Town of Ocean Ridge
6450 North Ocean Blvd.
Ocean Ridge, FL 33435
www.oceanridgeflorida.com


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Public Hearing and Special Meeting of the Planning and Zoning Commission of the Town of Ocean Ridge held on Monday, January 12, 2004 in the Town Hall Meeting Chambers.  

The meeting was called to order at 5:30 PM by Chair Bruce Gimmy and roll call was answered by the following:  

                        Gerald Goray                                       Mauro Walker

                        Ward Northrup                                    Peggy Smith

                                                Chairman Bruce Gimmy  

III.       Approval of Minutes

            A.        February 10, 2003

            B.         November 10, 2003  

Mrs. Smith moved to approve the minutes of February 10, 1003 , seconded by Mr. Goray  

Motion carried - yea 5.  

Mr. Northrup moved to approve the minutes of November 10, 2003 , seconded by Mr. Goray  

Motion carried - yea 5.  

IV.       Public Hearing of the Local Planning Agency on Proposed Comprehensive Plan Text and Map                Amendments

            A.        Resolution No. 2004-01; Authorizing the Transmittal of Text Amendments to the Town of                           Ocean Ridge Comprehensive Plan to Revise the Land Use, Recreation and Open Space, and                           Capital Improvements Elements, and to Revise the Future Land Use map for Town-Owned                         Property Located at the Northwest Intersection of S.R. A1A and Woolbright Road on the                            East Side of Midlane Road from Preservation/Conservation to Public Ownership           

Town Clerk Hancsak read the above resolution  

Mr. Goray questioned if there were any legal criteria that the board would need to know with which to reach a decision by. Atty Scheck advised that the meeting was being held to determine the merit of the code. He stated that the State requires review by the Department of Community Affairs and the Planning and Zoning Commission is sitting as the local planning agency to make a recommendation to the Council whether to approve or deny the request for Comprehensive Plan Amendments.

Town Atty Spillias stated that the Town was proposing three amendments to the Comprehensive Plan which had not been amended since it’s adoption in 1989. He advised that the presentation would be given by Atty Erin Deady, of the firm Lewis, Longman and Walker.

Presentation by Atty Erin Deady attached.  

Public Comment  

James Bonfiglio, 5616 N Ocean Blvd , advised that he has legal representation who will be forwarding a letter to the Town outlining his general objections to the change of the plan. He stated that he felt the Town took the Woolbright site from the National Wildlife Federation as a gift and had a moral obligation to keep the site Conservation Preservation. Mr. Bonfiglio also felt that the Town was attempting to change the land use to Public Ownership to house a facility for the drainage project. Mr. Bonfiglio mentioned that there is an issue with his deck that abuts the property that will also be outlined in his letter of objections. He stated that he reviewed the documents and felt that sometime in the future the Lake Worth Lagoon will require increased pollution control levels. Mr. Bonfiglio stated that the retention/detention pond currently does not meet the minimum requirements by one half and may be notified in the future that they are not doing enough for pollution control. Mr. Bonfiglio requested that the Planning and Zoning Commission not recommend approving the Comprehensive Plan Amendments to the Town Commission.

George Bierlin, 26 Hudson Ave. , stated that there are three encroachments on the Woolbright site which included Mr. Bonfiglio’s deck, an actual road and a concrete sidewalk. He felt that the site should be utilized as relief of stormwater for hundreds of homeowners.  

Rose Durando, 10308 Heritage Farms Rd, Lake Worth , stated that the Town accepted a donation by Mrs. Whitney and felt it was clear what should be done with the property. Mrs. Durando mentioned that a plaque was to be up honoring the Mrs. Whitney and the Wildlife Federation and the property was to be cleared of exotics. She stated that the property is nice and should be kept as a Hammock area. Mrs. Durando also felt that the engineering was inadequate and the Town was ethically obligated to the National Wildlife Federation for a donation for environmental causes. Mrs. Durando stated that the P&Z should vote for a legitimate Comprehensive Plan.  

Gerry MaGruder, 9 Ridge Blvd. , stated that the through major managerial trouble the Town has financial problems. She mentioned that the Town is using a second attorney and is utilizing a lot of money. Mrs. MaGruder advised that she was concerned with getting the Hammock right and with the housing building for the generator. She felt that it could be done right without changing the zoning to Public Ownership.

Donald MaGruder, 9 Ridge Blvd. , stated that his property abuts the property at the Woolbright site. Mr. MaGruder felt that part of the drainage problems in the south end of Town is caused by the construction of mega properties without enough pervious area. He also mentioned that the hammock area was supposed to be kept free of invasive plants and did not feel it has been maintained by the Town. Mr. MaGruder stated that the detention area was going to reduced in size, the bottom was going to be raised, the housing building was going to be moved further south away from the homes, and diesel pumps were going to be changed to electric pumps. Mr. MaGruder stated that the only mention of changes in the packet was to raise the ground level and requested that the Commission consider placing a restrictive covenant on the property if it is approved for a zoning change. He stated that another concern was the possibility of a recreational park and pathway on the property without restrictions on public use for the future.

Atty Erin Deady stated that some of the concerns mentioned were site specific and advised that the changes being presented were only general Comprehensive Land Use language.

Mrs. Smith questioned the meaning of “public” in regards to land use and wanted to know if it accurately described what the intent of the land use was going to be. Atty Deady explained that the wording was a land use classification and the actual use of what can be done on a public ownership land use designation are defined by the code.  

Mr. Walker asked if the P&Z commission was being asked to place restrictions the plan for the building relative to the location and size. Atty Deady answered that restrictions were not necessary during the process of a Comprehensive Land Use Amendments and that restrictions could be placed once the site plan has been developed and comes back within the Special Exception process.

Atty Scheck advised that the P&Z Commission does not have the ability to place restrictive covenants during the Comprehensive Plan Amendments, however, the Town does have the authority to do so at a later point. Atty Deady added that the reason the permit was going back to the South Florida Water Management District was to address some of the concerns from the residents. Atty Spillias stated that Public Ownership uses are much broader and the technical issues and concerns have been addressed in the new permit modifications and they can also still be addressed by the Commission.

Atty Deady mentioned that the P&Z is considering that the 1989 Comprehensive Plan has the flexibility to address the drainage project once the site specific issues are worked out. She stated that the provisions need to be updated to insure that the project can be implemented and consistent with the plan.  

Mr. Goray stated that he felt the meeting was excellent and the comments from the staff and public were helpful. He mentioned that that he has concerns with how the housing building was going to look and where it would be placed because it would be a signature of the community.

Mr. Goray advised that Board will have the ability to address the technical issues during the re-zoning and also stated that it was an excellent opportunity to recommend approval of the process. He stated that the approval allows the plan to move to Tallahassee to be reviewed by the local political arena and give feedback. Mr. Goray felt that third party objective input would be helpful in this situation and that the Town still obtains ultimate control. Mrs. Smith agreed with Mr. Goray.  

Mr. Northrup moved to recommend the amendments to the Comprehensive Plan for the recreation and open space elements, capital improvement elements and to revise the future land use map as submitted by the Town Attorney and staff, seconded by Mr. Walker.  

Motion carried - yea 5.  

V.        Discuss pending and future meeting dates  

Town Clerk Hancsak advised that a meeting has been scheduled for February 9, 2004 at 8AM for the Ocean Ridge Yacht Club.  

Town Clerk Hancsak also advised that the Town Commission has directed the Planning and Zoning Commission to review landscaping in improved rights-of-ways. She mentioned that the P&Z has already reviewed the landscaping unimproved rights-of-ways and meetings will needs to be scheduled to discuss the landscaping in the improved rights-of-ways.  

Mr. Northrup questioned how the P&Z would handle reviewing improved rights-of-ways. Town Manager Dailey stated that there have been discussions on what should be allowed in right-of-ways in front of resident’s homes throughout Town. She advised that other Town’s have been contacted to determine what their policies are for planting in improved right-of-ways.  

Chairman Gimmy suggested digital photos be taken and agreed that the improved right-of-ways should be reviewed by the P&Z. Town Manager Dailey added that citations were issued and were put on hold by the Special Master until there is a decision made by the Commission.  

Mr. MaGruder requested that the Inlet area also be reviewed because it looks terrible and is a safety hazard.  

Chairman Gimmy stated that the right-of-way distance is usually 10’ from a residence and questioned if staff could determine if that was consistent throughout Town.  

George Bierlin, 26 Hudson Ave. , stated that the right-of-ways on Coconut Lane and Hudson Avenue are 60’.  

VI.       ADJOURNMENT  

The meeting was adjourned at approximately 6:40 P.M.  

 

                                                                                    ____________________________

                                                                                    Chairman Gimmy

 

Attest:

_______________________________

Town Clerk