O82-28 ORDINANCE NO. 82- 2 ~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 10,
"G~RBAGE, TRASH AND OFFENSIVE CONDITIONS", SECTION
10-2 "LANDS TO BE KEPT FREE FROM TRASH OR FILTH"
OF THE CITY CODE OF THE CITY OF BOYNTON BEACH, BY
ENLARGING THE DEFINITION OF NUISANCE AS ENUMERATED
WITHIN CHAPTER 10; REPEALING ALL ORDINANCES, OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
A SAVINGS CLAUSE; PROVIDING AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, Boynton Beach feels that it is in the best
interest of the citizens of the City of Boynton Beach to conduct
a land clearing operation to reduce the public hazard and nuisance
created by the overgrowth of uncultivated vegetables and/or
accumulation of trash, debris and other unsanitary conditions.
WHEREAS, the definition of nuisance needs to be en-
larged in order to protect the citizens of the City of Boynton
Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That Chapter 10, Garbage, Trash and Offens-
ive Conditions. Section 10-2 Lands To Be Kept Free From Trash Or
Filth of the City Code of the City of Boynton Beach is hereby
amended to read as follows:
§10-2 Lands To Be Kept Free From Trash Or Filth
The owners of lands within the city shall keep the
same [and one-half (½) of any abutting street, alley or easement]
free from any accumulation of trash or filth, broken tree limbs
or branches, uncontained garbage or refuse, any containers or'
materials which could hold or conceal pools of water, 8~-e~he~
m~e~-wh~eh-may-ea~e-~e-~-~sease-~_a~ee~_~he_he~h_e~
he~ebM-~ee~a~e~-%~-Be-a-~sa~eev 'And heavy dense or dank growth
of weeds, g~as.s., underbrush, palmettos, Florida holly trees, or
other uncultivated vegetation, or Other dead or living plant life,
which might
constitute a fire hazard, serve as a breedinq place for or harbo¥
insects, rodents, wild animals, snakes or other pests or vermin,
or give off an offensive odor, shall in each constitute a nuisance
when any.parts or accumulation of growth are located within
fifty (50) feet of the boundary of .any developed or mainta~e¢~
~djacen~.proper. ty located in the corporate limits of the City o;
Boynton Beach. In the event accumulation or growth constitutin9
a nuisance is defined herein or located on acreage, than only tha~.
area which is within fifty (50) feet or less from the neares~
boundar3 shall be declared to be a nuisance. It is further found
and declared that said accumulation and growth are detrimental
to the economic welfare of the .adj. acent property, and injurious
to the public safety, health and welfare of the City of Boynton
Beach and its inhabitants. Said nuisance also adversely~affect
economic growth, stability and prosperity of said City and it:~
inhabitants. It is further found and declared that dense, under
growth, weeds and vegetation either cultivated or uncultivated
that are allowed to grow so as to imPede and obstruct the normal
view of intersections, railroad crossings or traffic signs from
streets, roads and highways are traffic hazards and are hereby
declared to be a nuisance.
Section 2. That all Ordinances or parts of Ordinances
in conflict herewith be and the same are hereby repealed.
Section 3. Should any section or provision of this
Ordinance or any portion thereof, any paragraph, sentence or word
be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity or remainder hereof
as a whole or any part hereof other than the part declared to be
invalid.
Section 4. Specific authority is hereby granted to
codify this Ordinance.
Section 5. This Ordinance shall become effective
immediately upon its passage.
FINAL READING and PASSAGE this
SECOND·
~~/~ , 1982.
· 1982.
day of
CITY OF BOYNTON BEACH· FLORIDA
~ [lay6r
ATTEST:
it~lerk , Deputy
(Corp. Seal)
%-~INUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
AUGUST 17, 1982
revision to include millwork and lumber yards only if a
200 foot buffer between the building and the residen property
line. Mr. Foot continued by saying Boynton the
economic base of this planned development, ~lng construction as
a tax base for our community; needs and the Chamber has
a definite feeling that if the and citizens are to have
normal taxes, they need the base for employment .as well
as for accurate property ~.
Mr. Foot told the
staff of the Council
aspects that coul~
exclude the in(
the Chamber of Commerce urges the
it considers this, to-consider the adverse
se if the M-1 zoning classification should
millwork operation, i_
Vice Warnke moved to suspend with the regular order of the
Age and start the Public Hearing at 8:00 o'clock. The motion
secohded by Councilman Wright and carried 5-0.
PUBLIC HEARING - 8:00 P. M. - (Hearings A & B will be held
concurrently)
Applicant:
Request:
Location:
Janet Knox Field, as Trustee, and Riteco Development
Corp.
ANNEXATION of 112.~8 acre tract of land
West side of North Congress Avenue between Boynton
Canal and L.W.D,D. Canal, also included is a
request prepared by Staff to annex the northern
1.25 miles of Congress Avenue lying south of Hypoluxo
Road
Applicant:
Request':
Location:.
Proposed Use:
Janet Knox Field, as~Trustee, and Riteco Development
Corp. . ~
LAND USE AMENDMENT & REZONING - Amend Future Land
Use Element from Palm Beach County AG to High
DenSity Residential P.U.D.
West side of North Congress Avenue between Boynton
Canal and L.W.D.D. Canal L-21
Construction of 1260 Multi-family dwelling units
in a garden apartment mode, plus lakes and private
recreational facilities
Councilman deLong wanted to find out from City Attorney Vance what
the procedur~ will be. He pointed out that they had two different
items and asked if they were going to vote on the annexation first;
the.rezoning item second; and thirdly, the instructions to the
City Attorney insofar as the documentation is concerned. Council-
man deLong questioned whether that was the order they were going to
follow.
'MINUTES - .REGULAR CITY COUNCIL MEETING
~OYNTON BEACH, FLORIDA
AUGUST- 17, 1982
In answer to Councilman deLong's question, City Attorney Vance said
the two items A & B and C &iD would be heard together because it is
practically impossible to cOnsider one without considering the
other. He added that it was a mechanical impossibility. At the
conclusion of the public hearing, City Attorney Vance advised that
if the'City Council sees fit to proceed with the annexation, an
appropriate motion would be a motion directing that the annexation
procedure proceed and that'the City Attorney's office be directed
to prepare-the appropriate ordinances and resolutions needed to
implement the annexation.
In that particular motion, Councilman deLong asked City Attorney
Vance if he also wanted items 1, 2, .3 and 4. City Attorney Vance
wanted two motions. He advised that the first motion-~should
relate to items A &~B. ~Assuming the City Council is positive with
respegt to the annexation, City Attorney Vance said the motion would
indicate that the City Council is directing the City Attorney-and
staff to proceed with the next steps in the annexation procedure
and direct his office to prepare the appropriate ordinances and
resolutions. Councilman deLong questioned whether City Attorney
Vance wanted those itemized as in the information the Council
received. City Attorney Vance replied, "No."
City Attorney Vance stated he would like the second motion to the
same effect in relation to items C & D, which were again one annexa-
tion but two separate items (the consideration of annexation and
the land use amendment and rezoning).
The next question Councilman deLong had was that insofar as not
having anything definitive insofar as the type of zoning or the
type of occupancy here, it has been called to the Council's
attention by the Planning and Zoning Board that this recommendation
brings to the Council's attention the fact that this project will
be developed as a rental project or a condominium project, and he
asked City Attorney Vance if he saw a p~oblem there. City Attorney
Vance replied, "No sir, not with the zoning that will be involved."
In addition, for the Council's benefit, City Attorney Vance said
the Council will event5911y get a "second shot" at this inasmuch
as actual ordinances, approving the annexation, and approving the
rezoning will come before them for a subsequent vote.
Mr. Carmen Annunziato, City Planner, informed the Council that the
applications before them were of three kinds: an application to
annex a certain parcel of land into the City of Boynton Beach with
a request to amend the Future Land Use Element to the Comprehensive
Plan by the addition of this certain tract of land to the City
Comprehensive Plan; and a request to rezone the property into a
development mode. He said the applicant in this regard~is Riteco
and Janet Knox Field, and the request concerning the annexation is
to annex a 112 acre tract of land bordered on the south by Boynton
Canal, on the north by Canal 21, on the east by Congress Avenue,
and on the west by Sand and Sea.
- 9 -
~INUTES -'REGULAR CITY COUNCIL MEETING
DOYNTON BEACH, FLORIDA
AUGUST 17, 1982
Mr. Annunziato said . in terms of location, tha% the
property is bisected in approximately 2/3rds. 1/3rd is by N. W.
22nd Avenue as it projects west of Congress. Concerning City
add-ons to the description of the property, Mr. Annunziato told the
Council that they have added on the description for that part of
Canal 21 adjacent to the tract and that part of the Boynton Canal
adjacent to the tract as ~ell as the rights-of-way to Congress,
which have previously been dedicated to.the County.
Mayor Trauger asked what is directly behind, on 22nd. Mr.
Annunziato answered, "Sand and Sea. Sunny South Estates." In
addition, by description, Mr. Annunziato further informed the
Council they have added on the north approximately 1-3/4 miles of
Congress Avenue, which is bordered on both sides by the City and
had never previously been annexed into the City. Mr. Annunziato
said they envisioned some severe police problems (for example~ had
their been an accident at the intersection of the Boynton Lakes
development and Congress) as to who would be called. Mr.
Annunziato explained that this was sort of a housekeeping measure
that they use with the conveyance of the annexation.
Mr. Annunziato continued by saying the acreage is 112.68 acres,
and the current status of the land is'it,slbei~gdamuck~d. For those
who are familiar with the site, Mr. Annunziato advised that it is
across the street from Motorola, and they will know that there
is a large scale of demucking operation going on, which is not un-
usual for land similarly located with respect to Congress in
Boynton Beach. Mr. Annunziato said they have seen it several
times with Cranbrook Lake EStates, High 'Point., and Quail Lake West.
He advised that the removal of the muck becomes a necessity prior
to development. -
Mr. Annunziato stated that the annexation was reviewed with respect
to the Comprehensive Rlan Policies for annexation, and there are
three of them: Contiguity, cost benefit% and size.
Concerning Contiguity,%Mr. Annunziato informed the Council that the
applicant's proposed annexation is contiguous to the City along its
entire eastern boundary and a portion of its southern boundary by
the annexation of First American Bank's tract.
Concerning cost benefit analysis, Mr. Annunziato said they have
.found there is a positive relationship between cost and benefits of annexation ~to taxes. He provided in the Council Member's
Agenda packet an explanation, as best as he could at this point, to
show what this annexation means to the various departments (what it
means in terms of current tax rate and millage).
Again concerning size, 112.68 acres makes this tract a reasonably
sized parcel of land to serve for municipal purposes Mr. Annunziato
informed the Council. '
- 10 -
~MINUTES - REGULAR CITY COUNCIL MEETING
~OYNTON BEACH, FLORIDA
AUGUST i7, 1982
With respect to the proper land use classification, Mr. Annunziato
reminded the Council that they are subject to the Palm Beach County
Land Use Plan as it applies to annexations for a period of two
years at which the City cannot increase or decrease the density
shown on the County's Comprehensive Plan. The property is so
situated within the County's Comprehensive Plan to permit up to a
maximum of 16 dwelling units per acre. Mr. Annunziato said the
proposal is to develop it at approximately 11.2 units per acre. He
said this is high density within the sc~pe of the City's ordinances.
The reason for high density, Mr. Annunziato thought,~ could be
explained when you look at the surrounding proposed or existing
land uses.
To the south, Mr. Annunziato informed the Council, they have the
1.2 million square foot DeBartolo Mall plus the First American
Bank site. To the south and east, there is an undeveloped tract
of land which is currently land planned for 7.26 units per acre.
To the east, south of N. W. 22nd Avenue, is Motorola. North of N.
W. 22nd Avenue, to the east, is a 20 acre tract of commercial
property. To the northeast is the Dos Lagos PUD with garden apart-
ments planned for the southwest quarter of the property. Mr.
Annunziato said the Melear Tract remains the only unknown,, and they
are beginning to have discussions with the owners of that property.
Mr. Annunziato commented that it will probably develop in a
manner somewhat similar to a combination of Dos Lagos and this pro-
posed development. Of course, to the west, Mr. Annunziato added,
we have the Sand & Sea, Sunny South Estates trailer park.
Mr. ~Annunzia~o said it appears that the request at high density
residential classification is reasonable as given. He said the
intensity of the land use is-surrounding the tract.
Mr. Annunziato addressed the requested-~ zoning, which is a Planned
Unit Development with a land use intensity of 5. Mr. Annunziato
said the proposal provides for the construction of 1,260 multi-
family units in~ a four story ~mo~e' plus. 2 acres of commercial
located across, intersectionwise, from the northernmost entrance
to Motorola. Concerning land uses, Mr. Annunziato informed the
Council that approximately 66% or approximately 75 acres are
devoted to residential land use. 2/10ths of 1%, or 2 acres are
devoted to commercial uses, and approximately 23% of the site is
devoted to lakes, Mr. Annunziato further advised. He said the
major lake is in the southern two-thirds of the property. Mr.
Annunziato pointed out that this is characteristic of the kind of
development that is found in the muck stream. When you are
removing 600,000 cubic yards of-muck, Mr. Annunziato said you
will find that large lakes appear.
Mr. Annunziato continued by saying 9.4% of the land is in recrea-
tional use (10.6 acres). Concerning the recreational
features, Mr. Annunziato said there is proposed to be a clubhouse
and an administrative facility in connection with this private
recreation. That will be 20,000 square feet.
MINUTES - REGULAR CITY COUNCIL MEETING
B~OYNTON BEACH, FLORIDA
AUGUST 17, 1982
Throughout the development, Mr. Annunziato told the Council there
are seven bath houses, eight swimming pools and decks, 14 racquet
ball courts, one developed picnic area, and.the lake for sailing,
rowing and fishing.
Concerning consistency with the subdivision regulations for
Recreation'and Parks dedication purposes, Mr. Annunziato said the
developer would have been required to dedicate 18.9 acres of land
based on the units provided. Given the 'fact that the recreation
amenity provided would meet the subdivision regulation's criteria
for granting half credit, the reduction would be ~o~' 9.45 acres,
Mr. Annunziato informed the Council. He told the Members if they
they have read the Petition for Voluntary Annexation~ they will
find that ~he developer has offered several opportunities to the
City to turn that 9.45 acres of land dedication into land, dollar
for dollarwise at Rolling Green Ridge Park, or into dollars. .
.Concerning master plan issues, Mr. Annunziato stated that'there
is first of all a consistency with the PUD zoning regulations and
the subdivision regulations. Mr. Annunziato reported to the
Council that this proposal is consistent with both.
Mr. Annunziato advised the Council that it is recommended that the
master plan be approved, subject to staff comments, which were
submitted with the agenda material, and are as follows:
Engineering Dept. "I have no negative cc~nts. The agre~m~_nt for four laning
(Tom Clark, Oongress between Lateral Canals .20 and 21 is, in my opinion,
City Engineer)
Asst. City
Planner:
(Tim Cannon)
Utilities ~
(Perry A. Cessna,~
Director)
an appropriate ccrm%itmant for the impact this project will
have on the traffic situation."
'~eed to show bike path on N. W. 22nd Ave."
See Memo attached and made a part hereof, as
pages 13 and 14.
Fire Dept. ,Re size; loop water lines to eliminate dead ends and pro-
(William D.
~.ide ~ad_equa.te flow. for fire standpipe syst~ns. ·
Cavanaugh, ~.e hydrant lo.cation shall conform to City 'Subdivision
Fire Inspector) ~nance, Section XVT, wroth due consideration given for
building height.
Free standing Fire Department connections and fire hydrants
shall be located a minimum of fifty feet from buildings and
shall be protected from physical damage."
Engineering Dept. See Memo attached and made a part hereof,~.
(Tc~ Clark, as page 1.5. -
City Engineer)
- 12 -
TO:
MEMORANDUM
Mr. Carmen Annunziato, :City Planner~
July 24, 1982
RE: Congress Lakes
The following Me comments on the master plan-water and sewer. On both
water and sewer plans, they have recreation areas shown that will re-
quire both water and sewer facilities and do not show any method of
serving these sites.
WATER:
1. Water lines have been re-sized and re-routed to eliminate as many
'dead end lines as p0~ible.
2. Valves have been added.
3. The plans do not show the existing 10" 'water line servin~ Sunny
South. This water line is on the north side of N.W.22nd Avenue. We
have shown two (2) separate set taps onto this line, in addition,
to the change taps on the 16" line on Congress Avenue.
4. Meter locations must be at the right of way line or easement.
5. Fire hydrant locations may be required to be changed by the Fire
Department and if they are located as shown, they will be required
..~.to provide protectio~by
SEWER
Lift statfon site must be 30' x 3~', fenced and deeded to the City
with a Warranty Deed.. ~
The 12" force main serving the north section should be re-located
on the south side of N. W. 22nd Avenue where'there is an existing
10" line for a 10" fOrce mainl This will prevent a conflict with
the existing 10" water line on the n6rth side of N. W. 22nd'Ave.
In both sections, t~ey show some manholes in the dividers. These
must be located so they are accessible for sewer cleaning equipment.
4. The drawings indicate that parking areas are drained to the c~nter
of the road in the same location as the sewer gravity, lines. One
or the other must be moved to prevent-i-nfiltration~through th~'man-
holes during storms.
5. No sewer gravity line shall be longer than 400'.
6. The gravity line connecting the south section to the north, crossing
N. W. 22nd Avenue shall be ductile iron pipe, polyl%ned, between
manholes.
Page 1 of 2 Pages
- 13 -
b emorandum
To: Mr. Carmen Annunziato, C. P.
Re: Congress Lakes
July 26, 1982
0
Bedding of the gravity lines shall be such as to prevent any
settlement vertically or shifting horizontally.
Compaction shall, meet City standards, which is 95% of T-180
Proctor.-
The City will require TV inspection for acceptance and reinspec-
tion after 1-year at the developer's expense. --
apt
Perry A.Cessna,
Director of Utilities
-,
Page 2 of 2 Pages
- 14 -
MEMORANDUM
August 4, 1982
TO:
FROM:
Re:
Planning Department
Tom Clark, City Engineer
Site Plans for Congress Lake~
The subject site plans include construction that-~ill require
the removal of 600,000 cubic yards of muck from the site. It
is my understanding that 100,000 cubic yards has already, been
removed from the site.
Surety consisting of a $100,000 letter of credit was posted
to the County for half of the work and would be "rolled over"
to comp!et~ the last half.
I recommend that the suret~ along with the commitments for
restoration be' transferred to the City.
I also,.recommend-that consideration be given as to whether an
additional building permit fee should be applied to the exca-
vation operation as per our current'Excavation and Fill Ordi-
nance.
TAC :.mb
Tom Clark
cc: Bud Howell
- 15 -
,~INUTES ~ REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
AUGUST 17, 1982
Mr. Annunziato continued by ~saying the Planning and Zoning Board
reviewed both of these issues, the Annexation and the Land Use
Amendment and Rezoning, and forwarded it to the Council with
positive recommendations with regard to both issues. Concerning the
annexation, the Planning and Zoning Board recommended approval,
noting the consistency with the City Comprehensive Plan policies
and also the agreement by the petitioner to the stipulations in the
Petition for Voluntary Annexation. ~
Concerning the Land Use Amendment and Rezoning, Mr. Annunziato
advised that the Planning and Zoning Board recommended that the
plans be approved subject to staff comments and also noting the
response that the applicant madeand.as_.~ouncftma~ deLong~pointed out
to the attention of the Council that the proposed ~development
can go either as a condominium or as a rental project. From a
zoning point of view, there would be no difference.
In looking it over, Mayor Trauger thought it was very high density
in this area, and asked if it was the same Field that was with
Field & Riley that developed the area along Seacrest and the
famous Bristol Springs disposal plant with which the City is still
having problems. Mr. Annunziato replied that it is the same Field
but he-did not know about the connection with Bristol Springs.
City Manager Cheney informed Mayor Trauger that they were not
involved with Bristol Springs. They were involved in the old City
sewer plant but not Bristol Sprin~s.
From the point of view of the problems that the City has had on
housing in the City, Mayor Trauger implored the staff to take a
very tight look at this or 15 years down the road again, they will
have developed instant slum. City Manager Cheney commented that
the City's standards and control for some of the things they talked
about last night at the Budget Session are significantly different
than they were twenty years ago. Mayor ~rauger admitted that but
added that some developers develop and still, to the American
free enterprize system, some may call it greed. He wanted to
protect the City from ahother future thing 15 years from the pike,
which they see in the northern area.
Councilman Wright referred to provisions for additional patrolmen
and support personnel, as shown-on the reports from the various
departments, and asked Mr. Annunziato to explain "Amounts not
specified." Mr. Annunziato tried to explain, to the best of his
ability, that the City knows, for example, .that additions to
population require additions to practically all City staffs. Mr.
Annunziato thought what the Police Department was trying to point~
out to the Council is that there is a relationship of wh~ther it
is a combination of this development plus Dos Lagos that means
the need to create another zone or add another police car, at this
point, they would not be able to report to the Council. Mr.
Annunziato thought the Police Department and some of the other
departments felt it was important to bring to the attention of
Council the fact that there are these incremental additions to the
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
AUGUST 17, 1982
jobs that staff has to do. At some point, whether halfway through
this d~elopment or commencing with the next development, Mr.
Annunziato advised that the Council can expect to find some additionS
with the project. He said at this point, it cannot be quantified.
Councilman deLong pOinted out that evidently this will be all
public streets and maintained by the City. He requested Mr.
Annunziato to show the Council the amount. Mr. Annunziato told
Members of Council that the proposal is to construct and dedicate
the major access to this project(construct to City standards and
then dedicate to the City these roads). Councilman deLong
requested Mr. Annunziato to show the Council as they did at the
Planning and Zoning Board meeting. Mr. Annunziato showed the
northern 1/3 and said that at the south there was an entrance at
N. W. 22nd Avenue and an entrance from Congress with a loop
primarily going around the lake.
Councilman deLong called attention to a breakdown the City Manager
provided them with as to what the cost is going to be to the
City in added services into the future also, fire stations, etc.,
additional patrolmenl and he thought the total tax projected year
is $251,487.86. When Councilman deLong came to the list that
Mr. Annunziato provided the Council, he found out that about 50/50
or maybe more than hall there is no amount of money there,
but the amount of money that he did add up was $681,070. He asked
where the City figured to recoup, and if it was in the long range.
City Manager'Cheney was not familiar with Councilman deLong's
figure of $681,070. 'Councilman deLong took it from City Manager's
statements, "employees .... $19,353,' fire & rescue operations
$107,862." City Manager Cheney saw what Councilman deLong had
done. He commented that the City is in the beginning because the
Comprehensive Plan requires it to develop this "cost benefit
analysis" of annexatiOn. City Manager ~heney explained that.the
City is just in the beginning, and they haVe to become more
sophisticated as to how they handle it because cost benefit is not
the only measure for annexation. There are also costs that they
have to face if they do'not annex. He gave unused sewer capacity
that the City already put in as a part of their capital plan. If
there is no return on that, City Manager Cheney said that is a
cost.
City Manager Cheney continued by saying there are some complicated,
sophisticated~things you have to look at. He said Councilman deLong
looked at one item there 'of $107,000 fire and rescue operations.
City Manager Cheney stated the City has to pin that down more as to
what that $107,000 will cover in'%o~l. As Mr. Annunziato~said, City
Manager Cheney continued, just adding this one project by.itsel'f
might not cause anything. Adding several projects on Congress
Avenue will begin to cause more. City Manager Cheney said the City
has not gotten enough sophistication in their process to specifi-
cally answer that question yet.
MINUTES~-'REGULAR CITY COUNCIL MEETING
-~ BOYNTON BEACH, FLORIDA
AUGUST 17, 1982
City Manager Cheney noted t~at they alluded a little bit to it, that
is, the annual tax benefit is indicated in there. He asked the
amount. Councilman Wright and Councilman deLong replied $251,487.
City Manager Cheney advised that would be an annual thing every
year, whereas, a cost for a new fire station is a one time cost
with minimum operation. He said they have not projected those
kinds of things through yet, but they had to do that. That was
Councilman deLong's statement. It seemed as though the expenditures
on some of these things that he recognized is long range planning
also. It is not immediate. He could understand that.
Councilman deLong's statement was that it is going to cost "x"
number of dollars now,.which far exceeds the money that you would
get in, and in the long run you would recoup it. He ~sked if
they remembered him saying that'. City Manager Cheney said that
was right but he just could not tell Councilman deLong that
specifically now.
From the point of view of Florida's general statistics in this
nature, Mayor Trauger said an annexation procedure where you bring
in a group that are already established but the City has to take
over, the pay off actually costs the City in the neighborhood of
7-1/2 to 9 years to come out even with the increase of the taxes
they pay in. Although this is unoccupied at the present time,
when it'starts to build, Mayor Trauger saw no difference in the
economic' analysis that this is an impact that will take about this
time to come out°
Councilman d~Long had the experince of a number of annexes,
particularly down here, and this is not the first one, because they
annexed in Boca Raton. What Councilman deLong was trying to point
out, the way you look at this, it has to ~be explained so everybody
will understand.just exactly that you are in the red for a certain
period of time but eventually yourecoup.it. Mayor Trauger noted that
it merely said gross costs currently. -~
Councilman deLong was qoncerned about the streets up there. He
called attention to the~fact that the City will have a lot of
streets to take care of and a lot of streets to maintain. He said
it had to be definitely agreed up when they go up there to put the
streets in. Councilman deLong said the streets should be up to
standard and not the usual development specifications for roads.
Councilman deLong pointed out that they want the City's specifica-
tions and they have to be adhered to. He said there are two grades
of streets - the City's streets and the development streets.
Mayor Trauger asked if there was any knowledge of the control
internally when this is completed and occupied. He wondered if it
was going to be a condominium association or any kind of a similar
group or all independent people acting on their own. Mr. Annunziato
answered that the applicant has indicated the development will be
one of two sorts, either 'rental or condominium, or perhaps some
conbination of the two. In either circumstance, Mr. Annunziato
,MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
AUGUST 17, 1982
said you are going to have some control. If it is condominium,
Mr. Annunziato advised it will be a condominium association which
will only maintain common property and be responsible for their own
maintenance. If it is a rental project then, because of the size
of it, the applicant would have to have on site a management team.
He could not imagine having 1260 units without some type of on-site
management that the thing would run at all. Mr. Annunziato offered
one point of clarification. When he computed the tax rate, it was
based on an evaluation of $30,000 a unit. He took that from
comparables right off of the tax roll. If this were to be a condo-
minium, Mr. Annunziato said that figure would have to be deflated
somewhat for homestead exemptions.
Mr. Annunziato advised that his figures were based primarily on
this being developed as a rental because that is how it has been
presented to the staff up until just recently. Councilman Wright
thought that some of those units would have to be just fOr rent
because of the clientele. Mr. Annunziato agreed that the market
is there, and .certainly the job opportunities are there with the
Mall and Motorola. He said it would seem to lend itself to that
kind-of development.
City Manager Cheney referred to Mr. Annunziato's last comment
that if they were condominiums and said he suspected that if there
were condominium units there, they would be worth at least
$50,000 or $60.000 and if you subtract the homestead from that
you would still have $30,000. Mr. Cheney thought Mr.
Annunziato's'figures were reasonable whether it is condominium
or rental. He felt it would probably be lower if it was
rental.
Mayor Trauger exPressed concern.that with a great rental unit
like this, it would be another Chelsea Picket or something like
that. City Manager Cheney doubted that ~n land like this. He
said t~at depended in part on who actually-does the developing.
The current owners may sell it or they may develop it. That is
something City Manager'-Cheney said they do not know. Mayor Trauger
remarked, "That is ~the ~isk you take." City Manager Cheney said
they still would not get Chelsea Picket again at.this day and age
in private development on Congress Avenue, as the dollar is not
there.
Mayor Trauger asked if anyone in the audience wished to speak on
behalf of the'request..
Thomas A. Sheehan, III, Esq., of the law firm of MoYle, Jones &
Flanigan, 707 North Flagler Drive, West Palm Beach, stated he was
here, representing the applicant. Attorney Sheehan reaily had
nothing to add, as he thought Mr. Annunziato did a good presenta-
tion. Attorney Sheehan introduced Mr. Wade Riley and Mr. Nate
Adams, representing Riteco Development; Mr. Delfin Menendez,
Planner on the project; and Mr. Rick Rossi, the Engineer.% Attorney
Sheehan said he would be happy to answer any questions.
.... 19 -
.MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
AUGUST 17, 1982
The only question Vice Mayor 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 of-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:
An Ordinance amending the Future Land Use Elements of the
Comprehensive'Plan.
2. An Ordinance annexing the ~pplicant's property.
3. An Ordinance rezoning the applicant's property.
e
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..t~Quncil-
member Woolley seconded the mQtionl, whiCh was ~then 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 Mayor~Trauger, Tereesa Padgett, City Clerk, took
a roll call vote on the motion:
Vice Mayor Warnke - Aye
Councilmember Woolley - Aye
Councilman Wright - Aye
Councilman deLong - Aye
Mayor Trauger - Aye
Motion carried 5-0.
C. Applicant:
PUBLIC HEARING - 8:00 P. M. - (Hearings C & D will be held
concurrently)
William E. Benjamin, II and Point Manalapan
Development Corp.
- 20 -
'hINUTES - PLANNING'AND ZONING BOARD
BOYNTON BEACH, FLORIDA
AUGUST 10, 1982
of Congress Avenue, in the vicinity of N. W, 22nd Avenue, and the
other is in the north central portion of the City-on High Ridge
Road and Miner Road.
Ryderannounced that the matters of annexation wer~ first
He explained that the procedurewould be to have
a the City. Planning Depa~ent,.together with
their recommendation. The Board would then hear from the repre-
sentatives of the applicant and from anybody who wishes to speak
on the matter. FoIlowing 'that, Chairman Ryder said the public
hearing wouldbe closed and the Board would then consider their
decision on the proposed application.
{ 1) ANNEXATION.
Applicant:
Request:
Location:
Legal
Janet Knox Field, as Trustee, andRiteco Development
Corp.
Annexation of 112.68 acre tract of land located on
the WeSt side of No. Congress Avenue. between
Boynton Canal & L.W.D.D. Canal L-21, Boynton Beach
west side of NO. CongressAvenue between Boynton
Canal~& L~W.D.D. Canal L-21, Boynton Beach
Description: Acreage, Land in Section 18, Township 45 South,
......... Range 43 East and Section 19, Township 45 South,
Range 43 East
Chairman Ryder informed everyone that this property fronts on the
west side of North Congress Avenue, in front of the Sand and Sea
Development, and is opposite the Motorola development, which is
now underwayon the easterly .side of Congress Avenue.
Tim Cannon, Assistant City Planner, placed the overlay, and Carmen
Annunziato, Cit~Planner, said the property they were talking about
was that which was crosshatched on themap, bordered on the south
by the Boynton Canal, on the east by Motorola and some vacant
commercial property, on the north by vacant agricultural property,
and on the west by the Sand and Sea Mobile Home development.
Mr. Annunziato statedthat the proposal was to annex approximately
ll0~acres with an added proposal that is part of a zoning action
.to provide for the construction of approximately 1,260 units in a
multi-family mOde.
Concerning the annexation, Mr. Annunziato said there arethree
policies in~eComprehensive Plan upon which the Planning and
.Zoning Board and the City Council have to evaluate applications
of this nature. Mr. Annunziato read the three policies into the
record and his answers to these policy issues. A copy of that
portion of his Memorandum dated July 16, 1982 is attached hereto and
made.a part hereof. (See Page 3 hereof.)
- 2 -
MEMORA UU _ -
,'~h'ai~man and' Members
Planning and zoning Board
Carmen S. AnnunziatO
City Planner
-- '4 --
July 16, 1982
/riLl[
,,.j,~ Application for Annexation,
Land Use Amendment and Rezoning,
RitecO Development corporation
and Janet Knox Field Trustee
~mnrehensive Plan. Policies
_'""'"-"' .... ' e
There are three policies in t?e Comprehenslv Plan
follows:
which address annexations
as
· 'I. ,,~ex'only property which is reasonably
contiguous to .present municipal boundarles;"
· 2..:'Ann'ex pro. pert~r on. ly after the preparation of
a stUd7 evaluating the fiscal benefits of'
annexation '~ersus the. cost of providing service;"
and, ro--e
of
3°' "Annex ?nly P F rties whiChserviceare andSUfficienton
~ 'size tb provide efficient which
urban .development is anticipated-"
- ~In order to determine the consistency of the Riteco
annexation request with the Comprehensive Plan policies, each
of the three policies will be addressed individually-
,, . 1 'roperty Which is reasOnably contiguous
policy 1 . Annex on y P ~ . · ,,
- to present municipal boundaries- .
The Ritec°'tract is contiguous with the Corporate
limits along/~'ts entire eastern boundary (3780 feet) and along
its southern boundar_y for 32~ feet taking into consideration in-
tervening rights-of-way-_.
,, ". rt only after the preparation of a
Policy 2 Annex prop? ~-- ~ ~iscal benefits of annexa-
- studay-eva~ua~n~ ~ ~ - ,,
tion versus the cost of providing services.
In response, to 'Policy 2, you will find accompanying
this memorandum Exhibit 'C' Which compares projected ad valorem
taxes with required.expenditures'
Policy 3 "Annex only properties which are of a sUfficient
size to provide efficient service and on whiCh
urban development is ant~clpate -
As previously stated, the Riteco'tract is 112.68 acres
in size,.and because of the availability of public utilities and
projected road improvements, will soon experience urban type
development as evidenced by the.requested zoning.
- 3 -
'~. ~ ~M~UTES- - pLANNING AND ZONING BOARD
B~NTON BEACH, FLORIDA
AUGUST 10, 19 82
Mr. Annunzi~to advised that it doesmeet Policy 1.
Ih'~resp~nse to Policy 2, Mr-,~ Annunziato prepared a memorandum,'
.~Which compares projected and ad valorem taxes with required
Mr'. Annunziatoattempted to evaluate the number~of
-unitS that Would be placed on the with
rental project on a prorated basis ~ said it.was the evaluation
~aken on 1981:properties off of the 1981 tax roll, based on 1260
~ax projected'based on. current City millage was $25t,487~86 a
year.
~In connectiOnwith annexations, Mr. Annunziato, City Planner, said
~Members weil'know that he asks the staff to complete
..~eview forms to attempt to evaluate the real cost of annexation.
In many instances, Mr~ Annunziato Said it was nearly impossible
to set a figure on the cost of annexation as it applies to the
various departments. ~e provided.for the Members of the Board
.~responses from the departmental review forms, and it .appeared
that under additional salaries, there will be approximately
$127,000 + unspecified a~ounts required to serve this property on
a yearly~basis. For additional annual operating expenses, City
Planner Carmen Annunziato said they know there will be expenses but
they are not able to identify what those expenses Will be.
The same~hing
that there was
$150,000 + unspecified amounts projected in the ~future.
As to Policy 3, Mr. Annunziato thought, anyone would understand at
this point that North Congress Avenue. ~s, and will continue to
experience urban type development, to be added.unto .Motorola and
residential developments which the City now sees under construction.
/ ' n
With respect tO annexat~o , Mr. Annunziato thought that was as much
~as he needed to report right now. He 'suggested perhaps they could
open the public hearing and address the issue of annexation.
Chairman Ryder pointed out~'that this is the beginning of steps that
are necessary Until they reach the actual point of annexation and
the point of development of the areas involved. As Mr. Annunziato
mentioned, Chairman Ryder said the Members had input from the
various department heads with-regard to the impaCt and the effect
this may have on them. They alsO had a projected tax re%urn.
chairman Ryder asked~to hear from the applicant or a representative
of the..applicant.
David $. Pressly, Esq., Attorney for the applicant (Wade 'Riley, Vice-
President of the corporation that signed the annexation agreement
and Nate Adams,.'~.Vice P~eS~dent of the corporation),of the law firm
of Moyle, Jones & Flanigan, P.A., 707 North Flagler Drive, West palm
Beach, Florida 3340~. came~before the Board. He introduced Enrico
- 4 -
/. . .~NUTES - PLANNING AND ZONING BOARD
~ ~' BOY~TON BEACH, FLORIDA
AUGUST 10, 1982
RQssi, the Engineer.
Mr. Pressly stated that--they had no presentation per se but would
~be glad to answer any questions Members of the Board might have-
everything was covered in the annexation
if the Members had a copy of it.
Carmen Annunz£ato, CityPlanner, determined that the Members had
-.seen a copy of the annexation agreement. He said the position of
?i~the applicant in regard in the
~etition for ~olunt-~rir'.~nexatiOn Which was in .the agenda pack-
.~.~:~. ~ Mr. Annunziato
ages that Members of
advised that there wereseveral on the part of both
in this regard.
:rman Ryder asked everyone to. note'that' there were two steps
the matter of annexation; then the Land ~se Amendment
ch is a .follow up~, and the rezoning- Because they are tied
gerber, Chairman Ryder informed everyone that they would go
through them both at the same time. However, when it comes to a
vote, Chairman Ryder said they would treat them separately.
With regard to the ultimate development of 1200 units, Chairman
Ryder asked if 1200 units was right. Attorney Pressly asked
someone in the .audience what the exact amount was. The reply was
1213. From the input the Board had that.'hoPefullythis would
provide housing for posSiblefuture Motorola employees, Chairman
Ryder question~d if %his was right. ~e~asked':Attorney Pressly
if he could answer thelquestions-or if the Board would have to
address it to someone else. Attorney. pressly replied, "Well, if
I can't, we can."
Chairman Ryder asked, "This won't necessarily be an adult
. " Chair~
't 9" '
commun~ y- Attorney Pressly answered "Not necessarily.
man Ryder surmised that' from the stated objectives. He also noted
that the buildings are proposed to be four stories. Chairman
Ryder questioned the access to the various floors. What he had in
mind was if there are~gOing to be children, will there be a cat-
walk type of access to-each of. the floors.
Rick Rossi, Engineer on the project, ROssi and Malavasi Engineers,
I~c., Consulting Engineers-, Suite 407, Forum III, 1675 Palm Beach
Lakes Boulevard, West Palm Beach, Florida 33401-217R, advised that
they did ali of the preliminary work relative to the traffic
studies and the water, sewer and drainage.
As far as catwalk interconnects' between this project and Motorola,
Mr. Rossi said this had been discussed and decided against. There
are a lot of restraints which make it impossible, he continued,
and there had been some voices from Motorola'that there was no
need for them. chairman Ryder did not think they were talking
about the same thing. Mr. Rossi thought Chairman Ryder meant a
catwalk crossing (elevated crossing)'. Chairman Ryder meant access
within each building. He asked if it was going to be internal or
- 5 -
MINUTES - PLANNING AND ZONING BOARD
'" ' ~OYNTON BEACH, FLORIDA
%bY external catwalks.
Conventionally, Chairman Ryder explained, we have-these exterior
~?catwalks for access to the various apartments on each floor. As
~?far as the construction of the building and the architecture
.~ of the ~hought the Architect Should
points, i theArchitect to the Board
Members.
!~i!Delfin Menendez, Architect, Menendez & Associates, Architects and
. Suite 407,-Forum III, 1675 Palm Beach Lakes Boulevard,
Palm Be~ch, Florida 33401-2179, came forward, tn relation
the buildings, Mr..Menendez informed the Members of the Board
at this time they do not hawe a'design for the buildings per
se. They are just based on' unit dimension, Mr. Menendez
..continued!, and they have. been located inthe areas where those
buildings are going to be. Definitely, Mr. Menendez knewthey
are going t~ be four stories;there will be five length variations
of the buildings which means some buildingswill have more units
than others.
AUGUST 10, 1982
Mr~ Menendez said there probably will be a single row of buildings
and they will have just'one exterior corridor probably to access
to some of the units. How' they are going to be designed and what architectur~
features they are going to have, Mr. Menendez was not in a position
to answer_~et.
Chairman Ryder asked what Mr. Menendez' experience has been in
events of .this kind where they have young people and young
children. Chairman Ryder was talking about four story buildings
withoutside walkways. Mr. Menendez replied that the project,
as mentioned before, is going to be one of the major markets
that is going to house the high employment that Motorola is going
to provide for the area and fill the need for'rentals of young
couples and youhg people that, because of economic conditions,
cannot afford the dream of everybody to own a single house where
the children can play.
Mr. Menendez informed the Members that they will provide clean air and
a lot of recreatidrml-facilities; With respect to children living
in multi-story buildings, Mr. Menendez said they were relatively
mediUm sized heightbuildings because the City doeS not.allow for
anything else. Mr. Menendez'could not see any problem if the City
desires those railings. He also could see no place for danger
because it is not the only place where kids are going to live in
a second or third floor.
Chairman Ryder did not know to what extent this prevails and
thought maybe Mr. Menendez could give him some indication of where
theY had instances of-this kind and there has been no problem.
Mr. Menendez reiterated that 'he could not see where it creates a
problem. He infOrmedtheMembers that young people are going to
live there; they will be married couples and will probably have
children. Mr. Menendez'thought maybe if the couples find that
by having children it becomes impossible to live in the apartments,
~ZNUTES - PLANNING AND ZONING BOARD
~ B'~YNTO~ BEACH' FLORIDA AUGUST 10, 1R82
probably move. Mr. Menendez continued bysaying that
definitely is a rental project; that is the intention at this
moment.
~M~.. Annunziato failed to mention~ in connection with the annexation,
~_add an additional descriptiOn tothe annexation to
a portion of Congress Avenue which was never annexed into
TimCannon pointed out on the
City. ly 1-1/4 miles on Congress which is adjacent
DoS Lagos, F & R Builders, Inc.,
'. Mr. Annunziat~'~'~said, "We are
~xed into %heCit~~at this time." Chairman Ryder alsonoted
from
that ~here were assurances that
Canal 21 down, either as a part of Sand Hills' obligation or the
Obligation Of CongreSs:Lakes. Mr. ~_nnunziato stated that he would
address most of those issues in connection with the discussions
that result in the mas~er plan.
Mr. Wandelt 'asked if~_khey would be condominiums or just rentals at
this time. Mr. Menendez answered that the intention of .the parties
indicated right now that it would be to the rental imarket. Mrs. B~nd
aske~ ..Completely?"'; he replie~ At this moment, I would say yes. I have Pad every
indication by the developers that it will be. rentals."
Mrs. Bond asked, "Since Sand and Sea is west of this land that you
are annexing, it seems to. me that you are'blocking. They are not
exactly on Congress Avenue. They are set back. How will you
treat that area for those peoPle to have access to Congress Avenue?"
Mr. Menendez replied that they would have access from 22nd Avenue
the way they have it now. Mrs. Bond pointed out that they will
not have access to Congress Avenue through this property at all.
Mr. Menendez answered, "No, no." He said the only way they have
it now is through N. W. 22nd Avenue.
chairman Ryder/~sked if anyone else wished to speak'on behalf of
this development. Mr.~Rossi, Engineer, asked if they were going
to take the annexation. Chairman Ryder explained that What they
were going to do is handle them both together because they are
interrelated. He said they would be voting on each one separately.
Mr. Annunziato thought they should close the. issue of annexation
and vote on it. Then Mr. Annunziato thought they could address
the Land Use Amendment and Rezoning even though there is an over-
lap in discussion.
Chairman Ryder asked if there ~re any questionsfrom Membe of
the Board, as they would be acting on the matter of annexat' n.
He thought they were aware of what is involved, the nature of the
proposed development, the areas involved and the' fact that~there
are going to be lakes, .and that the density will be somewhere
between eleven units'per acre, that what is proposed is the
construction of four story buildings, and also what is proposed
in the way of density apparently meets with~no objection from the
County.
- 7 -
~' .~ ~INUTES - PLANNING AND ZONING BOARD
' -'~OYNTON BEACH, FLORIDA
AUGUST 10, 1982
Mr. Linkous commented that the only thing they were interested in
now was relative to annexation. He ascertained that it was 112
acres and that they were not relating to any of the other.
Ryder asked if there was anybody in the audience who*'was
~ and whoWould like to speak in opposition'to the proposed
annexation. .There wasno response.
Mr. Linkous moved to accept the petition for Voluntary Annexation.
of'the Petitionersr Janet Knox Field, as Trustee, and Riteco
Development Corporation· The motion was seconded by Mr. Wandelt.
No discussion. Motion carried~6-0.
(2) LAND USE AME~.~NT AND REZONING
Applicant: Janet Knox Field, as Trustee and Riteco Development
Corp.
~Request: Amendment to Future Land Use Plan to show property as
High Density Residential, and Request for zoning
property PUD with a Land Use Intensity of 5.00
Location: West side of No. Congress Ave. between Boynton Canal
& L.W.D~.D. Canal L-21, BoyntOn Beach
PropOsed Use: Multi-familty residential with'recreational and
neighborhood commercial facilities
Legal
Description: Acreage, Land in Section 18, Township 45 South,
Range 43 East, and Section 19, Township 45 South,
Range 43 East
Chairman Ryder explained that."PUD" means Planned Unit Development,
and the City has a number of PUD developments.
Carmen Annunziato, City Planner, informed the Members of the Board
that the second aspect of this application is a request for a
specific zoning category to be applied to the property and, in
respect to that, the proper land use classification to be amended
to our future land use element of our Comprehensive Plan.- Tim
Cannon, Assistant Planner,.put up the overlay for the master plan
of Congress Lakes.
Two things of interest to the Board will be whether or not the
zoning request is consistent with~the Comprehensive Plan policies
and whether or not the future land use category requested by the
applicant is proper for the use, Mr. AnnUnziato pointed out.
The proposal, mentioned by the Chairman and the applicant, is to
construct 1,260 multi-family units at a density somewhat greater
than 11 units per acre. The proposal is to construct these units
in a four story mode with buildings of various numbers of units
per building,'Mr. AnnUnziato continued. Of critical concern
would be'the interface of this proposed high density development
with surrounding land uses, Mr. Annunziato pointed out. For the
edification of the Board, Mr. Annunziato thought it was important.
- 8 -
- PLANNING AND ZONING BOARD
BEACH, FLORIDA
AUGUST 10, 1982
the Members of the BOard to turn to page 2 of his memo, and-he
perhaps they could go .through aline-by line item description
~.of what, if any, land use conflict could result as a part of the
~>~zoning of this property to a Planned unit Development. Mr.
overlay of the Master'Plan
said he would point out to the Board-what
i~nd use ~ptan with our.existing~ )r the
property in question.'~In all instances, Mr. AnnunZiato said the
COmprehensive.~lan,~'
~n certain current'zoning and land use, the property to the north
~s~currentlY unincorporated, zoned agriculture, and isan active
pasture. The property tothenortheast is incorporated, zoned PUD~,
andis the DosLagosdevelopment currently under construction.
The property to the eaSt, Mr'. Annunziato continued, has two proper-
ties in question which are ~adjacent to this property. The northern
one-third is zoned C-3 and is vacant and undeveloped, and the
southern two~thirds is zoned PID and is .MotOrola. Mr. AnnunZiato
further stated that the property to the southeast, or the property
cattycornered to this-site~across the Boynton Canal, is zoned
R-1AA and is vacant and~undeveloped-
Mr. Annunziato told the Board that there are two properties to the
south which interface with this project. The property directly .~
to the south is zoned C-'3, is Vacant and undeveloped, and 'that is
the site of the First American Bank of Palm .BeaCh-County, Mr.
Annunziato informed the Board. He added that they are just about
ready to construct a temporary facility. Mr. Annunziato further
said that the remainder of the property is zoned AG, is vacant
and undeveloped. Mr'. 'Annunziato corrected the above by saying the
remainder of the property is actually zoned CG and AG, and this
is the site of the DeBartolo Mall. Mr. Annunziato informed the
Board that DeBt'rolo has not petitioned for voluntary annexation
into the City of Boynton Beach.
Mr. Annunziato continued bY-saying that the property to the west
is under the jurisdiction of Palm BeaCh County, and it is zoned
RS with a special exception for a trailer park. Everyone knows
that as Sand and Sea.~
Mr. AnnunziatO-adviSed that the future' land use considerations
would permit development to high density residential. He read
from page 3 of his Memorandum of July 16, 1982 regarding Future
Land Use and Zoning. A copy of said page 3 is attached hereto and
made a part hereof as Page 9a.
~Based on the properties that border this tract, Mr. Annunziato
said the land use category of high density .residential is not
improper. He said the City feels that it would not negatively
interface any of the proposed uses.
- 9 -
MEMO.RANDUM
i C.h~irma~ and Mem~.~rs '. ,,,, July 16, 1982 "'
P'laaning and'ZOning Board ,
- . . - · .' II"lt,,IJ .
L Carm n S. Annunzlato
~ --~ .... ' City Planner . · -' ' - .u.~,~ A li " ' ?
i ~ ' . ~.~.. PP cation for Annexat~on,L
j', j . , , . - -.., '. Use Amehdment and Rezoning/
~,~ ' . ~'" '-~i '- · Riteco Development Corporati
· ':. '(-_ : and Janet Knox Field Trustee
Future Land Use--and. Zoning ,
The congress Avenue corridor in. proximity to the.
proposed anneXation will develop into a high intensity land
use area. The reqU":irements of high
among otherS,
..... 1, '-avail~ability of public infrastructure such as
sewer and' water facilities, roads, schools and~
'- other goVernmental f~nction~;
2.. avail'~ability of large tracts of land. in close
, , proxi_mitY to the abovementioned infrastructure;
3. '.'location not only with respect to the County,_
.... 2 '- Region 'and State, but also with respect to ex-
isting and proposed population concentrations.
The Riteco tract lies in the approximate center of
this high-intensity area.with~the property· to the northeast
developing as the Dos Lagos PUD (423 units), the property to
the east exhibitinga potential, for 200,000 sq.ft, of commercial
development as well as the Motorola.office/manufacturing facility,
the property/~o the southeast exhibiting a potential for 734 units
at 7 units per acre., the-property to the south proposed to be
developed into a 1..2 million:sq..ft, shopping mall, as weI1 as out
parcel development to include.a 4.story office building for the
First American Bank of:Palm Beach County, the property to the
west currently' develoPed, as~a trailer park, and the property to
the north exhibiting'the samedevelopment potential as the Riteco
tract.
Based on the intensity of development either
existing, developing, proposed or potential in the Congress
Avenue corridor, and the consistency of this proposal with both
.the Palm Beach County. and Boynton Beach Comprehensive plans, a
land use. ClassificatiOnof HighlDensity Residential and a-zoning
classification of 'PUD with LUI = 5 are appropriate.
- 9a -
' ? ~ ~INUTES PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
AUGUST 10, 1982
Concerning this particular plan; which is a PUD'and, therefore,
subject to master plan__approval, Mr. Annunziato said. they had-
several comments which were. incorporated into the Petition for
· 'Voluntary Annexation and several staff comments which will provide
certain stipulations be met.
Mr. Annunziatb referred the Board to the master plan itSelf and
said they wo~ld see that it is.a project which is bisected in an
lakes whiCh· serve three functions. They
for aesthetics~they serve for fill, and because this is an
ar.ea of a high muck-concentration, these are the areas which were
familiar
!,with to the
west of Congress'. s no surprise that these areas are among the.
last to be developed because there is a development constraint,
Mr. Annunziato continued, not like other development constraints
on other properties ...... That-iSthe location of the muck.
Mr. Annunziato informed the Members. that access to the site will
be from both Congress. Avenue and N. W. 22nd Avenue. Mr. Cannon
pointed out the locations; Mr. Annunziato said there is an
entrance and exit to th~' site somewhat in the middle of the develop-
ment asit abuts N. W. 22nd Avenue. on the northern one-third,
Mr. Annunziato said there is also an entrance to the site off of
Congress. On the southern property, there are two entrances to
the site with the appropriate lining up of driveways with the
Motorola development.
If you have been on Congress, Mr."Annunziato s&id you-might-notice
that these curb cuts already exist and were built as a part of the
reconstructiOn of Congress Avenue.
Mr. Annunziatof60ntinuedby saying the developer is proposing a
comprehensive packagE-of recreational amenities to be constructed
in connection with theresidential development. Hestated that
they are numerous, and~ithey involve both active'and passive
recreation. Mr. Annunziato told the Board that the developer is
proposing to be permitted,'as a part of his sUbdivision's Parks-
and Recreation dedication criteria, to dedicate properties on a
dollar for dollar basiS adjacent to Rolling Green Ridge Park on
· the east side of 1-95 at N. W. 19th Avenue. In that manner, Mr.
Annunziato said the developer would meet his Recreation and Parks
dedication requirement, or he would be permitted to turn that land
into dollars and pay it to the trust fund.
In the review of this application, because it had previously been
reviewed by the Palm Beach County staff, the City has taken the
position that there will be no annexation without consistency with
the Palm Beach County Comprehensive Plan. In this regard, Mr.
Annunziato informed Members of the Boardthe applicant had to
meet a perfOrmance criteria, particularly for road construction.
- 10 -
AUGUST 10, 1982
Annunziato said the applicant has agreed to, in effect, "plug
and N. W. 22nd Avenue
- le"
no. on Congress Avenue between Canal'20
with the construction°f Congress for a four-lane sec~.ion. Mr.
~i. Annunziato said the Petition for Annexation has
.clearly. He said there are' also-some requirements in the traffic
impact analysis to construct turn lanes to~serve the site ~"
with regard ~o staff memos, Mr. Annunziato read the following:
ineeringDept.: ,,ihavenonegative cu~nts.. The agreement'for four
City En~eer) '"
Planner:
Utility Dept,
(Perry A. Cessna,
Director of
utilities)
laning Congress between Lateral Canals 20 and 21-is, in
my opinion, an appropriate, cc~ni~t for the impact
this project will have on the traffic situation."
'~eed to show bike path on N. W. 22nd Avenue."
-~he following me ~ on the master plan - water
and sewer. ~ both water and ~ plans, they have
recreation areas shown that will require both water and
sewer facilities and do not show any method of serving
these sites.
1. -Water l~es have re-sized and re-routed to eliminate
as many dead end lines as possible.
2. Valves have ~been added. I0" water 1/ne'
3. The plans do. not show the existing .
serving Sunny South. ' This water line is on the
north side of N. W. 22D~ Avenue. We have shown two
(2) separate set taps onto this line. in addition
to the change taps on the 16" line on Congress
Avanue.
4. ~ter locations must be at the right of way 1/ne of
easement.
5. Fire hydrant locations may. be required to be changed
- by the Fire Department and if t~hey are located as
shown, they will be required to provide protection
by-posts because of their vulnerability.
1. Lift Station site must be30' x 30',' fenced and
deeded to the City with a Warranty Deed.
2. The 12" force main serving the north section should
-be relocated on the south side of N. W. 22nd Avenue
" O
where there is an existing 10" 1/ne for a 10 ~ roe
. main. ~his will prevent a conflict with the exist-
lng 10" .water Iiue on t~he north side of N. W. 22nd
~ Ave.
In both sections, they show scme manholes in the
dividers. These n~ast be located so. they are
":' accessible for sewer cleaning .equi~rent."
MINUTES- PLANNING AND ZONING BOARD
~'BOYNTON BEACH, FLORIDA
AUGUST 10, 198.2
Mr. A~
above
did st
reques
said ~
Rossi
regard
fotlo~
Fire
Fire
· Mr. ~n
confe:
staff
to di:
The a
lette
Er. k
all tl
Mr.A
Malav
Plann
tette
"4. The drawings indicate :that parking areas are drained
to the center of the road in ~he. same locatic~ as
the sewer gravity lines. One or. the other must be
moved to prevent infiltration through the manholes
during, storms o
5. No sewer gravity line shall be longer than 400'.
6. ~ gravity line connecting the sOUth section to
the north, crossing N. W. 22nd Avenue shall, be'
-~ ductile iron pipe, between manholes.
7.. Bedding of be such as to
: Ompaction ~ meet City sta~ds, which is 95%
- of T-180 Proctor.
~he City will ~ TV inspection for acceptance
and reinspectic~ after i year at the developer's
nunziato did not think it
comments.from the Utility
ate that the appl~iCant has
ted as a part off'Mr, Cessn~
.here was a letter that wen'
and Malavasi Engineers, In~
. Mr. 'Annunziato.continue
s:
)t. "Re size: loc
m D. Cavau~ugh, '.provide adequ
~peCtor):
lnunziato adVised that this
~ence las% week, at which t
, and they met with the Cit
~cuss some of the comments
~swers which were made by t
:from Mr. Rossi, Engineer,
%nunziato informed Chairman
%e questions raised.
;as necessary to. read all of the
)epartment into the record, but he
made the changes which were
's memo of July 29, 1982. He
out from Enrico Rossi, P.E.,
:., dated August 4, 1982 in that
~ to read the staff commentS,~ as
water lines to eliminate dead ends and
:re flow for fire standpipe systems.
Fire hydrant ~ocation shall confonn to City Sub-
division or~3 ~nce, Section XVI, with due consideration'
~ven for .building height.
Free ~g~Fire De~h~nt connections and_fire_
hydrents shall be locat~ a minimum of fifty feet frc~
buil~/ngs and sh~ be ~rot~ fr~ ~hysical
application received a prehearing
he applicant was present with his
~ and the City's staff
~hich were made in these memorandums.
.~e applicant were followed up in a
to Mr. Annunziato, City Planner.
Ryder that they generally cover
~nunziato read the letter from Enrico Rossi, P.'E., Rossi and
~si Engineers; Inc., addressed to Mr. Carmen Annunziato, City
~r, dated August 4, 1982, into. the record. A copy of said
r is attached hereto and made a part hereof as pages 13 and 14.
- 12 -
E.~GINEERS, INC.
CONSULTING ENGINEERS
August 4, 1982
FORUM III- SUITE 407
1675 PALM BEACH LAKES BLVD.
WEST PALM BEACH, FLORIDA 33401-2179
TELEPHONE: (305) 689-0554
Mr. Carmine Annunziat°, City:Planner
P.O. Box 310
Re: Congc~ss Lakes P.U,D, - Technical Review Board Comments.
DearMr, 'Annunziato, ~
~Listed below are the!anSwers to questfons raised at the August 3, 1982, meeting
with the City's TeChnical. Review Board attended by. Wade.Riley, representing~the
owner of ~he proposed.project.
UTILITIES - Perry Cessna, Memorandum of July 24, 1982
1.. The conceptual~master water and sewer plans were revisedand re-
submitted to Mr. Cessna on Monday, August 2, 1982. Mr. Cessna
indicated that the revisions met his requirements.
PUBLIC WORKS - Rick Walke, Comments
1. Containerized garbage collection shall consider dumpster size &
location, minimize backing by packer and allow for 70' turning
radius.. Dumprsterlocations to be worked out with Public Works
Department.
ENGINEERZNG - Tom Clark, P.E.
1. Permit to allow.the existing de-mucking, and dredging operation
shall meet the.stipulation in the Petition for Voluntary Annex-
ation. The SUrety that has been plaCed with the-existing mining
permit with .th[ COunty is to be transferred to the City.
CITY PLANNER - C~rmine~Annunziato, July 27, 1982 Memo
1.-The required bike path has been shown in the master paving and
drainage plan.
2. Storage spaceshalI be provided for boats on'trailers and'travel
trailers.
ENERGY COORDINATOR - Craig Grabeel
1. Area and street l i§hting plan and fixtures shall meet the City
. standards ~<Sodium Type.
FIRE DEPARTMENT -'Roden, Cavanaugh
1. ~Location'andspacing of hydrants and~stand pipes to be coor~
dinated with~City and meet City standards.
BUILDII~G DEPARTMENT - Butt Keehr
1. Building. plot~, plans and "tie-ins" surveys shall be furnished
to.. the~ City on -each building.
PARKS-AND RECREATION - John Wi ldner
1. The develope~Shal'l provide the City with the required rec-
~.eational area ~in accordance with the agreement in the Petition
for Vol untar~y'~Annexati on.
PALM §EACH COUNTY ENGINEERING - Charles Walker, letter dated June 21, 1982.
1. The developer 'has agreed to four (4) lane Congress Avenue from the
North right-of-way line~, L.W,D.D. canal #20, to the South right-of-
way line, L,W.D~.D. 'Canal #21, in accordance with the stipulations
in'the Petition for Voluntary Annexation. Turn lanes on Congress
AVenue have been approved by the County and constructed at the pro-
...... jects two (2).connections South of N.W. 22nd Avenue, the. required
turn lanes.'for the proposed connection to. Congress Avenue lying
North of N.W. 22nd Avenue will be constructed to County standards'
as requi red.
I trust that this responsemeetswith your approval.
Should you have a~y questions,_please do'not hesitateto contact our
office. :
Very truly yours,
ROSSI
IGINEERS, INC.
Enrico Rossi, P.E,
CeCe
Nate Adams
David. pres.sly
Wade Riley
- 14 -
~- ~INUTES - PLANNING AND ZONING BOARD
.~ BOYNTON BEACH, FLORIDA
AUGUST 10, 1982
~ziato advised that these were comments that are addressed
part or. the memos, so there is some new information.
~r. ~Annunziato refer~ed to the comments under "CITY PLANNER" in
Mr. Rossi's letter. He read paragraph 2, .'~torage space shall be pro-
boats on~ trailers and tr~vel trailers", and said this~ would be
With this-great concentration of people,'Mr. ~Annunziato~
said. they f~lt therewould be a problem with recreational vehicles
and a space'should be-allocated for the parking of these, vehicles.
At-this poi~, Mr.~--Annunziato felt the applicant has agreed to all
of the.staff, comments. Because of that, staff has recommended that
this master plan be approved in connection with. the rezoning and
Land Use Amendment request.
Chairman~Ryder asked if the matter of sidewalk.construction had
been addressed and where they would be. Mr.-Annunziato questioned
whether Chairman Ry'~r meant internally or externally. Chairman
Ryder replied, "Externally, on Congress Avenue, and internally.
Also, where will we have public streets within the project, or
won't they~be public Streets?"
In connection with the bonstruction of Congress Avenue, Mr.
Annunziato advised that a bike path has been constructed on the west
side of Congress, which currently exists. However, there are no
sidewalks, as Mr. Annunziato recalled, constructedon N. W. 22nd
Avenue and the applicant has to do that. Chairman Ryder noted'that
the bike path would'Serve this purpose. He wondered if it was~an
asphalt type of surface. Mr. Annunziato replied they will be
asphalt or concrete. Chairman Ryder asked if N. W. 22nd Avenue,
for the extent of the development, will have sidewalks. Mr.
Annunziato replied, "Yes." Chairman Ryder asked if they would be
on both sides. Mr. Annunziato answered that there would probably
be a bike path on one side and a sidewalk on the other. Chairman
Ryder then aSked about within the project. Mr. Annunziato
replied, "On all public.streets within the project, of course.!'
He thought there were going to be some public streets'and said they
would have to have sidewalks on both. sides.
Chairman Ryder asked i-f .~he architect, .at this time, could point
out where the public streets wouldbe projected within the develop-
ment. Delfin Menendez,'Architect, pointed to where public roads
would be and said there would be 6'0 foot right-of-ways. He showed
where they would connect and also all of the parking areas.
Chairman Ryder questioned whether the primary means of access would
be by public roads. (Mr. Menendez's reply was inaudible.) Chair-
man Ryder said that would require sidewalks, which was what he was
trying to arrive at.
In the presentation, Mr. Linkous noted there is Neighborhood
Commercial. He requested Mr. Menendez to point that out. Mr.
Menendez said the Neighborhood Commercial would be.located~at a big
intersection of Congress and this access from Congress, which
access goes into the project north from Congress. Mr. Menendez
- 15 -
~,,MINUTES - PLANNING AND ZONING BOARD
BOYNHSN BEACH,'FLORIDA
AUGUST I0, 1982
said the Neighborhood Commercial would be .located mainly to serve
the ~esidents of the community. Mr. Linkous asked if i{ would be
2-1/2acres or something of that nature. Mr. Menendez, Architect,
answered that it was exactly 2.25. Mrs. Bond questioned wh~t type
of commercial property it would be. er
it would just be a nei, of
the citiZen~, just to serve mainly the residents of the area.
Otherwise,.~hey will have to go out for things.
Mr. Menendez. spoke but his'~remarkswere inaudible as to something
he wished to emphasize. 'He Was requestedby the Recording Secre-
tary to use a microphone.
Mr. Menendez informedthe' Members of the Board that the projects,
in eaCh cluster of apartments, wouldhave their own recereational
facilities which would consist mostly of a bath house and a
swimming pool. He said there would be several small recreational
facilities. Mr, Menendez said there will be one major recreational
facility that willhaveatypeofrecreation around the lake-, They will
have tennis courts, several racquet ball courts, and three club-
houses with s~imming .pools. Also, there will be a
recreational facility at this end with tennis courts and racquet
ball courts, Mr. MenendeZ said as he showed the Members where it
would be located.
Basically, all of the perimeterswill be landscaped abutments from
~he exterior', Mr. Menendez continued. Each group of units will
act as a kind of neighborhood area with its own identity. Mr.
Menendez said they would try to give variety to the inside of the
buildings in. order to avoid having mgno~ony in the designs.
Mr. Menendez thought with all the open space, they would adhere
to the density of. 11.2 units per acre, which density would be some-
~thing that would be allowed with the amount of openings.
Mrs.-~Bond .asked what safety features they had. She pointed out
they were going to have rentals with children, and she wondered
whatthey would have to prevent any mishaps to the children.
Mr. Menendez replied,'-"~ell, that is a very difficult question."
He said they have to design the buildings according to the Build-
ing Strudture Code and provide those necessary requirements when
you are talking about safety on stairs and safety in corridors.
Mr. Menendez did not feel that there was any place that would
cause an event of an accident because the cluster of units are
not directly accessed~by the major road. Definitely, Mr. Menendez
said, the danger of accidents would be minimized.
Ail Mr. Menendez could say in this respect was, "You rent to
people and they eventually have a child born. I 'would suppose
that theywould take care of them." Mr. Menendez pointed out that
these.are not the onlY kids that are going to live in apartments~
There are many placesWhere they will live in apartments.
Chairman Ryder remarked, "The lake will not be used for swimming,.
I take it." Mr. Menendez did not think it would be allowed. He
- 16 -
MINUTES -' PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
AUGUST 10, 1982
thought it would be allowed to~be used for boating and sailing
but not for swimming.
Chairman Ryder thought certain precautions should be taken to make
sure that the kids do not try to go swimming in the lake. Mr.
Zive asked if the clubhouse would have an auditorium. Again,
Mr. Menendez said it was hard for even him to tell what will' fit
in each building, how many two-bedroom units or. how many swimming
pools they will have in the recession of each building. He said
this was. only a conceptdal site plan and they have-ho, design.
Mr.' Zive again askeTd-what would be in the clubhouse. Right now,
based on what they have here, Mr. MenendeZ stat~ed he would say
there would be one recreation center, 2.2 acres of lakes, and it
would contain a clubhouse.. Mr, Menendez.supposed there would be
meeting rooms, game rooms, arts and crafts, and for public, meet-
ings. Then there will be. five tennis courts, 8racquetball courts.,
swimming pool, and a half. acre picnic~ area with tables, benches,
barbequesand parking, so people would not have to walk all the way.
Mr. Zive asked what the total population would be at that area.
He also asked how many apartments they would have over there.
Mr. Menendez replied that they for the number of~.units shown, they
would probably have a total of 1,260. He said'there would be
3,000 people, based on two or three people per unit.
Mrs. Bond wondered hOw large the units would be. Mr. Menendez
answered that basically most of them would be two bedrooms, two
baths. He said there would be some with three bedrooms,, and
some with one bedroom.' The size of the unit for the two bedroom,
two bath would be in the vicinity of between 1,I00 and 1200 square
feet; the three bedroom would be slightly over 1,300, and the one
bedroo~ would be between 800 and 900 square feet.
tn view of the~.~act that the Board had the letter from Enrico
Rossi, Engineer, which summed up concurrance with regard to the
questions raised by the Technical Review Board, Chairman Ryder
asked if there was any point.in having it confirmed at this time
by the applicant. M~o Ann~nziato did not think it was necessary.
Mr. Annunziato informed Chairman Ryder that the Board is interested
in the sewer, water, and drainage system.
~Enrico Rossi, P.Eo (Professional Engineer), Rossi and Malavasi
Engineers, Inc., Forum III - Suite 407, 1675 Palm Beach Lakes
Boulevard, West Palm Beach, Florida 33401, said they had beenwor~k-
ing for quite some time not only with the City but with the County
p~ior to this in the development of the engineeringfeatures of
the project. He informed Members of the Board that the master
water, sewer and drainage plan which accompanied the application
incorporated all of those features which came about as a result
of all of those many meetings with the City departments' staff.
~INUTES - PLANNING AND ZONING BOARD
~OYNTON BEACH, FLORIDA AUGUST 10, 1982
from the standpoint'of water and sewer, Mr. ROsSi said
they were fortunate enough that'there is a water master 12" force
mainwhich runs along the east and along the weSt side of Congress
~_i~'Avenue to which they would be tapping onto to get.their needs'for
that. Mr. Rossi told the Board they wOuld build a sanitary
would
if .these would be new lift stationS.
Mr. Rossi replied, yes. Of course." He continuedby .saying
.ft stations would pump to the force mainland of course these
.ties (once they and inspected) will be
~ would be' true.of.the water as.well' Mr. RoSsi the
Membersof the Board. ~.~Mr. Rossi advi~ there
was a commitment that ~as written' into the AnnexatiOn Agreement
share
that deals with the subj ~ additional'
in.the cost of.increase sizing t
units that they intend .to put on, as shown Use
Plan for the. City!).
Mr. Rossi said there was a .feat~re incorporated on this thing that
if they are required to commit themselves to the ex~tra sizing of
lines to take care of their ad~itiohal needs. Basically, Mr.
Rossi told the Members 6f the Board that the property that has
been outlined by Mr. Annunziato was developed in the scope that
the Members could see it in because ther'e-was a large vein of
muck that--arrested thel. property. He said theywere in the process
now of having a contract and a mining permit to remove what
he estimated to eventually be about 600,000 yards of-muck. ~Mr.
Rossi said they were now about 110,000 yards of muck down the road
towards that end. Mr..Rossi added that it gets as deep as 18 feet
in some places.
Mr. Rossi infOrmed,Members of the Board that the plan of reclamation
and the contracts that they now have with'the people that are out
there developin'~ in the demuckin~ as well as the plan of reclamation,
calls for restoration of the contours back to buildable levels
through the p~ocess of dredging thebottom of the lakes that have
muck to be removed. Mr.-Rossi said they.propose to do that in
phases. He told the Membersthey are now doing the south phase,
~hich is essentially .the bottom half of that portion that winds up
22nd, which, is~ ~ne phase of the development demucking reclamation.
Chairman Ryder asked Mr.' Rossi how 'deep the main or large lake is.
Hopefully, Mr. Rossi answered it will go down to an elevation of
minus 23~ which wOuld put it at about 33 feet deep. What they
incorporated into the 'design is that the lake slopes shall be a
maximum slope of one On five, which meets the City criteria, the
County criteria, and the criteria of the South FlOrida Management
District, Mr. Rossi continued. He said they have to comply with
their regulations aS--far as safety of the slopes, which will be a
maximum of one on five,.so people can walk down safely and come
back. out. Mr. Rossi.~.pointed out that there are a lot of constraints
that are put on ir'beSides the City's.
Mr. Rossi advised that they have already gotten the conceptual
~INUTES - PL~NNINGAND ZONING BOARD
~;BOYNTON BEACH, FLORIDA AUGUST 10, 1982
in this process from the South Florida Water Management
He said'they have met criteria from the standpoint of
flood levels, lake sizes, and quality of water that enters the canal
.system through controls or regulations. Mr. Rossi further said that
eaCh detail will be developed as. they go.ahead towards the planning
:age and addreSs themselves to amore conceptual plan which would
~any the application.
Chairman Ryd~r asked ~ow they would take care of irrigation of the
areas. Mr. -~ssi'reptied that there was an obvious place.,
oft~e weight-systemand its location (that it is centrally
would be a place where you could put irrigation pumps and
~m~n~~ t°~ot~ee~ ~!~t~s ' Mr~h~na~e~e ~ ?ne~ ' d~% tth
think there is any need for it in this case." As far as'City
water, Chairman Ryde~assumed there would be one master meter' because
of the nature of the occupancy. Mr'. Rossi thought they would
probably put ameter"for each.bUilding. He said that is the way it
is nowconceptually !tlaid out on'the water plan'- a meter perbuild-
ing.
Enrico Rossi, Engineer, continUed by telling the Board that basically,
there are certain commitments, for four-laning of 22nd Avenue tot heir
entrance. He reminded.-the Members thatthey haVe gone into detail
of the applicant's commitments for four-laning Congress Avenue as
far asthe obligationon the part. of the developer and the number
of meetings with the~City's staff and the County,s staff in develop-
ing a four-lane section which is acceptable to the' County~and
establishing those limits.
Mr. Rossi concluded bY saying that basically, those were the high-
lights on the water, sewer and drainage, unless the Members had a
question. --
Chairman Ryder/asked Deifin Menendez, Architect, how close the
buildings are to each~otherl Following the City's regulations~ Mr.
Menendez replied that~'.the minimum distance is forty feet between
buildings or forty feet~SetbaCks'from the public right-of-way. He
added, ,.Anyway, that Would.~be in the closer areas," and indicated
the areas he meant. Mr-,.Menendez showed one area that would front
On the lake but would'~be back to back to the public parking areas.
He said otherwise, the-'reclamatiOn would not be effective.
Mr. Linkous asked Mr~ Menendez if this was a hypotheticalconfigura-
tion or pretty much the way it is going to be~ Mr. Menendez
answered that'he would say the final site plan and project would be
very close to that. Once they know exactly the .shape and' configura-
tion of the buildings, Mr'. Menendez'said they would work around that,
but he did'not think the lOcation of the buildings in the perimeter
of the parking with the'parking center location is going to change.
Mr. Menendez clarified the situation by saying they are in excess
of the number of parking spaces required, and they show parking of
- 19 -
· ~'~INUTES - PLANNING AND ZONING BOARD
~dBOYNTON BEACH, FLORIDA
AUGUST 10, 1982
about ten feet wide. The City 'now has dropped the requirement for
parking to nine feet, which will make an increase-~in the green
.a. rea in those parking areas by 10%, and that will provide them with
.much more flexibility and more freedom in the design of eachof these
· Mr. Menendezcontinued.
Mr. Me~endez advised that.before, they acceptedaverygood~-
from the City staff to set up such an area for recreational
vehicles and boat storage and .thHt ~he~maintain-avery clean
appearance tO the develOpment.
Mr. Wandelt asked howl. many acres of land there were after the lakes-
are dug. Mr. Menendez lookedat his calculations and replied that
they have a total of 25.3 acres of lakes, and that left themWith
approximately 88.7' acres of land that will include all roads and
parking areas.
David S. Pressly, Esq,, Attorney for the applicant, clarified one
'thing. The plan now calls for rental units. Attorney Pressly
informed the Board that the developer would like to reserve the
right to accommodate whatever 'the public wants in the future, whether
it be condominiums or r~ntals.- Chairman Ryder was glad Attorney
Pressly mentioned that-because he thought· to some extent· this would
be a concern to Members of the Board and possibly to Members of the
CounCil ..... With the understanding that it is not locked in, Chairman
Ryder thought they could proceed on that basis. Mr. Annunziato,
City Planner· did not see that there was any problem. Chairman
Ryder explained that this was a preliminary stage and eventually
they will have the site plan, which will be more definitive and
prObably more final,'so the City will have a chance to go into the
matter of the tYPe of Occupancy that they will have here.
Having gone over this for 15 months, Mr. Linkous was sure every-
thing has beentdrawn out. One thing that hadhim concerned a little
bit [using a quick calculation of 2.5), Mr. Linkous said there are
about 5,000 units either Started. or going to start along Congress.
He stated that he would'assume that signalization etc. has been
worked out on Congress. Carmen Annunziato, City Planner, said there
is a need for signalization at-22nd Avenue and Congress Avenue.
.Mr. Linkous asked if that should not be addressed. Mr. Annunizato
said it was being constructed now.
Mr. Linkous questioned if it'would be paid by the County. Mr.
Annunziato informed the Board that the signalization would be paid ~
by the County and DeBartolo in part. Mr. Wandeltdetermined that
there will be a signal there. Mr. Annunziato further informed the
Board that it will actually be paid for by the Department of Commerce
~in a minor contract with Palm Beach County, and the money is matched
with 1.7 Million Dollars from the DeBartolo Mall. That is how
Congress Avenue is being constructed.
Mr. LinkOus brought'that out'because he was concerned'. He said
they asked the people on Federal Highway, which is commonly known
as "Hamburger Row" to pay for those signal lights, and b~. Linkous
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~ ~MINUTES - PLANNING AND ZONING BOARD
"; '~OYNTON BEACH, FLORIDA
AUGUST 10, 1982
~ertainly did not want to discriminate andlet the
costs.
Chairman Ryder asked if anyoneelSewishedtospeak in favor of the .Land
Use Amendment and Rezoning. There was no response. Heasked if
wished to speak~in opposition to the application. There
respQnse.
|
THE PUBLIC'HEARING WAS CLOSED-.
n the northeast 6f-~he subject property, Mr. Linkous believed
here were 2D acres of C-3. Immediately south of the property, he
asked and was informed by Mr. Annunziato, there is about a 1/4
section. Mr. Linkousdid not see any reason for another piece'of
land to be ~zoned C-3.' He~.~pointed out that it would have to be
C-3 or C-2. Within 1,000 feet, Mr. Linkous said there were 20
acres zoned C-3. Within 1,500 feet south of it, you have 140 or
150 acres and, personally, Mr. Linkous did not see any reason for
it. Chairman Ryder-~id not think they had put a "handle" on it.
Mr. Linkous disagreed, saying, "Yes, we have."' Mr. Annunziato
explained that it would be zoned in the Planned Unit Development
(PUD}; it would not ca~ry.a different Zoning classification. In
other words, Chairman Ryder noted, it would be part of the PUD
so, actually, it would'not have the category of a C-3. Mr.
Linkous' point was that it would be: business. Mr. Annunziato and
Chairman Ryder agreed that it would be business.
Mr. Annunziato advised that it would'not carry a ,C" claSsification.
He said it would be zoned the same category as a Planned Unit
Development because a Planned Unit Development provides for a
certain minor amount of commercial to be.constructed within the
confines ofthe Planned Unit Development not accessible from
exterior roads. He added that it will still be stores. That was
Mr. Linkous' pqint. Mr. Linkous had no ~idea of who owned the 20
acres almost across the street from this property. Mr. Annunziato
informed him it was-the same property owner. Mr. Linkous commented,
~"That satisfies that, so you are not competing with anybody. You
are competing with yourself." He told the applicant he was trying
to protect the man who'owns the 20 acres.
Mr. Nate Ad~s,..VieePresident of RitecoDevelopment Corp., 940 Bowline
Drive, Vero Beach, Florida, spoke up to say that they do not want
outside people to come'into this 7-11 or whatever will be there
because they will want to use the short cut to get over to the Sand
& Sea, Military Trail, and all of the rest of them. Mr. Adams
told the Board that they want to make sure that they have made sure
in their plans that you do not have access from Congress Avenue to
this piece of proPerty; you have to come inside of the development
in order to get to it.
Mr. Linkous thought when he had Mr. Menendez check it that he
-bordered it on Congress. Mr. Adams replied that it borders on
Congress but it is all buffered, and you cannot get to it from
Congress. Mr. Menendez, Architect, explained again that at the
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~MINUTES - PLANNING AND ZONING BOARD
~ BOYNT~N BEACH, FLORIDA
AUGUST 10, 1982
corner of Congress Avenue, without any access from Congress, you would
have to enter at a point he designated on the plan. He showed where
you-would have to exit, and stated that the access is-within the
property. Vice Chairman Winter noted that it would discourage any-
one. Mr. Menendez saidit woul~ be very conVenient to the _people.
It..wii1 be a typical neighorhood facility where they can buythe
gallon of milk'and bread and something that they~would need
immediately.I
Mr. Annunziato reiterated that the staff recommendation was-that
the land use amendment and rezoning be approved, the land use amend-
ment being from Agricultural to High Density Residential and the
zoning recommendation being again Agricultureto PUD (Planned Unit
the.recommenda-
the staff
comments as contained'in the letter from Enrico Rossi, Architect.
Mr. Linkous.moved to'approve the Land Use Amendment and Rezoning as
requested by Janet Knox Field, as Trustee, and Riteco Development
Corp., subject to staff comments and the letter from Enrico Rossi,
Professional Engineer, Rossi and Malavasi Engineers, Inc., Consult-
ing Engineers, Forum III, Suite 407, 1675 Palm Beach Lakes Blvd.,
WeSt Palm Beach, Florid& 33401, dated August 4, 1982, addressed to
Mr. Carmen Annunziato,-City Planner. Mr. Wandelt seconded the
motion.
Chairman Ryder wished to go back to the reference that was' made to
the fact that the type of occupancy might be flexible before taking
a vote. He thought it was something the Members might be concerned
about and also that the Council might be concernedabout. Chairman
Ryder pointed.out that it is a matter of record now that there is
some flexibility there. He thought itmight have some value.
A vote was taken, on the motion, and the motion carried 6-0.
PUBLIC HEARINGS: 7:30~P. M.
(3) ANNEXATION
Applicant:
Request:
Location:
Legal
Description:
Willi~mE. Benjamin, II &Point Manalapan Develop-
ment Corp.
AnneXation of 65.80 acre tract of land located
between High Ridge Road & Interstate 95, approxi-
mately one mile South of Hypoluxo Road, together
with~adjoiningSeaboard Airline Railway & Inter-
state 95 rights-of-way
Between High Ridge Road & Interstate 95, approxi-
mately one mile South of Hypoluxo Road
Acreage, Land in-Section 9, Township 45 .South,
Rankle 43 East
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