O89-18 ORDINANCE NO. 89-18
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO. 80-19 OF SAID
CITY PURSUANT TO AN ORDER OF THE CIRCUIT
COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
BY REZONING SEVERAL PARCELS OF LA~D
WITHIN THE CITY OF BOYNTON BEACH,
~ FLORIDA, FROM R-1-A (SINGLE-FAMILY
__ RESIDENTIAL DISTRICT), R-3
(MULTIPLE-FAMILY DWELLING DISTRICT), AND
REC (RECREATION DISTRICT) TO PLANNED
UNIT DEVELOPMENT WITH A LAND USE
INTENSITY OF 5.0 (PUD LUI 5.0), SAID
PARCELS BEING MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING THE REVISED
ZONING MAP ACCORDINGLY; PROVIDING THAT
ALL DEVELOPMENT OF SAID PROPERTY SHALL
PROCEED IN STRICT COMPLIANCE WITH THE
DEVELOPMENT PLANS AS SUBMITTED AND
APPROVED AND ALL APPLICABLE ORDINANCES
OF THE 'CITY OF BOYNTON BI,CHi, FLORIDA;
PROVIDING A CONFLICTS CLAUSE; A
SEVERABILITY CLAUSE; A~ EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, has heretofore adopted Ordinance No. 80-19
in which a revised zoning map was adopted for said City and;
WHEREAS, Kieran J. Kilday, as agent for the applicant,
Tradewinds Development Corp., d/b/a TRADEWINDs GROUP, and
the owners of the subject parcels, has heretofore filed a
Petition with the City of Boynton Beach, Florida pursuant to
Section 9 of Appendix A-Zoning of the Code of Ordinances,
City of Boynton Beach, Florida for the purpose of rezoning
certain parcels of land consisting of approximately 86.6191
acres (±) located within the municipal limits of said City,
said property being more particularly described hereinafter,
from R-1-A (Single Family Residential District), R-3
(Multiple-Family Dwelling District) and REC (Recreation
District) to Planned Unit Development with a Land Use
Intensity of 5.0 (PUD LUI 5.0); and
WHEREAS, the City Commission entered into a Stipulation
and Settlement Agreement which was approved by Judge
Rudnick's Order Approving Settlement Agreement on November
6, 1986, and subject to a further Order by Judge Rudnick on
January 27, 1987, and subject also to a Mandate and Opinion
from the Fourth District Court of Appeal on July 22, 1988,
which affirmed the trial court's Orders, and subject also to
Judge Rodger's Order Granting Tradewinds Motion for Contempt
on October 21, 1988, and lastly, subject to the Fourth
District Court of Appeals Per Curiam Affirmation of Judge
Rodger's Contempt Order on June 7, 1989, copies of which are
all attached hereto, and the City Commission is, therefore,
being required to comply with the aforesaid Stipulation 'and
Settlement Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA;
Section 1: That the following described land,
located in the City of Boynton Beach, Florida, to wit:
See attached Exhibit "A"
be and the same is hereby rezoned from R-1-A (Single Family
Residential District, R-3 (Multiple-Family Dwelling
District), and REC (Recreation District) to Planned Unit
Development with a Land Use Intensity of 5.0 (PUD LUI 5.0),
which intensity is determined to be appropriate under the
circumstances agreed upon by the City in said Stipulation
and Settlement Agreement and in conformity with the
Comprehensive Plan of the City of Boynton Beach, Florida.
Section 2: That the aforesaid Revised Zoning Map of
the City shall be amended accordingly°
Section 3: That the application of the owners and
agents of the subject property for rezoning is hereby
granted for the purpose of permitting the development of
said land as a Planned Unit Development (PUD) specifically
in accordance with the aforementioned Stipulation and
Settlement Agreement and Court Orders in Case No. 86-3661
(CL)A, all which respectively enforced the Stipulation and
Settlement Agreement and found this City in contempt of
court.
Except as provided herein, the Applicant shall proceed
to file site plans of any part or all of the PUD for review
by the appropriate departments of the City government in
accordance with the Ordinances of the City of Boynton Beach,
and the site plans shall also be subject to review with
respect to subdivision, platting, building permitting, and
any or all applicable rules and regulations of any
governmental entity having jurisdiction over land
development and building permitting within the City of
Boynton Beach.
Section 4: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 5: Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 6: This Ordinance shall become effective
immediately upon passage.
SECOND READING and FINAL PASSAGE this~7~day of
CITY OF BEACH,
Mayor
C6mmissioner
FLORIDA
ATTEST:
Ci't-y ~erk
(SEAL)
Commissioner
EXHIBIT "A"
DESCRIPTION: OVERALL P.U.D.
A I'OI~TION OF ~E~'I'ION 29, TOWNSIllP 45 SOUTII, I{AN(;E 43 £AST~ PAL~
IJI{ACII COUN'I'¥, FLORII)A AND A POIJTION.gF "LAKE BOYNTON ESTATES,
Iq,AT l"~ AS RECORDED IN PLAT BOOK 13, PAGE 32 ~ND "LAKE HOYNTON
ESTATES, PLAT 2", AS RECORDED IN PLAT BOOK I4, PAGE 17 AND 'LAKE
BOYNTON ESTATES PLAT 3", AS RECORDED IN PLAT BOOK 13, PAGE 53,
ALL IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND
BEING HORE PABTICULARLY DESCRIBED AS FOLLOWS:
COMHI::NCING AT TIlE SOUTIIEAST CORNER OF SAID SECTION 29, TOWNSIIIP
45 SOUTII, RANGE 43 EAST; TBENCE N. 0I 34' 16" W. ALONG TIlE EAST
I.][NI:: OF SAIl) SECTION 29, A DISTANCE OF ]000.64 FEET TO TIlE POINT
O1" BEGINNING OF TIIIS DESCRIPTION; TIIENCE S. 88 26 ' 13" W. , A
DISTANCE OF I93.30 FEET TO A POINT OF CURVATURE; THENCE WESTERLY
Al.ON(.; TIlE AEC OF A CURVE TO ']'lie RIGIIT IIAVING A RADIUS OF ],O00.O0
IFEET, A CENTRAL ANGLE OF 10 42' 04,", AN ARC DISTANCE OF 186.77
FEET TO A POINT OF REVERSE CURVATURE; THENCE CONTINUE WESTERLY
AI,QNG ']'lie ARC OF A CURVE TO TIlE LEFT, IIAVING A RADIUS OF 1,000.00
FEI::T, /% CEN']'RAL ANGLE OF 10 42' 04", AN ARC DISTANCE OF 186.77
1'~1';1'71' TO /% POIN',I' Ol" TANGENCY; TIIENCE S. Ell 26' 13" W., A DISTANCE
O1" 573.01 I"EI':T TO A POINT ON CURVE; '/'IIENCE SOUTIIERLY ALONG TIlE
AU, C OF /% CURVE TO TIlE RIGIIT WIIOSE RADIUS BEAI;~S S. 70 47' 23" W.,
IIAVlN{.: A I,~AD1US OF 1830.00 FEET, A CENTRAL ANGLE OF ]7 3[J' 50",
AN ARC DISTANCE OF 563.64 FEET TO A POINT OF TANGENCY; TBENCE S.
Ittl 26' 13~' W., A RADIAL DISTANCE OF 80.00 FEET; TIIENCE NORTIIERLY
AI,ONG TIlE ABC OF A CURVE TO TIlE LEFT IIAVING A RADIUS OF 17';0.00
I:'EI':T, A CI":N'['BAI, ANGLE OF Il 29' 34", 15.N ABC DISTANCE OF 351.03
FI','I::T; 'I'III:~NCI'~ S. 88 26' 13" W., A D/STANCE OF 483.87 FEET TO ,%
POINT OF INTERSECTION WITII TIlE EASTERLY RIGIIT-OF-WAY LINE OF TIlE
I..AKE WOl:.'rll DRAINAGE DISTRICT CANAL E-4, ,%S DESCRIBED IN QUIT
CI.A]M I)EEI) TO LAKE WOR']'II DRAINAGE DIS'I'll/CT ,%ND RECORDED IN O.R.
BOOK 2]46, PAGE 176 OF TIlE PUBLIC RECORDS OF PALM BEACII COUNTY;
'l'lll-:i'sCE N. 20 54 ' 51'l W. , ALONG SAID EAST R/GIlT-OF-WAY, A
r)]l .';T/INCl.: DJ~ 875. 39 FEET TO AN INTEl{SECTION WITII 'file WESTERLY
['I.'(3.';ECTION Of.' TIlE SOUTII LINE OF '~ALH BEACll LEISUREVILLE SECTION
3 ", ACCORDING ']'O ']'lie PLAT TIIEREOF AS RECORDED IN PLA']' BOOK 28,
PAGES 243 AND 244 OF TIlE PUBLIC RECORDS OF PALM HEACII COUNTY,
FLOR/DA; TIIENCE N. 65 52' 06" E., ALONG SAID SOUTH LINE, A
DISTANCE OF 248.35 FEET TO THE SOUTIIEAST CORNER OF LOT 4, BLOCK
23 OF SAID "PALM BEACH LEISUREVILLE SECTION 3";THENCE N. l~8 26'
51" E., A DISTANCE OF 60.00 FEET TO TIlE EAST RIGHT-OF-WAY LINE OF
S.W. 8'1'1! STI{EET; TIIENCE N. 01 33' 09" W. ALONG SAID EAST LINE OF
S.W. BTII STR. EET, A DISTANCE OF 1,640.08 FEET TO TIlE NORTIIWEST
COR{;I::II OF LOT 12, BLOCK 20 OF SAID "LAKE BOYNTON-ESTATES PLAT 1":
TIIENCI:: N. IIlI 26' 13" E., ALONG ']'liE NOI{Tll LINE OF SAID BLOCK 20,
/% DISTANCE OF 250.00 FEET 9'0 ']'lie NOR'I-'IIWEST CORNER OF LOT 7 OF
S/ill) BI.OCK 20; TIIENCE S. 0I 33' 09" E., /% DISTANCE OF 120.0 FEET
TO TIlE SOUTIIWEST COHNER OF SAID LO'].' 7; TtlENCE N. 80 26' 13" E., A
DISTANCE OF 50.0 FEET TO TIlE SOUTIIEAST CORNER OF SAID LOT 7;
'J'IIENCI': S. 01 33' 09" E., A DISTANCE OF 170.0 FEE'I' TO TIlE
NOR']'IIWEST CORNER. OF LOT 6, BLOCK 21 OF AFORESAID "LAKE BOYNTON
ESTATES PLAT 2"; THENCE N. 88 26' 13" E., A DISTANCE OF 50.00
FEET TO TIlE NORTtlEAST CORNER OF SAID LOT 6; TIIENCE S. '01 33' 09"
E , A I)IS']'ANCE OF 120.00 FEET TO TIlE SOUTIIEAST CORNEI~ OF SAID LOT
(,; TIIENCE N. 130 26' 13" E. ALONG TIlE NORTII LINE OF ']']1~' SOUTII ONE-
II/%1.1" JS ]/2) OF BLOCKS 2] AND 22 OF SAID "LAKE BOYN']'ON ESTATES
PI,AT 2", A DISTANCE OF 1,150.75 FEET TO TIlE SOUTHWEST CORNER OF
LOT 6, BLOCK 23 OF SAID "LAKE BOYNTON ESTATES, PLAT 2"; TIIENCE N.
0] 34' 16" W. ALONG TIlE WEST LINE OF BLOCKS 23, IlIA, 18 AND IIA,
A DISTANCE OF 710.00 FEET TO TIlE HORTItWEST CORNER OF ~LOT 3, BLOCK
I'B OF AFORESAID "LAKE BOYNTON ESTATES, PLAT 1"; TIIENCE EASTERLY
ALONG TIlE N-"RTII LINE OF .SAID LOT 3 ALONG TIlE ARC OF A CIRCULAR
CORVE TO TIlE LEFT IIAVING A RADIUS OF 390.36, A CltORD WHICH BEARS
OF 50.14 FEET TO THE NORTIIEAST CORNER THEREOF; THENCE N.
01 34' 16" W., A DISTANCE OF 186.78 FEET TO TIlE SOUTIIEAST CORNER
O1..' LOT 3, BLOCK IIA OF SAID "LAKE BOYNTON ESTATES, PLAT l";
']'IIENCE S. §8 26' 13" W., A DISTANCE OF 50.00 FEET TO TIlE
SOUTIIWEST CORNER OF LOT 3; TIIENCE N. 0! 34' ]6" W. ALONG TIlE
WEST LINE OF SAID LOT 3, A DISTANCE OF 110,00 FEET TO TIlE
NORTIIWEST CORNER TBEREOF; THENCE EASTEI~LY ALONG TIlE NORTII LINE OF
LOTS ], ~ AND 3 OF SAID BLOCK 1IA, ALONG TIlE ARC OF A CIRCULAR
CURVE TO Till.: LEI;'].', IIAVING A RADIUS OF 352.92 FEET. AND WIIOSE
RADIUS POINT BEARS N. 0J 34' 16" W., HAVING A CENTRAL ANGLE OF
25 09' 0§', AN ARC DISTANCE OF 154.93 FEE'].' TO TIlE NORTIIEAST
CORNER OF SAID LOT I AND TIlE EAST LINE OF SAID SECTION 29; THENCE
S. 0] 34' 16" E. ALONG SAID EAST LINE OF SECTION 29, A DISTANCE
OF 3,023.49 FEE']' TO THE POINT OF BEGINNING
TRADEWINDS DEVELO~'MENT~
CORk'O~ATION, ~¥ its agent,
~ERAN J. KILDAY~
IN TH~ CI ,' COURT UF
15TH JUDICIAL CIRCUit,. IN.(,Nb
FOR PALM BEACH COUNTY, FLURID;4
CASE NO: 86-5661 (CL) A
FLDRIDA ~AR NO: 005419
Plaint
THE CITY OF BOYN'rO'N £~EACH,
De fer~dar, t ·
S]'IPULATION AND S~TTLEM'ENT AGREEMENT
TRADEWI NOS DEVELOPMENT CORPORATION and THE CITY ~F
settlement approval by the City CQum~il ~f 3H~ CITY OF BOYNTON
~EACH, he~-eby stipulate and ag~'ee as
1. TRADEWINDS DEVELOPMENT-. CORPDRATION~
r~fe,-red to as "TRAD~WINDS"~ im the develogep of a ga~cel of
prc. p~rty located in th~ City"of Boy, ton Beach, Flopida.
In January, 1986, TRADEWINDS submitted
appl lcatlc, n to th~ CITY O~ ~OYNTON BEACH (he~einafte~ ~efep~ed to
as the "CITY") to ~-e:.~n~ a pa,-cml o~ p~-opepty fpom R--iA (szn~l~
fan~ ly residential) and ~-~ (hlulti-faf~ily pe~idential) to a
Planned Unit Development. This apgllQation and g~ogef~ty shall be
refet','ed to het-e:n am the "Woolbpight Place P.U.D. ".
3. On Ma,-ch 18, 1986~ the CITY dm~imd TRADEW[N. DS
ap~iicati.:.n to re=one the "Wool.bt-ight Place P.U.D.".
4. A~ a ~-esult of the ~ity'm denial~ TRADEWINDS filed
a C.:.n~plaint for W~-[t of Certio~'api agaiz~st the CITY on April 17,
198C whtc~ ts the subject m.attep of this stipulation.
5. Ir, addition, c,n Apeil 1, 1986~ TR. ADEWINDS subn~:tte~
ar, application t,~ the CITY to pezon~ a ga,-cml of p~ope~-ty f~-,:.m I~-
Devel,:,pn~ent (P.C.D.). This prc, pet-ty arid applicatl,:,n shall
,'eferr(:,] t,:, as ~he "W,),:,lbright Center ~'. C. D. ".
EXHIBIT "A"
7. The N,:,C,[bt-zgr~t Cer, te~ P.C.D. app[zca[zc, n p~-c,g~'essed
cor, s: depat %on~ necessa:~'y undep the City~ s opdinance. The
woc, l~,-i~n~ Cente,- P.C.D. agplJcatio~ was eventuall~ s~hJduled
fir, al c,:.nside~at~or~ befo~'e the Cit~ Council on July 1~' 1986.
8. At ~he c,:,r, cluslon of the hea~in~ on July 14,
the. City Council voted ~o postpone and table ~onsidepation of the
W,:,,:,l~,-l~ht ~ente~- P.C.D. application until the litigation of the
W,:-:,l~':ght P'la~e P.U.D. application ~as
9. Su.~seq,~ent the~eto~ on Septembep ~ 19~6~ the City
,-.ejec~.d a comp~-ehJnsiv~ settl, e~enJ c, ffe~ J~adJ by TSADEWINDS lc,
t~e City. T~A.DEWINDS tpeated the pe.jm~tion of itl settl, e~n~.n~
,:,ffe~- ~y the City Council as a ~.e~ial ~f the Wo~lb.p:~ht Cente~-
P.C.D. agplication and ,:,~ Septe~b.ee 19~ 1986~ TRADEWINDS flied
addl~l.:,nal Weir ~f Cept.ic, t-at-i in t~is ac.Jio~ Jo include th~
~er, ial c,~ the W,~olb~-i~t Centep P.C.D. application. ~n Octc, be~-
~, 198~, the CITY a~ain con~ideped the ~,.C.D. application and
v,:,ted : to -~ tO deny it
10. Subsequent t hel'et o.i
TRADEW INDS, by and
cc,h~p~'ehens i ye set ~ 1 eMent
T RAD.EW I NDS. The
~ated August ~0~
T~AD~WINDS DEVELOPMENT CO~POSATION, to Kip~ Fpiedland,
city act.:,,-r, ey t,:, THE CITY OF ~OYNTO.N BEACH. A copy
,:,n Octobep
t h~·,~ugh its at t oJ-ney~ surimi t ted ' a
ppoposai to the ~ity seJt I in~ al 1
and lit igat io~ ~e't ~een the City and
settler,~ez~t p~'ogosal ~as ~ontained in a letter'
1986
special
of said
lethe,- al.:,r,g with the erscl¢,supes thlpeto is attached
E~hibit "A" and is specifi~ally in~o~-po~ate~ he.~-ein by
11. On o,' about O~tobep ~1, 19.86~ the City Council
T~E CII'Y OF BOYNTON [~EAGH held a pegulaply scheduled meeting at
which ~ll,le It cc.r, sider-ed the Gettlen~ent p~op,:,sal.
l~.. At that tih~e~ a Motion was ~ade to a~cep~
al.:.r,~l ~ tl~ the addle i,l.r,,.~l ~'~-qutt'er~er~t that thu t~,:, ,>ut-pa~'c~[~
ir,cl..(~ed ir, tn[~ W.:.c, lb)-lgl,t Ce~,te~- F'.C.D. ~r,d that they
settlement p~-op¢,sal zs at~ached 'hel'eto as ~.xtazbzt: "'B'.'
specs ficai ly lncopp,:,pated hepe. in .by pefe~ence.
· : 12. The City Council ~y · ~ to ~' vote
set~leh~en~ ppoposal as se~ fopth in the October- ~0,
bar,~ lng lnst.Zt ut Ion and a qual i ~y sit d.:.~,~,
the use of the out
dpiv~-zn ~ n~c, ws was expressl~
pa~-t of t. he mee~n~ dealing with ~h~
accepted the
1986 letter'
'rNAD£WINDS along with the additional pequi~'er,lents ~hat the
.:,ut-pa,-cels be included in the P.C.D. and that they be
limite~ for use by a banking institution, and · quality si't
~-estau)-ant. ~u~-thep, thu use ~ the out papcels fo.)- a fast
p.e~taupant wit~ dpi've-zn windows was exgpessly ppohibited.
1~. The Motion by the City Council to accept the
~et~ I ernent ppoposal along ~it'h ~he additional pequ z peh~ent s
settlement. The tepm. s of said c~unte~off~ were expressly agpee~
~.:. and accepted by TRADEWINDS th~'ough its counsel at the Octobep
:~1, 1986 meeting as evide.n~d by the tpanscpzpt of said Meeting.
15. As suc~ TRRDEWINDS and the CITY hepeby accept a,~d
ag,-ee to the teph~s o~ the letteP dated Octobe)- ~0~ 19.86 fpom
J~a,'~zr, Peppy to ~lpk F'piedland~ attached hepeto as Exhibz~ "A"~
a~ amended by ~he
16. TRADEWINDS and the CITY hepeby accept and apppove
the mast et, plan attached to the above ~e~it-~-ed let t e~' an~
ider, tified as that cea-rain mastep plan ppepaped by ~ilday a~d
Associates beapin~ dpa~ing numbe~ 85-~ last ~evised on Octobep
19, 1986.
17. TRADEWINDS s~all be pequiped and ag,-ees to include
ir, ~e W.:.olbpz~ht Centep ~'.C.D. the two out-papcels and to
~nel,- ,.~e fc.p a bar,~lng institution and a sz~ down quality
~'~s~.~u,'an~. I:ut't~o~', t.~m use O~ .~ out papc~ls f.:.p .a ta~t
te,-~,~s set f.:.,'th ir, t~e O~t,>~e~- ~'C), 19~6 lette~' fpom F. Ma,-tlr,
3
and approved by the pa~-tles ~'erl. ects:
85. ~876
A t,=,tal ,:,t 5~:0 dwelling unit~ located ,=,r.
dwe I 1 ing
acres which eq~.ates to a gpoms density of 6.00
~. A detached ~ingle family housing
70 single family dwelling units, a
ar~a arid a 5. ~6 acute open mpace/passive
Estates
consist lng ,=,f
area wrapped around that portion of Lake BOynton
borders the n,.',~-th p~-operty line of Tpadewinds.
sand p i
1-ecl-eat i ,=,n
wh i ch
t ,:, t h e
J.. A 4.5 acT-e lake, single family homes, and
pine p~-esel-vation area as wel'l as a 50 foot be~-med, fenced
area between Palm Beach Leisupeville H,~mes ly~nM adjacent
S..W. 8th Street ~ght-of-~ay ar~ T~ade~inds p~-oposed
4. .The ~'ecc, nfiguration of S.W. 8th St~-eet to
c~'~ate a T ir, tel'sect ion wzthtn the P,U.D.
5. The multi-family housingt which will
ted ~,:, two and thr~e ~t?~-y condominiums, is substant iai ly
sepa~-ated by single fa~nlly homes fpom the single family homes
Lels,..'evllle and Lake Boyr, ton Estates.
B. I N.DUST R I AL ACCESG ROAD AND NEW
RA I LWAY
CROSSING: The lndust~-ial access road and new ~ail~ay c)-ossing
shal I be located as ~-ecommended by T~'adew: nds
c,:,?,~uitar,~s~ Mue-~'a~-Dud~c~ and Associates and Bar-ton-Aschman
Assc, c~ at.s, as ?eflected on the attached mast ep plan.
railroad c~'ossing at Ocean Dpive shall be closed. TgADEWINDS
s~all ~l~d~a~ its o~]ections to Mps. Winchestep~s
plat, am.endt,~ent appl~cati,:,n f,:,~- the poad and the c~-ossing.
C. WOOLB~IGHT CENTER P.C.D.: Thepe shall be a
c,:.tal c,~ 199,000 squa,-e ~eet c,:,nsistin~ of 1~000 squape ~eet
~-~ta~l and ~6,,:,,:,,) sq,.,a~-e feet of off:ce papk. Thil ~-ep.re~ntc,
1. 3') , ,),.),) sq,~are feet ,:,t: P.e.D. on ~.6~ ac~'es ~hich equates
15. 4% ~l te
D. CONDITIONS OF APPROVAL OF P'. C. D. and P'. U. b.
t. TRAD.EWtNDS shall be ~,:,und only Dy the
5. w. c~: r, St ,'et.t cr,i,,','id,'.,' Hi ~ay Req,Jl ~-et,~ents~ Fa.i~- Sha~-e Impact
Fee~ ar,d C,:,nclusi,:,r,~ c(.t f,:,~-th on pages ~5-~J8 :nciusive of the
I~lpact J4naly~lS ~ep,:,,'t on the overall
S.W. 8tm Street p~-,:,]~ts p~-epar-ecl on Apb-ti I, I986 by Daniel N.
Mu,',-ay, P.E~ and .~.~°l ,:,the~. applicable c,~-dinan~m~ of the City ,:,~
B,:,yr, t,:,n ~each ~-elatir, g t,:, ~he d. evelopme.nt of the site.
~. This stipulation and settlemeit ag~-eer~en~
s~ali be subject only to the conditions in the Mu~pa¥-Dudeck
,'ep,:,~'t as descr-tbed he~-ein~ and all othep applicable o~-d'tnance~
,:,f t~e City fop developt,~ent of the ~ite. In this latteP t-espect,
T,-ade~tnds acknowledges that the City cannot bind Palm Beach
C,:,ur, Cy as Co zts Fa,,- Sha,-e Tpaffic I~ngact Fee Ov-dtnan~e and that
be subject to the County~ ~mple~tentat~on of
T,'ad~.~ ~ r, dcs ~ha I 1
Cha~. ,:,)-dinar, ce.
.~. Tl~e City agpees to supplement a r,d/,.-.,)-
ar,~er,~ the Cityts Cor~p~-eJ~ensive PI. an Ah~endmen~s and evaluat~,:,n ar, d
app~'a~sal pepo~-t ~h~ch have been sent ~to the Depaptment of
C,:,h~r,~ur, tty Affair's ~ith apppoppia, te documentation to peflect the
agr-eer,~er, ts conter~plated hepein.
4. To the exten~ that o)-dinances ~nay
~'equi~'ed to ir,~pler~ent any of these actionl~ the City agt'ees t,:,
p~-epa,'e and adopt any and all o)'dinar~es necessary to i~dplemen~
~he Cea'ms ,:,~ this settler,tent.
The pa.ptie, s agp. le to ~eek an~O~-dep fpoht the
C.:-~,-t c,:,nf~-r~ing and )-atify~ng the agpeement. The Cout-t shall
r-e~air, ]u~-isdictzon ove~- this mattep and the pap~iel to insu,-e
tha~ ~,:,th pa~-tiea adhe~-i to the tePmS Of this stipulati,:,n ar, d
se~t lehlent ag~-eehtenC.
F. T~-ade~[ndl agpees that it
1. Re im.bu.~-se the City foe any and a'l 1
att,:,~-neys fees and expenses it has incupped in conjunction ~i.th
~e per,ding litig~t:,:,n ~:thin ten (lO) days of the t-ec. eipt c,( an
i(,v,=.tce subsequent t,:, the ap~,~'c, val of t~he P.U.D. as conter~plated
:J. Deliver- a ~ull and ccm~plete i-elease
ar,cJ/.:.1'
aq~r, ts ar,c~ ~'t'p,'~.~,~,~a~ ives as ~¢, any ar, Q all
5
a~lsin!] c,u~ of ~he P.U.D. appl~¢ations. Thi~ shall be delive,'e~
t,3 ~e City upon T~-a.~.ewinds ~-eceigt c,f the ~-eq~isite exe¢utea
,:,~-dinar,~es of app~-,:,va'l- an~ site pla~J apppoval in ~on~c, pmity
~e,-ew: t~. The ~-e leases shal 1 be held in es¢~o~ by
unde,-sz~r, ed and ~elivet-ed to th.m City in a¢¢ot, danCe .~lth th~s
3. Deliver- a full and ¢o~n.plete t-el.eas~
]',*a~ ~w i nds, its office~'s, d it-ecto~-s~ stockholdeps~
ar~d/,:,~' ag~n~s and t-ept-esenta~ives a~ to any and all actions
cause5 ,3~ action m~lch it o~- they ~ay have against the C~ty
anO/,:,,' any c,( its c, fficials~ employees~ consultants and/,:,p
.... a,-lsir, q ,:,ut P.C.D. applications. This shall be deltvet-ed ~,~, the
City up,:,n T~-ademi.nds ~-eceipt of the Peq. uilitl executed
,:,~ app~',:,val and site plan app~,3val in confo~h~ity he~-e~th. The
,-~lease shall be held ~n esc~'om by the undersigned and deliver-ed
t,:, the C~ty ~n acco~-da-nce with this p~-ovis~on. A ppoposed
is attached hepeto as E~hibi~
~ .... G. The appp~valm ¢omtea. glated hepein as to the
C,:,~p~-ehensive Plan A~end~nent amd t~e g.C.D, shall be subjeCt only
I~. Ma,-tin Peppy & Ass,:,~., P.A.
C~-Cc, ums.ei 'f~ Plaint iff,
T-earl.ewe mds Develop~nmnt
51~ N~pth ~la~lm~- D~ive
Suite ?01~ Nc,~-thb~-id~e Centpe
We~t Palr,~ BeaCh, FL 3540.1
and
Klein & Bet-ar, eh, P.A.
Atto~'r, eys f,:,~ ~'laintif~
Tpadewi rids Devel,:,pment 'C~:,,'p.
FlaBll~ Cffnte~, Suite
501 South Fla~l.e~' D~'~ve
West Palffl Beach, FL 55401
OHN ~E~ANE~, [S0.UIRE
6
IN THE ~IRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT', IN AND
FOR PALM BEACH COUNTY, FLORIDA
TRADEWINDS DEVEL~PM£NT /
CORPOR~TI. ON, ~Y its agent,
KERAN J. KILD~Y,
Plaintiff,
CASE NOI 86-3661 (CL) A
THE' CITY OF 'BOYNTQN' BEACH,
Defendant.
/
ORDER APPROVING SETTLEMENT AGREEMENT
THIS CAUSE came on t-o bm heapd on the Joint Motion fo~
Opde~ Appeov lng Sett 1 emen~ Agp~ement fi led by TRADEWINDS
DEVELOPMENT CORPORATION and THE CITY OF BOYNTQN BEACH, and af~e~
consider'lng said Motion, the Sti~ulatio~ and Settlement Ag~-mer, ent
filed hepein, and the .paeties havi~g agpeed h.e~eto~ it .ia
ORDERED and RD~UDGED~
the Plaintiff, TRADEWINDS DEVELOPMENT CORPORATION, and the
Defendant, THE CITY OF BOYNTON' BEACH, is hereby apppoved,
confirmed and patified. A copy o~ the Stipulation and Settlement
Agreement is attached heeeto as E~hibit "1" and is specifically
incorporated in this OY'dez' hy
~. The glaintiff~ TRRDEWIND8 DEVELOPMENT CORPORAT[ON,
and the Defendant, THE CITY OF BOYNTQN BEACH,
to comply with the Settlement Ag. peemen.t.
3. This 'Coupt ~etains ju~.isdict ion
of th.e~e
p~c. ceedings and the papties to e.nfo.~ce the teeml of the
Settlemen.t Agreement.
Florida
Copies furnished:
Kirk Fr led 1 and,
50 l South
S-lt~ 5v5~ Flagler Cer, tur'
W.es~ Pal~ Beach, FL 55~01
,. _,,.. o, .... ,_-.
I / I
land, Esquire John Be~ar, ek~
F lagle~~ D~ive Klein & Bepane~P-A-ve~ D~i
501 South .Flag
Suite 5[)3, Flagle,- Center
West Pal~ Be&c~, FL 334~1
F. Martin Perry & Associates, P.A.
515 North Flagler Drive
S,J~te 701, No~th~ridg~ Centre
EXHIBIT "B"
TRADEWINDS DEVELOPMENT CORP.,
by its agent, KIERAN j. KILDAY,
". Plaintiff,
VS.
THE CITY OF BOYNTON BEACH,
De f end an t.
IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT OF FLORIDA., IN ANI) FOR
PALM BEACH COUNTY.
CASE NO. 86-3661 (CL) A
ORDER '
This cause came on for consideration upon the Petitioner's Motion Co
Compel Compliance with Settlement A~reement and the Court considering the
evidence adduced, hearing .arsumen. t of counssl and being'fully advised in the
premises and noting that t~e instant proceedings have not been stayed elthough
there is presently an appeal .pandins in thl Fourth District Court of Appeal,
iC is thereupon
CONSIDERED, ORDERED At~D ADJUDGED that the Court grants the Motion to
Compel Compliance with Settlement Agreement made by the Pstitioners. The
Defendant 'City shall proceed with th~ re-zoning process pursuant to the
Stipulation of the parties and shall adopt ordinances relative to the Planned
Unit Developu~nt in conformity with the Settlement Agreement. The ordinances
shall be scheduled for reading as required by City Charter forthwith. The
City of Boynton Bsach shall file the Comprehensive Plan Amendment regarding
th~ relevant portion of th~ Plannad Co~erctal Development no later than
(30) days from the dace of this Order utilizin$ the documentation the Petitioner
provides within that time period. The Court notes tha~ the Department of
Community Affairs may have its own demands which, if not complied with, may
prohibit the Defendant City from proceeding to ultimate conclusion in its
re-zoning process. Should the Department of Community Affairs indicate .its
approval of the ComprehenSive Plan Amendment, the City shall then adopt
ordinances relative to the Planned Commercial Development in conformity with
the Settlement Agreement. The ordinances shall be scheduled for readinR as
required by the City C]l,il[t'l' at that time. Bastd ,.n th, Stttlea.tnt a[srtt'iht-nt,
to require Plaintiff. to submit to new hearings and new voting procedures
approving tl~ apl'Jic',,tlon~, which w~re thy subjt, c~ ~,f ttw S~ttlement A¥~t. en,t. nt
vould render it meaningless. The City shall, therefore., comply forth~ltl, with
EXHIBIT "C"
terms of ~he Settle.men~ Aareement.
DONE AND ORDE.RED at West Palm Beach, '~slm Beach County, Florida, this
Copies furnished:
Kirk Yriedland, Esq., 501S. Flasler Drive, Suite 5OS, West Palm Beach, Fl. 3~40!
F. Nartin Perryo Esq., SIS N. Flasler Drives Suits 701, Went Palm. Beacho
John Beranek, Esq., SOl S. Flaslar Drive, Suite SO3, West Palm Beach, Fl. 33&01
Terrel! K. Arline, Esq., .32~ Cleumt~e Streets Suite Bo ~sat Palm Beach, F1
Louis L. W~l~iams, Esq., P;. O. Box 3887, West Palm Beach, F~. 33&02
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT JANUARY TERM 1989
CITY OF BOYNTON BEACH,
a Florida municipality,
JOSEPH MOLINA and LAKE
BOYNTON ESTATES HOMEOWNERS
ASSOCIATION, INC.,
Appellants,
Ve
TRADEWINDS DEVELOPMENT
CORP., a Florida corp.,
Appellee.
NOT FINAL UNTIL TIlVIE ~
TO FILE REHEARING MOTION
AND, IF FILED, DISPOSED OF.
CASE NOS. 88-3097
and 89-0503.
Decision filed June 7, 1989
Consolidated appeals of a non-
final order from the Circuit Court
for Palm Beach County; Edward
Rodgers, Judge.
Fred W. Mattlin, Gregg W. McClosky
and David M. Beckerman of Mattlin,
McClosky & North, Boca Raton, for
Appellant-City of Boynton Beach.
Terrell K. Arline of Terrell K.
Arline, P.A., Palm Beach Gardens,
for Appellants-Joseph Molina and
Lake Boynton Estates Homeowners
Association, Inc.
Stephen N. Zack of Floyd Pearson
Richman Greet Weil Zack &
Brumbaugh, P.A., Miami, F. Martin
Perry, West Palm Beach, and John
Beranek of Klein, Beranek & Walsh,
P.A., West Palm Beach, for appellee.
PER CURIAM.
AFF I RMED.
HERSEY, C.J., GLICKSTEIN and DELL, JJ., concur.