LEGAL APPROVAL
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JANUARY 18,.1983
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~roposed Resolution No. 83-C Re: Reduction of Bond - Phase 1
Lake Boynton Estates Proiect
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Attorney Wolf read proposed Resolution No. 83-C by title only:
"A RESOLUTICN OF THE CITY OF BJYN'ION BEACH, FIDRIDA, REOOCING
THE PERFORMi'lNCE a:::tID FOR PHASE I OF IMPROVEMENTS TO AN AREA OF
LAKE OOYNTCN ESTATES"
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Councilman de Long moved to adopt proposed Resolution
seconded by Councilmember Woolley. A roll call vote
by Mrs. Padgett, City Clerk, at the request of Mayor
No. 83-C,
was taken
Trauger:
Councilman de Long
Mayor Trauger
Vice Mayor Warnke
Councilmember Woolley
Councilman Wright
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
Councilman deLong moved to revert to the Public Hearing
scheduled for 8:00 P. M. The motion was seconded by Council-
member Woolley and carried 5-0.
PUBLIC HEARING - 8:00 P. M.
Applicant:
Request:
Royal Petroleum, Inc.
Rezone from R-2 (Neighborhood
C-3 (Community Commercial)
645 N. W. 2nd Avenue, Boynton
Continuation and expansion of
automobile service station
Legal Description: Laurel Hills, Lot 2
(TABLED by Planning and Zoning Board)
Commercial) to
Location:
Proposed Use:
Beach, FI.
existing
City Manager Cheney stated that this item was tabled by the
Planning and Zoning Board. The Planning staff recommended against
the request but suggested that one solution would be to amend the
C-2 zone to allow gasoline stations to be conditional uses. The
Planning and Zoning Board tabled the issue for further study and
to allow time to prepare an Ordinance to amend the C-2 zone.
Councilman deLong moved to table the Public Hearing on the Royal
Petroleum request until the recommendation is received from the
Planning and Zoning Board. The motion was seconded by Council-
member Woolley and carried 5-0.
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Applicant:
Henry Skokowski for Southern Senior Group
ANNEXATION of an 11.29 acre tract of land
South side of Hypoluxo Road, approximately
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MINUTES - REGULAR C~TY COUNCIL AEETING
BOYNTON BEACH, FLORIDA
JANUARY 18, 1983
Legal Description:
300' west of the intersection of High Ridge
Road and Hypoluxo Road
Acreage, land in Section 8, Township 45 South,
Range 43 East
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Applicant:
Request:
Henry Skokowski for Southern Senior Group
Amendment to FUTURE LAND USE ELEMENT of the
Comprehensive Plan to show currently unin-
corporated property as low density residential
and request for zoning of same property to PUD
with land use intensity of 5.00; request for
rezoning currently incorporated property from
R-lAAA (Single Family Residential) to PUD with
land use intensity of 5.00
South side of Hypoluxo Road, approximately 300'
west of the intersection of High Ridge Road
and Hypoluxo Road
A convalescent center, adult congregate living
facility and accessory professional me~ical
offices and pharmacy
Acreage, land in Section 8, Township 45 South,
Range 43 East
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Location:
Proposed Use:
Legal Description:
Tim Cannon, Assistant City Planner, said he would discuss the two
applications simultaneously. He advised that both the application
for voluntary annexation and the application for Land Use Amend-
ment and rezoning received a positive recommendation from the
Planning and Zoning Board. Both were unanimously recommended for
approval, subject to staff comments.
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The annexation involves an 11.29 acre tract of land, which lies
approximately approximately 300 feet west of the intersection of
High Ridge Road and Hypoluxo Road. Mr. Cannon indicated the
location on the top of the map. He pointed out High Ridge Country
Club. To the east, Mr. Cannon said there are subdivided lots.
Immediately to the south, there is vacant land, and to the north
there is a mixture of commercial and residential.
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Mr. Cannon informed the Council that the applicant's reason for
wanting to annex is to develop a Planned Unit Development consist-
ing of a combination nursing home, adult congregate living
facility and accessory medical offices. This would be part of a
Planned Unit Development which would encompass the entire stated
area.
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Mr. Cannon pointed out that portion of the PUD presently not
incorporated and the portion incorporated in the City of Boynton
Beach. He put on an overlay showing the master plan, and said
the Planned Unit Development consists baSically of a 120 bed
convalescent center located in the northwest portion of the
property, which would be one to two stor~es. There would be an
adult congregate living facility: Mr. Cannon indicated the
location and added, "and also in the southern portion of the
property. This would be a total of 120 living units, three to
four stories high.
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MINUTES - REGULAR CITY COUNCIL MEETING
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JANUARY 18, 1983
In addition, Mr. Cannon said the applicant is proposing a 10,000
square foot two story office building in the northeastern portion
of the development. The applicant is also proposing a half
dozen or so recreational amenities.
Mr. Cannon told the Council they had a memo from the City Planner,
which analyzes annexation with respect to #1 - existing conditions;
#2 - the City and County Comprehensive Plans; and #3 _ the physical
impact of this develpment. As far as existing conditions, Mr.
Cannon recalled that he mentioned before that there is the exist-
ing High Ridge Golf Course to the southwest, siQgle family homes'
to the east; and to the south, the land is vacant.
Originally, as part of the master plan, the golf course was to be
developed. That was developed and surrounding the golf course, Mr.
Cannon said there was to be a perimeter of single family homes.
Those single family homes were never developed.
To the south, along Miner Road, there is water and sewer, Hr.
Cannon informed the Council. He said there is a 16 inch water
main and a 10 inch sewer force main in Miner Road, about a mile to
the south of the development, which are sized to serve the
property. The applicant is required to hook into these water and
sewer mains. Access to the site will be from Hypoluxo Road.
However, the applicant would have to dedicate a public right-of-
way to his property in order to provide access to the vacant,
residentially zoned property to the south.
With regard to the Future Land Use Plans and also the City's
Planned Unit Development Ordinance, the Boynton Beach Comprehensive
Plan shows the property at a density of 4.82 dwelling units per
acre, being low density residential. Mr. Cannon advised that all
developments within this common area are consistent with this low
density.
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The fact that the proposed development is not a conventional
housing development but rather a nursing home and an adult
congregate living facility poses a problem in determining
consistency with the specified density. In order to make a
comparison, Mr. Cannon said the applicant had prepared a com-
parison, which the Council had before them, that compared the
proposed development with a development with a density of 4.84
dwelling units per acre. The applicant has analyzed the develop-
ment with respect to population, lot coverage, school impact, water
and sewer demands, traffic generation, recreation, and police and
fire protection. In all categories except traffic, the figures
indicate that the impact of the development does not exceed the
4.84 density of residential development, Mr. Cannon informed the
Council.
The traffic impact would exceed that of a residential development
by anywhere from 25% to 90%, depending on whose figures you are
going by.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
JANUARY 18, 1983
( Mr. Cannon advised that staff recommends that the proposed 10,000
square foot medical office be reduced to 6,000 square feet in
order to bring the traffic impact down to an acceptable level.
The Planning and Zoning Board went along with this recommendation.
Reducing the office floor space would also be necessary, in the
opinion of the Planning Department, in order to make the develop_
ment consistent with Planned Unit Development Ordinance.
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Mr. Cannon told the Council they had a copy of the Planned Unit
Development Ordinance dealing with commercial uses. In the PUD
Ordinance, it specifies:
"Corrmercial uses located in a FUn are intended to serve the needs
of the PUn and not the general needs of a surrounding area . . .
. . . . COillTErcial activities shall not generally front on
exterior or perimeter streets, and shall be preferably centrally
located within the project."
Reducing the office floor space, in the Planning Department's
opinion, also means that the Planned Unit Development is
consistent with the Comprehensive Plan policies with regard to
commercial development.
Mr. Cannon quoted from a letter dated December 12, 1982, addressed
to Mr. Carmen S. Annunziato, City Planner, from Richard F. Morley,
Principal Planner, Palm Beach County Planning Department:
". . . . The County's Land Use Plan does nQt identify cormercial
potential in the High Ridge Road and Hypoluxo Road area. . . .
. . . . The relocation of the COillTErcial site toward the
interior of the Proposal 'nQuld undoubtedly avoid any precedential
ccmrercial zoning along Hypoluxo Road."
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Mr. Cannon said the letter from the County Planning Department
also analyzed traffic impact. With the office at 10,000 square
feet, there would be an additional 1,954 trips per day generated
in the area on Hypoluxo Road. If the office is reduced to 6,000
square feet, this would drop to 1,654 trips a day, which would be
an acceptable level by the Planning Department and also the
Planning and Zoning Board.
Mr. Cannon referred to three policies on page 3 of the City
Planner's memo, which were quoted from the Comprehensive Plan:
"1. Annex only property which is reasonably contiguous to present
nunicipal I::oundaries."
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As indicated by the map, Mr. Cannon told the Council they could
see the annexation would be reasonably co~tiguous to the City.
He read the second policy:
"2. Annex property only after the preparation of a study evaluating
the fiscal benefits of annexation versus the cost of providing
service. I'
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
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JANUARY 18, 1983
Mr. Cannon said the Planning Department found there would be a
property tax revenue of about $21,400 a year, and they could not
find any significant costs in serving this development after
reviewing the comments of the department heads.
The third policy of the Comprehensive Plan stated:
"3. Annex only properties which are of a sufficient size to provide
efficient service and on which urban developrrent is antici-
pated. "
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Mr. Cannon advised that this property is plainly in the path of
urban development, and there are sewer and water mains to the south
which could serve the property.
The Planning Department's recommendation with respect to this
annexation was that it be approved, subject to staff comments,
and that would include the Planning Department's recommendation
for reducing the floor area of the office and locating the office
to the interior of the property.
The Planning and Zoning Board, in reviewing these applications,
agreed with the City Planner's recommendations that the office
be reduced, and the Planning and Zoning Board went along with
the applicant's location of that office, which would be 235 feet
from the right-of-way line of Hypoluxo Road.
For the record, Mr. Cannon read the staff comments as follows:
Engineering Department:
(Tbm Clark,
City Engineer)
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Utilities Department:
(Perry A. Cessna,
Director of Utilities)
" 1. Proposed inprovenents appear to be
consistent with City requirements; however,
carmi tnents for irrproverents wi thin the
County rights of way should be rrade based
on the Traffic Study prior to approval of
project for construction.
2. Dedications for ultirrate rights of way for
Hypoluxo Road should be shown.
3. Proposed utilities are to be consistent
with requirements of the Utility Department."
"Please be advised that I wrote you "about this
and we discussed this with their engineer,
Michael Schorah.
The problems that were diSCUssed need to be
resolved between Stanford Park and the present
owners of that land."
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Mr. Cannon explained that this concerned the commitments made at
the time of the master plan of High Ridge Road which required the
looping of the water mains for the area.- The City Manager will
expand on that.
Kevin Hallan,
Urban Forester:
See letter attached hereto as page 12.
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MINUTES - REGULAR CITY COUNCIL MEETING
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JANUARY 18, 1983
City Manager Cheney told the Council that the City had an agreement
with the developer of High Ridge Country Club, relative to looping
some water lines and fire hydrants and other things. High Ridge
Country Club has sold off this land to these developers. Mr.
Cheney said you have the potential profit situation of not knowing
sometime in the future who agreed to do what. City Manager
Cheney said staff would ask the Council to insist that before this
project goes ahead the City has a letter from High Ridge Country
Club's developer indicating who is going to carry out the original
understanding of the utility system with the country club, and if
it is going to be the Stanford Park developers, a letter from
them indicating that they accept that, so the City does not (three
or four years from now) find out they did not know who was going
to do that. City Manager Cheney said they talked to the developers
about that, and they know it, and that can be a part of the
conditions for approval.
Henry Skokowski, Land Planner and President of Urban Design Studio,
Suite 600, The Concourse, 2000 Palm Beach Lakes Boulevard,_West
Palm Beach, Florida 33409. He had a short series of graphics
which he wanted to present to the Council that would clarify their
plan.
Mr. Skokowski referred to a short article in the paper about
life care communities. He stated that this is a life care
community. Mr. Skokowski said the article started out by referring
to this kind of development as one where one can grow older with
style. The definition of "life care" given by an expert was
a community of older adults where residents pool their assets to
provide themselves the services that they need. In simpler
terms, it is college dormitory housing for the elderly. In this
case, Mr. Skokowski said they believe they have an attractive
site that they hope to work with, preserve as much as possible,
and offer a country club atmosphere for that life care community.
Mr. Skokowski informed the Council that he represents petitioners
that are expert in design, development, construction, and
management of nursing homes and life care communities. They are
currently managing thirteen facilities throughout the State of
Florida, and they have three additional projects similar in nature
to this one here presently in the plan approval stage in the
Cities of Boca Raton, Plantation, and Winter Park.
Mr. Skokowski said he would try and comment on some of the
planning comments as he goes along. By way of introduction,
Mr. Skokowski informed the Council that the site on the right
graphic was the one which was white in the very center. The
dashed line represented the municipal boundaries (Boynton Beach
going through, more or less, the center of their property). The
red area was commercial zoning and buildipg potential. In fact,
in the County, Mr. Skokowski saiq the red striped area is an
area that was recently designated by the members of the Palm
Beach County Comprehensive Plan as having additional commercial
potential.
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MEMORANDJJ^'
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Carmen S. Annunziato
. Ci ty "Planner
Kevin Hallahan
Urban Forester
DATI
January 3, 1983
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au _.IICT
Tree Inventory at Stanford
Park P.U.D.
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This memo is in reference to the initial tree survey of the
above property, located at High Ridge and Hypoluxo Roads. There
exists on this site several unusually large S.Florida Slash Pine
Trees (Pinus elliotti, densa) which should be preserved as part
of the developmental process.
The largest'speCimen, which measures 9' 2" in circumference,
is not located on this particular parcel of land, but is in the
utility R.O.W. for the parcel, just south of the Stanford Park
P.U.D. I would suggest that this tree be located by th~City
Engineering Department and documented as a "specimen tree" desig-
nated by the Tree Ordinance. This would help to preserve this,
and the other trees on the site. I will continue to work with
the developer and the T.R.B. in trying to preserve these trees,
some of which are over one hundred years old.
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The list below gives some of the dimensions of the trees
in this memo I have been discussing. .
No. Diameter Circumference Height
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1 22.5" 5'8" 50'
2 25.2" 6'2" 50'
3 29.7" 7'7" 72'
4 33.5" 8'5" 50'
5 23.7" 6'2" 55'
(,. 6 18.6" 4'9" 55'
7 23.0" 6'2" 55'
8 24.6" 6'6" 50'
*9 35.2" 9'2" 50'
* This "specimen tree" is located on the land parcel South of the
above property.
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NOTE: The largest specimen of this tree species measures 1.1'5"
in circumference.
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Any specimen which measure more than 18" in diameter is
considered "unusually large" by Forestry practices.
If you need any additional information or documentat:i.on, please
contact me. ,,'/(-.'/{. .'.=,.~".. '-0' "
("' ~~,.~ '" . ;"- - ./..' ..-':./---
." ~ -... .... ~ .
KH :mpc ' I Kevin Halli.tr.rir.
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MINUTES - REGULAR CITY COUNCIL MEETING
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JANUARY 18, 1983
Mr. Skokowski said he would be addressing that in a little bit. He
wanted the Council to understand a little bit about the context of
the area and the future development potential by virtue of what the
County's plan perhaps is. The very large green area was the High
Ridge Country Club. The master plan that the Council saw (the
darker green color) fit into that shape. Mr. Skokowski informed
the Council they have a major roadway that will be going through
the property along the eastern boundary line, which is at the
request of the City (an additional North/South collector that will
parallel High Ridge Road and provide additional access for moving
traffic). Mr. Skokowski advised that they would be constructing'
that thoroughfare through the entire length of their property.
The site shows off of that thoroughfare, in the center of the
site, a single access to the adult community center itself.
Mr. Skokowski pointed out that it shows two brown areas to the
north and south and an orange area, which represents the resi-
dential component of that project (the orange center being the
community center). The community center will be a 25,000 square
foot facility. It will provide the lounge, the activity areas,
kitchen facilities, dining roon, library, management offices, as
well as a transportation center located within that community
center.
Mr. Skokowski continued by saying the transportation center will
provide two vehicles for the transportation of the residents of
this community. One will be a 12 passenger van vehicle. The
other will be an airport limousine type bus, which will accommo-
date thirty passengers. It will allow residents to take shopping
trips, go to medical facilities, church, field trips, and other
activities of that sort, so there is supplemental transportation
available thru this program.
In the very northwest corner is the location of the convalescent
center, which is synonyrrous to a nursing home facility, Mr. Skokowski
informed the Council. That facility will provide for 120 beds.
Contrary to what their original application said, Mr. Skokowski
assured the Council it will not be one to two stories. It will
only be one story. To the right of that is the medical office
facility. Mr. Skokowski said they were requesting a setback
from the newly graded intersection there of Hypoluxo Road and the
thoroughfare which will go through their road, separated by land-
scape buffer zone.
Mr. Skokowski showed a blow up of the office facility.
Fortunately for them, Mr. Skokowski guessed that was the only major
issue left to discuss that represented any debate between them and
the Planning Department and the Planning and Zoning Board. He
said they felt very good about how far they went along and the
support that they got from those groups.-Mr. Skokowski said the
graphic tends to show the CounciX the two story office facility,
which would be a total of 10,000 square feet (5,000 square feet
per floor) and attempts to begin to show them the relationship
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JANUARY 18, 1983
between that facility that they were prepared to admit to, in terms
of its relationship to Hypoluxo Road, setback, and so on.
Mr. Skokowski had one more graphic he wanted to show the Council
that illustrates staff relationship. As one goes from left to
right on the scale drawing, Mr. Skokowski said first you are look-
ing at a two story facility as drawn (about 24 feet). They show
a 20 foot landscape buffer area; there is a full 65 foot area that
will be available for parking for that facility. From that
point to the right-of-way of Hypoluxo Road, Mr. Skokowski said
there is 150 feet of landscape buffer that will be maintained.
The net effect is the distance from the Hypoluxo right-of-way to
the building (about 235 feet).
In terms of the master plan, Mr. Skokowski had a couple of
comments. He had the master plan set up. Mr. Skokowski pointed
out that the County has a policy of siting commercial develop-
ments inwardly, within a Planned Unit Development. That rule
works well if you have a 50 or 100 acre community. In thi~
case, Mr. Skokowski said they have a 20 acre community, and it
is very difficult to come up with a solution that makes good
planning sense that locates that facility just about any place
else. The best that they thought that they could do was to make
a full commitment to:
Plat the 150'landscape buffer to provide a landscaped wall
system with a six foot wall which would identify the project,
provide for signage and, again, proper screening so that the
net effect is that there is no commercial presence on Hypo-
luxo Road. He said they have no interest in a commercial
presence, and the Council would have to understand that.
Mr. Skokowski stressed that they were not asking for any
retail impulse oriented commercial development on this side.
It was a small medical office facility. Hopefully, Mr.
Skokowski said 50% of the use of this facility will be on site
by the adult congregate living faCility and the medical
operations of the nursing home as well.
Mr. Skokowski told the Council they feel it can be a complimentary
use. as a part of their project. They do not feel it is an
encroachment in any way in the community or on Hypoluxo Road, as
far as commercial development. It is not commercial zoning. It
is a commercial approval within a Planned Unit Development that
recognizes the inherent relationships between this type of
community and a commercial development.
To comment on a couple of other things that Mr. Skokowski thought
also to be important on the project, he said the overall
master plan for this development calls as much as possible for the
preservation of this existing open space. They have identified
some significant landscape cover on this-property, and Mr.
Skokowski said they have made a firm commitment to the staff to
preserve all specimen trees and work as closely as they can with
the preservation of all that landscape material.
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Between the roadway that is being planned and the development to
the east, Mr. Skokowski said there is an additional 30 foot open
space area which will remain undisturbed in terms of existing
tree vegetation that is in the area. As a compliment to this
community, Mr. Skokowski advised that they have recreational
facilities planned on site (swimming pools, spas, bath house,
shuffle board, putting green, garden plots for their residents,
paths for recreational areas, walking and bike trails, out-
door pavilion, a security guard house as he mentioned, landscaping,
lakes, and a positive program of open space and tree preservation,
which is the kind of benefit a community ought to get through a "
Planned Unit Development approval.
As Tim Cannon, Assistant City Planner, mentioned, Mr. Skokowski
said they also did a comparative analysis because of the unique
position this project has relative to standard planning develop-
ments that the Council reviews having standard housing in them.
They found they were significantly less than what you would
normally find. Of course, they had no school impact. Mr.-
Skokowski felt there would be little, if any, recreational impact
on the community since the facilities are on site. He advised
they will provide on-site security services. The conventional City
services that they have will be augmented by their 24 hour operations.
The one area where they had additional impact was in the area
of traffic. Mr. Skokowski said they had a little problem in
the numbers that the County had forwarded to the City. Some
were understandable but some were not. One of the numbers that
the City had been given represents their initial application
for 16,000 square feet of office space, Mr. Skokowski told the
Council. They agreed, at a meeting earlier at the staff level,
to reduce that to 10,000 square feet, so Mr. Skokowski pointed
out that number would not be accurate.
Mr. Skokowski said they also had the City Planning Department
forwarding data to the Council based on the County Planning
Department's traffic generation rates and not County Engineering
Department's generation rates. He informed the Council they are
using standard generation rates that were accepted by the
engineering profession putting it in the County Engineering
Department. Mr. Skokowski acknowledged that they do have an
additional impact compared to what would normally take place on
this site in that one area only. However, their participation
in the intersection improvements of Hypoluxo Road, includ-
ing off-site improvement at High Ridge Road and Hypoluxo, as
well as their participation in the signalization of that
intersection, will bring the traffic level to a level that
they could see was desirable and acceptable on this thorough-
fare, Mr. Skokowski continued.
Mr. Skokowski told the Council they are also dedicating a
substantial right-of-way from Hypoluxo Road. Their property now
extends from, more or less, the center line of the roadway; and
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their right-of-way dedication varies from 45 to 60 feet for the
ultimate expansion of that thoroughfare.
Mr. Skokowski knew there were a few more comments that he could
make. There was one very important one that he thought he needed
to make based on City Manager Cheney's comment. Mr. Skokowski
expressed that they think they understand the problem and the
concern that the City has regarding the looping of the water
system. They felt that their development on this property, which
includes in part property that was a part of a previous master
plan approval in the City, made them parties to that commitment..
Mr. Skokowski said they felt they could maintain their share of
that commitment by bringing water service up to and through their
property and capping it at the western boundary. They understand,
however, the City's concern about the continuation of that
commitment. Based on the two alternatives that City Manager
Cheney gave him, that they either resolve that problem with the
country club people or otherwise, Mr. Skokowski said they would
accept that condition (however City Manager Cheney has phrased
that) as a condition of their going ahead. Mr. Skokowski advised
that they hope to have that issue resolved before the next meeting,
which is about two weeks from tonight.
Vice Mayor Warnke noted the applicant was asking the City to re-
zone RlAAA to PUD, which is already in the City. Mr. Skokowski
said that was correct; about half of the property is in the City.
Vice Mayor Warnke told Mr. Skokowski that as soon as the applicant
gets the approval, they are going to sell the property to Mr.
Lawrence E. White. Mr. Skokowski replied, "No sir. We own this
property." Vice Mayor Warnke had an affidavit saying that it is an
owner contract of purchase to Lawrence E. White, and ~tr.
Skokowski was acting as his agent. Mr. Skokowski answered that
the property is owned by the petitioner; it is not under a contract
to purchase.
Mr. Skokowski clarified that at the time of application, the
property was under contract to purchase. Mr. Skokowski said
Lawrence E. White is in a development partnership on this property.
He informed the Council that Mr. White is a partner in this
petition and he does, in fact, with the rest of the develop-
ment group = this property to day. Mr. Skokowski assured the
Council they were not here on a speculative basis, selling this
property to someone else. He said the partners were here this
evening to discuss that and to confirm that on record.
Vice Mayor Warnke called attention to the fact that all the City
had so far was documentation saying they are going to sell the
property as soon as this is approved. Councilman de Long believed,
on the advice of counsel, the Council could move on this subject
to verification of the question that was prought up by Vice Mayor
Warnke.
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JANUARY 18, 1983
Councilman Wright mentioned that some of the members of the Chamber
of Commerce were quite concerned about the occupancy available
of office space in the City of Boynton Beach. It seemed like
the City had quite a few large facilities that are still basically
empty. Councilman Wright asked Mr. Skokowski if he thought they
would be able to fill up that space once they get the project
finished. Mr. Skokowski replied, "Yes, I do." Mr. Skokowski
advised that 10,000 square feet is not a major office facility.
It is very small, and they feel confident that a 50% share of that
can be taken by medical practice practitioners that will service
this facility principally. Mr. Skokowski stated that they feel
the additional area is a logical component from the size of
this facility and can, in an ancillary manner, service the
surrounding community in a way which does not intrude on the
community. Mr. Skokowski expressed that they feel comfortable
that the demand is there, and this type of development is a
logical location from the interrelations that exist more so than
in other areas.
Councilman Wright asked where they were getting their facts and
studies, to support their need for something like that. He
questioned where they got that and asked if Mr. Skokowski if he
did a need assessment himself. To answer that question dir-
ectly, Mr. Skokowski introduced the Council to Dr. McCoy,
principal in the development team here.
Dr. John A. McCoy, 19 Meadow Lake Court, Winter Haven, Florida,
one of the principals involved in this project in a joint
venture partnership with Mr. White, informed the Council that they
have received a number of inquiries from physicians, primarily
from John F. Kennedy Hospital, regarding office space at this
location. Dr. McCoy did not have their names at hand with him
but repeated that they have received a number of inquiries regard-
ing office space there.
The reason for Dr. McCoy coming forward was to address the ques-
tion of Vice Mayor Warnke in that he wanted to clarify one point.
Dr. McCoy claried that part of the property, that is, the large
rectangular portion, is owned by the applicant but the back
portion is under an option contract (iron clad contract). It is
not owned by them at the present time. Dr. McCoy wanted to make
that point perfectly clear. He advised that it is under contract;
they have not purchased it. Mr. Skokowski was sorry that he was
not aware of that.
Mayor Trauger asked Mr. Skokowski if he was in agreement with all
of the conditions read by Mr. Cannon, Assistant City Planner, and
to the acceptance of the conditions, including the two options
provided by City Manager Cheney for the looping of the water.
To make sure that they are clear ~n that, Mr. Skokowski said he
would have to make comment. He told the Council, "Yes, we are in
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.,
agreement with the third consideration of Mr. Cheney's. We would
want clarification from you as to what the City's position is on
the location of the office facility. We would try to make our
best case. We had this before the Planning and Zoning Department,
and we are not clear (I'm not clear because of Mr. Annunziato's
absence) as to what the Director's position is on that. I thought
that we had his support, but he is not here to speak for himself."
On the third item, the size of the office facility, Mr. Skokowski
said the staff had recommended a reduction from 10,000 to 6,000
square feet. Their feeling is that that is solely based on
traffic impact, which they feel they will accommodate by additional
improvements to intersections and signalization that is already
committed to others. That impact can be mitigated, and 10,000
square feet is not a substantial amount of square feet. Mr.
Skokowski said they tried to demonstrate that again through their
site plan graphics and their commitment to be removed from the
roadway.
Mr. Skokowski continued by saying they would like to ask the City
to allow them to build 10,000 square feet, which would help them
in the development of the property. Of course, he pointed out
that was at the Council's discretion. If the City feels they
need to reduce that, Mr. Skokowski said they will. He said they
would like to go up to 10,000; they feel they have a reasonable
case to go ahead with that.
Mayor Trauger asked City Manager Cheney and Assistant City
Attorney Wolf as to the legality of the request.
City Manager Cheney commented that he discussed it with Carmen
Annunziato, City Planner. Mr. Annunziato felt the condition on
the setback of the office building of 250 feet, or whatever feet
it was from Hypoluxo Road, was adequate, in his judgment, to
relate this building not to Hypoluxo Road but to the project it-
self. Besides, Mr. Annunziato still recommended that it be
dropped to 6,000 feet for the size of the office building, City
Manager Cheney advised.
City Manager Cheney added that because this is annexation, the
City has to be concerned about the County Comprehensive Plan,
and the City can only annex and zone in such a way that is consist-
ent with the County Comprehensive Plan. Mr. Annunziato has had
many discussions with County staff, and the current position of
the County staff is one of concern and worry about the orientation
of this building to Hypoluxo Road and about its size.
City Manager Cheney said they felt by keeping the building back
from Hypoluxo Road and keeping it not more than 6,000 square feet
is consistent with the County staff and tbeir interpretation of
the County Comprehensive Plan. I~ addition to that, City Manager
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Cheney thought it was also Mr. Annunziato's interpretation of the
City's PUD Ordinance. City Manager Cheney reiterated that the
City is, in this case, 'affected by the jUdgment of the County.
If the Council would take the same action that the Planning and
Zoning Board took, from the staff's point of view, City Manager
Cheney thought that would be the one the City would recommend
the Council support.
Councilman deLong asked if City Manager Cheney agreed with the
recommendation of the Planning and Zoning Board. Mayor Trauger
believed that was 6,000 feet. City Manager Cheney answered
that the applicant's positiJn would be that they prefer 10,000;
the Planning and Zoning Board is 6,000. What they are going to
do for 6,000 feet, City Manager Cheney said he would leave it up
to them.
Mr. Skokowski said their response would be as they indicated to
the Planning and Zoning E~ard. They told the Planning and-Zoning
Board that they would present their best case to the Council.
If the Council's feeling is that the Planning and Zoning Board is
correct with their recommendation and conditions, they would
certainly go along with that, Mr. Skokowski advised. He said the
applicant said they had no desire to press the City on a similar
issue. They simply want to state their case. Mr. Skokowski
felt there was no negative impact as a result of that that could
not be accommodated or mitigated. He reiterated that they, of
course, will go with the City's wishes.
If Mayor Trauger was correct, the Planning and Zoning Board was
at 6,000 square feet for the building. Mr. Skokowski agreed that
was correct. Mayor Trauger asked Mr. Skokowski if he was in
agreement to the other staff comments as presented by Tim Cannon,
Assistant City Planner, and City Manager Peter Cheney. Mr.
Skokowski answered, "Yes sir." Mayor Trauger asked Attorney Wolf
if that satisfied him. Attorney Wolf replied, "Yes." He wished
to ask one question.
Attorney Wolf sam that the adult congregate living facility and
convalescent center require permits from the State HRS and
asked what the position was on those permits. He further
questioned what happens if the PUD gets approved and something
happens with the permits. Attorney Wolf asked if that question
had been addressed. Mr. Skokowski believed they were subject to
those approvals. He asked Dr. McCoy to comment.
Regarding the nursing home portion of the project, Dr. McCoy said
they had to obtain a certificate of need and then all of the
appropriate licenses from the Department of Health, Rehabilitative
Services. Those, all but the final approvals which are given upon
the completion of the building, have been granted to them, Dr.
McCoy informed the Council.
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Regarding the adult congregate living facility, Dr. McCoy advised
there is no such stipulation calling for a certificate of need
for such a project. However, they still fall within the HRS
regulations and have to comply therewith.
Regarding the relationship of those approvals to the PUD, Dr.
McCoy informed the Council that the State does not care what kind
of zoning. Attorney Wolf's problem was the City granting a PUD
for an adult congregate living facility and a convalescent center.
He pointed out a PUD is stuck into those uses, and you do not have
a large range of uses. He said this only happens with the
permits. Attorney Wolf wanted to see the assurances that the
permits are in the process or something. Dr. McCoy said they
have those assurances. He stated, "This project cannot move. We
have told the State that that is where we will be located, and it
would be very difficult for us." Attorney Wolf's only concern
was that he just did not want to see a project in limbo and pieces of
land in the City in limbo. Dr. McCoy assured Attorney Wolf
he could verify the existence of a certificate of need and-the
approval on that site.
Councilman deLong believed they should include this in the
motion. Attorney Wolf added, "verification that the permits and
the certificate of need has been established." Dr. McCoy
answered, "Yes sir." He wanted an opportunity to present that at
the next public hearing. Attorney Wolf was sorry he brought it up
at the last minute.
Councilman deLong asked Vice Mayor Warnke if he was satisfied
with the contention he had. Vice Mayor Warnke was not satisfied
with the whole thing at all. First of all, it is RlAA to PUD.
which Vice Mayor Warnke thought was ridiculous.
Councilman deLong asked why they didn't just lay this on the
table. He asked City Manager Cheney if he had any recommendations.
City Manager Cheney did not know the nature of Vice Mayor Warnke's
concern. He doubted that laying it on the table was going to
address what the Vice Mayor was saying.
Councilman deLong pointed out that they had not reached any
conclusions as to what to do with this, if it is up in the air
insofar as the question that was raised by Vice Mayor Warnke and
the addition of what Assistant City Attorney Wolf had said.
Councilmember Woolley and Mayor Trauger said it was not up in the
air. Mayor Trauger said the applicant has assured them that he
is the owner of the property and assured that he would bring to
the City attorney his entitlement to the property. Councilman
deLong said that was the question he asked Vice Mayor Warnke, and
he said "No." Vice Mayor Warnke was against approving RlAA to
PUD. He repeated that it was ridiculous.
City Manager Cheney advised that PUD is one of those things
that is allowed in various zones. From what he could hear Vice
Mayor Warnke saying, City Manager Cheney did not think Vice Mayor
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Warnke's concern was answerable.
Mayor Trauger asked if anyone else wished to speak in favor of the
project. There was no response.
Mayor Trauger asked if anyone wished to speak in opposition to the
proj ect.
Mr. Allen L. Polak, 645 West Ocean Avenue, Boynton Beach, did not
want to speak against it; he was not here for it, but he did want
to question the Planning and Zoning Board on something.
Mayor Trauger asked Mr. Polak what his personal business was. Mr.
Polak answered that he is in the body and fender business. He
wanted to ask the Planning and Zoning Board if they had taken
into consideration the amount of time it would take the City Fire
Department to go down to that particular location or if it would
be necessary for the City to build another fire house back in
that location. City Manager Cheney thought Mr. Polak's question
was addressed to the staff because the Planning and Zoning Board
was not here.
City Manager Cheney said Mayor Trauger had raised this question
the other day, and the Fire Chief, Mayor and he talked about it.
Mr. Cheney said the City Fire Service almost never goes to a
nursing home. For example, they almost never go to Boulevard
Manor because they are staffed to take care of those problems
themselves. In most cases, City Manager Cheney said it would be
the ambulance service (probably, in this case, it would be
from John F. Kennedy Hospital) who go to a nursing home. This
was verified by James Rhoden, Fire Chief, who was in the audience.
What happens to fire service if they develop the whole area of
the City south of Hypoluxo Road to Congress Avenue and Lawrence
Road, asked City Manager Cheney. He said that was something they
would have to address. Certainly, with this kind of new construction
which is built with current Codes, as far as fire safety is
concerned, the instance of likelihood of a fire call goes down
to a very small percentage because of the kind of construction,
City Manager Cheney advised. City Manager Cheney called attention
to the fact that you always have people on duty in these build-
ings, both in the life care center and the convalescent home
(nurses, security people, etc.), so that is a big help also.
Mayor Trauger asked if there were any other comments for or
against the proposal. There was no response.
THE PUBLIC HEARING WAS CLOSED.
Councilman deLong moved that proof of these pertinent questions
that have been asked be submitteqand to accept the unanimous
recommendation of the Planning and Zoning BOard that the
annexation for Southern Senior Group be accepted by the Council,
noting consistency with the Boynton Beach Comprehensive Plan
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JANUARY 18, 1983
policies: and ~so the unanimous recommendation of the Planning and
Zoning Board that the request for Land Use Amendment and rezoning
be approved subject to staff comments, including the recommenda-
tions made by the City Planner, in the Report to the Planning and
Zoning Board. The motion was seconded by Councilmember Woolley.
Mayor Trauger repeated that it had been moved that the City
Council accept the unanimous recommendation of the Planning and
Zoning Board for the annexation request submitted by Henry
Skokowski for Southern Senior Group be accepted by the City
Council and the legal documents of title and of the State
licensing, which was the concern of the Assistant City Attorney,
be provided before the actual approval will be completed; and
also that the Planning and Zoning Board's recommendation that
the request for the Land Use Amendment, subject to staff comments,
be approved.
Mr. Skokowski wanted to know if the Assistant City Attorney felt
that it would be proper to divide the motion on the three -
elements that are before the City (the annexation, Land Use Amend-
ment, and the PUD approval). Attorney Wolf believed Vice Mayor
Warnke had asked for that division. Attorney Wolf did not think
it was absolutely necessary at this level. When it comes up for
each Ordinance, Attorney Wolf advised it would have to be voted
on separately. In the past, when it has been presented as a
package, Attorney Wolf informed everyone it has been voted as a
package.
At the request of Mayor Trauger, Mrs. Padgett, City Clerk, took a
roll call vote on the motion as follows:
Mayor Trauger
Vice Mayor Warnke
Councilmember Woolley
Councilman Wright
Councilman de Long
Aye
Nay
Aye
Aye
Aye
1'\ Motion carried
motJ.on.
,
4-1, with Vice Mayor Warnke voting against the
Applicant:
Request:
City of Boynton Beach
Land Use Amendment from Medium Density Resi-
dential to Office, and Rezoning from R-2
(Single Family & Duplex Residential) to C-l
(Offices/Professional Commercial)
South Seacrest between SE 21st Avenue and SE
23rd Avenue, east side
C-l Use
Crestview - Lots 60, ~l, 62, 65, 66
Location:
Proposed Use:
Legal Description:
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October 27, 1992
Mr. Christopher Cutro
Planning Director
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Dear Mr. Cutro:
My investors continue to have a keen interest in proceeding with
the Stafford Park project. However, before we can proceed we must
feel ccmfortab1e that the re-zoning issues can be resolved at the
local government level. To that end, we are awaiting a letter from
your office.
We are confident that Stafford Park can become a viable project and
an asset to the community. We hope and understand that we must
feel comfortable that a close working relationship can exist
between our group and the City of Boynton Beach before we proceed.
Sincerely,
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Thomas L. Ridenour
President, PCI
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T. L. Ridenour,
PROPERTY CONSULTANTS INTERNATIONAL, INC.
1975 E. Sunrise Blvd., 5th Floor
Ft. Lauderdale, Fl 33304
Mr. Christopher Cutro
Planning Director
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Fl 33425
Dear Mr. Cutro:
I represent a foreign investing group who is very interested in
the purchase of Stanford Park on Hypoluxo Road. It is their
desire to resale the individual residential units in condominium,
marketing those units in Canada and Europe as well as locally.
It is my understanding that the development was originally a PUD
and that recently the office complex was sold dissolving, for all
practical purposes, that PUD. Since there is no longer unity of
ownership of the original PUD we would like to know if it is
possible to amend the PUD to allow the residential building to
remain and be sold as condominiums.
We feel confident that we will be able to resolve all of the
problems such as parking and utilities related to the original
development and we are willing to work closely with the Boynton
Beach City officials to this end.
If the City feels that the requested amendment to the PUD can be
processed we are ready to. enter negotiations with the bank for
the purchase of the property.
We feel that the conversion of Stanford Park to a residential
condominium will benefit the city due to increased tax rolls and
an influx of money to the local economy. We look forward to your
reply and hopefully, working with the City to make Stanford Park
an asset to the community.
Si ncerel ."., d 0'
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President
Property Consultants
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EDGAR C. BEERY. JR, . FAIA . PARTNER
S. RICHARD RIO. AlA, . RETIRED
GEORGE W. LAWSON. A.I.A. . PARTNER
'M-HTNEY L. WAGNER. A.IA . PARTNER
TIMOTHY l. DANFORTH. A.I.A. . PARTNER
STEVEN H. RUIZ . A,I.A. . PARTNER
WILLIAM 1. BROWN, II . A.I.A. . SR, ASSOCIATE
EKA S. RAHARDJO . A.LA. . ASSOCIATE
August 14, 1992
Mr. Don Jaeger
Building Official
City of Boynton Beach
100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33425-0310
RE: Stanford Park
Dear Mr. Jaeger:
I am an architect representing Sunrise Retirement Communities. Sunrise is currently under
agreement to purchase the Stanford Park project to be used as senior rental housing. Mr. Cutro
was very helpful and answered many of the questions in regards to the status of the project.
There were several building code issues that Mr. Cutro suggested I review with you which are
as follows:
1) The original use group classification of the building was "R"
residential. One half of the building, the south wing, will remain
independent living as currently designed. The north wing will
have some small design changes to open up some common living
and dining areas. The north wing will be licensed as an A.C.L.F.
with some limited nursing services (not a nursing home). We
want to make sure that this type occupancy still falls into "R"
specifically "R-2" and not "I" unrestrained.
2) We understand the original building permit, based on the 1985
SBC, has expired. My question is whether we would have to
make building modifications to bring the project up the to 1991
SBC.
3) The residential units as constructed may not meet the current
accessibility codes. My question is whether we must meet the
FHA accessibility guidelines of March 6, 1991, and current
Florida accessibility codes.
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Mr. Don Jaeger
August 14, 1992
Page 2
The above are the major building code questions that greatly impact the purchase decision.
Again, Mr. Cutro requested I outline these questions in writing and I will follow up with a
phone call on or about the 18th of August.
Your assistance on these items would be greatly appreciated.
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Whitney L. Wagner
Architect, AIA
cc: Christopher Cutro
Mark Maberry
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November 25, 1991
W. Richard staudinger, P.E.
Gee & Jenson
One Harvard Circle
West Palm Beach, FL 33409-1923
Re; Stanford Park Proiect. Bovnton Beach. Florida
Dear Richard:
Enclosed herewith, please find Thomas P. Hunt's correspondence of
November 20, 1991, in connection with the matter captioned above.
Upon your review of this correspondence, please contact me to
discuss this matter in greater detail. I feel at this point in
time, it may be helpful for the parties to meet at City Hall to
discuss a possible resolution to this matter.
Thank you for your assistance. Happy Holidays.
:::7;L:._
JDM:aw
Enclosure(s)
cc: J. Scott Miller, city Manager (wjencl.)
Chris Cutro, Director of Planning (wjencl.)
vincent Finizio, Administrative Coordinator of Engineering
(wjencI. )
JrO.
[A: jdn71 stauding.docl
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