O82-34AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID
CITY, BY ZONING A PORTION OF A CERTAIN PARCEL
OF LAND MORE PARTICULARLY DESCRIBED HEREIN
WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED
INTO THE CITY OF BOYNTON BEACH BY ORDINANCE AS
P.U.D. (PLANNED UNIT DEVELOPMENT) WITH LAND USE
INTENSITY 5 (L.U.I.); AND ANOTHER PORTION OF
THAT LAND MORE PARTICULARLY DESCRIBED HEREIN AS
P.I.D. (PLANNED INDUSTRIAL DEVELOPMENT);
PROVIDING FORA SAVINGS CLAUSE; REPEALING
PROVISIONS; AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
WHEREAS, the City Council of the City of Boynton Beach,
Florida, has heretofore adopted Ordinance No. 80-19, in which a
Revised Zoning Map was adopted for said City; and,
WHEREAS, the City Council of the City of Boynton Beach,
simultaneously herewith adopted an Ordinance annexing a parcel of
land more particularly described~herein into the City limits of
said City; and,
WHEREAS, the owners and agents of said property have
requested the above mentioned zoning category; and,
WHEREAS, the Planning and Zoning Board of the City of
Boynton Beach, Florida, has heretofore approved said development
and has recommended approval thereof; and,
WHEREAS, the City Council deems it the best interest
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 COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That. the following described land, located
in the City of Boynton Beach, Florida:
SEE ATTACHED LEGAL'DESCRIPTION (EXHIBIT "A")
be and the same is hereby zoned as P.U.D. (Planned Unit Develoo-
ment) with a Land Use Intensity of 5.00.
Section 2. That the application of WILLIAM E. BENJAMIN
II and POINT MANALAPAN DEVELOPMENT CORP. for rezoning of subject
tract is hereby granted for the purpose of permitting the
development of said land as a Planned Unit Development (P.U.D.)
is specific in accordance with development plans and specification
therefore now on file in the office of the City Planner in the
City of Boynton Beach, Florida, and all requirements, terms and
conditions established and set forth in the minutes of the
Municipal Planning and Zoning Board and the City Council of the
City of Boynton Beach pertaining to the review and approval of
said application which minutes are hereby made a part hereof for
reference and staff comments as attached hereto as Exhibit "B".
Except as provided herein, the applicant shall proceed
in strict accordance with all ordinances of the City of Boynton
Beach, including, bu~ not limited to, its building, electrical,
plumbing, subdivision, planning and zoning codes, and all rules
and regulations of the State of Florida Department of Environmental
Regulation. In satisfaction of the recreation dedication require-
ments of the City. Ordinances, this apprOval incorporates a payment
by the Developer consistent with City Planning and Zoning Board
approval.
Section 3. That the following described land located
in the City of Boynton Beach, Florida,
SEE ATTACHED LEGAL DESCRIPTION (EXHIBIT "C")
be and the same is hereby 'zOned as P.I.D. (Planned Industrial
Development).
Se¢~tion 4. That the application of WILLIAM E. BENJAMIN
II and POINT MANALAPAN DEVELOPMENT CORP. as owner, for rezoning
of subject tract is hereby granted for the purpose of permitting
the development of said land as a Planned Industrial Development,
(-P.I.D.) is specific in accordance with development plans and
specifications therefore now on file in the office of the City
Planner in the City of Boynton Beach, Florida, and all require-
ments, terms and conditions established and set forth in the
minutes of the Municipal Planning and Zoning Board and the City
Council of the City of Boynton Beach pertaining to the review and
approval of said application which minutes are hereby made a part
hereof for reference and staff comments as attached hereto as
Exhibit "D"..
Section 5. That the aforesaid Revised Zoning Map of
the City shall be amended accordingly.
Section 6. That should any section or provision of
this Ordinance or a portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 7. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 8. This Ordinance shall become effective
immediately upon its passage.
FIRST READING this ..... .. .day o , 1982.
SECOND, FINAL READING and PASSAGE this .... ~ day of
~7~ ,1982.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA.---~
e 'Mayor
C~~e~e% ~ ~
C~uncil Me~'er '
City Clerk
(Corp. Seal)
· ..'r~--?~ -?XH~IBIT "A';
P. UD. 1)ESCRI PTION .....
"~r~:"~ut]l',: R~ngc-43.-."E~:4t;-:th,:sce.run North -88"41.'~1'" East' along t. he South
o~-sai~'.::l~ec~ion~19,-a dis'tance-o~ ~5.01 feet'-ko'a point on the eps-
~ight'-o['i~aY ~p!--'-Hl~h_.Ri.~tge. Roa,~; 'thence run'North alon.~ said eas-
r~t~t-of-way, -a" distan6e .6f ~322.7'1 feet ko the POINT OF- BEGINm
thence .continue North along, said _ea-~te. rly -rJgh't-0f~way,-:-a dis-
Of :9~6.93 fcct; tl~'nce run i;~rth '88~45'14 .... .Ea'st, a 'di. stance".of
fU,3t; thenc~ run.i;orth 159.82; th.enc~ .run ;]orth :88°45'14" ~ast,
']istanc,3 o~ 1220.87 ~!',-~et;_the~ce~ run North 00~05'28 .... East, a distance
[318.0S feet; tb,.rnc? r,]n ;~orth 8U"45'58" East, a' distance of 39.E2
..~hencc 'run South 01"]2'26" East, .a distance o[ 2481.01 feet;
run South 8~"4 i~51" West, 'a' distance -o[ l~24.83 feet to
CO~-;TAI~-~]NG 38.73 Acr,~s, more or ]ess,-including 0.34 Acres for_the
add~tio~al right-of-way of High Ridge. Road.
~MINUTES-- REGULAR CITY
BOYNTON BEACH, FLORIDA
AUGUS~ 17, 1982
The only question Vice May6r Warnke had was whether'it would be
primarily rental or "for sale" in their projection at this point.
Attorney Sheehan thought they were basically looking at rentals.
Simply because of the market conditions, he said they were not able
to pin point exactly'what it is going to be, but that is what they
are looking at. The projections (as Mr. Annunziato pointed out)
has been that.~'Mr..Sheehan guessed it has been nine months or a year
that they have been working with staff.Qn this. He said he could
tell the Council that "they have held their feet to the fire on
these things."
Mayor~ Trauger asked if there were any questions of Attorney
Sheehan or if anyone else wished to speak in favor o~the project.
There was no response~ Mayor Trauger asked if anyone else in the
audience wished to speak in opposition to the project. There was
no response.
Councilman deLong moved to-accept the recommendations of the
Planning and Zoning Board both on the annexation and the rezoning
and to instruct the City Attorney to prepare the following
documents at the appropriate time:
t
An Ordinance amending the Future Land Use Elements of the
Comprehensive'Plan.
An Ordinance annexing the %pplicant's property.
An Ordinance rezoning the applicant's property.
4. A Resolution to be forwarded to the County Commission
~ - requesting concurrence with the annexation. .
He said that is what is called for under the regulations. -~Q~n¢il-
member. Wooltey seconded ~ha~mQtion,.~whi~h was :th~n_-repeated 'by ~
Mayor.Trauger.. Mayor Trauger asked?Att6rney Vance,'"Does-that got
it all in it?" City Attorney VanCe replied that it did...~. ~,..~ . ~
At:the request of Mayo~Trauger, Tereesa Padge~t, City Clerk,l.took
a roll call vote on the motion: .
Vice Mayor Warnke - Aye
Councilmember Woolley - Aye
Councilman Wright - Aye
Councilman deLong - Aye
M~yor Trauger - Aye
Motion carried 5-0.
PUBLIC.HEARING - 8:00 P. M. - (Hearings C & D will be held concurrently)
C. Applicant: William E. Benjamin, II and Point Manalapan
~INUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
Request:
Location:
AUGUST 17, 1982
A/~NEXATION ~f 65.80 acre tract of land
Between High Ridge' Road & Interstate 95 approxi-
mately one mile south of Hypoluxo Road, together
with adjoining Seaboard Airline Railway and
Interstate 95 rights-of-way
Applicant: William E. Benjamin, II and Point Manalapan
Development Corp.
Request: LAND USE AMENDmeNT & REZONING - Amend Future'Land
Use Element from Palm BeaCh County RS to
Industria- for PID and Low Density Residential for
PUD
NE corner of the intersection of High~'Ridge Road
and Miner Road
Location:
Proposed
Use:
Construction of 152 multi-family units and 45~
single family units, plus recreational amenities
on 40.8 acres, and for a 25 acre Planned
Industrial Development
Carmen-Annunziato, City Planner, said this presentation would be
somewhat similar to the last one but the location and proposals are
different. Again, Mr. ~nunziato stated that this is a threefold
request of the Council: (1) to annex a tract of land; (2) to
modify the City COmprehensive Plan by the addition of real property
to the effects of the Comprehensive Plan; and (3) to-rezone the
applicant's property consistent with the County's Comprehensive
Plan.
In this instance, Carmen Annunziato informed the Council that the
applicant isthe Point'-Manalapan Development Corporation and
William E.. Benjamin. The'request is to annex a 65.8 acre tract of
land into the City of Boynton Beach. Mr. Annunziato said the
property is bordered on the east by the ~eaboard Airline Railroad,
on the horth by Lake Worth Christian School on High Ridge Road,
on the west by High Ridge Road plus a-small out parcel which is
developed ~as a single ~family home, and on the south by the
Rollyson Warehouse; some..vacant property and Florida Pneumatic.
Concerning additions, Mr. Annunziato told the Council the City has
again added some intervening rights-of-way into the description,
providing for the annexation of 1-95 and the Seaboard Airline Rail-
road not only.adjacent to the applicant's property but what
existed as a ~ocket within the City lying south of Miner Road
extended. He showed the location, which was the piece in the
darkened area of the overlay.
As he mentioned, Mr. Annunziato said the acreage is 65.8 acres.
The current status: The southern 1/3 of the property is approxi-
mately at grade sand, vacant, and undeveloped. The approximate
northern 2/3rds of the property was 'a mango orchard and an avocado
orchard that is no longer being farmed, and it is somewhat derelict,
Mr. Annunziato informed the Council. In regard to the orchard
status, Mr. Annunziato said they could
classify it as more or less
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
AUGUST 17,-~1982
vacant and undeveloped.
Concerning consistency with the Boynton Beach Comprehensive Plan
annexation policies, again Mr. Annunziato pointed outlthere are
three: the contiguity, the cost benefit, and the size.
Concerning contiguity, Mr. Annunziato said the proposal is
contiguous to the city along the entire southern boundary and via
the annexation of the intervening rights-of-way, it would be
contiguous by definition with this portion of the City, being Pine
Point Villas and developments on the west side-of Seacrest north
of Miner Road.
With regard to the co'st benefit analysis, again Mr. A~unziato
said they went through exercise trying to relate this proposal
to comparable currently developed in the City. Mr. Annunziato
informed the Council that an analysis'was provided to them, which
they received in their packet.
Concerning sufficient size, of course, Mr. Annunziato continued,
65.8 acres is a reasonably sized tract of land which could be
served efficiently with urban services.
Mr. Annunziato thought the primary issue of annexation would be
the extension of High Ridge Road. He reminded the Council that
all of us have labored Under lac~ of High Ridge Road for many
years. It has been a problem for the City's. life and health
safety office'rs, and the Council has seen this'in the form of
recommendations over the years concerning the development of the
Rollyson warehouse, specifically, and then on the master plan
for South Palm Beach Commerce Park.
Mr. Annunziato told the Council that James Trindade,-one o~ the
associates of the South Palm Beach Commeorce Park, just spoke to
him a f~w minutes ago. He asked the Council to recall that
recently they approved an excavation and a fill request. One of
the requirements placeR on the developer at that time was to
construct High P~dge Road from where it currently terminates
south to N. W. 22nd Avenue and to provide a letter of credit to
demonstrate that that development would be constructed. Mr.
Trindade informed Mr. Annunziato that today, he received a letter
of credit from the bank and will be coming to the City any day
now.
Mr. Annunziat~ informed the Council that this developer is also
being charged with the construction of High Ridge Road from Miner
Road south to N. W. 22nd Avenue, as well as intersection improve-
ments to H-ypoluxo and High Ridge and turn lane improvements at
the entrance of the private development driveways, and also
traffic signalization at High Ridge Road and Hypoluxo Road.
- 22 -
~4INUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
AUGUST 17, 1982
Concerning the Future Land Use Amendment, again Mr. Annunziato said
the City labors under the Palm Beach County Comprehensive Plan,
and this has been an item of interest from the planning viewpoint
because the County has approved a zoning ordinance providing for a
planned industrial park development. What this proposal is is a
mixed use development which provides for job related functions
plus residential opportunities in close proximity to.each Other.
The PIPD (planned industrial park development)~ under County circum-
stances would be one zoning classification, Mr. Annunziato advised.
He said the City has no one zoning classification that provides
for that mixed use. However, the City has two~-zoning classifi-
cations which lend themselves to that kind of development. In
fact, Mr. Annunziato said the City did request that t~e County
Planning Director review this proposal for consistency With the
County Comprehenisve Plan, and he has reported that this proposal
is consistent based, of course, on consent by the Palm Beach County
Commission.
Mr. Annunziato advised that the proposed Boynton Beach classifi-
cations would be for the southern 25 acres, which is being proposed
to be developed as a planned industrial development, to be
industrial and the northern 40.8'acres would be low density
residential. Mr. Annunziato continued by saying that the land uses
are appropriate when viewed, consistent with the surrounding land
uses. He referred to his mentioning several times the industrial
development which lies to the south of Miner Road extended. The
PID (planned industrial development), as Mr..Annunziato pointed
out, is sort bf a high grade zoning classification with required-
buffers and required land development criteria and, of course, the
Council would have to approve any land use which would be located
in the Planned Industrial Development.
Mr. Annunziato advised that the residential development,.even _-
though it is low density (4.8 units per..acre), will provide for
multi-f~mily residential uses adjacent to the Planned Industrial
Development; and then,~as you go north, it will provide for a ~.
large lot, single fami~y subdivision which will border the Lake
Worth Christian Sch0ol. -In effect, what the applicant has d0ne is
to accommodate the land use conflict which currently exists in
this area on his own property, Mr. Annunziato informed the
Council.
In order to develop this property for residential and industrial,
Mr. Annunziat6 said the applicant had to accommodate the
industrial tO the south and the estate residential which exists in
some portions of the land along High Ridge Road to the north and
to the west. ~
Mr. Annunziato put another overlay on and again mentioned that the
proposed zoning is of two sorts: (1) Planned Industrial Development
and (2) Planned Unit Development with more than 55 to 60% of the
proper~y.. Mr. Annunziato informed everyone that the Planned
Industrial Development is a proposal to develop 25 acres into 20
lots served by an entrance road with a cul-de-sac. There
,MINUTES.-- REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA AUGUST 17~ 1982
required buffers as a resu~ of the PID with 40 feet adjacent to
the residential property and 25 feet on the east and south, 40
feet being that'the required buffer on the west is across the
street from an estate developed residential property, Mr.
Annunziato Continued.
Mr. AnnunziatO said two rights-of-way are dedicated as a result
of this planned industrial deveiopment:--(1) a required right-of-
way from Miner Road between High Ridge Road and the Seaboard
Airline Railroad; and (2) an additional 15 feet for High'Ridge
Road, which will bring it to within a proper 1/2 section for a
collector road consistent with the City's subdivision regula-
Mr. Annunziato informed the Council that the Planned Unit
Development provides for 197 units, 45 units being single family
detached, and the remainder being multi-family, with land uses
of which 47.4% are devoted to single family uses or approximately
20 acres. 40.2% are devoted to multi-family uses, or approximately
17 acres, and 12.4% of the site are devoted to rights-of-way
which would be proposed to be public and built consistent with the
City of Boynton Beach subdivision regulations.
Concerning recreation on site, Mr. Annunziato said the developer.
is proposing to construct a 1300 square foot meeting room, turf
play fields, a jogging trail which he said continued on the
appendage to the north, a picnic area, children's play apparatus,
a preserved quiet area (where there is a nice tree feature) and
bike paths along High Ridge Road. The remainder of the parks
and recreation commitment is proposed to be turned into dollars
based on appraisal, and Mr. Annunziato said that would be based
on 1.56 acres.
Concerning the master plan, Mr. Annunziato reported that it is
consisfent with the planning and developing, regulations except
'that the developer is requesting a modification to the zoning,
which is permitted based on Council approval, to be permitted to
construct a roofed over.'parking structure adjacent to the
planned industrial development.
Mr. Annunziato pointed out that this proposal is utilitarian in
that if you look at conceptual carport design, there is a 6 foot
wBll~ requirement of the industrial development. What the
residential property developer is proposing would be to just
gather an additional 2 foot appendage to the wall and to roof
over and for~ a carport. Mr. Annunziato advised that this is a
structure that would not be permitted in the site setback under
normal zoning circumstances. Because this is a PUD, Mrf Annunziato
said the Council can adjust the zoning to permit a particular
request. He thought this was a reasonable request, g~ven the fact
that the developer is going to be responsible for constructing a
a six foot wall under any circumstances.
- 24 -
MINUTES"- REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
AUGUST 17, 1982
Mr. Annunziato reported tha~ staff has recommended approval of the
zoning and master plan subject to some staff comments which came
to the Council and the response of those comments, which came in
the form of a letter from the developer's representative to Tim
Cannon, Assistant City Planner.
Concerning the Planning .and Zoning Board's action, Mr. Annunziato
informed the Council that public hearings were held on both the
annexation and the land use amendment and rezoning. In each
instance the Planning and Z~ning Board has recommended approval.
On the annexation motion, the Board brought to the Council's
attention that this request is consistent with'the Comprehensive
Plan's policies and noted that the developer'has stip~_lated to
the agreement in the Petition for Voluntary Annexation that the
Council received a copy of.
Concerning the Land Use Amendment and Rezoning, the Planning
and Zoning Board recommended that this-be approved subject to
staff comments, also noting the response from the applicant. In
this instance and in prior instances, Mr. Annunziato felt that
the developers have agreed to staff comments. The staff comments
are as follows:
Utilities Dept.
Planning Dept.
(Timothy P.
Cannon, Asst.
City Planner)
See Memorandum attached hereto and made a part
hereof, as page 26.
"Re: Master Plan, Cedar Ridge Estates P.U.D.
High Ridge Ccrauerce Park - P.I.D.
1. Need to show all existing utilities and easements on
and adjacent to tract.
2. Need documents showing unified control; agreements
with city for completion of development according to
plan and restrictive covenants with regard to same.
3. Need statement as to desirability of placing parking
garages with setback (30') along south boundary of
P.U~.
4.. Need ~ Statements of coordination with utilities."
Fire Dept.:
(William D.
Cavanaugh,
Fire Inspector)
"Re: High RidgeCo~rce Park
Water supply apprevedas shown.-
Fire hydrant location shall conform to City Subdivision
Or~n2~nce, Section .XVI.
Re: Cedar Ridge Estates
As shown, fire lin-s have too many dead ends. Consulta-
tionwithPerryCessna, Utilities Director, and this
office should alleviate this problem.
Fire hydrant location shall conform toCit~-~Subdivision
Ordinance, Section XVI."
Urban Forester:
See Memorandum attached hereto and made a part
hereof (Page 27). ~.
- 25 -
TO:
RE:
M~EM 0 RAN D UM
July 26, 1982
Mr. Carmen AnnunZiato, City Planner
Cedar Ridge Estates, P.U.D. and High Ridge Congress Pk.P.I.D.
Following are my comments:
1. The-water layout in the PUD 'is such that you have numerous
dead end lines which by consultation at. this office, 'with
~--~:'i- the engineer, could resolve these problems.
2. The sewerage-collection system with a gravity line running
approximately 800' in-between buildings and in gras~sed
and landscaped recreation areas will present a very serious
~-. maintenance problem for the City.
The reason being that to get sewer cleaning equipment into
this area, would be almost impossible unless there was an
actual road built through this area and I do not believe
the planners would consider such an intrusion on the open
area.
Again, this requires some discussion with the engineers to re-
solve the problems inherent in t~eir design.
We are returning the set of plans with this memo.
apt
Attachments:
"set of plans"
Perry A. Cessna,
Director of Ut~ities '
- 26 -
MEMORANDUM
Carmen Annun ziato
City Planner
Kevin Hallahan
Urban Forester
June 24, 1982
Point Manalapan property
I have inspected the tract of land designated above, ~-
making note of the area which was once a Mango orchard. The
Trees, planted at a fourteen foot (14') by fourteen foot (14')
spacing, are in healthy condition, but not producing any fruit
at this time. It appears that this orchard has n6~ been
managed for quite a few years.
In accordance with the Tree Preservation ordinance'
(~81-21) the developer should be aware of his responsibilities
in the following:
section 7-A-5: obtain a tree permit from the building
department,
.. section 7-A-7d: provide a tree survey of the Mango area,
section 7-A-12,13: work to remove as few trees as
possbible and replace all trees.which
"- have to be removed~'as part of the con-
struction of roads and structures.
If you have any.additional question~ or need more information,
let me know. I will'also work with the developer in preserving
the trees where possible.
KH;mpc - I Kevin Hallahan .
:' I ~rban Forester ·
MINUTES - REGULAR CITY COUNCIL MEETING
'BOYNTON BEACH, FLORIDA
AUGUST 17, 1982
Engineering Dept.
(Tc~ Clark,
City Engineer)
"Re: Master Plan Material, Cedar Ridge Estates P.U.D. and
High P~dge Cu~u~rce Park 'P. I. D.
I do not have any negative corm~nts concerning the subject
master plan.
~he cc~mitment for off-site road and traffic improvements
appears to be appropriate based on the traffic survey.
The drainage plans and calculations are comprehensive and
show that flooding situations have been adequately _-
addressed."
A'copy of the letter from Kenneth L. Groves, Point Manalapan,
dated August 3, 1982, addressed to Timothy P. Cannon,-~Assistant
City Planner, is attached hereto and made a part hereof as pages
29, 30 and 31.
Councilman deLong noticed in the letter from Kenneth L. Groves
to Mr. Cannon on page 3, paragraph 5, the last sentence: "We
recognize that this is not inconformancewiththeexistingCitycodes
concerning this item, but certainly solicit your favorableconsideration of
our request." He asked if there was any waiver that was to be given
by the City Council. Mr. Annunziato thought just the minutes
would reflect a positive action on the Council's part if the
Council were agreeable to do so. He said the Planned Unit
Development regulations provide for modifications, and he thought
that was a quote. Councilman de~ong asked if this was an action
that Council has taken. Mr. Annunziato replied, "Yes." That
was what Councilman deLong wanted to know.
Mayor Trauger asked if anyone in the audience wished to speak in
favor of the request.
Kenneth L. Groves, Vice President, Point Manalapan Development
Corporation, P. O. Box 3198, Lantana, F1Drida 33462 introduced
the President of Point Manalapan Development, William Benjamin.
He also introduced their Attorney, William J. Hyland, Jr. of the
law firm of Scott, Bur~ Royce & Harris P.A., 450 Royal Palm Way,
Palm Beach, Florida' 33~80. Mr. Groves said Attorney Hyland was
the author of some rather comprehensive documents that hopefully
will bind all of the successors in title to this property to
the representations they have been making. He did not want to
make a belabored presentation, as he thought Mr. Annunziato'had
done a sufficient job of that.
Mr. Groves point out that they have been working with Mr.
Annunziato'for the better part 'of five years in attempting to
find a transitional approach to the zoning problems which have
abutted their south property line for quite a number of years. He
thought they had solved that simply by using their own property as
the industrial buffer against their own property. He said they have
worked with the staff for a goodly number of months, and he thought
they arrived at a fairly Workable compromise for all parties
concerned and solicited the Council's support of it.
- 28-
· 8ox 3198
August 3, 1982
Mr. Timothy'P. Cannon
Assistant City P&anner
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33435
Re:
· Time ' -
Cedar Ridge Estates P.U.D. - High Ridge Commerce Park P.i.D.
Dear Tim:
In pursuance of your letter of-July 29, 1982, my letter ~o
you of the same date, and the discussions which took place
at a meeting of the Boynton Beach Technical Review Board
this.morning please qonsider the following items:
1. In regards to the remarks from the Fire Inspector and
the Director of Utilities, I believe each of their
concerns was fully addressed and resolved at the meeting
this morning by the modification of the water and sewer
plans to reflect the following changes:
a. A six inch water main will be installed to connect
the south leg of the multi-~amily water main to the
'eight inch water main presently shown as running through
the center of the P.I.D.
b. The north i%g Of the multi-family and single family
.water main shall be inCreased from six inches to eight
inches.
c. At the eastern most or second from the eastern most
cul-de-Sac an easement shall be provided to permit the
extension of the water main from the six inch leg to
the fire hydrant in the cul-de-sac north to connect
'with a future water main to be constructed by the
LAke Worth Christian High School.
d. The gravity sewage collection system which is presently
shown running through the eastern portion of the multi-
family area shall be modified such that man-holes shall
be accessible from the north and south parking areas,
linking a run not to ~xceed 400.' with suitably lined
ductile iron pipe together with a provision that we
shall agree'to hold the City of Boynton Beach harmless
, j-
Mr. Timothy P. Cannon
City of Boynton BeaCh
-2-
August 3, 1982
in regard to damage that may occur during routine
maintenance of the facilities.
2.'With regards to the comments by Kevin Hallahan, Urban
Forester, it appears to me that all his comments relate
to those provisions which are specifically included in
your ordinance 81-21, which I am-sure you are-aware is
your Tree Preservation Ordinance. As I am aware of the
existence of the ordinance and its appropriate regulations
it is certainly our intent to comply with the ordinance
at the appropriate time.
3. In regards to the discussion concerning the marking of
existing easements on the survey, as I indicated at the
meeting this morning our .principal problem stems from the
fact that the existence of a Florida Power and Light
Easement through the eastern 100 or so ~eet of the P.I.D.
is not specifically designated in terms of its exact
location in the easement document. Pursuant to the
discussion this morning we agreed to locate the structures
and facilities as laid out and in pl~.ce on the~survey to
facilitate identification as well as pursue our original
course of action which was and still is attempting to.
have. Florida Power and Light appropriately identify the
easement. 'I would hope to have this addition to the
survey made at the earliest practical date.
4. In regards to your request concerning agreements with the
City for completion of the development according to the
plan, restrictive covenants, and a Declaration of Condominium,
please be adVised that we are ~resently drawing up the
necessary documents including Deed Restrictions for the
single famil~residential area and. the planned-industrial
development, together.with a Declaration of Condominium for
the multi-fami.ly area all be tied 'together by a Property
Owners Agreement amongst the several parties.. I~ drafting
these documents we shall take cognizance of your request
that all development to take place within the bounds'of
the P.U.D. and the P.I.D. shall be in conformance to and
compliance with all appropriate dodes of the City of
BoyDton Beach, together with the terms and conditions as~
agreed to between us and the City of Boynton Beach limiting
the uses in both the P.U.D. and the P.I.D. As I indicated
we are hopeful 6f having these documents com~Ieted within ~
the next several days and will certainly for%;ard them onto you
as soon as they become available.
/3
- 30-
Mr. Timothy P. Canno~ August 3, 1982
~C~ty of Boynton Beach
5. In regards to the parking garages, it %s our feeling
that due to the requirement in the zoning code for a
separation wall between an industrial and residential
area, it seemed .appropriate. to get the greatest use out
of this particular structure which we possibly could.
As it is my understanding that parking would be permitted
within the 30' set-back area it seemed appropriate to
simply improve t~e parking area from uncovered par~ing
to covered parking by simply constructing a covered
facility utilizing the 6'.. buffering wall as a partial
foundational structure. We recognize that this is not
in conformance with the existing City codes concerning
this item, but certainly solicit your favorable consideration
of our request.
6. In regards to statements of coordination with utilities,
please be advised that we have forwarded our site plan
to Florida Power and Light, Southern Bell Telephone,
and .Group W Cable TV. Todate we hav~ not received any
word from those companies concerning their requirements
for easements but certainly intend to fully cooperate as
is appropriate in this matter.
I trust this adequately resbpnds to those items covered in
your letter of July 29, 1982 with its enclosures, my. response
letter to you, and the items discussed by the Technical
Review Board at this mornings meeting, but should you envision
any additional problems I would appreciate your contacting me
at your earliest convenience.
Sincerely yours,
Kenneth 'L. ~oves
cc: Donald M. shepherd
-Earle Megathlin
William J. Hyland
Winston Lee
KLG:grb
.- .31 -
MINUTES L REGULAR CITY COUNCIL MEETING '-'
BOYNTON BEACH, FLORIDA AUGUST 17~~ 1982
Vice Mayor Warnke asked Mr.!iGroves, "Why do you have a big sign up
there, '50 acres for sale'?" In all honesty, Mr. Groves replied
that quite some time ago when they entered what they considered the
real estate recession, they put signs on just about every piece of
property they owned. Frankly, Mr. Groves said he did not have the
opportunity to go back there and take the siqn down. Vice Mayor
Warnke wondered about it, because he saw the sign today.
Mayor Trauger asked if anyone else wished to speak in favor of the
request. There was no response. He asked if anyone in the audience
wished to Speak in opposition to the request.
Jane Forrester, 7648 High Ridge Road, Lantana, FloridA. 33462,
told the Council Members that this annexation and rezoning abuts
their property on the south and the east. Mrs. Forrester said
they were opposed to the annexation and rezoning of the property.
One of their primary concerns was the sand mining, Mrs. Forrester
informed the Council. They had previous experience with Point
Manalapan Development and Mr. Benjamin. Traffic impact is another
question that they have on their minds, Mrs. Forrester continued.
Already, High Ridge Road is overloaded.
Another question Mrs. Forrester wanted to know. She stated that the
property was for sale as of 11:30 this morning. After the annexa-
tion and rezoning (although the beautiful plan that was presented
to them is lovely, it is just a plan), Mrs. Forrester asked what
the property can be used for after the rezoning to PUD.
City Attorney Vance answered that because of the type of zoning
that is requested (PUD zoning and PID zoning), without additional
Council action, they can only build.what is approved. He said they
cannot significantly change what is approved, if it is appr6ved as
a PID and a PUD. ~. ~
What Mrs. Forrester was saying is their plan under PUD is beautiful
but what else is possible to go there. She asked if they can
build a condominium and.~f they have to put in single family
housing. On the area that is indicated as single family housing,
City Attorney Vance told Mrs. Forrester, "Yes, that is required to
stay single family housing unless there is a subsequent rezoning."
Regarding the sand mining because their property is in very 'close
proximity to their property, Mrs. Forrester reiterated that they
have had pre~ious experience with them in the sand mining. She
said the Plahning and Zoning Board told the property owners that
the applicant could not haul sand off of this property, that it
could be moved around in keeping with the existing othe~ land areas.
Mrs. Forrester informed the Council that the other land areas have
been very flattened. Her home is the only home that will remain on
a hill. This was a primary concern to Mrs. Forrester. She asked,
"What's going to happen when that land around me is flattened and
my house starts falling down? Who is responsible?"
MINUTES'' REGULAR CITY COUNCIL MEETING
~BOYNTON BEACH, FLORIDA
AUGUST 17, 1982
.Mr. Annunziato commented that Mrs. Forrester was absolutely correct.
No sand can leave the site as a result of the City's Excavation
and Fill Ordinance. The only time materials can leave the site is
"when it is physically necessary to develop the land," Mr. Annunziato
advised. He added that has been interpreted to mean that where you
have some very detrimental and adverse conditions adjacent to your
site, where you have no opportunity to level it or to move that
material on site, but where you have material such'as, muck that you
have to~r~mDve in order to develop, the site. Mr. Annunziato said--
there is one potential problem with respect to this site. To the
north of the site, the Lake Worth Christain School has excavated to
a depth of approximately ten feet below the leading edge of the
Point Manalapan property. He said it was at quite a steep angle.
Mr. Annunziato did not know if either of the Members had an oppor-
tunity to visit it, but he said it seems that the roofs of the Lake
Worth Christian School are at a balance of grade on the hill in
Point Manalapan's property. He did not think there was any ques-
tion that there is going to have to be some adjustment in land on
the northern property line in order to develop these single family
lots. Mr. Annunziato advised that it does not mean that the
applicant is going to be permitted to remove the entire dune and
pull it southward.
Concerning the particular problem~ that Mrs. Forrester mentioned,
Mr. Annunziato was glad that she brought it to the attention of the
staff. In connection with their preliminary plat documents where
proposed grades will have to be submitted, this is something that
the staff would have to be cognizant of, Mr. Annunziato advised,
that any land changes proposed not adversely affect the
Forresters.
City Manager Cheney asked Mr. 'Cannon to point out where the
Forresters live. Mr. Annunziato indicated what· he believed was
the property owned by Mr. and Mrs. Forre~ter. He said it was in
the N. W. corner and forms an out parcel. .Vice Mayor Warnke
asked if there were tw~~ homes in there. Mrs. Forrester answered
that there is just one." .Mr. Annunziato said the school is
directly to the north. He showed the leading edge that he just
mentioned, which is somewhat steep. Mr~ Annunziato said it was
steep as a result of the mining activity of the Lake Worth
Christian School at some time in the past. As he mentioned, Mr.
Annunziato told Mrs. Forrester there will be some adjustments of
land at the northern property line.
City Manager Cheney added that Mr. Annunziato was suggesting
that the plan to do that adjustment will have to be adj~sted to take
into consideration the school, which already has lowered itself.
It would also be adjusted to take into consideration Mrs.
Forrester's property, which has not lowered itself, Mr. Cheney
further said. Mr. Annunziato remarked, "There's no question of
that. - That' s absolutely true." ~.
Mrs. Forrester hoped the Council would give it thought.
- 33 -
~INUTES~- REGULAR CITY COUNCIL MEETING
~ BOYNTON BEACH, FLORIDA
AUGUST 17, 1982
Mayor Trauger asked if anyone else wished to speak in opposition to
the request.
Mr. John P. Hess, Jr., 7075 High Ridge Road, Lantana, Florida 33462
requested Mr. Annunziato to put up the site plan again. Mr. Hess
spoke for the Greater South High Ridge Property Owners Association.
Mr. Hess informed the Council that he ha~ lived on this road for
twelve years, along with 70 other residents. --
Mr. Hess thOught possibly Councilman deLong would be familiar with
the history of this situation. Councilman deLong sat on the City
Council back in 1972 when this thing was brought up ah~ they were
subject to a real problem. Mr. Hess asked Mr. 'Annunziato to put
on the large plan. Back prior to 1972, and prior to the prob%em
which they now face again, and also prior to the time that Mr.
Benjamin purchased his property, Mr. Hess advised that it was ~all
residential (the whole area and the whole road, including what is
now the industrial park to the south of Hypoluxo Road). Mr. Hess
continued by saying that Mr. Benjamin bought his property at that
time, fully 'cognizant of the idea that it was going to be
developed as residential thoroughly and completely~
Unfortunately, back in 1972, Mr. Hess said the City rezoned and
simultaneously at the same time ~nnexed the property and built
the industrial park. Mr. Hess pointed out that the City has been
subject to a real problem, not only from his group but also the
City's own health, safety, and police protection, which has been
.a terrible problem for the City. He said Point Manalapan and Mr.
Benjamin agreed to pay 'for and build a road to the south which
will give the City access to that mistake, that misjudgment, that
occurrance which hurt us all~ Mr.. Hess pointed out that would
solve the City's problem.
Also, Mr. Hess called attention to the fact that Mr. Benjamin
asked for an additiona~ portion of land to be also annexed again
in an indUstrial PID pl.an, which would be subject to the normal
regulations under PiD. Mr, Hess continued by saying that Mr.
Benjamin has developed this thing on 20 different parcels, one
acre apiece, and .under that PID subject to 17,000 square footage
of industrial property per parcel times 20 gives 340,000 square
feet of industrial development which is, as he said before the
Planning Board, 1/3 the size of the Palm Beach Mall. This also,
under PID, would under ruling be subject to 35 parking places
per unit or ~er parcel which is again 700 parking places, Mr.
Hess advised.
Mr. Hess said they were not too terribly threatned by this, but
the continuation of High Ridge Road to the south to 22nd ~venUe
and. the development of Motorola to the south and west makes it
become an automatic short cut and an automatic disaster for them.
- 34 -
~4INUTES .-~REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
AUGUST'17~ 1982
Mr. Hess informed the Council that he has three children at Lake
Worth Christian School, whidh borders this question as far as
annexation. He noted that Mr. Annunziato mentioned the fact that
grading had to be done and was done and questioned the situation
as far as grading and leveling the property on Mrs. Forrester's
question of the problem. Mr. Hess advised that this was done
mainly to tier off this area and develop this area so that each
level could be used for recreatiOn - as a basketball court, a
soccer field, and a baseball field. Mrs-Hess informed the Council
that it was just a hill before.
Mr. Hess said the Greater South High Ridge Propety Owners Associa-
tion would like the Council to really thoroughly and m~rally
question in their own-minds as they, again, are damaging them.
Mr. Hess said they invested all of their lives, all of their money,
and all of their property and all of their children's futures in
all of their homes that were residential properties on a resiL
dential road. They were told at the time they bought that this
would be a residential community and even if there was an extension,
it would be a residential extension. Mr. Hess said this was done
prior to ~he. great bible of the County Use Program.
Mr. Hess recalled that it was back in 1972 that it was agreed that
the hiatus would be established to protect them from this
industrial development that occurred by the City. It was agreed
to again in June of this year, M~. Hess continued, that the
hiatus would be definitely reestablished and definitely be re~
enforced. It would be blocked off.
Mr. Hess informed the Council that he mentioned to Mr. Groves and
he brought it up to Hhe Planning Board again a solution to the
City's problem, Mr. Groves' problem, and their problem. Mr. Hess
said. Mr. Groves "poked holes in it". Mr. Hess suggested that Mr.
Groves go ahead and develop his property. He said the property i-
owners ~would "bless" Mr. Groves'-situation as far ~as rezoning if
he would agree to taking his industrial portion and having all
access (for fire and p~lice protectiOn~and also health protection)
down the south entrance~ which he is paying for, to 22nd Avenue.
He said it is an automat±~ short cut to, certainly, Mr. Groves'
property and certainly to the industrial park.
Mr. Hess also asked if Mr. Groves would agree to possibly taking
his residential area and having iH go ahead and take the course
north or south, which he could do. It would be a little difficult,
but Mr. Hess~said Mr. Groves could protect all of the property
owners and h~ could protect himself. It would solve the City's
problem, their problem, and Mr. Groves' problem, Mr. Hess
repeated. ~
Mr. Hess asked the Council Members to look over the problems
which were created by their predecessors, look over the possibility
of solving the thing morally and properly, and come to a decision
that would be proper for all.
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
AUGUST 17, 1982
Councilman deLong wished t6 make a correction. He advised that the
year was 1973 and not 1972 as Mr. Hess said. Councilman deLong
admitted that he was involved in the "war" out there, and that
concerned the construction of the Lehigh Cement Ready Mix Plant.
Councilman deLong advised that the City definitely in the County
hearing supported the people's'interest in High Ridge Road. He
reiterated that it was 1973, because that was when he came aboard.
Kenneth L. Groves, Vice President, Point Manalapan Development
Cprporation, wanted to.address a few remarks that Mr. Hess had
made. As Mr. Groves saw it, there were two particular problems
Mr. Hess cared to discuss. One was the excavation question, and
the other is the situation of traffic and the hiatus on High
Ridge Road.
Mr. Groves first addressed the excavation question. He thought the
City was well aware that it passed a comprehensive "mining', law
which for the most part precludes the removal of fill from a
particular site unless that removal is absolutely necessary for
the development of that piece of property.. Mr. Groves stated
that they have conceded in front of the Planning Board that that
is not the case. Mr. Groves said he indicated in front of the
Planning Board that the only particular excavation which they
would be addressing would be simply the severe elevation change
abutting the Lake Worth Christian School, and their sole purpose in
attempting any modification of that grade is simply to remove an
existing hazard. - -
Mr. Groves advised that he discussed this in great detail With
Carmen Annunziato, City Planner, and he thought they understood
each other and understand the City's position. Mr. Groves said
they recognize Mr. and Mrs. Forrester's concerns and are
certainly not going to put the Forreste~s into a situation where
they mfght have serious erosion problems in the future. He
continued by saying th~ grading problem which exists along their
north border does not really become severe until several hundred
feet beyond the Fo~rester's property borderS so, frankly, Mr.
Groves said they are not intent in bringing on'bringing in a bunch
of heavy machines that will cost $70 or $80 an hour just for the
fun of it. Frankly, Mr. Hess advised, they would likely leave
all of the property abutting the Forresters alone since they
really do not have the grade problem there.
The second ~int which Mr. Groves thought was the most volatile
to the whole issue was the subject of High Ridge Road and whether
or not High Ridge Road should be a public right-of-way-from 22nd
Avenue to Hypoluxo Road, which Mr. Groves said they felt should
be. He thought it was addressed in the County Comprehensive Land
Use Plan. Mr. Groves expressed that they thought that the
County's move originally to enforce a hiatus approximately at
Miner Road is ill-conceived and illegal..Frankly, Mr. Groves
advised that they intend to pursue it along those lines.
- 36 -
~MINUTES.- REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
AUGUST 17, 1982
Mr. Groves further called ~tten~ion to the fact that the City has
Urban Services, which they think are necessary and appropriate for
the type of development they care to create and, as such, it should
be to the benefit of both the City and to their firm to have this
piece of property annexed into the City of Boynton Beach.
Mr. Groves referred to Mr. Hess' "simple" solution toward allowing
their industrial to exit to the south on. the new extension to
High Ridge Road and allow the residential to exit to the north.
He said it does.not address the problem that is principle (fir~
and police problem) that he presumed the City has had during the
p~st several years in having to drive all the way up Seacrest
.Boulevard to Hypoluxo Road and all the way down High ~idge Road to
get there. By exi~ing~their traffic and placing a hiatus there,
which would preclude the City from entering ~heir property from
the south, ~r_, Gro~es did not think they would solve anything.
They would just simply move the problem a little bit further north.
As such, Mr. Groves advised that they did not find that as an
appropriate solution.
Mr. Groves thought the County, prior to the High Ridge people
going and "banging on their doors" addressed High Ridge Road as
being a collector which was supposed to accommodate approximately
15,000 vehicular trips per day. With the inclusion of all of their
development and all of the development to the South of them, Mr.
Groves informed the Council that~the total vehicular trips per day,
as represented in their traffic impact statement, is approxi-
mately 5,0001 which is considerably less than the capacity of the
road.
Mr. Groves said they were. sympathetic tO'Mr. Hess' concerns
concerning his children traveling up and down High Ridge Road but
he thought, in all honestY, they were talking aboUt a road which
has quite a bit more capacity than they ~ere attempting to use
and, as' such, Mr. Groves' thought Mr. Hess' concerns were a'li%tle
unfOunded.
Mr. Groves continued by~-saying they certainly have attempted in
every way, shape and form to cooperate with the High Ridge people
with the exception of going along with the hiatus which they,
frankly, think is illegal and they will fight as long as it
continues to exist. As far as the question is-concerned, Mr.
Groves said they are intent on the .annexation and the rezoning
within the City limits. If they care to put a hiatus up there,
(by this, he. meant the County who, at the June 29th meeting did
~ote to reconsider their motion to have a hiatus), .as far as
their annexation and rezoning is concerned, Mr. Groves reiterated
that they are intent on proceeding with it whether ther~ is a
hiatus there or not. Once that question is resolved, Mr. Groves
said it creates additional traffic problems which they have
addressed in their traffic impact statement. Mr. Groves advised
they are prepared to go with it whichever way it goes.
Mr. Groves solicited the support of the Council.
MI~UTES- REGULAR CITY COUNCIL MEETING
~BOYNTON BEACH, FLORIDA
AUGUST li~, 1982
Mayor Trauger asked if anyone else wished to speak in opposition to
the request.
Lillian Ripley, 7731 High Ridge Road, Lantana, Florida 33462, lives
directly opposite this land on .Lots 33, 34 and 35. When Mr.
Benjamin took the sand out of the southern part of that parcel of
landr Mrs. Ripley said he never did a cover on it or anything.
Ali Mrs. Ripley got was a lot of dirt in ther home. Now, Mrs.
Ripley said, they cannot see 1-95; they C%n see the lot; but if the
hill comes down,'they will get the railroad track and i-95. Mrs.
Ripley asked, "What's going to happen to the Side of the road I
live on if Boynton annexes High Ridge Road up Go the end of-that
property? What's going to happen to the side of the Hoad that I
live on?" Mayor Trauger informed Mrs. Ripley that 'she would still
be in the County. Mrs. Ripley exclaimed, "It will be in the
County! Half of the road will be in Boynton Beach, and half in
the County?" Mayor Trauger asked City Attorney Vance to comment.
City Attorney Vance was not quite sure where Mrs. Ripley lives.
Mrs. Ripley advised that she lived on Lots 33, 34 and 35, close to
Mr.. and Mrs..Forrester. Mr. Annunziato indicated where she lived
on the plan and said the Proposal, for all practical purposes,
requires that all of High Ridge Road be dedicated to the City of
Boynton Beach or become a City right-of-way for police and other
purposes. Mayor Trauger was under the impression that across the
street, where Mrs. Ripley lives,~would still be County. Mr.
Annunziato thought Mrs. Ripley was asking what physically happens
to the rightTof-way. Mrs. Ripley disagreed, and repeated, "What
happens to High Ridge Road, on the side of the road that I am
going to live on? I have lived there 30 years."
Mr. Annunziato advised Mrs. Ripley that the private property
remains unincorporated. The request is to have the public .right-
of-way which is currently public become a City right-of-way as
opposed to a County right-of-way. Mrs. ~ipley questioned, "On
the west side of the street?" Mr. Annunziato replied, "On the
west side of the centex line to your property line." Mrs. Ripley
asked if Boynton will annex it. Mr. Annunziato explained that
this has nothing to do with annexation of private property west of
the right-of,way line. It has only to do with the right-of-way
of the road. Mrs. Ripley knew that it was not her property but
the right-of-way.
City Manager Cheney explained that the right-of-way would be in
the City, an~ Mrs. Ripley's property will be in the County.
The whole road right-of-way will be in the City, City Manager
-Cheney told Mrs. Ripley. Mrs. Ripley asked 'about her mail. City
Manager Cheney advised that the post office does what i~ wants
concerning mail, and.it had nothing to do with this. He went into
further detail about the mail. Mrs. Ripley determined that all of
High Ridge Road from the Forrester's property down will be in the
City of Boynton Beach if it is annexed. ~
THE PUBLIC HEARING WAS CLOSED.
- 38 -
~INUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
AUGUST 17, 1982
Vice Mayor Warnke referred to the memorandum from Kevin Hallahan,
Urban Forester, where it said there was a mango orchard. He read:
"~he trees, planted at a-fourteen foot (14') by fourteen foot (14')
spacing, are in healthy condition, but not producing any fruit at
this tin~. It appears that this orchard has not been managed for
quite a few years."
Vice Mayor Warnke advised that at the present time, mangos are not
producing fruit and are not blossoming so-they look dormant. Also
under the memorandum, Vice Mayor Warnke noted that the developer
s~all provide a tree survey of the mango area, work to remove as
few trees as possible, and replace all trees which have to be
removed as part of the construction of roads and structures.
At the present time, Vice Mayor Warnke said there are approximately
350 mango trees in that area, and they are about 50 years old.
Under the mangos, Vice Mayor Warnke observed that there are
approximately one million beautiful ferns. South of the mangrove
orchard, there are approximately 50 tall pine trees, Vice Mayor
Warnke informed the council.
Under the staff recommendation of the City Forester to replace
all trees which have to be removed, it was Vice Mayor Warnke's
opinion that this was impossible to. comply with and until the
developer could come up with a t~ee survey showing how he is going
to work around these trees and replace all of those that have to
be removed and replaced etc., he wished to table this application
until such time as the Council is presented with a tree plan that
is acceptable. ~.
Carmen Annunziato, City Planner, had a suggestion, knowing the
intent of Vice Mayor Warnke's comments. Mr. Annunziato advised
that this approval procedure is long an~.~varied, and he suggested'~
that the applicant provide this material tO the City Council in
connection with continued approval Of the plan. ..
Vice Mayor Warnke calle'd Mayor Trauger's 'attention to the fact
that he made a motion to table this and until there is a second,
there should be no discussion. Mayor Trauger was unaware of a
motion to table. Vice Mayor Warnke informed him that he juSt made
a motion to table.
Councilman Wright noted that the developer said they would try to
comply with ~those recommendations. Councilmember Woolley noted
there was a statement. She said they did reply to that, and they
said they intended to comply with the ordinance at the apDropriate
time. ~ -
Mr. Groves knew the public hearing was closed and did not want to
break parlimentary rules but in taking note of the urban Forester's
comments, he believed the City's Tree Ordinance recognizes that in
some instances it is impossible to relocate existing trees, for
instance, these trees.
"~ ~' - 39 -
~INUTES ' REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
AUGUST 17, 1982
Although they were in sympathy with not having to tear the trees
down, Mr. Groves said when they go in to put the rights-of-ways
through those particular sections, they will have to take down some
of the trees. He believed the ordinance provides for an alternative
solution to moving the existing trees, that being if for some
reason you cannot replant the ones you are moving, that those trees
can be replaced number for number by new trees placed at more suit-
able locations within the site. As Mr..Groves indicated in his
comments and in his discussions with Mr. Annunziato, that was their
intent on how to comply with that aspect of the Urban Forester's
comments.
In Vice Mayor Warnke's personal opinion, it is impossi-ble.
Councilman deLong referred to a development going on in the City
at the present time where, on two different occasions, they have
violated what they were supposed to live up to. He believed that
was what Vice Mayor Warnke was concerned with, and rightfully so.
Mr. deLong could understand why Vice Mayor Warnke feels the way he
does but said, "We can't hang the son for the sins of the father."
Mayor Trauger agreed.
Vice Mayor Warnke reiterated that it is impossible to comply with
the staff's recommendation. Councilman deLong said the applicant
understands that if a tree is there, and you want to put a house
there, you can't put the tree back. City Manager Cheney pointed
out that ultimately the-Council ~ill have a site plan in detail· as
~to what is going to happen there.
Councilman deLong suggested they wait until the appliCant goes
before the Community Appearance Board, who is the Board that works
on this, and they have to sign off what they do ~ot want to do,
and they would have to follow it up. Councilman deLong could not
see holding up this'whole operation just because of the trees.
Vice Mayor Warnke withdrew his'motion.
Councilman deLong move~ to approve the request for annexation and
rezoning as unanimously"recommended by the Planning and Zoning
Board and to instruct the City Attorney to prepare documents as
follows:
1. An Ordinance amending the Future Land Use Element of
the Comprehensive Plan.
2. An Ordinance annexing the applicant's property.
3. An Ordinance rezoning the applicant's property.
4. A Resolution to be forwarded to the County Commission,
requesting concurrence with'~.the annexation. ~
CounCilman Wright seconded the motion
Tereesa Padgett, City Clerk, took a roll call vote on the motion, at
the request of Mayor Trauger, as follows: ~
- 40 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
AUGUST 17, 1982
Councilmember Woolley
Councilman Wright
Councilman deLong
Mayor Trauger
Vice Mayor Warnke
Aye
Aye
Aye
Aye
Nay
Motion carried 4-1, with Vice Mayor warnke voting against the
motion. .-
Councilman Wright moved, seconded by Councilmember Woolley, to
revert to the regular order of business.
Mayor Trauger introduced CoUncilman Charles Potter of the Town
of Lantana. He welcomed him to the City of Boynton Beach. Mayor
Trauger also introduced Rev. Charles Brannon of the First Baptist
Church of Boynton Beach, Mayor Trauger informed Rev. Brannon that
Councilman Wright already gave the invocation. Rev. Brannon read a
passage 0f Scripture and led inprayer. He explained for his lateness.
THERE WAS A FIVE MINUTE RECESS.
The meeting reconvened at 9:32 P. M.
CONSENT AGENDA: Matters in this~Section of the Agenda are proposed
by the City Manager for "Consent Agenda" Approval, with all of the
accompanying-material'to become a part of the Public Record
City Manager Cheney advised that items B (SWale Construction for
Drainage Improvements and/or'Swale Sodding for North Ocean Parkway
Area - Engineering - Approve 2nd Bidder) and D (Annual Petroleum
Fuel Requirement - Public Works) needed to be removed. Councilman
deLong thought someone was present on the Annual Petroleum Fuel
Requirement and asked if they would entertain'this gentleman.
City Manager Cheney replied that they woUld have to.
Al Pence Park Irrigati6n System - Recreation
The Tabulation Committee recommended awarding the bid to Jack
Kouns Co., Inc., West Palm Beach, Florida, in the amount of
$6,850.80.
C. West Cemetery Fence - Rear of Mausoleum
It was the recommendation of the Tabulation Committee to award the
bid to Bill Overton/Budget Fence, West Palm Beach, FlorSda, in the
sum of $3,930.60.
Ee
Request Authorization for use of 2 construction trailers -
Woolbright Corporate Center - 1901 South Congress'Avenue
right--of-way ,of High Ridge
-- . EXHIBIT ',,~,, "-- RID. DESCRIPTiON
'CO~-~MENCING at- the -Southwest corner of Section - 9,. Township 45
Sdut!.~, Range 43 East7 thence run North' 88°41'51" East, a distance o£
-25.0k £ect to a point on khe easterly right-of-way of high Ridge Road
and the POINT OF BEGI~INING; thehce run North along said East right-of-
way of High Ridge Road, a d~staDce' of 822.71 feet; thence run 'North
88o41'51" East, a distance of 1424.83 feet; thence run South 0'1°12'2~''
East, a dlstance o[ 822.50 feet to a point on the-South line of th~-
aforementioned Section 9, Townkhip 45 South, Range_.43 East; thence r,in
South 88o41,51" West a~ong said South line of Section-9, a distance o!
]442.16 feet to the POINT OF BEGINNING.
~-'- includinq .1 79 Acres for th,"
CONTAINING 27.07 AcreF~;' more' or less, . '
!,r.31~,.):;.3~l ri,jht-of-vway of ?.lin;:l- Road .and 0.28 Acres. /or additional
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
AUGUST 10, 1982
(4) LAND USE AMENDMENT AND REZONiING
Applicant:. William E. Benjamin, II & Point Manalapan
Development Corp.
Request: Amendment to Future Land Use Plan to show property
as Low Density Residential and Request for Zoning
property PUD with a Land Use Intensity of 5.00
Proposed Use: Multi-family and Single Family Residential &
Recreational Facilities
Request: Amendment to FUture Land Use Plan to show proper~
as Industrial and Request for zoning property to
PID (Planned Industrial Development)
ProPosed Use: Industrial
Location: Between High Ridge~Rd. & Interstate 95, approxi-
mately One mile South of Hypoluxo Road
Legal
Description: Acreage, Land in Section 9, Township 45 South,
Range 43 East
Concerning the current land use and zoning surrounding these
proposals, Mr. Carmen Annunziato, City Planner, reminded the
Members of the Board that they were addressing the zoning of these
proposals in one public hearing. He said the proposals are to
zone the southern 25 acres into a Planned Industrial Development.
Those Members who were familiar with the PID (Planned Industrial
Development) zoning regulations would know that this is a high
grade industrial zoning classification providing for Council
approval of all uses, providing for the green belts, providing
for associations to maintain properties, providing for controlled
access, andproviding for development consistent with the subdivision
regulations, Mr. Annunziato advised.
Mr. Annunziato continued by saying the northern 45,4 acres
plus ox minus is proposed to be developed into a Planned Uni~
Development with a land density not to exceed 4.8 in its' per acre
gross. This combination of planned industrial districts has been
determined to be consistent, at staff level, with the ~Paim Beach
County Comprehensive Plan in that they have a zoning category for
mixed industrial and residential uses under one zoning classifi-
cation, Mr~ Annunziato informed the Board, but in concept (and
staff has letters in reference to this. concept), Mr. Annunziato
said it was similar with Palm Beach County's zoning classification
of PID. Therefore, he said it can be annexed and zoned at this
time. Of course, Mr. ~Annunziato pointed out, this is the ultimate
decision of the County Commission to determine consiStency of the
Comprehensive Plan.
The proposal for ~he PUD (Planned 'Unit Development) provides for
the development of approximately 200 units, with approximately 150
multi-family and the remainder being single family detached units,
Mr. Annunziato continued. The multi-family would act as a land
use buffer between the Planned Industrial Development and the · 'i:-":.:.-ii'~-.
MINUTES'- PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
AUGUST_10, 1982'
for a land use buffer between the straight M-1 zoning category to
the south and the existing~ RS single.family zoned property to the
north.
By having planned districts, Mr. Annunziato said the a
able to provide
controls to af
high!grade indu
Mr. Annunziato referred to
his memorandum
Zoning" and
zoning is RS, and t
to the north; to the east
County, and the zoning is: not
ant was
sufficient
· zoning to
gle~family zoning.
the Members in
CurreNt Land Use ~and
Beach County, the
the.Lake WOrth ChristianSchool
.n~almiBeach
they are talk-
lng aboUt Airline Railroad.
To the: south, Mr. Annunziato told the Members the jurisdiction is
Boynton Beach. The zoning is M-I~ and there are three uses:
(1) Rollyson Warehouse, which technologies; (2)
Florida Pneumatic, and (3) Vacant property. To the
southwest, Mr. Annunziato said the is Palm Beach
County; the zoning is RS, and ~e is vacant and un-
developed. To the west the jurisdiction is Palm Beach County; the
zoning is RS, and the Land Use i~ e single family. To the
northwest, the jurisdiction is County; the zoning is RS,
and the Land Use is single family detached, Mr. Annunziato informed
the BOard.
'As to the Future Land Use and Zoning, Mr. Annunziato told Members
of the Board that High Ridge Road is an area in transition so far
as development is concerned. There are many items which cause an
area to change, but the primary causes of change in the High Ridge
Road corridor are first the.availability of sewer and water. As
Mr. Annunziato mentioned previously, there is a 16 inch water main
~long the entire ~southern'boundaries of the property and a ten
inch force main which crosses Hie Road at Miner 'Road, and
that force main will.serve the from Hypoluxo.Road
south almost to N. W~'~ 22nd Avenue. There will.be a pumping station
and force main to tie.into that system, Mr. AnnUnziato advised, to
the prOposed extension o'f High Ridge Road southward.to N, W. 22nd
Avenue which'this Planning~and ZonihgiBoard has.already required
of the developer, and the industrialization bf %he~rr0unding
area,~not only to the South but ~ls0 t~'~M0t~rola.. ~. %
Mr. Annunziato further told the Board that the Point Manalapan
tract lies approximatel~ an equal distance between N. W. 22nd Avenue
and Hypoluxo Road on the east side of High Ridqe, and as proposed
will form the land use break point wherein ind~strialization will
be limited from expanding northward. As he mentioned, Mr,
Annunziato said the purpose of the requested zoning categories
(PUD and PID) is to provide on-site, sUfficient la~d' use controls
via planned districts to insure that the residential property to
the north is carefully and adequately buffered. As he mentioned,
Mr. Annunziato said this has be~n found by the County Staff to b~
MINUTES - PLANNING AND ZONING. BOARD
BOYNTON BEACH, FLORIDA
AUGUST i0, 1982
consistent with the Comprehensive Plan
With respect to· all of the remaining land in the~area, 'the Palm
Beach County Comprehensive Land Use Classification is Low to
Medium Residential, which permits a density range of 3 to 8 dwell-
ing units per acre. This was the point Mr. Annunziato was trying
to make earlier. He said there is -a potential for redevelopment
of the High Ridge ~Road corridor, even in the Palm Beach County
jurisdictions. Now that sewer and water is available, Mr.
Annunziato commented that there is a fair chance that those
properties will begin to redevelop at higher densities.
Based on the information provided, the land use classifications
of Industrial and Low Density Residential are appropriate, and
the zoning classifiCations of Planned Industrial Development (PID)
-and Planned Unit Development (PUD)'with Land Use Intensity of 5
are recommended~ Mr. Annunziato told the Members of the Board.
Concerning the Master Plans themselves, Mr. Annunziato asked the
Members to note that there is one entrance to the Planned Industrial
Development, that being off High Ridge Road. He said it would be a
standard 60 .foot street, 24 feet of pavement because of its
industrial use, with a 100 foot cul-de-sac. Mr. Annunziato
continued by saying drainage will be provided for both developments
in a combined retention area. It will be a dry retention area,
'owing to the elevation of the properties, ~ It is located rou. ghly
to the center and at the-eastern border of the properties. Mr.
Annunziat6 said there is a cluster of multi-family units with
recreational amenities lYing between the PID and the single family
subdivisiOn area to the north.
Mr. Annunziato informed the Members that the applicant has met the
subdivision regulation requirements for receiving one-half credit
for recreation and parks dedication purposes. The remainder will
have to be turned into dollars in connection with the subdivision
regulation based on the appraisal at the time of the preliminary
plat.
Mr. Annunziato said the single 'family subdivision is a straight
single family, subdivision with 60 foot rights-of-way with four or
five cul-de-sacs serving fingers off the main road. He said the
project will be served with municipal sewer and water. The .roads
are proposed to be dedicated to the City of Boynton Beach. As he
mentioned, Mr. Annunziato said drainage on site will be to a dry
retention area which, in times of severe rain, will carry water
but only for~a limited period of time.
Mr. Annunziato added that Point Manalapan owns no more property
in thiS area. He said the appendage which extends to the'north is
proposed to be constructed as a jogging trail; it really Could not
be developed for aDything other than a use Qf that nature.
Mr. Annunziato spoke about the requirements for traffic impact.
If this were to be zoned in Palm Beach County, he said they would
MINUTES'-'PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
AUGUST 10, 1R82
be subject to the County comprehensiwe Plan traffic impact require-
ments. 'The traffic sta{emen~s show 'that this applicant would have
to construct High Ridge Road south similar t° S~uth 'Palm Beach
ent]
and
B,
applicant ~ as
Mr. Linkous~asked if ~
replied
adjacent to
Ridge Road.
be a:
for
Road ~ ~ ~. ~22nd
of Boynton Beach will be serve
advised. Of cou~sie; he added
internal roads.
~wo uld Mr. Annunziat o
will
City
Going from N. W. 22nd Avenue Norhh to the northernmost boundary,
as it would be contiguous to Mr, Forre Linkous
asked if it would, not be the wider
stood the question (WoUld the ri~
N. W. 22nd to the northern limits),
Annunziato advised, that:from N. W.
fOr
a 24 foot paved roadway and an 8 foot
north to the northern limit of this
half of High Ridge~Road would be de,
right-of-way dedication of 15 feet to
40 feet as a collector.. As he menti
that there will be turn lanes that wi]
tion with the development..._~. .
.path
lnder-
from this
s". Mr.
the proposal
ion line
with
stern
.on of
ed
in connec-
Without belaboring ~xac'tly what was done, Mr. Kenneth~:Groves,
Point~ManalaP~nDevelopment Corporation, thought everYone ~as aware
from th~_m~ny comments that there has been an existing industrial
corridor which commences at about N. ~W. 2nd Avenue west of the
Seaboard Coastline Railroad in the City of Boynton Beach. It
presently-extends all the way to Miner Road, where Miner Road would
be constructed west of 1-95.
Mr. Groves referred to the comments by Mr. Hess concerning the
annexation and rezoning several years ago, Mr. Groves said the
problem that Mr. Hess was referring to sits very close to the
applicant's door step. Mr. Groves inf~ ne that ~thei~ sole
intent in developing the property is to reasonable
transition from the existing industrial develo to the south
them through the residential area to the north of them. Of
course, Mr. Groves'isaid the area to the south'of them is a manu-
facturing district, and it allows for heights up to 45 feet.~ The
Planned Industrial District that they are proposing would have~nO
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
AUGUST 10, 1982~
such manufacturing permitted, Mr. Groves told everyone, and they
would restrict building heights to a maximum of 25 feet, which is
approximately that of a two story house. Mr. Groves said the
entire Planned Industrial Park would be buffered pursuant to the
Planned Industrial Development regulations where it abuts the
residential area for a residential street with a 40 foot green'belt
which, in essence, would enclose the visibility of the industrial
park within the park i~self, so it would permit no visual
deterioration from any~residential area. ~.
Specifically, with the uses which they are going to incorporate
and with regard to the subject of traffic which Mr. Groves wanted
to get into detail with, Mr. Groves advised that they--have.been
attempting to cooperate with the people from High Ridge Road for
some time now concerning restricting the industrial type of
traffic traveling north on High Ridge Road to Hypoluxo Road. He
said they have been attempting to do that directly with them,
indirectly with them through the County, and they certainly will
continue doing that regardless of some of the points that they
are raising tonight.
As they continue along through the Planned Unit Development (PUD),
or if it is the PID, Mr. Groves thought it was simply a continuation
of the transition zone where they go from a multi-family area,
where they have a considerable amount of open space (they have a
large parking area which abuts the green belt of the Industrial
Park), the sole purpose of which is simply to get them from the
industrial and manufacturing district to the single family uses
to the north of the-property. After the multi-family area, Mr.
Groves said you go into a single family area which then abuts the
Lake Worth Christian School, and the development basically.becomes
then consistent with the uses of'High Ridge Road.
Mr. Groves noted that they indicated the predominance of develop-
ment on High Ridge Road is acre lots and, to a degree, on the west
side of the street that is very true. However, Mr. Groves said
there are quite a few~'~ockets where the density is likely to be
considered in excess of that, particularly ~on the east side of the
street where development has not. occurred yet. Mr. Groves
commented that there was a gentleman in the audience who may care
to say something one way or the other, who owns one of those
pieces of property. In his conversations with him, Mr. Groves did
not think the man has ever contemplated developing his property
into an acre lot subdivision.
On the subject of traffic, Mr. Groves thouqht everyone was aware
there is an existing problem with traffic 6n High Ridge Road. As
far as the width of the road right-of-way, Mr. Groves advised that
it is presently paved 21 feet. The cross sectional standard for
the roa~ if it were up to what is considered the collector's
standard in both the City of Boynton Beach and the County, would
be 24 feet, so Mr. Grove said they were talking of a difference of
three feet or 1-1/2 feet on each side of the right-of-way.
Although they are talking about something, Mr. Groves said it was
- 40 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
AUGUST 10, 1~82
not like they were'talking about the difference .between a two-lane
and a four-lane road. ·
As far as the traffic is concerned, Mr. Groves said they were Will-
traffic, certail
there is going to be
indus
y is,
an
Mr. Groves-:' ~r. Annunziato!had adequatgly the
fact tha~ tted this to ~staff in detail.~
.-County is in cc that it is .formance with their :Land
Use Plan .g. is consistent; the 'co
the trial Development islconsistent in ~s
industrial uses to the south, railroads to the east, and proVides
a transitional zone, Mr. Groves informed everyone.
Getting to the specifics of traffic and, in particular, the hiatUs
which they discussed, as he mentioned earlier, Mr. Groves said it
is their attitude that the County Land Use Plan and thiS thorough-
fare plan addresses High Ridge Road aS being a collector to run
from N. W. 22nd Avenue all the way north~ to Lantana Road. Mr.
Groves frankly thought'.that was what they had been ~working with,
and they have designed their project in accordance with that. Mr.
Groves stated that they felt that the l County Commission's vote at
one point .and time to create a hiatus there was ill-conceived and,
at the present timel, was frankly illegal~ Mr. Groves thought one
point which has not been brought up was why that hiatus policy was
originally considered.
As far as the County was concerned, at the time Mr. Groves said
they were hauling fill 6ut of ~their property, which Was a consider-
able intensive truck use, and there was a conceived maSter ~plan by
Lehigh Portland Cement to go-in the industrial park to ~the south
as al .~e~_~n~ ~rag~lar~feature.. He pointed out that concrete~ ~..
trucks would be a regular feature coming up and down High Ridge
Road, and that, to Mr. Groves' knowledge,:was the predominant think-
lng in putting the hiatus. ~there. Of course, Mr. Groves remarked,
tha~ use has since been eliminated and he did not see that the
hiatus policy is really consistent with either PID zoning or the
County's zone plans~.. In the event a hiatus is placed somewhere
along High Ridge Road, as he indicated earlier, Mr, Groves said ~they
are intent in having their property annexed into the City of Boynton
Beach. He thought their, zoning .was con~ istent both with County ~
zoning and Boynton'S zoning. Wherever ~ hiatus is placed, if one is.
placed, Mr. Groves did not see that affects either their annexation
- 41 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
AUGUST 1'0, 1982
or their zoning because they are prepared to live with it wherever
it may be if it-ever goes in.
Chairman Ryder informed Mr. Groves the Board had some letters with
regard to complying with the r~quirements of the Technical Review
Board. He asked Mr. Annunziato if there was anything they should
get from Mr. Groves in the way of agreement with any of the comments.
Chairman Ryder added, "And the traffic features too." Mr.
Annunziato advised that the traffic features are adequately
addressed with the Petition for Voluntary.Annexation. He said t~ere
were a number of staff comments which should probably be read into
the record and the response to those comments by Mr. Groves in his
letter to Mr. Timothy P. Cannon, Assistant City Planner, dated -~-
August 3, 1982. Mr. Annunziato said he could read them into the
record now. Chairman Ryder thought they could be noted as part of
the material the Members have before them. A copy of Mr. Groves'
letter to the Assistant City Planner dated August 3, 1982 is
attached hereto and made a part hereof as Pages 43, 44, & 45.
The staff comments are as follows:
Planning Dept.:
Utilities:
Fire Dept.:
~Wm. Do
Cavanaugh,
Fire
Inspector)
Urban Forester:
(Tom Clark,
Engineer)
Asst. City
Planner:
(Tim Cannon)
See Memo attached hereto and made a part hereof as
Pages 46 thru 50.
See Memo attached hereto and made a part hereof as
Page 51.
"Re: High Ridge Com~rc~ Park
Water supply.approved as shown.
Fire hydrant location shall conform to City subdivision
Ordinance, Section XVI."
Reference: Cedar Ridge Estates
As shown Fire Lines have too many dead ends.
Oonsultation with Perry Cessna, Utilities Director, and
this office should alleviate this problem.
Fire hydrant location shall conform to City Subdivision
Ordinance, .Section XVI."
See Memo. attached hereto and made a part hereof as
Page 52.
"I do not have any negative omL,~nts concerning the subject
'master plan.
The c~itment for off-site road and traffic improvements
appears to be appropriate based on the traffic survey.
The drainage plans and calculations are comprehensive and
show that flooding situations have been adequately
addressed."
"1. Need to show all existing utilities and eas~T~nts on and
adjacent to tract.
2. Need documents showing unified control; agreements with city
for completion of development according to plan and restrictive
covenants with regard to same.
3. Need statement as to desirability of placing parking garages
with setback (30') along south boundary of P.U.D.
Sales Office in
The Manalapan Clu~
Hypoluxo Island
Manalapan, Fla.
August 3, 1982
Mr. Timothy'P. Cannon
ASsistantCity P&anner
City of Boynton ~each
P.O. Box 310 '
'Boynton Be!ach,~ FL' 33435.
Re:
Cedar Ridge Estates P.U.D. - High 'Ridge Commerce Park P.I.D.
Dear Tim:
In pursuance of your letter of July 29, 1982, my letter ~o
you of the same date, and the discussions which took place
at a meeting of the Boynton Beach Technical Review Board
this.morning please consider the following items:
1. In regards t° the remarks from the Fire Inspector and
the Director of Utilities,.I believe each of their
cohcerns was fully addressed and resolved at the meeting
~this morning by the modification of the water and sewer
plans to reflect the following changes:
:. a. A six inch water main will be installed to connect
the south leg of the raulti-family water main to the
eight inch water main presently shown as running through
the center of the P.I.D.
b. The north leg of the multi-family'and, single family
water main shall be increased'from six inches to eight
inches.
c. At the eastern ~ost or second from the eastern most
· " cul'de-sac an'easement shall be provided to permit the
extension of the water main from the slx inch leg to
. the fire hydrant in the cul-de-sac north to connect
.'- with a future water main to be constructed by the
Lake Worth Christian High SchOol.
d. The gravity sewage collection system which is presently
shOwn running through the eastern portion of the multi-
family area shall be modified such that man-holes shall
be accessible from the north and south parking areas,
linking a run not to ~xceed 400' with suitably lined
ductile iron pipe together with a provision that we
shall agree to hold the City of Boynton Beach harmless
Poin~ Manalapan Develo ment ~orporahon :~ '~
Mr. Timothy P. Cannon
City of Boynton Beach
August 3,.-1982
in regard to damage that may occur during routine
maintenance of the facilities.
2. With regards to the comments by Kevin Hallahan, Urban
Forester, it appears to me that all his comments relate
to those provisions which are specifically included in
.your ordinance 81-21, which I am sure you are aware is
your Tree Preservation Ordinance. As I am aware of the
existence of the ordinance and its appropriate regulations
it is certainly our intent to comply with the ordinance
at the appropriate time. ~
3. In regards to the discussion concerning the~arking of
existing easements on the survey, as I indicated at the
meeting this morning our principal problem stems from the
fact that the existence of a Florida Power 'and Light
Easement through the eastern 100 or so ~eet of the P.I.D.
is not specifically designated in terms of its exact
location in the easement document. Pursuant to the
discussion this morning we agreed to locate the structures
and facilities as laid out and in place on the survey to
facilitate identification as well as pursue our original
course of action which was and still is attempting to
have Florida Power and Light appropriately identify the
easement. I would hope to have this addition to th~
survey made at the earliest practical date.
4. In regards to your request concerning agreements with the
City for completion of the development according to the
plan, restrictive covenants, and a Declaration of Condominium,
_ please be advised that we are presently drawing up the
necessary documents including Deed Restrictions for the
single family residenti&l area and the planned industrial
development, together with a Declaration of Condominium for
the multi-family area all be tied together by a Property
Owners Agreement amongst the several parties. In'drafting
these documents we shall take cognizance of your request
that all development to take place within the bounds of
the P.U.D. and the P.I.D. shall be in conformance to and
compliance with all appropriate Codes of the City of
Boynton Beach, together with the terms and'conditions as
agreed to between us and the City of Boynton Beach limiting
the uses in both the P.U.D. and the P.I.D. As I indicated
we are hopeful Of having these documents completed within
the next several days and will 6ertainly forward them 'onto you
as soon as. they become available.
-3-
Mr. Timothy P. Canno~
City of Boynton Beach
August 3, 1982
5. In regards to the ~arking garages, it is our feeling
that due to the requirement in the zoning code for a
separation wall between an industrial and residential
area out
~ould.
.ed
~i- to
to
facilit
foUndational structure.
of st.
~ial
is not
:erning ---
onsideration
t!
to Florida
W Cable TV.
wo] those
for easements but
is appropriate in
I trust this adeq
your letter of July.29,
letter to you, and the
Review Board at this mor
any additional'problems
at your earliest convenience.
Since
Kenneth
'-cc: Donald M..'S~epherd
~Earle Megathlin
William J. Hyland
Winston Lee
plan
~hone,
i~ed any
qUirements
cooperate as
to those items covered in
~ my response
discussed b il
bu you envision
ciate ntacting me
KLG: grb
MEMORANDUM
· Chaz'rman and Members,
Plan. ning .a~d Zoning Boar~
. ~armen S. AnDunziato
City Planner
,Il.1
July 16, 1982
Application for Annexation,
Land Use Amendment and Rezc
ing/Point Manalapan Corpor~
and William E. Benjamin;II
Introduction
.The Point Manalapan Corporation and William E. BenjamiR, II
(Point Manalapan) are proposing_ to annex into Boy,ton Beach 'a 65.8
acre tract of land located in the northeast corner of Miner Road
extended and High Ridge. Road (See Exhibit 'A'). The property is
currently undeveloped and zoned RS (Single Family Residential) in
Palm Beach CoUnty. Also, accompanying this request are legal des-
criptions prepared by the City Staff which provide for the annex-
ation of intervening rights,of-way.
In connection with this request for annexation, the
owners are proposing that the land be .zoned both Planned Unit
Development (PUD) and Planned Industrial Development (PID). The
PUD. .... proposed provides for the construction of 197 units (45 single-
family detached and 152 multi-family)'on 40.8 acres. This develop-
ment equates with a Land Use Intensi. ty (LUI) of 5 and a gross
density .of 4.83 units per acre. The'PID consists of 20 industrial
lots plus required buffers on 25 acres of land. Both developments
are to be served with public utilities and streets.
............. ':~.. -:'.
Procedure
These applications for annexation, amendment .-to the
future land use element of the Comprehensive Plan and rezoning
are being processed consistent with state statutes, and Boynton
.Beach codes, ordinances .and reso'!utidns-as' follows:
-.. 1. F.S. 163.3161: Local Government Comprehensive
-' Planning Act; -
2. F.S. 166.041: Procedures for Adoption of
Ordinances and Resolutions;
31 F.S. 171.011: Municipal Annexation or Con-
: traction Act;
4. Boynton Beach Code of Ordinances, Appendix A,
Section 3A5(e): Boundary and Zoning;
5. Boynton Beach Ordin'ance #79-24:
Adopting the Boynton Beach Comprehensive-Plan; and~-
6. Boynton Beach Resolution ~76-X:
Procedures for Annexation. .-
Chairman and Members,
Planning-ahd Zoning Board
Carmen Si Annunziato
City-Planner
July 16, 1982
Application for Annexation~,,~
Land-Use~Amendment and Rez6h
ing/Poin~ Manalapan Corporati
an~ WilliamE. Benjamin,II
- 2 -
These proCedures have bee~ tabulated 'for .informational purposes
and-for ease of processing as noted in the attached annexation
timetable (See Exhibit 'B'). Paraphrasing the timetable, these
requests require review by the!City Department Headsz newspaper --
advertisements, public hearings with the Planning and Zoning Board
and the City Council and Council adoption of ordinances to annex,
amend the future land use element and rezone. Also included is a
consistency review by"the Board of County Commissioners, These
procedures take approximately threemonths to complete.
Current Land Use and Zonin~
:The property which is the subject of this annexation
request is currently undeveloped and it is zoned RS (Single Family
Residential) in Palm Beach County. The land use and zoning of the
surrounding-land varies and is presented for your information in
the following' table:
Direction
north
east
Jurisdiction Zoning
Palm Beach County RS
Pa%m Beach County NA
Land Use
LakeWorth
Christian School
Seaboard Airli -~~'~
Railroad
~outh.
Boynton Beach '" M-1
1 Rollyson Warehou~
2 Florida Pn~uma( .....
3 vacant/undevel¢'
southwest
Palm Beach County
RS
vacant/undevelOp~
west
Palm Beach County Ri ....
. estate single-~=~
Northwest
Palm Beach County
RS s
MEMOt A DuM
Chairman and Members,
Planning .and .Zoning Board
Carmen S. Annunziato
City Planner
July 16, 1982
Application for Annexation,
Land Use Amendment and Rezon-
lng/Point Manalapan Corporation
and William E. Benjamin,II
Future Land Use and Zonin~ .. --
'- High Ridge Road is an area in transition so far as
development is concerned. There are many items which cause.an
area to change, but the primary causes of change in ~he High Ridge
Road corridor are availability of sewer and water facilities, loca-
tion with respect to 1-95, the proposed extension of High Ridge Road
southward to N.W. 22nd Avenue and the industrialization-of the surround-
ing area.
The Point Manalapan ~ract lies approximately equidistant
between N.W..22nd Avenue and Hypoluxo Road on the east side of High
Ridge,land as proposed will form the land use break point wherein
industrialization will be limited from expanding northward. ~ In
fact, the purpose of the requested zoning catagories (PUD and PID) is
to ~ovide on-site, sufficient land use controls via the planned dis-
tricts to insure that the residential property to the north'is care-
f~lly and..adequately buffered from the straight industrial zoned lands
to the south. This combination of planned zoning districts is con-
sistent in concept with the Palm Beach CountY Comprehensive Plan
Policies and thus is consistent with the policies of Boynton Beach.
' With respect t°'.~il of the remaining land in the area, the
Palm Beach County Comprehensive Plan Future Land Use Classifcation is
Low to Medium Residential which permits a density range of 3 to 8
dwelling units per acre based on availability of infrastructure
capacity. There is no. doubt that now that sewer and water facilities
are available and with"the proposed extensionof High R~dge Road south-
ward to N.W. 22nd Avenue,. the lands in the.-High Ridge RO~d-corrid~r
will redevelop .at a higher density.
-Based.on the information provided above,'tand use classifi-
catiOns of Industrial and Low Density residential.are appropriate and
zoning classifications of Planned Industrial Development and Planned
Unit Development with Land Use Intensity = 5 are recommended.
C~mprehensive Plan Policies
There are three policies in the Comprehensive .Plan which
address annexations as follows:
MEMORANDUM
Chairman and Members,
Planning and Zoning Board
carmen S. Annunziato
City Planner
July 16, 1982
Application for .Annexation,
Land Use Amendment and Rezon-
orat_i_
lam E. Benjamin, II'
e
- 4 -
"Annex only property which is reasonably con-
tiguous'to present municipal boundaries;"
"Annex prqpertY only after the preparationof a ---
study eValuating-the fiscal benefits of annexa-
tion versus the cost of providing service;"
and,
"Annex only properties which are of sufficient size
to provide efficient service and on which urban
development is anticipated."
In.order to determine the consistency of the Point Manalapan
annexation request with the Comprehensive Plan policies, each of
the three policies will be addressed individually..
Policy 1 "Annex onlyproperty which is reasonably contiguous to
present municipal boundaries."
The Point Manalapan property ~s contiguous on its entire
southern boundary (approximately 1450 feet) with present Corporate
limits and on its eastern boundary'when taking .into consideration
intervening-rights-of-way-for a distance of approximately 2600 feet.
-Policyi2 '~ "Annex property only after the preparation of a study
- evaluating the fiscal benefits of annexation versus the
~. cost of providing serVices."
-':';"-'' In .response ~b ~olicy 2,.you will find accompanying this
memorandum Exhibit 'C' which compares projected'ad valorem taxes ..
with required expenditures.
Policy 3 ""~nnex only properties which are of sufficient size to
provide efficient service and on whiCh urban development
is anticipated."
As previously stated, the Point Manalapan tract is approx-
imately 65.8 acres in size, and because of the availability of
public utilities and projected road improvement, will soon exper-
ience urban type development.
~ Based on the findings of fact noted in the discussion of-' -
the policies as applied to this annexation, it is apparent-that~ the
Point Manalapan request is consistent with the Boynton' Beach Com'..
prehensive Plan policies concerning annexation.. · ....
Chairman and Members,
Planning and Zoning Board
Carmen S. ~nnunziato
City Planner
.July 16, 1982
Application for Annexation,
Land Use 'Amendment and Rezon-
· ing/Point Mana!apan Corporati
and William E. Benjamin, II
- 5 -
Recommendation'
The Planning-Department recommends that the applications
submitted by William Benjamin and the Point~Manalapan Corporation_
for annexation and future.land use amendment be approved as re-
quested and that the rezonings requested be approved subject to
.the staff comments which accompany this memorandum as Exhibit 'D'.
These recommendations~ are based on the following:
1. the parcel is cohtiguous to the corporate limits;
2. the parcel is in the path of urban development;
3. the request is consistent with the Comprehensive
Plan policies for annexation;
4. the land use and zoning catagories requested are
~onsistent with-the land use plans and policies of
both Palm Beach County and Boynton Beach;
5. the requested annexation and zoning will not impare
the surrounding properties in a manner that will in-
hibit future'development; and,
6~ the cost/benefit analysis of this request indicates
that the impact of this proposal on municipal staff
and programs will be substantial but that the taxes
realized will off-set the projected municipal expenses.
CSA:mpc
Carmen S. Annunziato
City Planner
TO:
RE:
M.E M O R A N D U M
Mr. Carmen Annunziato, City Planner
July 26, 1982
Cedar Ridge Estates, P.U.D. and High Ridge Congress Pk.P.I.D.
Following are my comments:
1. The water layout in the PUD is such that you have numerous
dead end lines~Which by consultation at this office, with
the engineer, could resolve these problems,
2. The sewerage collection system with a gravity line running
approximately 800' in-between buildings and in grassed
and landscaped recreation areas will present a very serious
maintenance problem for the City.
The reason being that to get sewer cleaning equipment into
this area, wOuld be almost impossible unless there was an
actual road built through this area and I do not believe
the planners would consider such an intrusion on the open
area.
Again, this requires some discussion with the engineers to re-
solv~ the problems inherent in their design.
We are returning the set of plans With 'this memo.
'apt
Attachments:
"set of plans"
Perry A. Cessna,
Director of U~lities
Time / % z.
MEMORANDUM
TO
,Carmen Annunziato
City Planner
Kevin Hallahan
Urban Forester
DATE
June 24, 1982
Point Manalapan property
I have inspected the tract of land designated above, *-
making note of the area which was once a Mango orchard. The
Trees, planted at a fourteen foot (14') by fourteen foot (14')
spacing, are in healthy condition, but not producing any fruit
at this time. It appears that-this orchard has n~t been
managed for quite a few years.
In accordance with the Tree Preservation Ordinance
(#81-21) the developer should be aware of his responsibilities
in the following:
section 7-A-5: obtain a tree permit from the building
department,
section 7-A-7d: provide a tree survey of the Mango area,
section 7-A-12,13: work to remove as few trees as
possbible and replace all trees which
have to be removed as part of th~ con-
struction of roads and structures.
If you have any.additional questions or need more' information,
let me know. I will also work with the developer in preserving
the=trees where possible.~ : .. . . . ~.~Z~ ~~¢.~~
KH;mpc ~ Kevin Hallahan ' -
~~Urban Forester
MINUTES ' PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
AUGUST 10, 1982
Chairman Ryder asked if anyone else wished to speak i~ favor of the
Proposed application. _
Chairman Ryder said the opposition would be considered. He requested
them to please be brief. A woman in the audience remarked, "You
~ave that'other gentleman plentY of time." ChairmanRyder thought
the opposition was being allowed plenty of opportUnity to speak. He
asked them tolbear in mind that they are not taxpayers or residents
of Boynton Beach and to pleaSe keep that in mind.
With referencelto the bible
map. ID zoning
parcels of land which are possibly
Beach are
sq per parcel. It
buildings~ ~ri~ Hess ag
rs
ch was enacted
Hess, 7075 High
.ind. F~e went to the---
Hess .said the 20 '
be annexed into the
ion 17,000
square feet of
mind that 1/3rd
the size of the Palm Beach Mall and said that is what you are going
to have go up:and down High Ridge
about seven or eight weeks
Groves could live with, the
on High Ridge Road could live with
mentioned that, and Mr. Groves
his 'suggestion.
~ad. M~ Hes led Mr. Groves
.uation Mr.
live the people
Hess no one has
come back to him as far as
Mr. Hess' told the Board it'woUld be a solution for everyone. To
go.ahead and let Mr. Groves take his annexation and go ahead, 'the
people:would have no problems, Mr. Hess advised. He said they think
it is wonderful. Mr. Hess informed. the Members of the Board that
the property owners thought the development would not only enhance
their~property but it is a. wonderful situation. He continued by
~aying, "This~does bother us and obviously the traffic coming from
the south bothers us a lot."
Mr. Hess pointed to the plan .and said, "Either take this portion and
take this little cul-de-sac and bring it down and have all this ~
industrial traffic go south and pass the hiatus. We can live with
'that," Chairman Ryder did not understand what Mr. Hess wanted.
Mr. Hess said the plan was turned upside down. He showed the part
bordering, the' industrial park, which was Created in 1972. He said
the City wants access and egress for all Boynton residentsTinto an
indUstrial park easy for the Boynton people, the fire protection
and police protection.
Mr. Hess emphasized that they do want the hiatus to stop the
situation that the City developed back then. He'acknowledged that
the Members themselves were not responsible but said their predecessors
were responsible. Mr. Hess suggested to Mr. Groves that he take the
cul-de-sac and create a road going past the hiatus and direct all
of his traffic of the industrial complex that he wants to build '~-~
to the south. Mr. Hess said they accept the residential area as far
,MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
AUGUST I0, 1982
as traffic. Mr. Hess commHnted, "It would be great."
Mr. Hess, speaking for the South High Ridge Road Property Owners
Associatibn', asked the Members of'the Planning and Zoning Board to
go ahead and support the hiatus idea. He told the Members it would
solve their problem, it would solve Mr. Groves' problem, and it
would solve the Property Owners' problem. He noted that Chairman
Ryder objected, as far as the safety situation of getting'to the
City's residential taxpayers. Mr. Hess said this would solve the
whole thing ~right away. Mr. Hess said"the Board could only accept
this idea ~f they supPort the hiatus and ask ~Mr. Groves'to go ahead
and attach it. Mr. Hess wanted Mr. Groves to,go down to a point
he designated on the plan, past the hiatus. To take the industria~--
trafficsDu~, Mr. Groves'pointed out that the City co~d get to the
industrial area both from the south and also from the west_because
Miner Road has been dedicated. Naturally, Mr. Groves said the
City would.come from the south, as it would be easier for them. He
said the emergency equipment would come up 22nd Street and right
over to it; the police force would get to it very quickly.
Chairman Ryder asked Mr. Annunziato if he saw how that goes through.
Mr. Annunziato thought the issue of connecting a road with the
cul-de-sac is not really the concept Mr. Hess is talking about.
Mr. Annunziato thought Mr. Hess was talking about creating some sort
of hiatus between the PID and the PUD on High Ridge Road.
Mr. Hess agreed that was correct. "In other words, Mr. Hess
continued, do this. Haue all of your PID people come from the
south." ~hairman Ryder asked, "Wouldn't they come any way.', Mr.
Hess exclaimed, "No. They won't come any way! Of course they
won't." Chairman Ryder questioned, "Why won't they, if we open
up -" "If the road is'opened up, it will protect the force of
least ~esistance,'t Mr~ Hess replied. He said if they are coming
from the north,'they are going to come down High Ridge Road.
With 700 cars coming down to park there plus the induStrial traffic,
Mr. Hess told Members of the Board they were taking down the least
resistance.
Mr. Hess continued by telling the Members, "You take this thing
from the south. You hiatus it. You have to go ahead'and put a
road in here.to connect this road of 3/10ths of a mile. That's all
you're go'ing to need. We're one mile of residential. 3/10ths of
a mile to-22nd Street is all he needs, and just have industrial
traffic on the south, which will give your immediate access and
quickest access. Probably the most used access will be from the
south, not the north."
Mr. Hess implored the Board to reinforce the County commission's
vote in 1972 and also 1982, as of June 29.th, as far as agreeing
to solving a terrible thing that happened.
Chairman Ryder ask.ed Mr. Groves what he had to say about that.
MINUTES - PLANNING AND ZONING~BOARD
BOYNTON BEACH, FLORIDA AUGUST
Mr. Kenneth L.
guessed he did
suggestion some time ago, as he sa
two'
that s
:ical for
he fact
make:
one
problem
was
Mr
addit
by
Ridge Road.
o around
igh
Mr. the
between induSt] and re: [~al fo] sake of
traffic is certainly a decision which a Judge shot
thing Mr. Hess apparently is
-is that the County Commission
original decision~to create a
To date, Mr. Groves said they have not affirmed or ~
they have dOne dUring workshoplmeetings sometime
~ a: hiatus
Lit!ng
make. Some-
,inted out,
s. request.
.ed what
then.
As he said, as far as his zoning discussions are concerned, as
far as his annexation discussions are concerned, Mr. Groves-
informed the Members .that they were desirous of being annexed into
the City of Boynton Beach and he thought their zoning was
consistent with Boynton Beach or the County, whiche, it
goes into. Mr. Groves thought the High Ri~e Road
was
something which is yet to be answered and when ~ rs to be
answer that question, Mr~ Groves said in their tl
statement they have indicated Considering it:two ay~ y
is with the hiatus and one is-withOut. Mr, f are
prepared to live with a hiatus or Without a· hiatu ~that
decision is made, Mr. Groves thought that Would be the appropriate
time to consider whether or not their plan is suitabl~ in considera-
tion'~f the fact that the're wil'l or wiil not be a hiatus.
THE PUBLI~ HEARING WAS CLOSED.
Chairman Ryder advised that there are other PIDs in the City, and
a large one is finally getting under way. He said they had~hear-
ings on that, and it is adjacent to a residential area. As he
said before, Chairman Ryder reiterated that there is no resemblance
to what you can do in an M-1 district, which is what is there now.
Chairman Ryder informed everyone that the other PID he referred to
was finally accepted by the people in the area.
Chairman Ryder felt the Members of the Board had to be concerned
with what is good for Boynton Beach.
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
AUGUS~-10, 1982
Corporation be granted, subject to staff comments and the corres-
ponding letter of Kenneth L. Groves, Vice President, Point Manalapan
Development Corporation, addressed to Carmen Annunziato, City
Planner, under date of July 16, 1982.
A~out 22 or 23 years ago, Mr. Linkous looked at that area and he
could not afford it, which is why he is no% living there today.
He commented that the Members' sole responsibility is to the City
of Boynton Beach. For that reason, he seconded the motion. A--
vote was taken on the motion, and the motion carried 6-0.
PUBLIC HEARINGS: 7:30~P. M.
VARIANCE REQUEST
Project Name:
Agent:
Owner:
Location:
Description.:'
St. Andrews Club
Robert D. Chapin
St. Andrews Club
4475 No. Ocean Blvd., Boynton Beach
Variance from Sections 5-141 (.a) , (d) , (f), (g) (6)
(h) (1)., Section 5-141 (k), Section 5-143 (n) of the
Parking Lot Ordinance
SITE PLA~APPROVAL
Project Name:
Agent, Owner,
and Location:
Description:
St. Andrews Club
Same as above
Additions to Clubhouse and Kitchen, and request for
joint allocation of required parking
Tim Cannon, Assistant City Planner, asked the Members to notice
there is also a site p~an modification to the St. Andrews Club on
their agenda (besides-~the variance request,.which was for Public
Hearing). He said he would discuss the modification to the site
plan and the variance request simultaneously.
Mr. Cannon s~id this was a'minor modification to the previoUsly
approved site plan of St. Andrews Club. What they are doing, Mr.
Cannon informed the Board, is making two small additions. One
addition is a 726 square foot addition to the golf house on the
west side of the development and then a 132 square foot addition
to the club house on the east side of the development.
Mr. Cannon advised that the applicant is also requesting joint
allocation of 24 parking spaces between the parking space require-
ment for the multi-family dwelling unit and the parking space
requirement for the club house. Mr. Cannon said the new Offstreet
Parking Ordinance allows for joint allocation where it seems that
there is some form of lack of demand.
- 56 -