
S\CC\WORD~eneral\ORD AD 1
ORDINANCE NO. 097-0~
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA, REGARDING THE APPLICATION OF
CONDOR INVESTMENTS OF PALM BEACH
COUNTY (CEDAR RIDGE PUD) AMENDING
ORDINANCE 89-38 OF SAID CITY BY
AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN OF THE CITY
BY ADOPTING THE PROPER LAND USE OF
CERTAIN PROPERTY, MORE PARTICULARLY
DESCRI~ED HEREINAFTER; SAID LAND USE
DESIGNATION IS BEING CHANGED FROM LOW
DENSITY RESIDENTIAL TO PUBLIC AND
PRIVATE GOVERNMENTAL/INSTITUTIONAL;
PROVIDING FOR CONFLICTS, SEVERABILITY
AND AN EFFECTIVE DATE.
TH
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WHEREAS, the City Commission of the City of BOYnton
Beach, Florida has adopted a Comprehensive Future Land
Use Plan and as part of said Plan a Future Land Use
EI ement by Ordinance No. 89 - 3 8 in accordance wi th the
Local Government Comprehensive Planning Act; and
WHEREAS, Condor Investments of Palm Beach County,
owners of the property more particularly described
hereinafter, has requested the above mentioned Land Use
Element amendment; and
WHEREAS, the procedure for amendment of a Future
Land Use Element of a Comprehensive Plan as set forth in
Chapter 163, Florida Statutes, has been followed; and
. -~ -. - - .- . - .
WHEREAS, after public hearing and study, the City
Commission deems it
in the best interest of the
inhabi tants of said City to amend the aforesaid Element
of the Comprehensive Plan as adopted by the City herein.
NOW,
THEREFORE,
BE
IT ORDAINED BY THE
CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1:
Ordinance No. 89-38 of the City is
hereby amended to reflect the following:
That the Future Land Use of the following described
land
designated
as
Public
shall
be
and
Private
Governmental/Institutional.
is
Said
land
more
particularly described as follows:
Parcel "B" and lots 35 through 45,
inclusive, of Cedar Ridge, a P.U.D.,
and High Ridge Commerce Park, a
P.I.D., according to the plat thereof
recorded in the office of the Clerk
of the Circuit Court in and for Palm
Beach County, Florida, at Plat Book
46, page 58.
Containing 6.376 acres more or less,
and subject to easements,
reservations or R/W of record.
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Section 2:
Tha t any maps adopted in accordance wi th
the Future Land Use Element shall be amended accordingly.
Section 3:' All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 5: The effective date of this Ordinance shall
be the date a final order is issued by the Department of
Community Affairs finding this amendment to be in compliance
in accordance with Chapter 163.3184, F. S. ,; or the date a
final order is issued by the Administration Commission
finding amendment to be in compliance in accordance with
Chapter 163.3184, F.S.
FIRST READING this /6 day of --z1::t:!E/II.eG"1f , 1997.
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ATTEST:
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ORDINANCE NO. 097-$5
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF CONDOR
INVESTMENTS OF PALM BEACH COUNTY (A
6.37 ACRE PARCEL LOCATED ADJACENT
SOUTH AND EAST OF LAKE WORTH
CHRISTIAN SCHOOL, EAST OF HIGH RIDGE
ROAD, APPROXIMATELY ONE-HALF MILE
SOUTH OF HYPOLUXO ROAD); AMENDING
ORDINANCE 91-70 OF SAID CITY BY
REZONING A CERTAIN TRACT OF LAND
MORE PARTICULARLY DESCRIBED HEREIN,
FROM P.U.D. (PLANNED UNIT
DEVELOPMENT) TO R-1AA (SINGLE FAMILY
RESIDENTIAL) ON THE NORTHEAST
PORTION OF THE ORIGINAL PLAT OF CEDAR
RIDGE; AMENDING THE REVISED ZONING
MAP ACCORDINGLY; PROVIDING FOR
CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida
has adopted Ordinance No. 91-70, in which a Revised Zoning Map was
adopted for said City; and
WHEREAS, Joe Basil and Cedar Ridge Development Inc., as agent
for Condor Investments of Palm Beach County, owners of the property more
particularly described hereinafter, has heretofore filed a Petition, pursuant to
Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton
Beach, Florida, for the purpose of rezoning a certain tract of land consisting
of 6.37 acres, said land being more particularly described hereinafter, from
P.U.D. (Planned Unit Development) to R-1AA (Single Family Resioential),
which requests that the 6.37 acre tract be removed from the boundaries of
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the P.U.D. zone to allow for the processing of the rezoning
application; and
WHEREAS, the City Commission deems it in the best interests of the
inhabitants of said City to amend the aforesaid Revised Zoning Map as
hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The following described land, located in the City of Boynton
Beach, Florida as set forth as follows:
Parcel "B" and lots 35 through 45, inclusive, of Cedar
Ridge, a P.U.D. and High Ridge Commerce Park, a
P.I.D., according to the plat thereof recorded in the
office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, at Plat Book 46, Page 58.
Containing 6.37 acres, more or less
be and the same is hereby rezoned from P.U.D. (Planned Unit Development)
to R-1AA (Single Family Residential). A location map is attached hereto as
Exhibit "An and made a part of this Ordinance by reference.
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Section 2: That the aforesaid Revised Zoning Map of the City shall be
amended accordingly.
Section 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any
portion thereof be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the remainder of this Ordinance.
Section 5: This ordinance shall become effective immediately upon
passage.
FIRST READING this /~ day of <l.JEC!E/H/2€"1'? , ~997.
SECOND, FINAL READING and PASSAGE this 6
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ATTEST:
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CITY OF BOYNTON BE
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RESOLUTION NO. R97 - B ~
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
ACCE~~~~_S:_~_~ TIi~/ FINAL -p~~ AND SURETY
. FOR~9E~TATE~!:1LQ, SUBJECT TO
----mE CONDITIONS SET OUT IN THE ATTACHED
~
________ DEVELOPMENT ORDER; AND PROVIDING AN
~~---- EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, upon recommendation of staff, does hereby
accept the Final Plat and surety for Cedar Ridge Estates PUD,
subject to the conditions set out in the attached Development
Order.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The City Commission of the City of Boynton
Beach, Florida, upon the recommendation of staff, hereby
approves acceptance of the Final Plat and Surety for Cedar
Ridge Es ta tes PUD, subj ect to the conditions set out in the
attached Development Order.
Section 2.
That
this
Resolution
shall
become
effective immediately upon passage.
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PASSED AND ADOPTED this ~o
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day of May, 1997.
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RESOLUTION NO. R97-/"/ 'J.,0~f
A RESOLUTION OF THE CITY COMMISSION OF~ ~~
THE CITY OF BOYNTON BEACH, FLORIDA, ~!?
ABANDONING A TWENTY-FIVE FOOT WIDE 4?
LANDSCAPE BUFFER EASEMENT, (CEDAR
RIDGE, PUD & HIGH RIDGE COMMERCE PARK,
PID); SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID
ABANDONMENT; PROVIDING THAT THE
ATTACHED DISCLAIMER BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the applicant, J. RICHARD HARRIS, ESQ., agent for
CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC., has requested
abandonment of a twenty (25') foot wide landscape buffer easement, from the
western property line of Lot 20 to the eastern property line of Lot 11, of Block 2,
of the High Ridge Commerce Park, PID; and
WHEREAS., comments have been solicited from the appropriate City
Departments; and
WHEREAS. public hearings have been held before the City's Planning
and Zoning Board and the City Commission on the proposed abandonment; and
WHEREAS. based on the foregoing information, the said easement no
longer serves any useful purpose.
NOW. THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
by and through its City Commission does hereby abandon a twenty-five (25') foot
ORB 9937 Pg 1926
landscape buffer easement, from the western property line of lot 20 to the
eastern property line of lot 11, of Block 2, of the High Ridge Commerce Park
PID, and more particularly described in Exhibit "A".
Section 2. The Mayor and City Clerk are hereby authorized and
directed to execute and deliver the attached Disclaimer and cause the same to
be filed in the Public Records of Palm Beach County, Florida.
Section 3. That this Resolution shall become effective immediately
upon passage.
PASSED AND ADOPTED this _~ day of August, 1997.
CITY OF BOYNTON BEACtLELORIDA
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EXHIBIT "A"
Buffer easement twenty-five feet (25') in width located
on the southerly twenty-five feet (25') of Lots 11
through 19, inclusive, and on the southerly twenty-five
feet (25') of the East 161.30 feet of Lot 20, and on that
portion of Lot 20 south of a line which is the westerly
extension of a line parallel to and twenty-five feet (25')
north of the south line of Lot 20, extended to the west
line of said Lot 20, all in Block 2, of Cedar Ridge, a
PUD & High Ridge Commerce Park, a PID, according
to the Plat thereof on file in the Office of the Clerk of
the Circuit Court in and for Palm Beach County,
Florida, at Plat Book 46, Pages 58 through 61,
inclusive.
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9937 j:'g 1929
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton
Beach, Florida, a municipal corporation, under the laws of the State of Florida,
does hereby abandon and disclaim a certain landscape buffer easement, from
the westerly property line of Lot 20 to the eastern property line of Lot 11, of
Block 2, of the High Ridge Commerce Park PID, Palm Beach County, Florida,
more particularly described herein as Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the City of
Boynton Beach, Florida, have hereunto set their hands and affixed the seal of
..... the City this '7 day of August, 1997.
.,..". f,~f' . ~
ATTEST: ..
...t~~~k
,i STATE-OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
CITY OF BOY~N BEACH, FLORIDA
I ~,'
.~.~~~
,Jerry Ta, or, yor
, / {
BEFORE ME, the undersigned authority, personally appeared JERRY
TAYLOR and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City
of Boynton Beach, Florida, known to me to be the persons described in and who
executed the foregoing instrument, and acknowledged the execution thereof to
be their free hand and deed as such officers, for the uses and purposes
mentioned therein; that they affixed thereto the official seal of said corporation;
and that said instrument is the act and deed of said corporation.
o~ 9937 PC} 1. 930
WITNESS my hand and official seal in the said State and County this
~ day of August, 1997.
My Commission Expires:
;!Jl-/ /!d,-^-/~-
NOTARY PUBLIC, State of Florida
t....~::~....~~.............\....<.,'{,...........w,\\\\W".',<,....\""-'.\\.......w..,~\
'~/.~..~.... Eve Eubanks <
/.". ::. i Notal)' ~blic, St.-.te of Florida :
:i, .,~!~.. CommIssion No. CC 627446 l
~ ....... My Commission Exp. 04/0S/2001 ~~
"11(. I <,'
. ,/, Nt/((/tllIlItIN/tltltltllltlllll/lIIM't'?.t
_._~-_.._-_.._,--~--~'-------.._---
ORB 9937 Pg 1931
Dor 'Y H. WILKEN, CLERK PB COUNTY, FL
EXHIBIT "A"
Buffer easement twenty-five feet (25') in width located
on the southerly twenty-five feet (25') of Lots 11
through 19, inclusive, and on the southerly twenty-five
feet (25') of the East 161.30 feet of Lot 20, and on that
portion of Lot 20 south of a line which is the westerly
extension of a line parallel to and twenty-five feet (25')
north of the south line of Lot 20, extended to the west
line of said Lot 20, all in Block 2, of Cedar Ridge, a
PUD & High Ridge Commerce Park, a PID, according
to the Plat thereof on file in the Offi~e of the Clerk of
the Circuit Court in and for Palm Beach County,
Florida, at Plat Book 46, Pages 58 through 61,
inclusive.
,.
'.1JU City of
$oynton $eacn
100 rr.. ~ton iJJeadi iJJoufevari
v' ~O. iJJ~310
iJJoynton iJJeadi, !fforilfa33425-0310
City 9Iaff: (561) 375-6000
!fJtX: (561) 375-6090
Aug-.L'I-1997 12:84p. 97-289422
ORB 9937 Pg 1932
11111111111111111111111111111111111111111111111111111111.'
CERTIFICA TION
I, Suzanne M. Kruse, City Clerk of the City of Boynton Beach, Florida, do hereby
certify that the following mentioned and attached items are true and correct
originals and copies as they appear in the records of the City of Boynton Beach,
Florida.
Copy of Resolution #R97-132
Copy of legal description and map
2 pages
1 page
2 pages
1 page
Original Disclaimer
Original legal description
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, this 8th day of August, 1997.
\\ \\\\ III" Ii 111/
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~~~~U3"
Suza ne M. Kruse, CMC/ AAE
City Clerk
August 8, 1997
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(1J:&.T( 9937 Pg 1. 933
RESOLUTION NO. R97 -/~ ? -1D :
\
A RESOLUTION OF THE CITY COMMISSION OF )
THE CITY OF BOYNTON BEACH, FLORIDA, / . I
ABANDONING A TEN-{1[t~Q9T WIOE-UI~ ~ K~'^
_ _EASEMENT, (CEDAR RIDGE,_':~D & HIQt:L.RIDGE=~~l ~ fl~ ~~
--CO-MMER.Q~fARK, PID);;SAID PROPEFfTY BEING f\W'
MORE PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID
ABANDONMENT; PROVIDING THAT THE
ATTACHED DISCLAIMER BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the applicant, J. RICHARD HARRIS, ESQ., agent for
CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC., has requested
abandonment of a Ten (10') foot wide utility easement, from the western property
line of Lot 20 to the eastern property line of Lot 11, of Block 2, of the High Ridge
Commerce Park, PID; and
WHEREAS, comments have been solicited from the appropriate City
Departments; and
WHEREAS, public hearings have been held before the City's Planning
and Zoning Board and the City Commission on the proposed abandonment; and
WHEREAS, based on the foregoing information, the said easement no
longer serves any useful purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
by and through its City Commission does hereby abandon a ten (10') foot
ORB 9937 Pg 19'34
easement, from the western property line of lot 20 to the eastern property line of
lot 11, of Block 2, of the High Ridge Commerce Park PID, and more particularly
described in Exhibit "A".
Section 2. The Mayor and City Clerk are hereby authorized and
directed to execute and deliver the attached Disclaimer and cause the same to
be filed in the Public Records of Palm Beach County, Florida.
Section 3. That this Resolution shall become effective immediately
upon passage.
PASSED AND ADOPTED this J day of August, 1997.
CITY OF BOYNTON BEACH, FLORIDA
-'-<.
. Mayor
j
Attest:
:\\\\\\\ \1111111//11.
lh ~~-~~~ #"~o:.~?..\1 :/~
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fl':B '9'937 Pg 1 '935
EXHIBIT "A"
Utility Easement ten feet (10') in width located on the
southerly ten feet (10') of Lots 11 through 19,
inclusive, and on the southerly ten feet (10') of the
East 161.30 feet of Lot 20, and on the southwesterly
10 feet (10') of that portion of Lot 20 adjacent to and
northeast of the southwesterly corner line of Lot 20,
which is 34.95 feet in length, all in Block 2 of Cedar
Ridge, a PUD, & High Ridge Commerce Park, a PID,
according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach
County, Florida, at Plat Book 46, Pages 58 through
61, inclusive.
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D.QB 9937 Pg ~ 937
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton
Beach, Florida, a municipal corporation, under the laws of the State of Florida,
does hereby abandon and disclaim a certain utility easement, from the westerly
property line of Lot 20 to the eastern property line of Lot 11, of Block 2, of the
High Ridge Commerce Park PID, Palm Beach County, Florida, more particularly
described herein as Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the City of
Boynton Beach, Florida, have hereunto set their hands and affixed the seal of
,..,Jhe, City this 1.- day of August, 1997.
~"'f:." I (1 , '? '.
...' . : ',l ~
, AtTEST:
.C~, ' : I
~~
! . . Su anne Kruse, City Clerk
CITY OF BOYNTON BEACH, FLORIDA
~ .
/ ...,...,~- ' -" - f -~
STATE OF FLORIDA
(;
COUNTY OF PALM BEACH
)
)ss:
)
BEFORE ME, the undersigned authority, personally appeared JERRY
TAYLOR and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City
of Boynton Beach, Florida, known to me to be the persons described in and who
executed the foregoing instrument, and acknowledged the execution thereof to
be their free hand and deed as such officers, for the uses and purposes
mentioned therein; that they affixed thereto the official seal of said corporation;
and that said instrument is the act and deed of said corporation.
'3 9937 Pg 1938
WITNESS my hand and official seal in the said State and County this
7 ~ay of August, 1997.
LL~
NOTARY PUBLIC, State of Florida
My Commission Expires:
. . '\"'\~\""""\\\\'''''''\\'''''''\'''''''''''''''''''''''W'\\'\'''\'''\'\'''''\\\'\\i'
"'-;~!.*" Eve Eubanks ~
(, tot/;.> ,) Notary Public. State of Florida :
; \,6~.: Commission No. CC 627446 ,~
.~ '..'?!.~.o My Commission Exp. 04/05/2001 5'
o "
"(/(I(II/(lI((I(((IINII(llt.'-((/,''''''''''',',I'II/lN/ {
.
JRB 9937 Pg 1. 939
DOROTHY H. WILKEN, CLERK PB COUNTY, FL
EXHIBIT "A"
Utility Easement ten feet (10') in width located on the
southerly ten feet (10') of Lots 11 through 19,
inclusive, and on the southerly ten feet (10') of the
East 161.30 feet of Lot 20, and on the southwesterly
1 0 feet (10') of that portion of Lot 20 adjacent to and
northeast of the southwesterly corner line of Lot 20,
which is 34.95 feet in length, all in Block 2 of Cedar
Ridge, a PUD, & High Ridge Commerce Park, a PID,
according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach
County, Florida, at Plat Book 46, Pages 58 through
61, inclusive.
RESOLUTION NO. R97-~t'.B
I
: I
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ABANDONING A SIXTY (60) FOOT WIDE RIGHT-
OF-WAY, (LOCATED WITHIN THE HIGH RIDGE
COMMERCE PARK PID AND CEDAR RIDGE PUD
SUBDIVISION); SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID
ABANDONMENT; PROVIDING THAT THE
ATTACHED DISCLAIMER BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
, ,
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WHEREAS, the applicant, J. RICHARD HARRIS, ESQ., agent for
CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC., has requested
abandonment of a Sixty (60') foot wide right-of-way, located within the High
Ridge Commerce Park PID and Cedar Ridge PUD subdivision;
WHEREAS, comments have been solicited from the appropriate City
Departments; and
WHEREAS, public hearings have been held before the City's Planning
and Zoning Board and the City Commission on the proposed abandonment; and
WHEREAS, based on the foregoing information, the said right-of-way no
longer serves any useful purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
by and through its City Commission does hereby abandon a sixty (60') foot wide
right-ot-way, and more particularly described in Exhibit "A".
Section 2. The Mayor and City Clerk are hereby authorized and
1
, directed to execute and deliver the attached Disclaimer and cause the same to
!
be filed in the Public Records ot Palm Beach County, Florida.
Section 3. That this Resolution shall become effective immediately
upon passage.
PASSED AND ADOPTED this /~ day of December, 1997.
CITY OF BOYNTON BEACH, FLORIDA
'<:;:/
/~ _c~
Mayor
v#....., ~
Commissioner
Commissioner
Il
-;;;2C
'-
s:ca\wp\Reso\Forest Court Aband.
ATTEST:
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EXHIBIT "A"
That portion of Forest Court established and
dedicated by the Plat of Cedar Ridge, a P.U.D. & High
Ridge Commerce Park, a P.I.D., according to the Plat
thereof recorded at Plat Book 46, Page 58, of the
Public Records of Palm Beach County, Florida,
abutting Lots 36 through 45, inclusive of Block 1 of
said Plat and abutting the East 75' of Lot 35, Block 1
of said Plat.
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
I~~
I~ 5-J~
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APPLICANT: Cedar Ridae Development Corporation
APPLICANT'S AGENT:
Paramount Enaineerina Group, Inc.,
HEARING BEFORE CITY COMMISSION: Mav 20, 1997
'\) \ Ox-+ - eel - CCJI
TYPE OF RELIEF SOUGHT:
Final Plat Approval. Acceptance of Surety
LOCATION OF PROPERTY:
North of Minor Road, East of Hioh Ridae Road
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO.
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 Appl!9ant's application for relief is hereby
JL GRANTED subject to the conditions marked as "include" in
Exhibit ItC" hereto.
DENIED
4. This Order shall take effect immediately upon issuance by the City Clerk.
5. All further development on the property shall be made in accordance with
the terms and conditions of this order.
. ~--~_.--.._-
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Other:
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DATED: Mav 20. 1997
~
1/f'- C' y Attorney
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EXHIBIT "C ..
Conditions of Aoproval
Project name: Cedar Ridge Estates. a P.U.D.
Type of Development Order (Master Plan. Site Plan or Plat): FINAL PLAT
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGlNEERlNG DIVISION
Comments:
I. Subject to receipt of the mylar plat with satisfactory signatures and seals
(signed and sealed copies will replace attached copies prior to Commission
Meeting.
"') The signatures of the City Engineer (and his seal) and the Mayor. .'
.... ./
3. A Letter of Credit for 110% of those improvements dedicated to the City
(sewer/water) acceptable to the City Attorney and Finance Director (may be / //
"
here prior to Commission Meeting.
4. Receipt of a "Clean" recordable copy of the documents for the two H.O.A.'s
known as Cedar Ridge Townhomes and Cedar Ridge Community / ...--
Association. Both sets of documents to have fmal approval by the City I
Attorney. the City Forester and the Planning Department.
5. Receipt of required Lake Worth Christian recorded covenams as stipulated in -
"Agreement for Drainage" prior to first building C.O. 'vI
6. The final lift of road asphalt to be installed after completion of all building /"
consttUction. . /
7. Satisfactory response to Assistant City Attorney Pawelczyk' s 5/1/97 memo Su (\:> ",\ . ~;l(. "
(attached) regarding the drainage agreement and receipt of recorded C ..:,,',(,- -~ \ ~I
document prior to issuance of Development Permit.
BUILDING DIVISION
Comments: None
DEPARTMENTS INCLUDE REJECT
PARKS AND RECREATION
Comments:
I. In accordance with Article V. Section 3.(6) (g), the City Commission shall
specify the development time for the park and recreational facilities approved ,
for half credit towards the recreation dedication fees. Existing approvals v
specify that the developer must complete at least the meeting hall and
swimming pool by the flfSt certificate of occupancy for the Townhouse
section.
FORESTERiENVIRONMENT ALIST
Comments: None
PLAt'JNING AND ZONlNG
Comments:
I. Reinitiate rezoning process that served to extract from the PUD the platted
, '"
lots within the Pt.JD that are no longer intended to be developed but are to \/
become a future exoansion of the adjacent Lake Wonh Christian School.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
ADDITIONAL CITY COMMISSION CONDITIONS
,bme
s:' orOjec:s\cond of appr\
~
ADDITIONAL CONDITIONS FROM COMMISSION MEETING
1. The City Manager shall have the authority. as delega~ed from the
City Commission, to resolve any issues arisin~ with respect to
Comment 7 of this Development Order.
2.
3.
4.
5.
6.
7.
8.
9.
10.
0~108/1991 08:35 4075335801
CEDAR RIDGE DEVEL
PAGE 01
TO:
FROM:
RE:
DA Tit:
PAGES:
COMMENTS:
(!(!~~~
Cedar Ridge Development Corp 0 m 0 WI m rn1
Fax Cover Sheet 116 2 9 1991 IE)
Name:
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01J08/1991 08:35
4075335801
CEDAR RIDGE DEVEL
PAGE 02
Cedar Ridge
Develo P!!!-G~P!VE~2rP.
~
August 28, 1997
7000 HIGH RIDGE ROAD
UHT ANA, FL 3J462.5006
VOICE ~07-S33-5199
FAX ~07-J33-6801
Mr. John Yeend
City of Boynton Beach
Engineering Dept.
Re: Punch-out list for Commerce Road it High Ridge Road
Dear John.
As per our telephone conversation on Wednesday, August 27, 1997, we will stan to
resolve items 1, 2, 3, 4, 6, 7, & 12 on your punch-out list (attached) immediately We
should be able to complete these items within the next two weeks,
With regard to:
Item #S - I believe we both agree that Item #S will not and really cannot be
addressed until a later date. Back when the Kilpatric Building was being
inspected, Jim Duval from the City Engineering Dept., inspe=:-ed the >(c..r ?
drainage system on Commerce Road thoroughly. The system h een
cleaned and vacuumed prior to his inspection. At that time k loth was
installed to prevent sand from washing back into the system. Until more
buildings arc constructed the cloth should remain.
Item #8 p It was my understanding that the fence Kilpatric installed across the RIW
was approved by the city for security reasons. lohn. maybe somebody
should determine ownership of Commerce Road before addressing this ~
issue. Because, if the road is private this item does not apply.
Item #9 & 10 - As discussed) both items 9 & 10 need to be addressed as each
building is built. These items should be a contingency for C/O and the
responsibility of the individual lot owners.
Item # 11 - The Conunerce R.oad site utilities were repaired, inspected and
approved by the city utility dept. when Cedar Ridge Estates single family
section was approved. This also included clearance from the Health Dept..
Page 1 of2
0~/08/1991 08:35
4075336801
CEDAR RIDGE DEVEL
PAGE 03
Cedar Ridge Development Corp. to
Mr. John Yeend, City of Boynton Beach Engineering Dept.
Page 2 of2
Item # 13 - Please note the attached letter from FP&L. FP&L will install the street
lights for Commerce road when they supply power to said road. FP&L
does not charge for this service.
In conclusion, we win endeavor to complete items 1,2.3,4,6, 7, & 12 as soon as
possible. Once complete we win call for inspection.
Thank you for your assistance in this matter,
Respectfully.
Joi!t.::rsA
President
0~/08/1991 08:35
4075335801
CEDAR RIDGE DEVEL
PAGE 04
BOYNTON BEACH DEV SLOG
W 5613756357
JOt: 9 Me.t.
08/27/97 14: 46 B : 01/01 NO: 410
S33~-6g01
t . No stop sign at eod of Commerce Road.
2. No stop bar at end of Commerce Road.
3. HoJc. need to be fixed in asphalt and pipes which were fence posts at one time need to be cut
out and patc:hed.
4. No High Ridle Road sian at intersection.
S. Catch basins on Commerce Road need to have filter fabric and plywood removed and basins
(; loaned out if aec:oNII)'.
6. Htah Ridae Road tum llUJC (left) to Commerce Road should bave turn arrows installed 00
pavement.
7. 'Nhite solid Hnc on High Ridge Road should be removed wh(:re it goes across Commerce
Road.
8. Fence to. RJW ueeds to be removed, adjacent to Kjlpatricks,
9. Sidewalk on both sides of road needs to be icstalted.
10. Swales need to be inllta1ted. inCluding sodding.
1 t. Approval from Utilities on sewer. wllter. flre hydrants, etc. is needed.
t 2. Minor nphtllc repnirs are nccess~ry on Commerce Road.
13. Street lighting has not been installed.
0!/08/1991 08:35
4075335801
CEDAR RIDGE DEVEL
F'AGE 05
-
t=P>>L
Florid. Pow.., '" ligM C~I.."'. t12g s. Mllituy Trill. aoynton 1I.,eh. fto :J:J"~
Mr. Joe Basil
Cedar Ridge Development Corporation
7000 High Ridge Rd
Lantana, FI )3462.5006
August 27, 1997
Dear Mr. Basil:
I have reviewed the Site lighting plan for High Ridge Commerce Park, Boynton 8eachJ
Florida. It features 14.. 250 W High Pressure Sodium Vapor "lhts mountEX:f on 20 foot
poles with '00 (oot spacing.
^s we discussed, ~lorida Power & light Compal'\Y will be providing electric service to High
Ridge Commerce Park. The preliminary design features a three-phase overhead pole line
on the south sidt! of Commerce Drive. It is common that FPl streetlights are 6nstaJled on
FPL poles to avoid clearance problems and FPL will install poles of sufficient height to
accommodate the lights. AlthovSh Wll do not have 250 W lights, a .200 W light can be
installed at A greater height and with greater spacing.
A concern about ;,l final desisn of both the three phase overhead power and a ,treet light
c.ircuit is the spacing to achieve uniformity. It appears tnat the lots are approximately 140
feet frontage on Commerce Drive. However, one customer may opt for 2 or 3 lots and the
property line may not be the best lite for a light.
l would recommend FPL install 200 W High Pressure Sodium Vapor Street Lights with an
initial spacing of 140 feet between each light. The job to install these facilities would be
scheduled according to the power requirements of the first tenants building in the park. The
height that I would recommend is 35 feet to the IlIminaire.
There are othel' considerations should this be the manner in which you wish to proceed.
Please call me at 369-2223 or Wes Morris at 369-2231 If there is any other inforMation that
you need. As you know, he will be handling this area effective September 2, '997.
Sincerely _ .,
~ ,r' ,.."...~..
~- .A'~ ...,..
." ',"" -.
&'~ ~M
Mark'caras
Project Engineer
Iltl fPL Gn.lllfl company
OCT 29 '97 12:23 DENNIS P KOEHLER, P.A.)
P.l
LAW OFFICES
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DENNIS P. KOEHLER, P.A.
Conqress Business center
1280 North Congress Avenue, suite 104
West Palm Beach, Florida 33409
Telephone: (561) 684-2844
Facsimile: (561) 684-9370
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COMMENTS:
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LOCAL:
CHARGE TO:
NO. OF PAGES:
PLUS COVER SHEET
DATE , TIME OF TRANSMISSION:
OCT 29 '97 12:24 DENNIS P KOEHLER, P.A.)
P.2
LAW OFFices
Vennls 1'. I\t)ehler. It4.
Cong,... BUlin... Oenter
1280 North Con;r... A",ny., Suite 1 04
Wtft ~.Im Beach, Florld8 3340e
Telephon.: <"11 584-2844
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PLANNING AND
ZONING DEPI
J
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ey PAX
F8Cllmlle: (681) 684-9370
October 29, 1997
Ma. Tambr i J. Heyden
planning , Zonin9 Director
Boynton Beach ci~y Hall
100 Eaa~ Boynton Beach Boulevard
Boynton Beach, FL 33433
REI Cec!ar Ridge POD (LUU 97-001) - aequest tor two week
Ro.tDDnamen~ ot City Com.iaalon consideration an4
aotion
Oear Tambr1:
My client, Mr. Joaeph r. Basile, Jr., adviaed.e this aorning
that the City'. Planninq and Dev.lopmen~ Board voted la.t nlght
(Ootober a8) ~o reoommend approval of the referenced request for
land u.e amendment and rezonin9 for the LAKE WORTH CHRISTIAN
SeHooL (LWCS) propertie., subject to one contested oondition that
was reque.ted by your Oepartmentl
"Applicant ahall file and receive an approval of an
ab.ndonmen~ applioation or alternat.ive resolution ot the
road ownerShip disput.e prior t.o adoption of rezoning and
land UBe amendment ordinances."
As you well know, my client strongly oppo.e. the imposition
of this condition on the LWCS'. plan amendment anet rezoninq
petition. ~he LWCS'. reque.t to develop certain lots t.hat were
4eleted from the Cedar Ridge POD'. plat a. a school reoreation
facility i. compl.~ely .eparate from and unrelated to the on.qo1ng
development of t.he residential portions of the Cedar Ridge POD by
Mr. Ba.ll. and the CEDAR RIDG! OEVELOPMENT CORP.
It i. absolutely ....ntial that my clien~ have an opportunity
to make its ca.e before the Boynton Beach City Commission on this
key point. unfortunat.ely , neither Mr. B.aile nor I wlll be
available to appear before the City Commissien next Tuesday
evenln9, ~ov"hAr 4, when the referenc.d r.quest 18 scheduled for
publio hearlnq con.i4eration by the City Commi.slon. Mr. Basile
will be in Philadelphia with his ailing father, and I will be
returninq that eVtllning from a bu.ine.. trip to 1:'allabassee. It i.
impos.ible for either of us to change these travel plana in order
to appear before the City commission on Novemb.r 4.
w. therefore re.peC1:fully a.k you and/or the Cl~y Coaai.8ion
'to DOs'tlJOne final conaideration of the reference4 r8q\l..'t. for two
week., i.e. unt1l the city COIIIId.m.on'. nart regularly schedule4
-t:iDCJ on Tu..4ay, If()v~;- 11, 1997..
OCT 29 '97 12:25 DENNIS P KOEHLER, P.A.)
P.3
w. thank you in advanoe tor your consideration ot thi.
reque.t. By copy of this letter, I'm advising the LAKE WORTH
eKRIS~IAN SCHOOL'. attorney, Rick Harri., E.q., of our request for
a two week postponement in thi. matter.
Z.quire
DPl(/n.
po: Jam.. A. Cherot, Esq., City Attorney
Rick Harri., lequire
Mr. Jo.eph P. Baaile, Jr.
Herbert L. Gildan, S.q.
vennls ().
I
I\()ehle.... J>.A.
,
NOTICE OF PUBLIC HL .~IN(
NOTICE OF LAND USE CHANGE
NOTICE OF ZONING CHANGE
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, October
28, 1997 at 7:00 p.m. to consider the request described herein and submitted by Joe
Basil of Cedar Ridge Development, Inc., agent on behalf of Condor Investments of
Palm Beach County, property owner, regarding a total of 6.37 acres located at the
eastern terminus of Forest Road (Forest Road is located within the Cedar Ridge
Estates PUD which is on the east side of High Ridge Road and 1100 feet north of Miner
Road).
This request will also be considered by the City Commission of THE CITY OF
BOYNTON BEACH, FLORIDA, on Tuesday, November 4, 1997 at 7:00 p.m., or as
soon thereafter as the agenda permits at the CITY HALL COMMISSION CHAMBERS.
NATURE OF REQUEST:
To amend the Future Land Use Map of the Comprehensive Plan from Low Density
Residential (LOR) to Public and Private Governmentalllnstitutional and to rezone the
property from PUD (Planned Unit Development) to R-1AA, Single Family Residential,
on the northeast portion of the original plat of Cedar Ridge for the future transfer to and
use by the Lake Worth Christian School for recreational purposes.
LEGAL DESCRIPTION:
Parcel "B" and lots 35 through 45, inclusive, of Cedar Ridge, a P.U.D., and High Ridge
Commerce Park, a P.I.D., according to the plat thereof recorded in the office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, at Plat Book 46, page
58.
All interested parties are notified to appear at said hearing in person or by attorney and
be heard. Any person who decides to appeal any decision of the Planning and
Development Board and/or City Commission with respect to the 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
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH: The Palm Beach Post
October 17, 1997
October 24, 1997
J:\SHRDA T A \Planning\SHARED\WP\PROJECTS\CED-RIDG\LUAR\legalnot.doc
c: City Manager, City Commission, City Attorney, Planning, Files
DEVElO. .~ENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #97-478
TO:
FROM:
Sue Kruse
City Clerk
Tambri J. Heyden, AICP .-r ~
Planning and Zoning Director
DATE:
September 22, 1997
RE:
Cedar Ridge PUD/lake Worth Christian School Amendment and
Rezoning (lUAR 97-001)
Joe Basil, agent for the lake Worth Christian School Society, Inc. is requesting
that 6.4 acres of vacant property located adjacent to the south and east of the
lake Worth Christian School on High Ridge Road be rezoned and that the Future
land Use Plan designation be amended. The current land use and zoning on this
property is low Density Residential and PUD (Planned Unit Development),
respectively. To prepare this property for use by the school, the applicant is
requesting that the property be rezoned to R-1AA, Single Family Residential, and
the Future land Use Map designation be changed to Public and Private
Governmental/Institutional. See attached copy of submittal documents. A new
application fee has already been transmitted to Finance.
A legal advertisement for same has been prepared for the October 28, 1997
Planning and Development Board Public Hearing and the November 4, 1997 City
Commission Public Hearing, and will be forwarded to your office after review by
the City Attorney. Also, property owners notices must be mailed out no later than
September 26, 1997.
T JH:dim
xc: Central File
Attachments
J:\SHRDA T A\Planning\SHARED\WP\PROJECTS\CED-RIDG\LUAR\legalnot.doc
RL.ulUEST 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 working days prior to the newspaper's ad
submittal deadline.
ORIGINATOR: Planning and Zonina
PREPARED BY: Michael Rumpf
DATE PREPARED: September 22.1997
BRIEF DESCRIPTION OF NOTICE OR AD: Cedar Ridae PUD/Lake Worth Christian
School Land Use Plans Amendment and Rezonina
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size,
Section Placement, Black Border, etc.)
Standard Legal Ad for Plannina and Development Board meeting on October 28.
1997 at 7:00 p.m. and City Commission meeting of November 4. 1997 at 7:00 p.m.
SEND COPIES OF AD TO: Newspaper. adioining property owners (bv September
26. 1997). applicant and Planning and Zonina Director.
NEWSPAPER(S) TO PUBLISH: The Post
DA TE(S) TO BE PUBLISHED: October 17. 1997 and October 24. 1997
LAST DATE TO FAX TO NEWSPAPER: October 15.1997
APPROVED BY:
~
(1) ,
(Originator)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
J:\SHRDA T A\Planning\SHARED\WP\PROJECTS\CED-RIDG\LUAR\legalnot.doc
~ _ riCE OF PUBLIC HEARING
NOTICE OF LAND USE CHANGE
NOTICE OF ZONING CHANGE
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, October
28, 1997 at 7:00 p.m. to consider the request described herein and submitted by Joe
Basil of Cedar Ridge Development, Inc., agent on behalf of Condor Investments of
Palm Beach County, property owner, regarding a total of 6.37 acres located at the
eastern terminus of Forest Road (Forest Road is located within the Cedar Ridge
Estates PUD which is on the east side of High Ridge Road and 1100 feet north of Miner
Road).
This request will also be considered by the City Commission of THE CITY OF
BOYNTON BEACH, FLORIDA, on Tuesday, November 4, 1997 at 7:00 p.m., or as
soon thereafter as the agenda permits at the CITY HALL COMMISSION CHAMBERS.
NATURE OF REQUEST:
To amend the Future Land Use Map of the Comprehensive Plan from Low Density
Residential (LDR) to Public and Private Governmentalllnstitutional and to rezone the
property from PUD (Planned Unit Development) to R-1AA, Single Family Residential,
on the northeast portion of the original plat of Cedar Ridge for the future transfer to and
use by the Lake Worth Christian School for recreational purposes.
LEGAL DESCRIPTION:
Parcel liB" and lots 35 through 45, inclusive, of Cedar Ridge, a P.U.D., and High Ridge
Commerce Park, a P.I.D., according to the plat thereof recorded in the office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, at Plat Book 46, page
58.
All interested parties are notified to appear at said hearing in person or by attorney and
be heard. Any person who decides to appeal any decision of the Planning and
Development Board and/or City Commission with respect to the 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
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH: The Palm Beach Post
October 17, 1997
October 24, 1997
J:\SHRDA T A\Planning\SHARED\WP\PROJECTS\CED-RIDG\LUAR\legalnot.doc
HUC~ 14 . ':17 15: 28 DEt'l~l I S P I<OEHLEr:, F' . I=l. ) P . 2
LAW OFFices
()ennls 1>. l\()ehleJ: 1>"4.
Oon8"" 8u,'''''' O.rU.r
1210 North Cofto..... Av.nue. Suit. 1 C14
WU' P.'m haoh, Florida 31400
Tel.phon.: ("1) .'4.2144
'41"'mll.: (Ge1) .'+N70
BY .,~
MEMORANDUM
AU9ust 14, 1997
TO: Hon. Jerry Taylor, Mayor. CITY OF BOYNTON BEACH
Xs. ~.rry willi8, city Manager
Jam.. Ch.~of, asquire, City At~orn.y
H8. Tambri Heyden, Plannin~ , Zoning Director
F~OK: D6nni. P. RCebler. lequir~
SUBJECT: TQwnhom.. a t Ce~al" Ridge - R.EQ1JKST FOR DODmIATB
KKBT%NC to r..olv. d.v.l~pment Qrd.r problema
I'm writing th1_ m.mo~andum at the .p.oitic reque.t of my
client in this matter, Mr. Jo..ph Y. B..11., Jr., Pre.ident ot
CEDAR RIOGJIl DINELOPMEN'I' CORP. ot Boyntor~ Beach (tleBD~ RIDGE").
Mr. a..118' a company i. the developer (If the Ce4ar Rid;e PUD,
loc.t.~ on the e..t .ide of Hi~h R14q. RQSd, one-half mile .o~th
ot HypoluXQ roa~ in the eity.
On May 20, 1~g7, CIDAR RIDGE r.celved final plat approval
frol'l1 tn_ city Comm1..ion fClr the 110-un,Lt portion of th. Cedar
Ri4ge Pt1D known a. the 'I'OWNHOMIS AT CEt'AR RIDGE. Thill multi-
fam1ly project 1. logateeS within tlle Ced.ilr Ridqe PUO, juet 80uth
at th. Lake Worth Chr1.t:!an School'. campus.
l'here ar. ~wo (2) l'1:'..lIing rea.Ol\8 for r.qu..~inq thi.
~di.t. ...~in9:
(1) City .tatf h.. not yet ill.~e~ a Dev.lop..nt Orde~
t.hat. aoc::u.u...t.ly reflect. t:he ~.v.1a.d condition. of tinal
plat approval that: were approved. by i:he city commission
on Mar 20, ~~~?; and
(2) city .taft' i. (app.rently) ...ltinc; to i",poso AIUiC
qQJ)cU.tiona that were nev.r part ot t.ht. City Coui..ion's
~1nal plat approval.
My Client 18 l1terally in 4ire .trelt.: Th. projeo~'. 1.ndin9
instit.Ution cannot. 010.. on it. lIlulti-mil:.1on dollar conetruction
loan to CEDAR RIDGE, con.t.ruct1on cannot. begin and hund.rede of
pro8peetive townhoma buyer. c.nno~ pureh.~e unit. in the project,
unl... t.h... development order problema are re.olvec1 lMMltDZATl:LYl
My olient. has oomp11.<1 with every ren80nable requ..t m.a. by
eh. citYI and i. ...kin4 to comply with arl unr.a.onable condi~ion
ot plat approval that Plannin9 , zoning Oir.Q~o~ Heyden in.i.tea
Z:0 39\;7d
l3A3a 39aI~ ~\;7a38
1:08'3EESL0t>
'3E:'31O 1:66t/88/1:1O
;~'",~ ".~~'.';;
RlJ(j. 1 <1 '97 1:;: 29 DE.Nr F' I -fl..ER, F'. A. I
F' . .;1
,-
on May 20: That the Lake Worth Chr1.tian Sohool reinitiate 111
requ..t(l] tor ralonihq approv~l tor ~hos. loe. that wera d.l.~.d
tro~ ~h. ravi..4 ~la~ tor the ee4ar Rid9. POOI*
Planninq , zoninq Con4ition No. 1 at the townt\oJl\. plat
approva1 w.. rlxia.a on MAY 20 and approved by the Ci~y
co~i.sion, eo ~.ad .. fOllOW.'
"Prior to i..uance of the tiuLruic!ent.ia.]. buildin;
Dtn:,.it., r.lniti.~. rezoning proce... that ..rved to
.x~rac~ trom the pun the platted lot. wit.hin the Pun
~hat .~8 no long.r intended to ~e develop.4 but are to
beoom. a future expan.1on of ~h. ~djao.n~ Lake WQrth
Chr i.i:ian School. 1he ordirUlnc. ~9vincr t:hi.~.~6l'\ina
.us):.- be r inally ac!OI?t.~ Drior 1<<0 ..1:he ~gc;. ot the
first r..!c!el'\t:ia.l c.rtl(i~t. of -.O~cup"n.c~." (revi..4
new language ia Yndarl~Or~)
Mr. 8a.118 advi..4 m. thi, .orninq that certain member. ot
the ci.ty'. .i:att - spae1t1ca,11y, Mr. Miku Haaq and Mr. Al Newbold
- are now retU1ini to allow ccn.truotion to beqin on th. Townhome&
at Cedar R1dq. pt'ojeot l.lnl... oertain adcUt.i2na1 prQbl_:rft8 are
f1rat ~ddrea.ed. The.. "plat54" pro:~lem. 1nvolve linc;erinq
qUGstions over owner.hip ot the PUD' 15 intr..tructur. which,
~lthough Du11t aDd dedicated to the cit~, over 10 year. ago (and
since UBed and tr.ated a. City property), w.r. never officially
accepted by the City C01'lU'l\i..ion. Resolution of th... uJ:)lat 4 II
prOblems wlI neXl~m4d. 4 condition ot tbe ci~y Commi..1on'~ plat
~~2V&~ On May 2Q, .. M.. Heyden will aUT.ly oonfirm.
w. ~h.r.tor. r..pectt'l,llly in.tet that the City 1J1Ull.<!i..~.ly
convene a ~..tin9 to reaolv. thi. unaooeptable hCatch 22"
situation ~hat threaten. to d..troy 1che .n~ir. C.~ar Ridq.
projeot. We 8Uqq..t that City M.naqe~~ Willi. moderate thi.
~.etinq, <<nd that -he be jo1n.~ by Ms. Heyden, city Attorney
Chercf (or hi. r.pr...not_t.iv.), Mr. Hauc; and. Mr. Newbold. Mr.
Basile and I are 11~.r&11y available at ~ time, day or night, to
partiQ1pate in .uch a m..~ift9. iL~SE ~.~t
DPK/ns
pc: Mr. Jo.eph F. B.ail., Jr.
.On th1. 4ate, Attorney RiCK Harrl., who represented ~n. LWCS
in it. ...rlie:r rezoning .ttort, pledged tC) Mr. Basile that he will
i~.41.t.ly determ!n. with ~h. city's Mr. Mike Ruapf how bast to
quickly reinit1.te the LWCS r-ezoning p.t..L~1on.
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MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 20,1997
C. Resolutions
1. Proposed Resolution No. R97 -84 Re: Approve final plat for
Cedar Ridge Estates
Attorney Goren read Proposed Resolution No. R97-84 by title only.
Motion
Commissioner Jaskiewicz moved to approve Proposed Resolution No. R97 -84.
Commissioner Tillman seconded the motion.
Dennis Koehler, Attorney for Cedar Ridge, referred to comment 7 on .Exhibit C and
hoped the Engineering Division was referring to development permit for the single-
family town homes. He stated that one of the requirements that was accepted several
years ago was that the community facilities were going to be constructed first. He had
no objections to all the other conditions. .
Ms. Heyden could not address comment 7 because it was generated by the
Engineering Division. With regard to the Planning and Zoning comment on Exhibit C,
Ms. Heyden stated that if this comment is not amended as discussed, the application
would have to be turned in prior to the plat being recorded.
Mr. Koehler said he advised Ms. Heyden that he has no control over this requirement.
Th~Lake Worth Christian School owns the property and has received City Commission
approval of a rezoning. However, they were held up because' of a problem involving
drainage. That problem has been resolved over a year ago. However, the Lake Worth
Christian School has not reinitiated the rezoning effort. He ag(eed to accept a condition
that requires the Lake Worth Christian School to reinitiate the rezoning process prior to
the issuance of the first residential building permit, which is expected to be in about 30
~~ys. He said Ms. Heyden advised 'him that the ordinance would have to be adopted
prior to the issuance of the first residential CO. That would be in about 60 to 90 days
after the building permit is issued. Ms. Heyden and Mr. Koehler agreed to this.
With regard to comment 7, Mr. Koehler said he is concerned that the permitting and
initiation of construction of the community facilities might be delayed unless this
comment is modified to read "issuance of first residential development permit". This
would eliminate any problems and the community facilities would be able to be
38
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~e-
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. l,~
MINUTes
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
~
MAY 20,1997
~..
permitted and constructed even if there is a delay in recording the drainage agreement
referred to in this comment. .
M~y~.)[ ;<:{ ayl~sugge!!ed A:that ltfii!lm~~olutioFl~'i~fFcappr:~Y~~!.~~d~O~ed.. . '..~n a
is1ltiSfaCfof1lgteemeht 'beiiig:-reacneo~1tWregarcnctaemme~~~~'~"~' .
- . ~'~'.. ':'~~ ~""-..-:-..," , -.:'1 !2~,{ I"\.!"t~-L::.:.;:.~:"l.~-t.r_ t_~ t, ^'~ i~"""~t 3:11..1"'
City Attorney Goren said if the Commission would delegate the decision to the City
Manager that the staff is otherwise satisfied, the Manager can sign off on that basis.
Motion
Commissioner Jaskiewicz moved approval of the final plat for Cedar Ridge Estates
subject to the conditions of approval in Exhibit C, with 7 as clarified by the City Attorney.
Commissioner Bradley seconded the motion, which carried 5-0.
2. Proposed Resolution No. R97 -85 Re: Abandonment of 15 foot
wide unimproved alley in Bowers Park subdivision, Blocks 10,
11 and 12
Attorney GOr~OSed Resolution No. R97 -85 by title only.
Motion
Commissioner Jaskiewicz moved to approve Proposed Resolution No. R97 -85.
Commissioner Tillman seconded the motion, which carried 5-0.
D. Other
1. Approve payment of Court Judgment against the City in the
amount of $75,386.81 to Plaintiff Allen C. Willis
Wilfred Hawkins, Assistant to the City Manager, advised that Leslie Roberts was the
counsel assigned to this case. He explained that Mr. Willis is an independent
contractor. He was in a trench when part of the trench wall caved in on him and he was
injured. This case was tried by a jury and the plaintiff was found 54 percent responsible
and the City 46 percent responsible. The City is being asked to pay their percentage
share, which amounts to $75,386.81 and includes interest.
39
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DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT: CEDAR RIDGE ESTATES PUD
APPLICANT'S AGENT: Paramount Enaineerina Group. Inc.. aaent for Condor Investment
the property owner
DATE OF HEARING BEFORE CITY COMMISSION: June 18. 1996
TYPE OF RELIEF SOUGHT: Reouestina site plan approval to construct 110 sinale-familv
townhouses and a private recreation facility on 18.88 acres within the Cedar Ridae Estates
PUD.
LOCATION OF PROPERTY: Southeast comer of Hiah Ridoe Road and Cedar Ridae Road
(Parcel C and Parcel 0 of the Cedar Ridae Estates PUD)
DRAWING(S): SEE EXHIBIT ''8-.'' ATTACHED HERETO.
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
LHAS
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 "-'-" with the notation "Included".
4. The Applicant's application for relief is hereby .
X GRANTED subject to the conditions referenced in paragraph 3
hereof. .
DENIED
(
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EXHIBIT "C"
Conditions of Approval
Project name: Cedar Ridge Townhomes - Cedar Ridge Estates PUD
File number: NWSP 96-002
Reference:The plans consist of 34 sheets identified as 2nd Review.
~w Site Plan. File * NWSP 96-002 with a May 10. 1996 Planning and
Zoning De~artment date stamg marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE
UTILITIES:
Comments:
1. City water will not be supplied for x
irrigation. Please clearly show water
source for irrigation, (City Compo
Plan, Policy 3C.3.4).
2. Only Palm trees will be permitted x
within utility easements, (Sec.26.
33(a)).
3. Sanitary sewer, as shown, does not x
connect to the existing sewer system.
4. Show existing and proposed utility x
easements (Sec.26.33(a)).
5. Palm Beach Health Department permits x
will be required for water and
sanitary sewer (Sec.26.12).
6. A Capacity Reservation Fee of x
$15.246.00 is due within thirty (30)
days of Commission approval or upon
request for Director of Utilities
signature on HRS/DEP forms (Sec.20-34
(E)).
FIRE
Comments: NONE
POLICE
Comments: NONE
ENGINEERING
Comments:
()) All plans submitted for specific x
permits shall meet the City's code
requirements at time of application.
These permits include, but are not ~ f
limited to the following; ..site-,,:"":-2''',q;:,<,,:,
}ightinq, paving, drainage,~ r',f ~i:tc ~
landscaping, irrigation and a ic 'e d~.,..J '7 <
control devices. Permits required
from agencies such as the FDOT, PBC,
~~. ~WMD~and any other permitting agency
shall be included with your permit
request.
, Revise documents to reflect all x
comments.
~ Project shall have underground x
facilities to residential units. c.
Chap.2.5,Sec.9E,pg.2.5-7 "
~ Provide relationship of development to x
proposed LUI rating.
Chap.2.5.Sec.10A3,pq.2.5-8
. Page 2
New Site Plan
Cedar Ridge Townhomes - Cedar Ridge Estates PUD
NWSP 96-002
DEPARTMENTS
Parking lot section must conform to
City code including, but not limited
to, parking spaces for each townhome.
Chap.6,Art.IV,Sec.lOF,p .6-12
Minimum street right-of-way width for
a local street with 2 mountable curbs
is 50 feet; with swales minimum right-
of-way width is 60'.'Chap.6,Art.IV,
Sec.lOC, .6-11 ,
O~~~ ~ Need SFWMD &~~c'cePtance prior t9
(~ Engineering on approval. Chap.6,
Art.VII, Sec.4B,p .6-24
_ 20.) Photometries must be approved for both
f-0.L. ../ pedestrian and parking lot lighting
";?\\
'~~ \J,' before building permit can be issued.
1>~ -. Chap.23,Art.II,Ala,p .23-6
~~ ,21. Provide a satisfactory lighting plan.
L~ \l.'\lo Chap.23,Art.IIA,p .23-6
22. Parking lot dimensions, striping,
aisles, stalls, radii, signs,
landscaping, etc. must conform with
City codes and standards. Chap.23,Art.
II,p .23-6
23. Landscaped areas in parking lots must
be protected by wheel stops or curbs.
Chap.23,Art.IIE,p .23-7
. It is recommended to locate the
meeting hall as close as possible to
related parking facility and east of
proposed pool.
It is recommended to extend pedestrian
walkways for lefthand entrances out to
oint accessible to driver.
y.
~2.
vi3.
,'"
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Provide a statement that all utilities
are available and will be provided by
appropriate agencies. Chap.3,Art.IV,
Sec.3R, p .3-5
Provide a master stormwater management
plan. Chap.3,Art.IV,Sec.3T,p .3-6
Plat review and approval required.
Chap.S,Art.II,Sec.1,p .5-1
Establish deed restrictions providing
for a property owners' association to
pay for the operation of a street
light system within the development.
Chap.6,Art.III,Sec.14,pg.6-4 and
Chap.5,Art.V,Sec.2A4,p .5-9
Sidewalks are required on both sides
of all local and collector street.
Chap.6,Art.III,Sec.llA,p .6-3
Provide certification by developer's x
engineer that drainage plan complies
with all City codes & standards.
Chap.6,Art.IV,Sec.SA,pg.6-7 and
Chap.23,Art.IIF, p .23-8
INCLUDE
x
x
x
x
x
x
x
x '1c-a~+'
f;
X'T~tL
x~~f
~B
x'T~cf
16
x
REJECT
X
'-..
.~~
Page 3
New Site Plan
. Cedar Ridge Townhomes - Cedar Ridge Estates PUD
NWSP 96-002
DEPARTMENTS INCLUDE REJECT
~ It is recommended that if Forest Road x
~ (now a public road) becomes a private
road, a consent from Cedar Ridge PUD
, to the north, including maintenance
_responsibilities, shall be granted.
X ( )
. It is recommended that for a safe x -
pedestrian circulation and access to " .
recreation area, consider a sidewalk
or jogging path at the following
locations:
a) . Behind building's 3 & 4
b) . North-south path between building
9,10,11 & 12,13,14
c) . East-west paths between buildings
9 & 10 & 10 &11 --.:.:.,
~/It is recommended that the two car .( ~)
garage parking spaces should be 20'
wide.
BUILDING DIVISION
Comments:
29. All signs and entry walls or fences x
must be shown on the site plan in
compliance with the code.
30. Parking at the clubhouse or recreation x
building shall comply with Chapter 2,
Section 22, E (12) of the Land
Development Regulations.
31- The Building Division reviewed the x
plans for site review issues only.
Building review and comments will be
handled at the time of permit
application submittal.
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments:
32. It is recommended that the x
preservation area site be moved from
south of the entrance road (Cedar
Ridge Road) to the southwest corner of
the property. This should be
indicated on the engineering and
landscape drawings submitted.
33. If the preservation area site is x
moved, then remove all improvements
and utility easements from the newly
located preservation area. The
preserve area shall also have a
management plan for before, during and
after construction.
PLANNING AND ZONING
Comments:
. . Page 4
New Site Plan
. Cedar Ridge Townhomes - Cedar Ridge Estates PUD
NWSP 96-002
DEPARTMENTS
INCLUDE REJECT
34. Submission of a rectified master plan x
showing compliance with the conditions
of approval for the project will be
required prior to applying for a
permit or replatting; whichever comes
first. The rectified master plan
shall be submitted in triplicate to
the Planninq and Zoninq Department.
35. One of the conditions of the master x
plan approval is to submit a plat to
the Development Department of the area
to be developed. This plat shall
vacate any existing streets within the
PUD that are desired for private
ownership.
36. The submitted boundary survey does not x
meet the requirements of Land
Development Regulations, Chapter 4 -
Site Plan, Section 7.A. The survey
shall include, but not be limited to,
all easements that exist on the site.
The submitted survey contains a
surveyor note that the property was
not researched for the easements and
other restrictions. Provide a current
survey (within 6 months) showing all
easements and other restrictions. The
survey that includes locations of
existing trees on the site, Sheet 25
of 34, is dated January 19, 1995,
which does not meet city requirements.
37. To comply with the Land Development x
Regulations, Chapter 4 - Site Plan,
Section 7.E, provide percentage
distributions for the site data. Also
break up the category, "paved areas",
into vehicular use area (parking and
driveways) and other paved areas
(sidewalks, etc).
38. On the site plan, sheet 2 of 34, draw x
in all setbacks as shown on the
approved master plan.
39. Indicate on the site plan the method x
of trash pick-up.
40. If colored elevations of the proposed x
structures as required by Land
Development Regulations, Chapter 4 -
Site Plan, Section D, are not
submitted to the Planning and Zoning
Department prior to the Planning and
Development Board meeting, it is
recommended that the elevations go
back before the Commission, at a
future site plan approval.
41. On the site plan, Sheet 2 of 34, x
include the 27 foot dimension required
for the back-up space of the parking
SDaces servina the recreational area.
.
. . Page 5
New Site Plan
Cedar Ridge Townhomes - Cedar Ridge Estates PUD
NWSP 96-002
DEPARTMENTS
INCLUDE
42. Amend the homeowners' association x
document to include a provision
regarding unobstructed access to the
"T" turn-around at the western portion
of the development. Indicate a method
to ensure enforcement of constant
access to the "T" turn-around.
Provide amended homeowners'
association document for staff review.
43. Provide parking calculations for the x
recreational facilities and include
information regarding:
a) square footage of the water area
of the swimming pool and
b) number of dwelling units located
within a five hundred to eight
hundred foot radius.
Include the calculation on the site
plan.
44. A drainage permit issued by South x
Florida Drainage Management District
designates Veronica Lake as a dry-
retention area. Amend drawings to
comply with the district requirements.
If the retention is to be entirely
wet, provide an alternate location for
the required dry retention, and verify
approval from the South Florida Water
Management District.
45. Provide for review an agreement x
between the developer and the Lake
Worth Christian School regarding the
use by the school of the retention
area located within the PUD. Provide
a statement by the registered engineer
that the drainage capacity is
sufficient to include the school area,
the PUD and the PID areas.
46. Provide for review an agreement x
between the developer and the Lake
Worth Christian School regarding
access by the schnn' f-,,---- - 11 .-
Ridge Estates de
47. Eliminate discre
Landscape Plan,
the site plan, s
differences appe
specifically in
areas.
~ '-\~
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48. On the landscape
draw in all util.
all trees from tl
provide an authol
owner of the eaSE
Dlantina in thesE
;-J CJ') (' '9-b. 00 "'L
REJECT
_, Page 6
New Site Plan '._
. Cedar Ridge Townhomes - Cedar Ridge Estates PUD
NWSP 96-002
DEPARTMENTS INCLUDE REJECT
49. City's Land Development Regulations, x
Chapter 7.5 - Landscape Code, Article
II, Section 5.C sets forth minimum
standards for planting materials, such
as physical characteristics of the
trees and shrubs, height, spread, and
spacing. Amend the landscape
tabulations and include these
characteristics in the planting "
material specification for every item
that is proposed.
50. For all sub-area drawings provide a x
key map to allow identification of
these sub-areas in relation to the
entire site. Include same on the
landscape plan, Sheet 26 of 34.
51- On the landscape plan, Sheet 26 of 34, x
amend the planting material tabular
summary to include a "landscape
material required by the code"
category. Also, provide relevant
calculations for this category.
Indicate with an identifiable symbol
all native species.
52. It is recommended that there be x
different color schemes for the unit
clusters. On the site plan, Sheet 2
of 34, delineate housing clusters that
would have the same color designation,
and incorporated this into the working
drawings required for permits for the
project.
ADDITIONAL CONDITIONS
1- Delete Comment 24. x
2. Delete Comment 27. x
3. Reword Comment 28 to require 20 foot x
wide driveways and 18' wide interior
garage dimensions for parking located
inside the qaraqe.
OTHER COMMENTS: NONE
TJH/dim
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TCRPC With r pect comment regarding creating a new L.U. classification, the city does
not sense the need to create a new classification just for this proposal. With
respect to magnitude of supply of land for retail uses, any 9J1ange in the uses to
uses typical within the LRC classification, a review 9Y the~y would be required,
which would ensure continued compliance with the~prehensivepan and that
facilities are available to support said change.
Division of Wit!1 respect to the lack of investigation into archeological or historic resources,
Historical thew has prepared an inventory of historic sites and buildings; no historic
Resources _.L~~.. resources ~re identified ~thin the areas subject to the proposed amendments.
res~. Also, the romprehensiveJ51an, in order to ensure prope ction to be taken when
arch~sources are identified clearing the deve opment pr . -- .-/J--
61fcy???) 111"/0 I" - (t. ~
Dot . ;; to.)'ODversioD of th~,;Z;fficl2in:ulatiofiile~ a . ·
ransportation(d'ement, as required as part of the Evaluation and Appraisal Report
(EAR) process, this conversion wil\lccur as planned by the October 1, 1998 ~ a-~ J J.-
deadline (as generated by the DCA 'PLough a six-month extension). ('-' 1r~-vr..
With respect to submittal of an amended Future Land Use Map, the~ does not
amend the original mylar map until after adoption of the proposed amendment.
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fJ1ie City of
t:8oynton ~eacli
100 'E. 'lJoyntcm 'lJeadi 'lJoufevan{
P.O. 'lJo:{310
'lJoyntcm'lJeacfz., :J"forUfa 33425-0310
City :J{aff: (561) 375-6000
:J".9lX: (561) 375-6090
September 22,1997
The IP ARC Clearinghouse
c/o Town Of Lantana
500 Greynolds Circle
Lantana, FL 33462
RE: PROPOSED AMENDMENT TO COMPREHENSIVE PLAN
Cedar Ridge PUD/LWCS Amendment and Rezoning (LUAR 97-001)
Attention: IP ARC Clearinghouse:
The City of Boynton Beach is processing an amendment to its Future Land Use Map. Please find
enclosed an executive summary and location map. The applicant is Condor Investments Of Palm
Beach County. They are rezoning the northeast portion of the original plat of Cedar Ridge for
future use of the property by the adjacent Lake Worth Christian School. The project site is only
6.37 acres, and the land use to be changed from Low Density Residential (LDR) to the Public &
Private Governmental/Institutional (PPGI).
Public hearings on this proposed amendment will be held before the Planning and Development
Board on October 28, 1997 and before the City Commission on November 4, 1997; both at 7:00
P.M. in the Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard, Boynton
Beach, Florida.
Should you have any questions or need additional information, contact Dan DeCarlo, Planner at
375-6260.
Sincerely,
~.h.;)i/,/cLv
Tambri Heyden, AICP
Planning and Zoning Director
51muua's (jateway to tlie (julfstream
Page I of2
EXECUTIVE SUMMARY FOR COMPREHENSIVE PLAN AMENDMENTS
DATE: September 22, 1997
Reference #: Gity reference It LUAR 97-001
General Information
Initiating Local Government: CITY OF BOYNTON BEACH
Contact Person: MICHAEL W. RUMPF, SENIOR PLANNER
Address: 100 E. BOYNTON BEACH BOULEVARD. , BOYNTON BEACH, FL 33425
T elephone/F ax: /375-6260 / /375-6090
Applicant! Agent: Condor Investments of Palm Beach County / Joe Bas i1
Telephone/Fax: 561-533-5199 561-533-6801
"-
Proposed Comprehensive Plan Textual Amendments
General Summary of Amendments:
- amendments relating to traffic circulation or the roadway networks
- amendments relating to affordable housing
Amendments related to the following elements:
X land use
- traffic circulation
- mass transit
- ports and aviation
- housing
- infrastructure sub-elements
- coastal management
- conservation
- recreation and open space
- intergovernmental coordination
- capital improvements
- other
Summary of addition (s) to adopted comprehensive plan: NOT APPLICABLE
Page 2 of2
Summary of proposed change (5) to adopted comprehensive plan: NOT APPLICABLE
Proposed Amendments to the Future Land Use Map
Location of proposed map amendment (include a location map) ADJACENT SOUTH AND EAST OF
LAKE WORTH CHRISTIAN SCHOOLt EAST OF HIGH RIDGE RD., APPX. 1/2 MILE SOUTH OF
HYPOLUXO ROAD.
Size of Area Proposed for Change (acres)6. 37 ACRES
Present Future Land Use Plan Designation (include a density/intensity definition) LOW DENSITY RES.
4.84 DU/ACRE
Proposed Future Land Use Designation (include a density/intensity definition) PUBLIC & PRIVATE,
GOVERNMENTAL/INSTITUTIONAL
Present Zoning of Site (include a density/intensity definition) PUD (PLANNED UNIT DEVELOPMENT)
FOR CEDAR RIDGE ESTATES
Proposed Zoning of Site (include a density/intensity definition) R-lAA, SINGLE FAMILY RESIDENTIAL
5.40 DU/ACRE
Present Development of Site UNDEVELOPED
Proposed Development of the Sitet ifknown (Number of Dwelling Units; Commercial Square Footage;
Industrial Square Footage; Other Proposed usage and intensity):
ATHLETIC/RECREATION FOR LAKE WORTH CHRISTIAN SCHOOL
Is proposed change a Development of Regional Impact? NO
Comprehensive Plan Change Processing
Dateffime/Location Scheduled for Local Planning Agency Public Hearing
. October 28,lQ97/7:00 PM/CITY COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BLVD.
DateffimeILocation Scheduled for Governing Body Public Hearing
NOVtm~~~ ~,1997/fIME AND LOCATION AS ABOVE
Scheduled Date for Transmittal to DCA
CEDAR RIDGE PUD/LWCS
AMENDMENT & REZONING (LAUR 97-001)
. .
LOCATION MAP
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MEMORANDUM
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., -98 ::. i U 1
AFR · l) j' w
April 15, 1998
PLANNING AND
ZONING DEPT,
TO:
FROM:
Bulant Kastarlak, Director of Development
Tambri Heyden, Planning Director
Michael J. Pawelczyk, Assistant City Altornel) 11}P
Compromise and Settlement Agreement
Cedar Ridge Community Association, Inc., Cedar
Ridge Development Corp., Inc., and City of
Boynton Beach
RE:
Attached for your review is a revised draft of the Compromise and
Settlement Agreement as prepared by Dennis P. Koehler, Esq. on behalf of his
client, Cedar Ridge Development Corporation. After you have had an opportunity
to review this document, please provide me with your comments.
Encl.
cc: Kerry Willis, City Manager
James A. Cherof, City Attorney
s:ca\development\cedar ridge\Settlmt memo
This Instrument Prepared By:
DENNIS P. KOEHLER, ESQ.
DENNIS P. KOEHLER, P.A.
1280 N. Congress Avenue, Suite 104
West Palm Beach, FL 33409
Telephone (561) 684-2844
Facsimile (561) 684-9370
DRAFT
i1;~~h
/c-~~.f77r 18
COMPROMISE AND SETTLEMENT AGREEMENT
THIS AGREEMENT made this _ day of , 1998, by and
between CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC. whose address is
430 N. "G" Street, Lake Worth, Florida 33460 ("CONDOR"); CEDAR RIDGE
COMMUNITY ASSOCIATION, INC., 7000 High Ridge Road, Lantana, Florida
33462-5006 ("ASSOCIATION"); CEDAR RIDGE DEVELOPMENT CORP. INC., whose
address is 7000 High Ridge Road, Lantana, Florida 33462-5006 ("CEDAR
RIDGE"); and the CITY OF BOYNTON BEACH ("CITY").
WIT N E SSE T H:
WHEREAS, CONDOR is the record owner of the Cedar Ridge Planned
Unit Development ("PROJECT"), located at 7000 High Ridge Road in the
CITY, more particularly described in Exhibit "A", attached hereto and
incorporated by reference herein; and
WHEREAS, the ASSOCIATION has been designated on the replat for
the PROJECT as owner of those road rights-of-way and drainage and
utility systems shown as common areas (Tract "A"), said replat having
been approved by the CITY on May 20, 1997 and recorded in the Public
Records of Palm Beach County, Florida in Plat Book 80, at Pages 28-32
on July 17, 1997 (the "1997 Replat"); and
WHEREAS, CEDAR RIDGE is the developer of the two (2) residential
pods or portions of the PROJECT, having entered into an agreement to
purchase them from CONDOR on September 29, 1994, and also served as
the Agent for CONDOR on behalf of the Lake Worth Christian School
("SCHOOL") in Petition No. LUAR 97-001, which petition for land use
1
amendment and rezoning on properties no longer a part of the PROJECT
was approved by the CITY on December 16, 1997; and
WHEREAS, the original owner-developer of the Cedar Ridge PUD, t~e
Boynton Development Corporation ("BOYNTON DEVELOPMENT"), obtained CITY
approval for the original plat for the PROJECT on August 16, 1983,
said plat having been recorded in the Public Records of Palm Beach
County, Florida at Plat Book 46, Pages 58-61, on August 18, 1983
("Original Plat"); and
WHEREAS, the Original Plat for the PROJECT contained provisions
that expressly dedicated the road and drainage facilities located
within Tracts 5-1 S-2, 5-3 and 5-4 to the CITY and also dedicated
certain drainage and utilities easements shown on this plat to the
CITY, the latter easements "dedicated in perpetuity for the
construction, operation and maintenance of utilities;" and
WHEREAS, the CITY never adopted a resolution formally accepting
ownership of the PROJECT's road and drainage facilities and easements
for drainage and utilities after they were dedicated to the CITY by
the Original Plat for the PROJECT; and
WHEREAS, after obtaining all required approvals and permits from
the CITY, BOYNTON DEVELOPMENT constructed a complete infrastructure
system to service the platted PROJECT, including road and drainage
facilities and "dry" water and sewer lines, the latter extending from
the CITY's utili ties connections located immediately south of the
PROJECT to its northern limi ts immediately south of the SCHOOL
properties; and
WHEREAS, shortly after completing construction of the PROJECT's
infrastructure system, BOYNTON DEVELOPMENT ceased all further activity
on the PROJECT and went into foreclosure; and
WHEREAS, sometime in 1984, as a condition of approval for
annexing the SCHOOL properties into the CITY, the CITY required the
2
SCHOOL to obtain public water and sewer services by connecting to the
CITY's utility system through the then-defunct PROJECT's existing
"dry" water and sewer lines; and
WHEREAS, despite its long and continuous control and use of the
PROJECT's infrastructure systems to service the SCHOOl ever since
1984, the CITY has never acknowledged that such active control and use
of the PROJECT's plat-dedicated improvements, even in the absence of
a City commission resolution formally accepting them, constitutes
legal acceptance "by user" of ownership of and maintenance
responsibilities for such infrastructure systems. Huahes v. Town of
Mexico Beach, 455 So.2d 566 (Fla. 1st DCA, 1984); and
WHEREAS, all development orders that have been approved by the
CITY since CEDAR RIDGE assumed development responsibilities for the
PROJECT have contemplated private rather than public ownership of the
PROJECT's internal roadway system, and further, that the 1997 Replat
for the PROJECT in fact specifically dedicated such roadway system
(aka the "S-4 Plat") to the ASSOCIATION, for its perpetual private
ownership and maintenance as a common area of the ASSOCIATION; and
WHEREAS, CEDAR RIDGE experienced delays in obtaining CITY permits
to develop certain improvements shown on the CITY-approved master
development plan, site plan and 1997 Replat for the PROJECT because of
the controversy over whether the CITY's continuous control and use
since 1984 of those roadways and infrastructure systems that were
dedicated to it on the Original Plat for the PROJECT in fact
constitutes legal acceptance "by user" of such public dedications; and
WHEREAS, CEDAR RIDGE was forced by the CITY, as a direct result
of CITY's failure to acknowledge its.legal acceptance "by user" of
ownership of and maintenance responsibilities for the PROJECT's
infrastructure systems, to pay the sum of approximately ONE HUNDRED
SEVENTY THOUSAND DOLLARS ($170,000.00) to design, permit and construct
certain improvements to the aforesaid infrastructure systems necessary
to bring them up to city Code; and
3
WHEREAS, all parties to this Agreement now desire to reach a full
and final compromise and settlement of the aforesaid controversy, one
that (a) abandons all CITY claims to ownership of and maintenance
responsibilities for the PROJECT's dedicated internal roadways, whi~h
abandonment is necessary to foster timely development, sale and
occupancy of the PROJECT's residential units, and (b) abandons all
present and future claims by the ASSOCIATION, CONDOR and CEDAR RIDGE
to money damages from the CITY to reimburse them for the costs of
designing, obtaining permits to construct and installing improvements
to the PROJECT's drainage and utility systems necessary to bring such
infrastructure systems up to City Code, such costs having been
estimated at ONE HUNDRED SEVENTY THOUSAND DOLLARS ($170,000.00).
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other
good and valuable consideration, CONDOR, the ASSOCIATION, CEDAR RIDGE
and the CITY hereby agree as follows:
1. The recitations set forth above are incorporated as if fully
set forth herein.
2. CONDOR and CEDAR RIDGE agree to Jo~n in preparing and
presenting to the CITY a petition seeking abandonment of all CITY
interests in the PROJECT's platted roadways, said abandonment petition
to be initiated by CONDOR and CEDAR RIDGE on the ASSOCIATION's behalf
on CITY forms provided for that purpose, with the understanding that
the CITY will waive all required filing fees and charges for
processing the aforesaid abandonment application.
3. The CITY acknowledges and agrees:
a. That it accepted "by user". those infrastructure systems
(roadways, drainage and utilities systems) that were dedicated by the
Original Plat for the PROJECT to the CITY but never formally accepted
by CITY resolution;
4
b. to entertain a petition to abandon to the ASSOCIATION any and
all rights or claims to CITY ownership of those roadways that were
dedicated by the original Plat to the CITY; and
c. to award a credit of ONE HUNDRED SEVENTY THOUSAND DOLLARS
($170,000.00) to CEDAR RIDGE against the PROJECT's water and sewer
utility reservation fees and connection charges, as full compensation
for the costs to CEDAR RIDGE for bringing the PROJECT's infrastructure
system up to City Code.
4. The ASSOCIATION, by and through CONDOR and CEDAR RIDGE, agrees
upon CITY approval of the abandonment petition referred to
hereinabove, to accept full ownership of those roadways that were
dedicated to the ASSOCIATION by CONDOR on the 1997 Replat for the
PROJECT, and further agrees to provide back to the CITY those certain
easements necessary to ensure that the PROJECT's dedicated drainage
and utility systems are properly operated and maintained.
5. The parties mutually acknowledge and accept that this
Agreement fully addresses and completely resolves any and all
outstanding claims or disputes that any party to this Agreement may
have with the CITY over the costs of bringing the PROJECT's original
infrastructure system up to current City code.
6. This Agreement shall not be terminated, altered, limited,
changed or modified unless in writing and signed by all of the parties
hereto. This Agreement shall be binding upon, and run to the benefit
of, each party, its successors, assigns, or heirs, as the case may be.
This Agreement may be enforced by any of the parties thereto,
including but not limited to the CITY.
7. This Agreement shall be recorded in the Public Records of Palm
Beach County, the expense of such recording to be borne by the
ASSOCIATION. In the event this Agreement is ever revised, the
ASSOCIATION shall bear the expense of recording said revision(s).
5
IN WITNESS WHEREOF,
presents and affixed their
above written.
the parties hereto have executed these
seals hereto as of the day and year first
CONDOR INVESTMENTS OF PALM BEACH
COUNTY, INC.
IN THE PRESENCE OF:
By:
James VanderWoude
Vice President
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ____ day
of , 1998 by James VanderWoude, and that he/she
is personally known to me or who has produced
as identification and who did (did not) take an oath.
NOTARY SEAL
Notary Public, State of Florida
Commission No.
My commission expires:
CEDAR RIDGE COMMUNITY ASSOCIATION,
INC.
IN THE PRESENCE OF:
By:
Joseph F. Basile, Jr.
President
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
of
is
as
The foregoing instrument was acknowledged before me this
, 1998 by Joseph F. Basile, Jr., and that
personally known to me or who has produced
identification and who did (did not) take an oath.
day
he/she
NOTARY SEAL
Notary Public, state of Florida
Commission No.
My commission expires:
6
CEDAR RIDGE DEVELOPMENT CORP.
IN THE PRESENCE OF:
By:
Joseph F. Basile, Jr.
President
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ____ day
of , 1998 by Joseph F. Basile, Jr., and that he/she
is personally known to me or who has produced
as identification and who did (did not) take an oath.
NOTARY SEAL
Notary Public, State of Florida
Commission No.
My commission expires:
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
By:
Jerry Taylor, Mayor
City Clerk
Approved as to Form:
City Attorney
7
Exhibit "A"
LEGAL DESCRIPTION - The Project
8