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LEGAL APPROVAL -#/{ ~ - D ~ ~ ~ n w ~ { ~ &rq l!'" 2 2 198: 1\ MINUTES OF THE SPECIAL CITY COMMISSION MEETING H IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEA H, Plp."lNItlG fiNO FLORIDA, ON TUESDAY, MAY 14, 1996, AT 6:00 P.M._ zot'I\lli'~Pl PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Matthew Bradley, Commissioner Henderson Tillman, Commissioner Jamie Titcomb, Commissioner Carrie Parker, City Manager Michael Pawelczyk, Assistant City Attorney Sue Kruse, City Clerk CALL TO ORDER Vice Mayor Jaskiewicz called the meeting to order at 6:04 p.m. for the purpose of considering the sign plans request for Cracker Barrel Old Country Store. She announced that Mayor Taylor has been delayed. She asked to hear from the applicant first. louis Campanile with CCl Consultants was present on behalf of Cracker Barrel. He introduced Michael Morton, who represented the owner of the property, and Jerry Handshuh, a representative of Cracker Barrel. Mr. Campanile advised that Cracker Barrel is requesting an off-premise sign on 1-95 (45 feet high, with an area of 149 or 150 square feet), two on-site signs (one of which is practically the same sign as the one on 1-95), and a wall sign (13 feet b~ feet high). All these signs contain Cracker Barrel's standard logo. Tambri Heyden, Director of Planning and Zoning, stated that Cracker Barrel is proposing one 91 square foot wall sign on the center of the east facade. This is going to be an externally illuminated cabinet sign. The sign colors (brown, yellow, and beige) are shown on the elevations. They are the typical colors that are associated with their corporate logo. They are proposing one site sign on their parcel, the size of which Is 149 square feel It Is a pole sign located near the southeast comer of the site. That pole sign is proposed to be 45 feet tall. It is an externally illuminated sign cabinet with the same colors and sign face. Pursuant to a previous settlement agreement, there will be an off-premise pole sign. However, the City does not have any information regarding the size, content, or location of that sign. Ms. Heyden explained that sign programs are required for all PCDs to encourage continuity betWeen the uses within the PODs. A sign program was approved for this " .' MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 14, 1996 PCD in 1990. It included one free standing sign (150 square feet). which currently exists, to identify multi tenants. Right now it has the Home Depot sign on it, and it is an internally illuminated sign cabinet. Two monument signs (8 feet tall by 55 feet long) were also part of that sign program. They were not illuminated. The colors were royal blue. The letter style is Helvetica Medium. These signs have not been constructed. For the additional uses that have not been constructed yet on the east and west sides of S. W. 8th Str~et, the same royal blue color scheme. intemaly illuminated or back lit channel letters was approved. The letter style is Helvetica Medium. There was also a sign age size that went into place at that time. There were also the Home Depot wall signs which exists. The site plan that was approved recently included a condition regarding signs and a sign program. That sign program has not been turned in. Us. Heyden pointed out that the signs for Racetrac have not been approved yet either. She felt this was an opportunity to set the tone for what we want to see in terms of the rest of the signs for the project. 'Since we did not have a modified comprehensive sign program for this project. we have looked at this in terms of the Community Design Plan and that prompted the chart in Exhibit 0 that compares the Cracker Barrel signage. the Shoppes of Woolbright signage, the Sign Code, and the Community Design Plan. Ms. Heyden reviewed staff's recommendations. With regard to the off-premise sign, staff needs to see the information regarding the size, content, and location. Commissioner Bradley asked how Ms. Heyden was categoriZing the off-premise sign. Ms. Heyden said she was referring to the 1-95 sign only. That sign has already been approved by a separate agreement. However, staff cannot locate the exhibits for the agreement that pinned down the design and location of the sign. City Manager Parker said that attachment was the preliminary sign plan that Mr. Morton had turned in previously. She asked him if he has an extra copy of it Mr. Morton answered affirmatively and showed the Commission the exhibit to the agreement. City Manager Parker stated that the dimensions. location. etc. 01 that sign have already 2 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTONBEACH,FLORIDA MAY 14, 1996 been approved, so they just have to meet that approval. Forty-five feet was part of the settlement agreement, so we really need to concentrate on the on-site signage. Ms. Heyden advised that the proposed wall signage is generally acceptable. However, the logo, the color of the sign copy. and the style of the sign are in conflict with the sign program and the Community Design Plan. The Cracker Barrel signs propose brown sign copy. The sign copy for the PCD sign program shows blue, and royal blue signs already exist. (The main shopping center sign located at the northeast corner of 8th and Woolbright Road is royal blue.) It is a stand-alone sign at least 64 square feet and about 20 or 25 feet up in the air. Staff recommends that the sign style be changed from a cabinet to channel letters and that the lighting be changed from extemallighting to either internally illuminated or back lit. Staff recommends that the 45 foot tall pole sign on the property be reduced in height and that the type of the sign be changed to a monument sign. Right now, they are proposing a 45 foot tall sign, 149 square feet in size, with a corporate logo on it. Staff recommends that it be replaced with one monument sign 8 feet tall. Staff also recommends that the monument sign be mounted on a sign base with a minimum height of 2 feet, that the color and material of the sign base match the walls of the main building, and that the size of the monument sign not exceed 64 square feet. With regard to the freestanding sign on the site, Ms. Heyden asked for direction regarding the rest of the sign program when it comes in. She suggested that the rest of the signs for the out uses be monument signs. At Commissioner Bradley's request, Ms. Heyden described the difference between a monument sign and a pole sign. At this time, Mayor Taylor arrived. Ms. Heyden stated that many of the sign codes that are developed recognize monument signs as a more attractive way of dealing with freestanding signs. and monument signs have been found to be just as effective fa:' sign edification. Commissioner Bradley asked if the sign on the northeast c~ ,ler if. ...J main sign for the PCD. Ms. Heyden answered affirmatively. She stated that It identities the Shopp.& of Woolbright and also provides for tenant slgnage. Right now, Home Depot is the only 3 " MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 14, 1996 tenant. However, there is space on that sign for other tenants that come in, including Cracker Barrel. It is a freestanding sign. Commissioner Bradley did naUhink it would look right if the sign on the inside of the shopping center or the PCD is bigger than the sign advertising the shopping center. He felt the 64 square foot sign is Ihe way to go. Mr. Campanile believes the impetus to having a 45 foot tall, 150 square foot sign is the location off of 1-95. 1-95 is prely elevated. The sign on 1-95 just says "Exit Woolbright Road". The people do not know whether to go west or east after they exit 1-95. Once they exit 1-95, this sign will heJp them find Cracker Barrel without having to go back and forth. Commissioner Bradley thought the sign was supposed to indicate "e~st" or "west". He said the addendum to the se1lfement agreement, at the bottom of Part A, says "Exit #___ West". Mr. Morton said that was what it was allowed to say. City Manager Parker stated that the Commission discussed what they wanted to see on the 1-95 sign, and the language that is in the sellement agreement is the language the Commission agreed to at that time. The sign in the packet submitted by Cracker Barrel says" EXIT WOOLBRIGHT ROAO' on one side. On the other side it says .THIS EXIT'. Therefore, they have not chosen to follow the details of the settlement agreement. Unless the Commission directs otherwise, we were going to direct them to change the wording on this sign. As Commissioner Bradley recaUs, the sentiment of the Commission at that time was to alleviate as much directional signage as possible. However, a compromise was reached and we allowed the WDrds "east" or "west" to be on the sign. Vice Mayor Jaskiewicz and City Manager Parker recalled allowing them to put the exit number on the sign, as well as 1he words "east" or "west", depending on if it was the north or south elevation. She presumed that Cracker Barrel is not in agreement with that since they have submitted something different. Commi Jner Bradley said if a perso, "west .at would tell them which din off I-f heading souti n 1-95 and the sign said . to turn on V Ibrlght Road when they get 4 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY i4, 1996 Mr. Morton said if they exit on Woobight Road, they are going to come up the ramp and see the commercial property to 1he right, and their natural instinct would be to turn right When they come off the raJ11l and are at the light, they will see Home Depot off to the side. They will see it is a corrmercial center, and they will turn right. The next thing they are going to see is the Clacker Barrel sign and the Cracker Barrel Restaurant as they go down the ramp towards the landing area of the overpass. He agreed that the original agreement states that they could put the exit number on the sign. He assumed they took the liberty of puUing "EXIT WOOLBRIGHT ROAfY' on the sign. City Manager Parker explained that part of the problem we had that was discussed at that time was that the current sign code does not allow a 45 foot pylon sign on site. The maximum sign allowed would be 20 feet. With the maximum variance, the sign could be 25 feet. Another issue was the number of pylon signs on the property. This is why staff suggested a monument s9'1 as opposed to another pylon sign. However, she _ was not sure that people would be able to see a 20 foot sign from the 1-95 intersection. She stated that directions were allowed on the 1-95 sign to eliminate another pylon sign to draw people into the site. Mayor Taylor stated that "west" or .east" on this sign may confuse people. They might think.there are two exits. He felt people will normally turn right when they get off 1-95 and if they do not see Cracker Barrel, they will turn around. Mr. Handshuh stated that this would not be kind to our elderly clientele. He advised that about 50 or 60 percent of their clientele are elderly and he stated that the elderly get confused easily. Vice Mayor Jaskiewicz felt the building itself will be visible. She was concerned about the pylon sign. She pointed out that we have set a precedent with permitting the one pylon sign. She was extremely concerned that if we permit a pylon sign on the property, everybody else that goes in there will want one, and other areas of the City will want them too. Mr. Handshuh said the reason Cracker Barrel Is requesting this is because the building is hidden behind Racetrac, and they want all potential customers to find them without confusion. Being hidden on the second lot back from Woolbright Road gives them quite a distinct disadvantage. 5 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 14, 1996 Vice Mayor Jaskiewicz felt that once you get to Racetrac, the building itself will be extremely visible because the street is wide. Commissioner Trtcomb agreed. He stated that coming off 1-95 you can see over Home Depot, and as you come back down on the western approach, you would not be physically behind Racetrac until you passed 8th Street. Mr. Morton pointed out that right now there are no structures on the outparcel. When there are, they will block that view somewhat. Also, if you are traveling east towards 1-95 from the west, you are not going to see Cracker Barrel because of the eye clinic and Racetrac. Also, they are putting up a landscape berm afong the west side, so there are some considerations to try to get some height and allow them to be identifiable. Commissioner Bradley stated that the other sign that is going to let people know that Cracker Barrel is there is the pce sign that is right there at the intersection. Mr. Morton _ stated that the pee sign at the intersection has" Shoppes of Woo/bright Piaad' on it. That is what has been approved. The reason he never put the signs in is twofold. One was that if he had tenants that had different colors than navy blue, he did not want to end up having navy blue, red, orange, and brown, and so that ~e could change the colors on the Shoppes of Woolbright Place sign to conform more to a theme of colors within the PCD at a later date when the tenants are in place. Secondly, it is an identifying monument for the center; it is not for a particular user. He was pretty sure they will remain "Shoppes of Woolbright Place- at this time. The only variation would be in the color. Mayor Taylor agreed with Vice Mayor Jaskiewicz that we have already made a concession by allowing the tall sign on 1-95. He pointed out that there is a Cracker Barrel in Stuart just before you get to 1-95 on Indiantown Road that has a small sign at the entrance, and he found it. He pointed out that many people do not know west from east when they are on the road. He felt that if you get off 1-95 to go to Cracker Barrel, you are going to find it. With regard to the 91 square foot wall sign and the change in the colors, Vice Mayor had no objection to the logo colors. She felt those colors are more consistent with the building. Commissioner Bradley asked how many signs are royal blue at this time. Mr. Morton said there are no royal blue signs on the project. He explained that in 1990, he had no idea what might be there, except for Home Depot, and this was the color that was C) MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 14, 1996 approved. It was an architectural sign designer's choice. However, he was flexible on changing that to a more suitabie color which is more agreeable to the tone of the oo~ ~ ------- ' -.- ommissioner Bradley felt that the gold in Cracker Barrel, the orange in Home Depot, and the earth tone in Vinings would fit into a range of colors. Ms. Heyden agreed. Commissioner Bradley suggested eliminating the blue color. Ms. eyden pointed out that the existing main project sign (the Shoppes of Woolbright sign) is blue. Mr. Morton hopes to change that sign in the future. He is going to try to upgrade it when the major tenants come in for the vacant parcel. Mr. Handshuh pointed out that nationwide, Cracker Barrel does not have a single blue sign. The sign that they use is their national logo. Mr. Morton said he spoke to Mr. Handshuh about this earlier and told him that he felt the 45 foot sign on site would be a problem. Mr. Morton thinks he could get . Mr. Han 0 a ree to lower it to 25 feet, if the Commission agrees to this. ..~ Mr. ~orton said he is trying to get the whole pylon changed. He is working with Home ) Depot now to try to change the sign program.. That sign is old and should be updated. He thinks Home Depot would be amendable to this. Also, Racetrac is coming in with their sign program. This will provide an opportunity to get them to move into a color theme as well. When that is resolved, Mr. Morton will come back with the pylon si , is new bi box tenant, and chan e t . Vice Mayor Jaskiewicz asked if it would be totally inconsistent with our sign code if we were to allow a small Cracker Barrel sign to identify the area where you enter the property. Commissioner Bradley pointed out that there is going to be room for that on the sign. Mr. Morton said h& is trying to revise that whole sign. Cracker Barrel wanted a stand-alone with their own signage. He wanted to change that sign because he has entered into an agreement to hopefully get approved a big user on the remaining parcel. Therefore, he changed the pylon sign arrangement along Woolbright Road. However, he had nothing to accurately report to the Commission right now. With regard to the wall sign, staff recommended changing the sign style from cabinet to channel letters, and changing the external lighting to either internally illuminating or back lit. Commissioner Bradley asked If the purpose of this is to reduce light pollution. o MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 14, 1996 Ms. Heyden stated that that is a very minor concern. She was really looking for continuity. The signs that are there right now are internally iHuminated, ,{lot externally illuminated. Mr. Morton said they are trying to match the Home Depot sign, which is not really what he wants to do. Commissioner Jaskiewicz pointed out that the front of the building will face Home Depot, not a neighborhood. Ms. Heyden advised that the chances of another user coming into the center and having externalligh~ing on their sign is very slim. You hardly ever see that~ Commissioner Bradley could accept the external illuminating, especially if there is going to be a monument sign that will be externally illuminated. He would like to see an 8 foot monument sign on the site instead of the 45 foot tall sign because he thinks there is sufficient sign age. Vice Mayor Jaskiewicz agreed. This was not acceptable to Mr. Handshuh. He said Cracker Barrel does not have any monument signs anywhere in the country. He was trying to clearly establish to the traffic on Woolbright Road exactly where Cracker Barrel is so people will not have difficulty and will not have to make a U-turn. Commissioner Bradley pointed out that there is space on the PCD sign on the corner to advertise Cracker Barret. Mr. Morton said it is not set up that way. It is strictly set up to say "Shoppes of Woolbright". Commissioner Bradley thought the spaces underneath were empty. Mr. Morton said that is the Home Depot sign. Ms. Heyden stated that those spaces are not being used right now. Home Depot has all the signage that they have been approved for. Commissioner Bradley stated that Cracker Ba-=rel can use that space at the intersection for signage. People will be able to see that from 200 feet away and know that that is the intersection for Cracker Barrel. kr . Mr. Handshuh asked if the Commission would allow a 215 foot pol. "gn. .hte advised that his senior management Insists on the national signage that they have everywhere in the country. Ms. Heyden advised that this would require a variance. OitY. Manager Parker advised that the Commission could approve a 20 foot pole sign this evening, and we could start the process for the variance. City Manager Parker explained that the code does not Sf'lIU.lh the number of signs allowed in peDs. Developers are asked to bring in a sign package for the entire PCD. The sign package for this PCD was approved several years ago. However,lthe PCD looks entirely different today than what the sign package was approved for. fThat sign 8 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 14, 1996 package has never been changed and is totally useless at this point. Mr. Morton has been requested to bring in a new sign package. He does not have any tenants yet, so he has been stalling until he has tenants so that he knows what the sign package is going to look like. We have an applicant ready to go and staff has nothing to compare it to because the approved sign package is ludicrous at .this point because it does not fit anything. With regard to PCDs, the City Commission has the discretion on how they want the whole process to look, how many pylon signs they want on the whole parcel, how many monument signs, etc. This is usually done at the beginning or halfway through the project. At this point, the Home Depot and Shoppes of Woolbright sign is there now. Cracker Barrel is asking for a pylon sign. We do not know what Racetrac or the other tenants want yet. Mr. Morton is going to put that together in a total sign package. If the Commission does not want any more pylons, she suggested they give her that direction at this point so staff can work with Mr. Morton to put a sign package together. Otherwise, Burger King, Racetrac, and o~hers will probably have pylon signs. Commissioner Bradley asked how tall the Shoppes of Woolbright sign is. Mr. Morton said it is 35 feet high. Ms. Heyden estimated it to be 30 feet. She said this is whatthe sign code allowed before sign heights in the City were reduced to 20 feet. Motion Commissioner Bradley moved that we approve the sign site plan for Cracker Barrel subject to staff comments, including approval of the wall sign as submitted, externally illuminated and the size that they have requested, and that the pole sign on site would be a 64 square foot, 20 foot high pole sign, and that the pylon signs on 1-95 show H THIS EXIT THEN R1GHr and" EXIT WOOLBRIGHT ROAO' and that the addendum be changed to reflect that change. Mayor Taylor seconded the motion for the purpose of discussion. Mayor Taylor asked if 64 square feet was correct. Ms. Heyden advised that Cracker Barrel is requesting 149 square feet. Commissioner Bradley had a problem with that because the pee sign that announces the entrance to the whole area is 64 square feet, and ~"1 felt il 'dd look ridiculous to put a -ign in there twice c., ~s that. L ',rton stau::o the e ice sign, the Home Depo n, is over 150 feei For purposes or comparisor As. Heyden advised the Commlsslo. ,vhat is allowed in other uses in o1her zoning (. 'jets. A freestanding restaurant WOU l allowed a 9 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 14, 1996 maximum of 64 square feet on a freestanding sign. A shopping center wouid be allowed 120. Commissioner Bradley stated that we have to take into consideration that we are reviewing the sign code. There has been discussion about having people change their existing signs in the future. He said we are going against the standard and the tradition that is currently in place. He felt it needs to be a 64 square foot sign. Commissioner Tillman agreed. He thinks we need something compatible and useful for the area. He felt large signs would dominate properties and all the tenants will want them. Mr. Campanile pointed out that this Cracker Barrel Restaurant is a four acre site. Home Depot is about 15 or 20 acres, and Burger King would be about one acre. So, this is not a small site. It is a pretty good size site. Vice Mayor Jaskiewicz mentioned that she has seen several Cracker Barrels and they had varying size signs. The motion carried 5-0. - "--_. City Manager Parker clarified that the colors of the whole center will now reflect the tan, orange, and brown motif, and that the blue will be eliminated. Mr. Morton advised that an application will be filed for the five foot variance. The color theme will be orange and red, and dark blues and greens will be eliminated. City Manager Parker asked for the Commission's feelings towards additional pylon signs. The Commission indicated that they would like monument signs instead. Mr. Morton advised that he is waiting for Burger King's plans for the front outparceJ. Discount Auto and the third user in the outparcel do not need pylon signs. However, Burger King traditionally has a pylon sign. He stated that he is entitled to one more pylon sign, but he is saving it for the big box user. Mayor Taylor suggested that Mr. Morton do his best to get Burger' ", to agree to t . nument sign. f) MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 14, 1996 ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 7:00 p.m. CITY OF BOYNTON BEACH ATTEST: ~~. ~- LA / \ / ,~/ /' ,..t ,v... '~", "/ ~~. ):e'~ Mayor . r J" .' ,. - v'~ ~_ Commissioner City Clerk CommIssioner ~-~ Recording Secretary (Two Tapes) ~~2i Co issioner 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 "- Carol~etwell said she does not understand the significa~' of the reduction of Morton's Way from. 80 feet to 50 feet. Ms. Heyden explained .V1at Morton's Way was originally envisioned'~ be a collector road. It is now a local s.tre_. The width was arrived at based on projecte~ .~ffic and the number of parcels the str:eet would be serving. It does take into account turning'fadius. / Commissioner Br modification subj Doris Gudmundson' 1206 SW 22 Street.s n9f'ed from a newspaper account that the City was asking Cracker B el to change its f1)6tif. She asked if what she read was correct. Mayor Taylor explained tM Cracker Ba~1 would be the next application, and she could ask her question at that tim~ .- "- '\ Ms. Heyden pointed out that Co would have to be reviewed by th ents 2, 7, and 8 deai with traffic. These comments 'ty Engineer upon receipt of the traffic study. Motion "- ey moved to approve the ShOP~f Woolbright PCD master plan to all staff comments. Commissioner'1:iIIman seconded the motion, ., " uestioned whether or not all staff comments refeq; to all the Planning and Developme Board comments and all comments made this e~ning. Mayor Taylor responded ffirmatively. Mr. Campanile had no objection to any of the. comments. '\ \, The mot' n carried unanimously. C. Project: Agent: Applicant: location: Cracker Barrel Old Country Store louis A. Campanile, Jr. CCl Consultants, Inc. Howard Scharlin, Trustee East side of SW 8th Street, approximately 200 feet north of Woolbright Road NEW SITE PLAN - Request for site plan approval of a 9,970 square foot, 178 seat restaurant/gift shop on 4.12 acres located on a portion of Tract B of the Shoppes of Woolbright P.C.D. Description: louis CamDanlle. CCl Consultants. introduced Ken Sweeney from Cracker Barrel Old Country Store. Mr. Campanile stated that the applicant has the same comments relative to the turn lanes that were made in the Shoppes of Woolbright PCD application. The 19 / MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7,1996 applicant would like to delay inciusion of the northbound turn lane into the south entrance of Cracker Barrel until the traffic report has been reviewed, and subject to approvai by the City Engineer. Mr. Campanile said there is already an existing northbound turn lane into the north entrance of Cracker Barrel. There is not a great deai of room to put in a northbound left-turn lane into the south entrance. In addition, Mr. Campanile pointed out that Comment #47 deals with the facade of Cracker Barrel. The applicant objects to that comment, and Cracker Barrel would like to keep the facade as proposed. This is a theme restaurant. It is unique from McDonald's, Miami Subs, or Taco Bell. They sell their theme, and their theme would not be the same if the building was a peach-colored stucco building. He displayed the colored elevations of the proposed structure. This facade is used all over the country. Ms. Heyden advised that the Planning and Development Board recommends exceptions to Comments 7 and 47. With regard to Comment #7, they recommend that the fire hydrant __ be moved to the northem part of the same island. They also recommend that the lighting in the dumpster area be shielded from the adjacent residential district, or be relocated. With regard to the elevations, the Planning and Development Board recommends that the north, south, and west elevations be redesigned to reduce the amount of wood siding, and that Cracker Barrei retain their corporate image on the east elevation. · Comment #29 - The applicant would like to replat only the areas affeded by this master plan modification since replatting the entire PCD property is a large undertaking. Ms. Heyden was in agreement. · Comment #28 - Mr. Morton advised that he submitted to the Planning and Zoning Department deeds to what the church purchased and the remaining area. The applicant believes that the correct survey and positioning of the properties is as shown on the Cracker Barrel plans and the master plan. In 1989, when the Ordinance was written, there was a strip of land which was deeded to the church which was part of the original PCD. There is a portion of the PCD that the church owns in addition to their PUD parcel. The size of the parcels and the property lines are correct. Mr. Morton is hopeful the deed will clear up this issue. If there are any questions, the surveyors will try to clear them up. The applicant believes there is a scrivener's error in the legal description of the 1989 Ordinance; however, that has subsequently been cleared up. · Comment #34 - The applicant has submitted signs for the proposed Cracker Barrel site. Mr. Campanile questioned whether or not the Commission would . be reviewing that sign package. City Manager Parker advised that the sign package was submitted at 4:30 p.m. on 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7,1996 Wednesday. Staff was unable to review it and submit it to the Commission on Friday. Staff is recommending that if the Commission wants to fast-track this application, they should set a meeting for next week to review the sign plans. The meeting was scheduled for Tuesday, May 14,1996, at 6:00 p.m. ~ Comments #22 & 30 - Comment #22 deais with the landscape hedge material in the north buffer area in lieu of the Code-required masonry wall. Comment #30 states that the location of the buffer wall shown on the Landscape Plan should be amended accordingly. Mr. Campanile said the applicant is amending the Landscape Plan to delete the wall and include the landscape buffer. There will be no wall. Ms. Heyden advised that Comment #22 could be in conflict with Comment #30. City Manager Parker advised that the City will withdraw Comment #22 because it is a conflicting -- comment. City Manager Parker was of the opinion that the settlement agreement requires a wall with a hedge. Mr. Morton disagreed and stated that there were discussions on the buffer between the church property and this project when the Acme Plastics project was submitted. At that time, the discussion invoived the problem being experienced with graffiti. The Commission agreed that the landscape buffer was the better solution. In addition, the church parcel immediately to the north is PCD. That would mean there are two commerciai parcels abutting each other. However, the larger issue is that because of the graffiti problem, the whole buffer along the west property line along the canal is a landscape buffer which is a 5' high berm with a hedge in lieu of a wall. The applicant did agree that the masonry wall would be installed along Morton's Way to protect that parcel from the PUD to the north. Ms. Heyden advised that that discussion probably took place about three years ago. The Acme Plastics project was approved and has expired. The settlement agreement supersedes all the exceptions, and it requires the buffer wall. Attorney Cherof clarified for Mr; Morton that this issue involves putting in the buffer wall on the north side between the church parcel and the PCD. Mr. Morton said the agreement was to install a landscape berm with a Ficus hedge. A SHORT RECESS WAS DECLARED TO RETRIEVE A COpy OF THE SETTLEMENT AGREEMENT. THE MEETING RECONVENED AT 9:08 P.M. Attorney Cherof advised that the settlement agreement does not specifically talk about the wall between the Cracker Barrel and the church site, but it references that other walls or berms will be constructed. The Code requires a masonry wall between the PCD and PUD. 21 MEEnNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7,1996 This was dealt with by the Commission on the west boundary. It was waived because of a concern relative to controlling the graffiti. A berm was found more suitable. The Commission has that same discretion at this time. He explained that the Commission could require the wall with landscaping on the interior section (south side of the wall), and let the church deal with the north side of the wall when the property is developed. The Commission also has the authority to waive the masonry wall. but require a landscape berm, or any combination of the two. -- In response to Commissioner Titcomb's question, Ms. Heyden advised that the buffer is required to be 25' in width. This is a Comprehensive Plan policy which was discussed during the last workshop. There was a consensus to require a wall and landscaping so that the problem of graffiti would be eliminated. Commissioner Bradley feels there is sense to that type of approach. However, considering that there is a berm on the western side which is landscaped, he feels it might make more sense to go with a consistent approach and look. He would prefer a berm with landscaping -- on top of it. City Manager Parker advised that if there is a problem with the zoning overlap on the church property, the City would amend it to suggest that the Commission say, "to the northern boundary of the Cracker Barrel property". This would eliminate the possibility of the' applicant going into the church's property to do the berm or wall. Attorney Cherof and Mr. Morton confirmed for Commissioner Bradley that the church purchased part of the PCD. Commissioner Tillman feels the Commission's approach should be consistent with what already exists. He will support the berm and landscaping. Vice Mayor Jaskiewicz will also support the berm and landscaping between the church and the Cracker Barrel property. However, she would like consideration between the residential and gas station commercial property on the west boundary to make sure that it is either bermed adequately, or have a wall and shrubbery. Mr. Campanile stated that this particuiar area is part of the berm which was discussed in the Shoppes of Woolbright PCD application. It is part of Resolution R95-65. City Manager Parker advised that there will be a 5' berm with a 5' hedge. Commissioner Titcomb requested a list of allowable uses for the property to the north of this site. City Manager Parker advised that they could put in a residential use. It is master planned for a church, but the church could request residential in the PUD. They have calculated that 70 single-family homes could be put on that property. However, Mr. Morton explained that it may not be possible to do that because of the way the property sits. The density is based on the traffic generation which was 750 trips. A single-family house 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7,1996 generates 10 trips per unit. If they chose to put multifamily on this parcel, the number of units would be slightly higher. Commissioner Titcomb agrees with the other Commissioners that there should be consistency around this portion of the site. However, if the PUD becomes residential in the future, there would be different criteria for what would have to go between the commercial to the south and residential to the north. He wants to be certain to allow for that at this time. City Manager Parker advised that staff's comment relative to the wall was included to protect the residential type use to the north from the commercial to the south. If that requirement is removed. there will be no chance to go back if the church requests a master plan modification to build homes. Mr. Morton stated that the church parcel shows a landscape buffer of its own separating the two properties. There would be a 25' buffer on one side, and either a 10' or larger -- buffer on the north side. That buffer zone would amount to anywhere from 35' to 50'. Consensus There was a consensus of the Commission to keep this consistent and allow the berm and landscaping. City Manager Parker asked if the Commission was happy with only the Ficus hedge or whether they would prefer to see a landscape berm similiar to the landscape berm proposed by Gary Lehnertz which was approved as part of the settlement agreement that is proposed on the other side of the property. Mayor Taylor would prefer some trees. Mr. Morton said he thinks the berm that will be put in would be more heavily-landscaped than a Ficus hedge. He requested that the "Gary Lehnertz Plan" be left out of the discussion because they have been fighting it for ten years. He feels Cracker Barrel will come up with a suitable 5' landscape buffer plan that the City will approve. City Manager Parker advised that the Commissioners will now be making an agreement. Mr. Morton does not want to do the "Gary Lehnertz Plan". Mayor Taylor feels that if the applicant wants to overcome some of the objections relative to the elevations, it would help for the applicant to agree to include some trees to help shade the northern side. The Commission would probably not be so concerned about the wood paneling if there were trees included for shading. 23 MEEnNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7,1996 Vice Mayor Jaskiewicz pointed out that the development on the south side of Woolbright very adequately shielded the residential area with foliage and trees. All Ficus hedge will be very boring and not very aesthetically pleasing. Trees would serve a better purpose, and Vice Mayor Jaskiewicz is concerned that the gas station be shielded as much as possible. Mr. Morton agreed with Vice Mayor Jaskiewicz that RaceTrac should put trees along the berm. The berm between the church and the Cracker Barrel will include trees. City Manager Parker advised that RaceTrac was not present, and Mr. Morton has no jurisdiction to speak for RaceTrac; therefore, what he said has no relevance. He cannot speak for RaceTrac unless he is willing to put in the trees. Mr. Morton agreed that if RaceTrac does not agree to put in the trees, he will put them in. He pointed out that RaceTrac has some issues to be resolved, and he believes they will be happy to do it. Mr. Campanile reminded the Commission that regarding the left-turn lane, if the applicant's efforts with Mr. Hukill that the left-turn lane are futile, they would like to make the left-turn lane contingent upon the Certificate of Occupancy for Cracker Barrel rather than on any building permit. Ms. Heyden advised Mr. Campanile that all comments must be complied with prior to Certificate of Occupancy. The off-site improvements and the turn lanes must be done prior to the Certificate of Occupancy. Mr. Campanile said he is specifically referring to the approval of the engineering plans similar to a project where the water and sewer is approved prior to pulling the building permit. This is a similar issue. Attorney Gherof confirmed with Mr. Campanile that he was referencing Comment #20. Ms. Heyden questioned whether the applicant's concern was that the traffic study would not be reviewed and resolved prior to building permit. Mr. Campanile explained that his concern deals with the fact that Cracker Barrel wants to get in the ground as soon as possible. They do not want to delay that. If the turn lane is needed, the applicant wifl put it in before the Certificate of Occupancy. City Manager Parker advised that the language should read as follows: "If deemed needed by the City Engineer, to be installed prior to the issuance of the CO". Mr. Campanile agreed with that language, and the Commission had no objection. · Comment #45 - "Indicate anticipated use of the northwest, unimproved . corner of the property. Mr. Campanile stated this will be retention area. Ms. Heyden confirmed this will be dry 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7,1996 retention so that it will be open space. She reminded the applicant to mark this on the plan. · Comment #47 - This item deals with the facade of the building. Ms. Heyden reminded the Commissioners that the Planning and Development Board recommends that on the north, south, and west elevations, the applicant minimize the wood, and replace it with stucco. They can retain their corporate image on the east elevation. MAYOR TAYLOR OPENED THE PUBLIC HEARING. Doris Gudmundson said she has travelled extensively up the East Coast and through the Midwest. She was delighted when she noticed the Cracker Barrel sign in Boynton Beach. However, she was very disappointed that there was a request that they change their motif. __ She feels we have enough peach and pink buildings in South Florida. She recommends keeping the look as it is. In addition, she is pieased that the Commission has decided to allow the berm rather than the wall because we already have enough walled cities in Florida. The walls cut off the beauty and the breeze. Leave Cracker Barrel like it is, and bring something new and fresh to Boynton Beach. Maurice Rosenstock. 0... Villa Lane. expressed concern about what the Commission was about to do with regard to a major entrance to a development. With the parcels being generated on this property, and the Vinings, if the City waits for this development to take place and then require the turn lane, a great deal more damages could be involved in a potentiai lawsuit. He recommended that the Commissioners consider this seriously and not make it dependent upon a CO. City Manager Parker reminded Mr. Rosenstock that the applicant has agreed to install the turn lane if the City Engineer asks for it. Mr. Campanile agreed. Lvnne Matson advised that three years ago, former Mayor Harmening contacted Cracker Barrei to express an interest in having them locate here. At that time, the only anticipated problem was signage. She was dismayed to read the newspaper article which had comments that this building is very boring. Anyone who has travelled along 1-95 or the Turnpike knows how quaint and charming Cracker Barrel is. She is hopeful that the Commission does not insist on stucco because of the uniqueness of this business. They have their own trademark and logo. Their design is part of their appeal, and that is why they are called an Old Country Store. To paint it peach is ludicrous. She would hate to have them pull up stakes and move somewhere else because we insist on a stucco city. Gary Lehnertz. 619 SW 2 Ave.. said one of the things that came up repeatedly during the Vision 20/20 Conference was the idea that residents were looking for an overall design to 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MA Y 7, 1996 tie the City together and make everything harmonious. Home Depot and the Vinings are congruent because they have similar colors and architectural designs. Cracker Barrel is 100 percent different. If this is approved, when the next developer comes in, another exception will have to be made, and soon, there will be a hodge podge with no continuity. The Commission should demand a design which is harmonious. ~. Dave Beaslev. 515 SW 2 Ave.. was a former member of the Planning and Development Board. He disagreed with what he heard and what he read in the newspaper. He feels this City would be boring if everything was the same color, and everything was stucco. He likes Cracker Barrel the way it is, and hopes the Commission will approve it that way. Jeanne Pllarim discovered Cracker Barrel years ago on a cross-country trip. There is a Cracker Barrel Old Country Store just outside the Vera Beach Outlet Mall which is all stucco. Cracker Barrel does not look out of place. There is a Cracker Barrel next to the Florida Culinary Institute, which is all stucco, on 45th Street Cracker Barrel does not look out of place. Cracker Barrel is an Old Country Store with country charm. If we lose -- Cracker Barrel in this city, we will lose a lot. Fawn Bradlev. 1051 Coral Drive. agreed that the City should have a theme that we can all relate to. However, she totally disagrees with Gary lehnertz. She does not want anything else to look like The Home Depot or RaceTrac. Keep Cracker Barrel as Cracker Barrel. It will stand out, but it will not look bad, and it will draw people. A member of the audience said the idea of continuing the same look around the property has validity. When bounded on the west by water, a berm makes more sense. However, on the north, when abutting up to property, a wall should be installed. She stated that she loves Cracker Barrei, but feels there are ways to mix wood and stucco so that the look could be compatible. She urged the Commission to be carefui about setting a precedent. THE PUBLIC HEARING WAS CLOSED. Commissioner Tillman pointed out that this is a growing City, and different people and ideas must be allowed to be part of it. He has travelled extensively, and he finds Cracker Barrel pleasing to his eyes. He does not feel everything in the City must be totally compatible. If the Codes and zones are in place, then the project is compatible. He will support Cracker Barrel as it appears. Vice Mayor Jaskiewicz has received numerous phone calls regarding this project. All of the callers were upset at the prospect of patronizing a Cracker Sarrei that did not look like a Cracker Barrel. Vice Mayor Jaskiewicz does not believe there is any congruency between The Home Depot and the Vinings. She cannot imagine anyone wanting to change Cracker Barrel. She is in favor of Cracker Barrel looking like Cracker Barrel. The landscaping will fit in with the country theme. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY'7,1996 Commissioner Bradley feels the Planning and Development Board missed the mark on this particular project. When the newspaper article appeared. the phone calls began. Since that time, he spoke with a few of the members who are not in agreement with the stucco/wood mix. The Planning and Development Board wanted the Design Plan to do what is in place to do -- that is, to create harmony among the buildings. Commissioner Bradley questioned whether or not it would be possible, in the spirit of cooperation, to look at the other buildings and try to capture some small items such as color or detail. He urged the applicant to see if there was a way in color or detail, window framing or door framing, to capture a little bit of what is happening around the Cracker Barrel. He is excited about Cracker Barrel coming to Boynton Beach because it has the flavor of family. Commissioner Titcomb also received a tremendous amount of phone calls on this project. He was present at the Planning and Development Board meeting, and normally, he agrees with the issues of compatibility and harmony. He is a proponent of economic development. The City has been offered a project that will be beneficial to us and will bring the kinds of clientele and economic development traffic to help move this City's spirit. Commissioner - - Titcomb would like to see a way to tie this building, via landscape or detail color, into the bigger picture of this commercial development; however, he believes Cracker Barrel will provide a project that the community will be happy with. Commissioner Titcomb made it a point to look at the building on 45th Street, and he has no objection to the look and feel of the building. He feels that there are times exceptions must be made and the mold must be broken. He is supportive of this project. Mr. Campanile said the applicant will make an attempt to comply with the comments made. The landscaping will be uniform. Mayor Taylor pointed out that the City does not to have the same theme throughout. There can be several themes in different areas. He had a conversation with one of the strongest proponents of the stucco, and he agreed that a theme coukt be created with landscaping. The Commission is doing that this evening. Mayor Taytor feels that when the berm, hedges and trees are in place, not very much of the rear of this building will be obvious. Ms. Heyden reviewed the comments for clarification as folows: Comment #7 has been reworded to say that the fire main should be moved to the northern part of the landscaped island where it is shown on the site plan. Mayor Taylor noted that he did not hear the applicant agree with this comment. Mr. Campanile explained that this issue arose at the Planning and Development Board where the applicant agreed to move a fire hydrant from the south side of an island on the south side of the building to the north side of the same island. Comment #20 will read, "Provide northbound turn lane on SW 8th Street into 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7,1996 Cracker Barrell prior to issuance of Certificate of Occupancy unless deemed unnecessary by the City Engineer". Comment #25 will be addressed at a City Commission meeting on May 14, 1996. Comment #28 - The second to the last sentence will read, "Adjust the location of the 25' landscape perimeter buffer to include a berm along the north property line of Cracker Barrel and landscape with trees and shrubs". Comment #29 will read, "File a replat of the affected portions of the PCD". Comment #30 - Deleted Comment #47 - Deleted Comment #54 - Locate lighting near the dumpster or shield from the adjacent -- residential property. City Manager Parker advised that Comment #50 would be deleted based on the fact that the property belongs to the church. Mr: Campanile said Comment #53 is the exact same comment as Comment #20, and it should be deleted. Ms. Heyden agreed that Comment #53 couid be deleted. With regard to Comment #47, City Manager Parker reminded the Commission that Cracker Barrel will be submitting building plans within the next three to five days. She does not want staff to be questioning the attempt they have made to conform with the other projects in this PCD. Commissioner Bradley asked the applicant to explain the attempts that will be made to have the elevations blend with the other properties. Mr. Campanile said he woukf speak to the architect in the morning. Ken Sweeney, Construction Manager for Cracker Barrel, said he will do everything in his power to make the landscaping blend and add to the entire development. Cracker Barrel does not try to force any issues on a planning commission. The store and the look is their signature and concept. They will go over and above as far as landscaping and blending is concerned. Commissioner Bradley agreed to accept Mr. Sweeney's word to do whatever he could in this regard. He was not willing to hold up the project. 28 MEETING MINUTES REGULA'R CITY COMMISSION BOYNTON BEACH, FLORIDA MAY'7,1996 Motion Commissioner Tillman moved that this project be moved forward as presented. Commissioner Titcomb seconded the motion. Vice Mayor Jaskiewicz confirmed with Commissioner Tillman that his motion takes aJl staff comments into consideration. The motion carried unanimously. IX. NEW BUSINESS: A. Stop Sign Installation. Boynton Lakes Boulevard Mayor Taylor announced that on March 30, he met with members of the board of Boynton Lakes North. They reported a speeding problem on Boynton Lakes Boulevard, and -- expressed their concerns about the safety of children who wait for school buses. They requested four-way stop signs. At that time, Mayor Taylor was aware of the fact that there had been a four-way stop in this location, but it had been taken down. When Mayor Taylor spoke with the board members, he did not know the reasons for the removal of the sign. He explained that stop signs are not used to control speed, but he was concerned about the safety of the children. He instructed the City Manager to have the City install the stop sign and conduct a traffic survey. The'signs were installed, and complaint phone cails from residents of Boynton Lakes South were received within one week. Those complaining felt it was an inconvenience. Additionally, they were upset that they had requested signs and had been refused. Mayor Taylor explained to the callers that he was looking into this matter, and the signs were in piace while the City investigated the situation. Since that time, the traffic survey has been received, and it indicates that there is no need for the signs. However, the issue of safety of the children still exists. Attorney Cherof advised that the State Uniform Traffic Control laws, which are set out in Chapter 316 of the Florida Statutes, defer to local authorities the power over streets and highways within the jurisdiction of the City. Mayor Taylor explained that the sign was refused at Estates and Boynton Lakes Boulevard. He has been told there were three accidents at that intersection after the stop sign was installed. Commissioner Tillman reported that this is a major issue. The road is used as a short cut to access Meadows Circle. There is a park in the area where children play. In addition, new townhouses are being built which add to the traffic. Commissioner Tillman feels the stop sign is a necessity. 29 MINUTES SlECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 19~J1f"' / Mr. Campanile advised that there are two entrances(inte Cracker Barrel;;- a n<Jrth one and a south one. One of the comments asked for a turnlan~ to the south entrance, but a turn lane already exists at the north entrance. Mr. Morton add-ad that the first left into the Cracker Barrel is probably the one that will fit based on what is available. If an attempt is made to put in a southbound left and a northbound right, there will be problems. Mr. Morton agrees with the northbound left. He does not disagree with any of the comments; however, he wants to review this with staff and the traffic engineer. They agree with anything that is public safety, and will install those lanes. That is not an issue because it is a benefit to everyone. However, there is not enough room for the southbound left and northbound right. Mr. Morton clarified for Mr. Haag that staff is requesting a southbound left into Taco Bell, a northbound left into Cracker Barrel. There is not enough room to do both. Trying to fit both turn lanes will cause more of a problem. If it can be done, Mr. Morton has no objection to it; however, he needs to look at it to figure out the configuration and review the safety issues. If it is a safety issue, it will be done. Chairman Dube requested clarification about the removal of the drive-through. Mr. Campanile explained that there was some confusion about the request in Item #3. Mr. Campanile heard comments that the drive-through lane was removed. It was not the intent of the applicant to have that lane removed. The drive-through lane is on the plans, although it may not be labeied as a drive-through lane. They want a drive-through lane as part of the approval. Mr. Morton said there was a plan that showed Burger King as 3,175 square feet versus 2,500 square feet with a drive-through on the east side. That plan did not get into the hands of staff. There was never an intent to remove the drive-through on the east side which was previously approved. Burger King is 3,175 square feet with a drive-through. Vice Chairman Golden questioned whether or not there is a possibility for a cross-access between Cracker Barrel and the gas station. Mr. Morton said they have been trying to get this to happen. There have -been discussions between Cracker Barrel and RaceTrac to enable this to happen. The gas station's west property line is incorrect on the master plan. They bought the parcel, but it did not get picked up. That will be cleaned up prior to this application going to the Commission. Ms. Heyden clarified that when the gas station was approved, the boundary, as it currently appears, was the one shown. Mr. Morton said AaceT~ is not exceeding that boundary. They just own the property. Ms. Heyden said the drive-through issue is in the agenda because it was part of the submittal letter. Staff was eliminating the drive-through lane at the applicant's request. However, it is a minor issue, and can be put back on the plan. 8 MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 Chairman Dube acknowledged the presence in the audience of Mayor and Mrs. Taylor. Motion Vice Chairman Golden moved to recommend approval of the master plan modification for the Shoppes of Woolbright PCD to amend the previously-approved master plan to reduce the building size of Outparcel1 from 6,920 square feet to 5,930 square feet; increase the building size of Outparcel2 from 5,755 square feet to 6,745 square feet, change the use of the 5.36 acre tract on the west side of S. W. 8th Street from a 28,000 square foot commercial building to a 9,970 square foot (180 seat) sit-down restaurant; and expand the size and boundary of the PCD by reduction of the width of Morton's Way from 80 feet to 50 feet subject to staff comments with the exception of Item 13 to modify the word permit to Certificate of Occupancy in the second paragraph. Mr. Aguila seconded the motion. On the issue of the traffic report, Mr. Aguila confirmed with Mr. Morton that he is committed to working out the issue of the turn lanes. Mr. Morton said Maria Palumbo will meet with staff and work out all of the turn lanes and make sure public safety is addressed. John Coors, with Austin Construction, who is building the RaceTrac, saw the signs on the property, and decided to attend the meeting to see what was going on. The motion carried unanimously. B. SITE PLANS New Site Plan Description: Cracker Barrel Old Country Store Louis R. Campanile, Jr. CCL Consultants, Inc. Howard Scharlin, Trustee East side of S.W. 8th Street, approximately 200 feet north of Woolbright Road Request for site plan approval of a 9,970 square foot, 178 seat restaurant/gift shop on 4.12 acres located on a portion of Tract B of the Shoppes of Woolbright P.C.D. 1. Project: Agent: Applicant: Location: Louis CamDanile. 2200 Park Central Boulevard North. PomDano Beach. represented the applicant. In response to Chairman Dube's question, he advised that most of the 53 comments are minor, and the applicant agrees to all with the following exceptions: 9 MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 Comment #7 Comment #7 is the result of the TRC meeting. They would like the fire line and double- check valve on the north side of the building rather than the south side of the building. In checking with the architect foriCracker Barrel, all of their service for water comes out of the south side of the building. It would be a hardship for them to change their plan to have the service come out of north side of the building. Both north and south sides of the building have equal access for the Fire equipment. The entire site is designed to accommodate semis, buses, etc. Mr. Aguila suggested that the applicant consider moving the hydrant to the north side of the island as a compromise. Mr. Campanile feels this is an excellent suggestion, and has no problem making that offer to the Fire Department. Comment #47 Mr. Campanile referred to the colored renderings of the building which were displayed on the easel. At the TRC meeting, a suggestion was made that the landscaping for the entire PCD be tied in as one so that there will be continuity within the shopping area. Mr. 'Aguila asked if there was any discussion about toning down the corporate identity on the sides and rear of the building, and only maintain it on the east elevation. Mr. Campanile's response was negative. He stated that he has only discussed all or nothing, and Cracker Barrel has said it's either all or nothing. Mr. Aguila did not feel this was a very good attitude to take when trying to work things out. Mr. Rosenstock said he has traveled all over the country and seen many fast-food chains that have changed their outside identification and look to suit the look of the community they are in. The best example of this is McDonald's. In Boca Raton, one would never know a McDonald's exists unless you saw the two or three foot arches. Mr. Rosenstock suggested Mr. Campanile go back to Cracker Barrel and tell them they should begin compromising if they want his support. We have a design plan and we cannot govern by exception. Mr. Aguila agreed with Mr. Rosenstock's remarks. "All or nothing" concepts are nonsense, and it gives him a different attitude. He feels it is fair to request that they tone down the sides and rear of the building. Those areas do not make any kind of statement That toning down would gain his support of this project. Mr. Campanile advised that Cracker Barrel did not give an ultimatum, but they did state that it is important for them to have their corporate identity. 10 MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 Mr. Morton said Cracker Barrel is a unique restaurant. It is called, "Cracker Barrel, Old Country Store". That is their name and their logo. Trying to get conformity of Code in a PCD is difficult. The yardsticks for architectural control would be RaceTrac Petroleum or The Home Depot. Mr. Aguila pointed out that boards and Commissions have people come into conformance with the surrounding communities. Miarri Subs is a prime example of that situation in Boynton Beach. In the end, they complied with the Commission's requests, and they are operational and a great store. When he suggested a fair compromise to keep the front as is, but tone down the sides and rear by using more stucco and less wood siding, he cannot imagine why they would feel they are not getting their message across. Mr. Morton offered to contact the Cracker Barrel representative to discuss this situation. Mr. Rosenstock advised that the City of Boynton Beach will be participating in a Visions 20/20 program in approximately one week. Mr. Rosenstock has stood before the Commission and this board and talked about developers in the community. Our community is now planning for the future. He feels that an architectural plan as to what we want our City to look like has been cut down because of developers like Mr. Morton. Mr. Rosenstock does not feel Mr. Morton has done this maliciously; however, because RaceTrac does not fit in with anything, and Home Depot does not fit in with anything, we wil/'wind up with a tremendous parcel of the property that will be a garbage can with regard to design. Mr. Rosenstock feels the developer should have a little respect for the community and try to abide by the design plan. He feels the time has come to stop all these exceptions. Vice Chairman Golden agreed with Mr. Aguila's comment about the compromise to the east side of the building, and feels it is a reasonable solution. Chairman Dube expressed some concern about what Leisureville will see from across the way since the berm is 5'. There is a pad at the rear of the building with wood sitting on it. Mr. Morton said the berm that will be landscaped is not on the plan. It is on the outside. In addition, Leisureville, in this particular location, is across the canal. The project will not back up to LeisurevilJe because there is a berm, a canal and an FPL easement. Vice Chairman Golden questioned whether the rooftop equipment was considered for parapet screening. Mr. Lewicki said staff has discussed this issue. Mr. Aguila advised that there is something in the Code which states that this equipment may not be visible for distances of 600'. Mr. Morton agreed that this project will meet that requirement. In reviewing the plans, one of the things that caught Mr. Aguila's attention is the light in the island on the north side of the store which shines towards the dumpsters. That light will II MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 impact the resident on the west by shining into their homes. He recommended finding another way of lighting that area. Mr. Aguila also questioned the location of the buffer wall, and the size of the buffer wall. Mr. Morton advised that there was agreement with the Commission that there would be no wall on the west. The applicant is putting in the berm and hedge on the west. They also agreed that instead of the wall, they will install a landscape berm on the north property line. There are other comments, however, that say there should be a wall. In addition, there is another issue. There is some question as to the exact north property line. Mr. Morton will have surveyors prove the answer to the City's satisfaction. The church wanted more land in 1987. Although there was not much to give them, they did give them some land. There are deeds to that extra strip. Now there is confusion as to where the church's south property line exists. When the applicant came through with Acme Plastics several years ago, it was discovered that there is a strip that the church has that is zoned PCD. The remainder of their property is PUD. Mr. Morton thinks the strip is between 20' and 30', but staff thinks it may be 130'. All of these issues will be cleared up under replat. However, it brings up the issue that Cracker Barrel is not up against the PUD. It is up against the PCD. Mr. Morton believes the'strip of PCD is part of the church's property. The final determination can be made when the survey is figured out. Vice Chairman Golden inquired if the recommendation is to rezone the strip to PUD if it is part of the church property. Ms. Heyden responded affirmatively, but reported that there is a lot of information that must be researched. Mr. Aguila feels there might be a sight triangle problem created by the plantings in the median. Mr. Morton agreed. He said it is an approved planting plan, but it affects the sight lines. When they go through the program of left-turn lanes, they may have to readjust the planting material. He feels the live Oaks may have caused the sight line problems. Mr. Aguila advised that he will support the site plan if Cracker Barrel will commit to getting rid of the side and rear elevation materials, stucco it, and add minor ornamentation. He will not support the site plan with the elevation as presented. Vice Chairman Golden would like to see the revised elevation; however, Mr. Aguila explained that that would delay their forward movement for a month. Vice Chairman Golden suggested that the elevations be removed from the site plan and brought back to the Planning and Development Board if possible. Mr. Morton said he will speak with Cracker Barrel to see how they feel about making the 12 MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 changes requested. Mr. Morton does not feet it is necessary to stucco the north elevation. Vice Chairman Golden expressed concern about the integration of the site with the RaceTrac strip to the north, the sight problems, and the comments about landscaping. He feels more work is needed to make this project conform with the surroundings. Ms. Heyden asked the board to verbalize its recommendations on the elevations. She requested that the applicant take the suggestions back to Cracker Barrel and submit a revised elevation for the City Commission so they can see the recommendations. Chairman Dube questioned whether or not 1he expedited process was responsible for the number of comments that exist. Ms. Heyden responded affirmatively and explained that the expedited process does not allow a second submittal. However, some of the comments would still exist, but one quarter or one third of them might have been eliminated. Motion Mr. Aguila moved to approve the site plan submitted by Cracker Barrel Old Country Store on the east side of S. W. 8th Street, approxinately 200 feet north of Woolbright Road, the req~est for site plan approval of a 9,970 square foot, 178 seat restaurant/gift shop on 4.12 acres located on a portion of Tract B of the Shoppes of Woolbright PCD subject to all staff comments and subject to the owners of the property agreeing to reducing the amount of corporate image elevation motif on the north, south, and west elevations almost in their entirety, and submitting a revised eievation to the City Commission for their acceptance. Vice Chairman Golden seconded the motion. Attorney Pawelczyk confirmed with Mr. Aguila that the motion is subject to the owners of Cracker Barrel agreeing to reducing the amount of corporate image elevation motif on the north, south, and west elevations almost in their entirety. Mr. Aguila does not have a problem with the curved parapet, the rain cap or the chimney. He has a problem with the wall treatment on the north, south and west elevations. He does not mind a certain return on the north and south elevations from the east (approximately 10' to 20' maximum). Mr. Aguila also amended the motion to include the fact that there was agreement on the part of the applicant to rework the light at the dumpster. The fire hydrant issue can be worked out with the Fire Department. Vice Chairman Golden agreed to the amended motion. Brief discussion ensued regarding the mixture of the colors peach and brown. Mr. Aguila believes that when the elevations are revised, Cracker Barrel will work on a color that 13 - MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 works with their corporate image. He is not comfortable telling them what colors to bring back. He pointed out, however, that this is a bland, boring building and does not do anything for the City of Boynton Beach. Cracker Barrel would be seriously "missing the boat" if they do not get the point. Mr. Morton will pass the message along. Ms. Heyden reminded Chairman Dube that there was a comment relative to the Fire Department. Chairman Dube advised that the comment was added into the motion. At Ms. Heyden's request, Mr. Aguila advised that this fire hydrant is located on the south side in front of the building on Page C-3 of the plans. The motion carried unanimously. c. OTHER Discussion 1 . Zoning Code change to establish setbacks for miscellaneous types of structures (e.g. - trellises, barbecue pits, fountains, raised planters, etc.) Ms. Heyden reported that this is an Ordinance which came about for two reasons; one reason deals with the Clear Copy appeal that was filed, and the second reason is because a question was raised as to whether or not the language in the Code regarding overhangs applies to commercial buildings. Since staff was taking the time to clarify this issue in an Ordinance, Ms. Heyden felt this was the perfect time to delve into the area of other minor structures that have presented problems. These areas. are either not addressed in the Code, or are not clearly addressed. This Ordinance will go before the City Commission for second reading on May 7, 1996. Vice Chairman Golden expressed concern about Item #23 which regulates basketball goals. He felt this type of regulatjon is excessive, and questioned the repercussions of Code Enforcement trying to enforce this regulation. Mr. Rosenstock did not agree with Items 18 and 12 because many cities have forced industry to supply sculptures and art, and restricting them to within 3' is not the right way to go. Chairman Dube explained that this Ordinance will set the standard. Applicants can then apply for a variance. Mr. Rosenstock did not feel it was right to include something that will have people requesting a variance. Ms. Heyden explained that in the past, many of these items were not included in the Code; therefore. a request was denied. These items are being included so that they can be reviewed. 14 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1996 Mr. Rosenstock was more concerned about the fact that someone may get an approval for a building to be built, then comes in for a modification, and then changes the sign. Ms. Heyden explained that signs do not fall under a major site plan modification. Planning and Zoning and the Building Department are responsible for approval of those signs. However, on new projects, signage is a submittal requirement. Mr. Rosenstock has noticed the color of Clear Copy, and he does not recall the Planning and Development Board or the City Commission approving the present color. Parameters are required. Ms. Heyden advised the members that because a sign is approved at the Planning and Development Board, it does not mean the applicant cannot submit a modification at a later date. That submittal would be handled as a minor site plan modification or a site plan waiver. If there is staff concern about what was approved as compared to what is submitted, it will be brought back as an administrative appeal. If he was in Ms. Heyden's position, Mr. Rosenstock would bring a modification back to either the Planning and Development Board or the City Commission to determine if that is what they want or approved, particularly as it relates to color of buildings, signage, and neon tubing. Ms: 'Heyden said it is not common to have colors change during permitting; however, if there is a big change, the project is brought back to the City Commission. She explained that the minor site plan modification criteria is very loosely worded. She appreciates the board's comments relative to the quarterly reports because staff takes guidance from the board to fill in for the looseness of the criteria. If the board has concerns about these color changes, staff will bring future projects back to the board. Consensus ~I ~ There was a consensus of the board to have future Quarterly Reports split out into pending projects and carryover projects that were approved in a different quarter. c. Special Planning and Development Board meeting to be held April 23, 1996 at 7:00 p.m. in the Commission Chambers NuJSP rfo-oot{ Ms. Heyden made this announcement and explained that the items on the agenda are all Tradewinds projects. There is a site plan for Cracker Barrel, a master plan modification for the PUD to change from multifamily to single family, and a Master Plan Modification for the PCD. There was going to be one large retail building in the area where Cracker Barrel is planning to be built on the west side of SW 8th. Cracker Barrel will be using all of that space. Because of the court order, we are required to process these applications in an expedited manner, including conducting special Planning and Development Board 4 MINUTES - SPECIAL CITY COMMISSION/CHAMBER OF COMMERCE WORKSHOP BOYNTON BEACH, FLORIDA MARCH 18, 1996 City Manager Parker advised that the police will patrol to make sure that the park is closed at dusk. With regard to the plaza beneath the bridge, we are addressing access and lighting with the Department of Transportation. The marina project is being looked at in terms of security lighting and access for foot patrol. City Manager Parker also advised that all patrol of the downtown~has already been switched to bicycle patrol. Mr. Russillo stated that the residents of Coastal Towers are concerned about the area under the bridge. Mayor Taylor stated that there will be fencing there, so people will not be able to walk from beneath the bridge to Coastal Towers. 4. RECENT ECONOMIC DEVELOPMENT ACTIVITIES Ms. Shabotynskyj asked if any new businesses are planning to locate to Boynton Beach. Mayor Taylo-f advised that Romano's Macaroni Grill is going into the old Marie Callender's, andl:racker "'"Barrel is going to be on Woolbright Road. Weare currently working with someone who wants to redo the entire project where the old K-Mart is on Federal Highway. They want to landscape it, do lighting, and renovate Walgreen's. However, they want a drive through prescription window, which our Code does not allow. Also, an Italian restaurant is going in by Target. <,!.~i,.~ .'. .". Mr. Norem was glad that someone wants to redevelopment the K-Mart Shopping Center. He asked if it would be possible to make the area where K-Mart is, and what backs up against the Intracoastal, into a public area as opposed to a loading zone for semis. Mayor Taylor advised that the land behind K-Mart is owned by a different party, and the party who wants to redo this area is trying to purchase that land also. Mayor Taylor pointed out that there is enough room there for something nice, like a restaurant on the Intracoastal. Unfortunately, retail is authorized in that area. Ms. Shabotynskyj asked if there are any plans for Quantum Park. Mayor Taylor informed her that we are working on a couple of big things for Quantum Park; however, it is too early to talk about them. Ms. Shabotynskyj advised that the Chamber of Commerce is ready to put together some of their bigwigs when the City wants them to meet with some big companies. Vice Mayor Jaskiewicz advised that the old Sandpiper Motel on Federal Highway is going to be demolished within 45 days, and the owner has indicated that he will probably build high priced town houses on that property. Commissioner Bradley said he received a telephone call today 4 Barton-Aschman Associates, Inc. 2627 N.E 203rd Street (Ives Dairy Road), Suite 207 Miami, Florida 33180 USA Phone: (305) 935-0410 Fax: (305) 931-1097 October 20, 1989 Frank lamia Greenberg F'arrcM Architechture Inc. 3927 Peachtree Road NE Atlanta, Georgia 30319 Re: Hane Depot, Boynton Beach, Florida Amen:led Master PlanjWoolbright IUD Dear Frank: As you requested, we have prepared a traffic i.npact analysis of the proposed amendment to the Woolbright POD Master Plan. This analysis is in confonnance with the Boynton Beach Cede Sec. 6; 13-b relatinJ to cnnerxhtent of approved plans page 1924.14 '!he analysis substituted the Hane Depot for 102,250 square feet of the previously approved retail acreage which is entitled to 173,000 square feet of floor space. '!he rema:in.irg 70,750 square feet of floor space was analyzed as a smaller retail center, then oanbined with trips generated by '!he Home Depot an:i the remain:ier of site. '!he results in::licate a net increase in IM peak hour trips by 4.05 percent, while the D:lil y trips increased by 3.26 percent. since the PM peak hour is the key detenninant in defining off-site iIrprovements the net increase durinJ that hour of 41 trips indicates that additional analyses or mitigation is not warranted. If you have any questions, please call me. sincerely, BARIQN-ASCEMAN ASSOCIATES, me. Arrlre Groenhoff Principal Associate cc: Joel Wanbnan Larry reeds ~ A aEPARATIVE STUDY OF TRIP GENERATION Prepared for: THE 10m DEroT Prepared by: Barton-Aschman Associates, Inc. West Palm Beach, Florida Oct. 1989 3224.01. 01 ---~ ---~ ~----- ---~--- 1. INl'R>DUCTION Woolbright roo, situated in J3oyrrt:olt Beach, has awroval for a retail center of 173,000 sq. ft. of gross floor area. '!he Hare Depot prq>oses a store on that portion of the site, to contain 102,750 sq. ft. of gross floor area, leaving a rema.ini.n; 70,750 sq. ft. of retail space. '!be Boynton Beach Code, pg. 1924.14 Sec.6, 13-b requires an analysis to demonstrate that the change does not increase measurable impacts by :roc>re than ten (10) percent. 'lhis analysis was prepared to identify the dlarge in traffic impacts. 2. SITE DE.SCRIPrION '!be approved land use plan for the \tJOOlbright roo contained the follCMin:]; 1. Residential a) Single Family detached 70 D.U. b) MUlti Family 450 D.U. 2. Retail (Shopping center) 173,000 sq. ft. GFA 3. General Office 26,000 sq. ft. GFA 4. OlUrch/School 1200 seats/500 students 3. TRAFFIC CIRCUIATION Traffic generation was estimated based on trip generation rates contained within the latest, 4th edition of the Institute of Transportation Engineer's (TI'E) publication Trip Generation. Traffic generation estimates for the Home Depot were obtained fram prior 1985 studies of six (6) Home Lepot stores located in Florida and Texas. '!be most recent FM peak hour count at a Home Depot was taken by this firm on Friday October 13, 1989 at the existing store in Iauderdale lakes, Florida. " ... SUMMl\RY '!he IM peak hour traffic impact increased fran 1013 trips to 1054 trips, an i..ncrease of 4.05%. The raily traffic impact i..ncrease fran 10,752 trips to 11,100 trips, an i..ncrease of 350 trips or 3.26%. 'Ibis variation is well within the pennissible tolerance of 10% arxi does not require additional traffic inproverrerrt:s or mitigation. It should be noted that the incl:eaSe in trips is not generated by the Haoo Depot. When ~ to a retail center, the Bane Depot. generates less traffic based on square footage. '!he decreased size of the remai.ni.rq retail is producing the i..ncrease. As a retail center decreases in size, it's trip generation rate increases substantially. Therefore, the remaining retail will generate 1OC>re trips per 1000 square feet of floor area, than it did as part of an overall larger retail center. 'Ibis increased rate off-sets the decrease in traffic generation caused by the Horne Depot. 'Ibis analysis is therefore a worse case scenario. ~ Table 1 TRAFFIC GENERATION I.arrl-Use 4:30-5:30 FM Peak Hour raily 24 Hours Approved Plan Residential General Office Retail Olurdl/School Total Inten1al Pass-By (Retail) 300 64 827 144 1335 - 128 - 194 3850 468 10408 308 15034 - 1680 - 2602 Net ExteJ:na1 Trips 1013 10752 Mcxlified Plan Residential 300 3850 General Office 64 468 Hare Dep:Jt 340 4540 tt!t Retail (Remaining) 520 5934 Church/School 144 308 Total 1368 15100 Internal - 138 - 1836 Pass-By (Retail & MD) - 176 - 2164 Net ExteJ:na1 Trips 1054 11,100 ~ Barton-Aschman Associates, Inc. I , 2627 N.E. '203rd Street {lves Dairy Road); Suite 207 Miami, Florida 33180 (305) 935{}410 . .,. . Plolcel ...."YJ-1JQ L/3/? J 6).17 p. (/ / 0/ Joll No SUbICCI/N7UC./V/i"L/t?.A 7/C-'/ Slleel_ of Made by ;4 G. Dale~ c"ec~~ by Dale X)J7l3/?,NAL ReOvcT/O,i/,S . CJFF/CE :-7. f-<E6Z0&,</T/AL. .J:<e.sIO&;A./TJAL 0/- RE77IIL , . I 1 PA66. - t3 'Ii J2ETA IL I ; 1 t=X7E i? ;'.;'~ L , I p2/P4 '4.:;. 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ATTA /lCT1 0.-..(.5 . ..:D--/7EiZ AI /& P I2fO t.Jt::T/ tJ4,s . f74S$ -:.8 Y '(? €T/.! /L N~/ &~N"'L '-pvr>-S. /3 36' . ro.L/ .6/f J<f-'( /e) /3 t P/,/7p&Ak. 1/,00/2 //2/;/ ./2~'ooc //o)>/S (J /ZI G/;"/'.-'1 L /V? A ST E /? PLA.l/ w OO~ Ba /.6/1 T ,.0, U. D. ---~.,---- -- (6]' Project \<IOOL/?,/2lc-,./T ~ (). D Job No. Subject /yt.// .{;;J<:' ,/'/-4-'':' /,z /717'/ c..'</ Sheet,-- of ii' ~ala I i Cr'haCk~bYTT' : ~ala I i ill I' ~ . 1 i .MadallY 1..4 (-r I I I I . \ I 1 I - I 11 'I' I I I j 1 I I 1 70 OX' I AI.ZS'I D,(}) ; I I I I i I I I I i6q (/J I jl?ejS'1 0, OIl I I ! 2;IPp o~ 61f GE{lE3]I2A? PIfF/.C~ ; , ) I ' \ I I \ 1 I ii, 1 0 ~I ?60 lS Fj ),/01,/16 fJ.ERO/]. :.. , I I \ I - T I I ' ,'I, \. 7P;l V6f ~ If f?~JI1IJLr : I! !.' 1 II) 2;tI'16pA-r 1SfO O)/q/Z'fll,fo,;"""vfe..vrs I I' j' j I ' I I i \ I ! I \ I I' \ ! . : I 1 I I I 'I I . .1 I I I ' . I ,I I ", \ . I : i, ' . : i I ., . I I I ,I i' ' I II! IP'1 fjEAX 1H4V'f -r~/R 8'fOfJCT770NS I I r'?,or.c}Ef, iN1,~A'fTeR!, "1lAtI I jWr()f~/?/?711f p, u. o,! , il" I " , i i I ! ~.. -'.J - - l - j. I " " -- -'1-- - I I --I I I \ -I i , . I l \ ! ! 1--- 1 I I I - -r j -' ~ - j-- PR/MAR'Y+I1/~S: -, ~ 36~ :rNTERt./;4t rr7?tP~ j I ~ S , ::I:J.I7EIZ#/lL !fRtpOocnOi/S: 69 : PIl56 - BY! I?ET1JL;; . / .7 ~ I I, I . NET,' ~xle~l1l, TR/ip.s. '/o.S I " . ! ' " 'I I \ , 1 I ----_._---,-------~-_.~---- ~ ... -. -'" ----_.~--_.__._-,---------_._.- ~] Prowcl VI OOL 81< /61/T p, (!, P. Job No Barton-Aschman Associates, Inc. 2627 N.E. 203rd Street (Ives Dairy Road), Suite 207 Miami, Florida 33180 (305) 935{)410 SulJWCI /NTE/LAJA 1-/ ~Al )0.A.y/ Slleet _ of Made by AG . Date Checked by Dele :INTERNAL REOuCTIO,,-</S. .OFFicE ;? AG6/0E.rl T//f.L f?e.5/06lT/(' =/> /2~/71IL ~ PA,S6,-BY.I1E1/lIL 1 L!JI(1!Z?-/lf7 f i:f6I;04"~~L L - '1 A 651tf,N ; ;, 6Y6 reM BEYt1# b b/2/Y4""l-{I. 8: . : ! . ~ : /) - ; p: .. ~~$.s 13 Y :TR I .'.5 . ~ 13" i '" I I ' !, ; . 1 I~J ,; A&S/G(/~_AT; i~ 1 ~-? OI2/V€ wAY: .. ! ~~ ! I ! . - I .' r 70 :OE-r.. t? E6, L) ,.0,. i/.>O .M:~ : R.E6.. ,0, (.J, . . , , 2(P 0 (!)P .6.j::. GE^/E/2AL O~FIc.e, ) , ' '73, O(Jo. c,c /2&TA/L , /2 00 SEA /:5 / CO o. C/lV/2/3;-1/6 rop E".A/73 . I PIZI/Yl)/?'V T72J.P';s .' / ,.vTERr/AL /1n72/?CJ/a..../...5 ., . IA/T"E/Z.q/lL Pl200Ck:.77CJ.A6 P/166.- BY . RE:77l/L NET E)t7E:IV,I /!L7Z/PS / S; <2"; :8/1 8L/ 2/,&0.. / /0.... 7<52 D /IlL 'I /72/p R.e~uc. TIO..-vS <9/2/ G /.A//! L . /Vl //6 --n=:R PL,l:J,.q 000L-13/CleIlT A v,,O, t 1 - ~~---- -----.------- ~ P,OIPCI KI () tJL A /Z / &//7 P u, 0, Jotl No Barton-Aschman Associates, Inc. 2627 N.E. 203rd Street (Ives Dairy Road), Suite 207 MiamI, Florfda 33180 (305) 935-{)410 /)../7 L"'c/'/"t,lLlr'/l-l/C---J. SUbJ6CI Sheel _ of /1G Made by Dale ChecKed by ] AU/6N ,0 6V6-r€Nl . r3JOY~.o. . Dt2/v&WAY ~f'ASS- BY Tlf2J1'. ~A~S;G~ A"/. ___I lJ./ZI_YC Y/fiY I)./T~RNAL I<E OUcTIO.-.JS t)'?"r/C-E ~ RE6/.oe;"v7/AL 6'70 /?~.510EHT///L.=;/ 12 EI/lJL 20 ~o R€ 61013>./7/,1)(. =7 II~E O~()T. 2-'0 PASS - BY I2E/AI.L 2$.70 PIISS -: 8'1 IIO/'/lG" OEPt)"r. 15Cjo (JHURCII. 'l /2~/()E,</77fiL /S-o;;o t<) N /? E-rAIL . /-<1 =. Zy~.7 uT ~ Z.1~7 70 O[;i, R.~, 0, 0, #50 /Y?F /Z E:.6, 0.0. . Z G) 000 SF GeJ/E:RAL c;,cF/CL; /02-... ZStJ ..5 ~ HOME: DepOT 70) 750 ,sF f? ETAJL IJ 200 .,56,47.s/S00 (]/-IcJfCall/sTlJOE.,J..I73 PIZ//YlARY ,IZIP..s /"yt-rEe/-//lL 4TT/Z/k:..770....-'S /A.lTE'IZ-'/.LJL PRoDdC //~.s PASS-.8Y f?ETIt/L lYE -r . E>t'"TE/Z..v.l1c.. -r/Z.//?..5 I . :OA /L y iR /p oRE OJCT/ONS /'/loo/...c-/~O /Y?A6TE/Z P.LA4 WOOL8R/GIIT P. (),L) -~---- ----- Ollie _-0- 0'_. _. 0 /.s: /(){. .Cf/8 9/8 .2/ /G4 .I 1)/00 . , j , (!.e )V~ "'--~PARTMENT OF DEV-=LOPMENT ~ ~lL - ill NOV I 9 1900 m rn@~~Wl!i~ APPLICANT: APPLICANT'S AGENT: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ~~~LDCOUNTRYSTORE CCL CONSULTANTS. INC. PLANNING AND ZONING DEPT. APPLICATION NO.: DATE OF APPLICATION: SEPTEMBER 14. 1996 DATE OF HEARING BEFORE CITY COMMISSION~: B . I~9!i. TYPE OF RELIEF SOUGHT: ~P~RQV AL LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTAC . DRA WINGS(S): SEE EXHIBIT "B" A TI ACHED HERETO. THIS MA TIER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "e" with the notation "Included. " 4. The Applicant's application for relief is hereby )( GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. I 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: Approved under Consent Agenda, no discussion by Commission. DATED: !I/I8Iq~ *~~o.~-~ City lerk ADMINISTRATIVE CONDITION~ Project name: CRACKER BARREL OLD COUNTRY STORE Type of Development Order (Master Plan, Site Plan or Plat) FINAL PLAT Drawing reference: DEPARTMENTS INCLUDE REJECT A. DEVELOPMENT AB BUILDING DIVISION Comments: None AE ENGINEERING DIVISION Comments: 1. Obtain seal from surveyor prior to recording. 2. Correct buffer dedication on sheet one to replace "Palm Beach County" with "City of Boynton Beach" prior to recording. 3. Prior to recording, submit signed and sealed certification according to October 29, 1996 letter to CCL Consultants. 4. Prior to recording, change street name on location map from "Morton's Way" to "Purple Heart Lane". B. FIRE Comments: None C. PARKS & RECREATION PP PARKS Comments: None PF FORESTER/ENVIRONMENT ALIST Comments: None D. PLANNING & ZONING Comments: 1. Prior to recording, add note that "Parcel is under Unity of Title control of the Shoppes of Woolbright PCD". ~ POllCE Cuollll-tub. };one IF. PUBLIC WORKS Comments: None I I I I G. UTILITIES: Comments: None I I I r.' ',"1"W1Nr,mWflTV)r<;:' 1\.ilc:rMl IIr!) ^ rvT'!) ,\lpn December 5,1995 +e~tJ'atf-~ r-~p/. TO: Suzanne Kruse, City Clerk FROM: Rose Marie Lamanna, Legal Assistant RE: Tradewinds Settlement Documents Pursuant to our discussion, attached are copies of the following documents, which should be attached to Resolution No. R95-65: 1 . Agreement between the City of Boynton beach and Howard Schar.lin, Trustee for Woolbright Place, Joint Venture, dated November 7,1995; 2. Beach; General Release of Woolbright Place Joint Venture to the City of Boynton 3. General Release of Howard Scharlin to the City of Boynton Beach. The check referenced in Item No. 16 has been deposited by our Finance Department and I am forwarding the original documents to Palm Beach County for recording. sf Encs. as stated Hand Delivered ---~---_._---~'~_._---_.-.-..~.._------" SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is entered into between THE CITY OF BOYNTON BEACH ("CITY"), and HOWARD SCHARLIN, TRUSTEE for WOOLBRIGHT PLACE JOINT VENTURE ("SCHARLIN") , this / / ." J /, !.;' ,f,~-:-; ,1995. /D . ./ \ " ~ day 0 f WITNESSETH WHEREAS, TRADEWINDS DEVELOPMENT CORPORATION, acting for the Woolbright Place Joint Venture ("Woolbright") and the CITY have heretofore been engaged in lengthy litigation over the development of property located in Boynton Beach, Florida, which litigation is subject to stipulations and judgments entered in Palm Beach County Circuit Court, Case No. CL 86-3661 AE and CL 87-1638 AE; and WHEREAS, Howard scharlin, Trustee for Woolbright Place, Joint Venture, is the true party in interest to the rights of TRADEWINDS and is the sole owner of the property which was the subject of the above referenced litigation; and WHEREAS, Scharlin desires to enter into an Agreement with the . . CITY which shall confirm the good standing of the parties under the stipulations and jUdgements entered in the above referenced litigation, and; WHEREAS, the parties have engaged in negotiations which are intended to resolve all current and future development issues with respect to the real property identified in the above referenced litigation, including issues involving the interpretation of .the previous stipulations entered into between the parties ~~~I::: ~ the Court Orders implementing same; and ~N\~~O 10N\NG Om:. Final 5/16/95 WHEREAS, the parties have agreed upon the terms that will bring the litigation between them to a final conclusion in a manner which is equally beneficial to all interested parties, and to the citizens of the CITY; and WHEREAS, SCHARLIN has represented to the CITY that Scharlin is the only party who holds legal title to the property which is the subj ect of this litigation and represents all those with equitable interests therein, or who has standing to enforce the stipulations and Orders entered into in the above referenced litigation. NOW, THEREFORE, in consideration of the mutual covenants expressed and exchanged herein the parties agree as follows: 1. The foregoing whereas clauses are true and correct. 2. All references to SCHARLIN herein shall mean Howard SCharlin, Trustee as authorized representative of owners of 100% .of beneficial interest in Woolbright, his successors or assigns. 3. INDUSTRIAL ACCESS ROAD: SCHARLIN shall construct the industrial access road centered within a 50' public right-of-way along the northern boundary of the pce within twenty-one (21) months of the date of this agreement including, but not limited to, curbs and drainage. In return, the CITY agrees to abandon or convey to SCHARLIN the southernmost 30' of the industrial road right-of-way. The road shall be built in accordance with applicable design standards and with the typical cross section depicted on attached Exhibit'IA". The design shall incorporate ~ west bound left turn lane on the industrial access road onto S.W. 8th street, a sidewalk along the north side of the road from S.W. 8th street to Final 5/16/95 ~~~-_._._-------~.~-_.._-' .~ the eastern terminus of the road, with curbs and gutters along both sides, and a continuous ficus hedge along the property l~ne which separates the PCD from the Vinings Development. . "SCHARLIN shall provide surety for the roadway improvements in the manqer prescribed by the CITY's Land Development Cod~. The CITY agrees that SCHARLIN may have no more than three (3) points of ingress and egress to the PCD from the industrial access road, provided the access points are located following the customary approval process for the location ,of drive~ays. ~ 4. LANDSCAPE BERM. In addition to other berms or walls which are required to be constructed in the PCD or PUD, SCHARLIN shall construct irrigated landscape berm along the west boundary of the PCD and PUD, less the church parcel, within three months of the execution of this Agreement. The berm height shall be measured from the elevation on the Leisureville side of the berm and may consist of five (5) feet of earthen berm and a ficus hedge. The berm shall be landscaped along its high point with a continuous ficus hedge planted and maintained in accordance with the memo dated May 11, 1995, a copy of which is attached hereto as Exhibit "C". 5. VESTING: The CITY agrees that any and all CITY and County impact fees which are required to be paid for the PUD and PCD shall be calculated at the fee rate in effect in November, 1986 and the CITY' shall collect such 1986 impact fee from the applicant as development orders are issued and as a condition precedent to the issuance of any building pet1llits. SCHARLIN shall pay all other building and permitting fees in effect at the time of applic~ion. Final 5/16/95 To the extent that a category of impact fee did not exist in 1986 and was thereafter implemented by the CITY and/or County SCHARLIN shall not be required to pay such fees. The CITY is not a party to any agreement between SCHARLIN and Palm Beach county regarding county impact fees. The CITY shall remit to the County any impact fees paid by SCHARLIN to the CITY for County impact fees but the CITY shall have no additional liability to SCHARLIN or the County if the County demands additional fees, and SCHARLIN shall hold CITY harmless from any such liability. 6. USES IN THE PCD: The parties agree that all uses permitted under current PCD or C-J zoning regulations are permissible in the boundaries of the current PCD, subject to conditional use approy~l.by the City Commission when so designated in the city Code". By way of exampl e: fast food restaurants are a L; ~ per~itted use, restaurants with drive thru are a conditional use~ ~ req~iring Commission approval. 7. FORCED AIR BURNING: The CITY agrees to permit one (1) controlled air/forced air burning on the site, from the date of this agreement, subj ect to Fire Department approval and proper atmospheric conditions. 8. GARDEN CENTER/ACCESSORY USE: The CITY acknowle~ges that the Home Depot outdoor Garden Center is an accessory use and that said Garden Center shall not be included as part of the retail gross leasable area. 9. REVIEW PROCEDURE: The CITY and SCHARLIN aqree that the development review procedure attached hereto as Exhibit "BU shall be implemented and applied to all applications by SCHARLIN for Final 5/16/95 -~----" - ~--~-_..._-'-~ ...- --_..,..._-_._._.---~-~- ,.. further construction permitting on the property. The CITY further agrees that upon receipt of applications as required by applicable ordinances, it shall process maste~ plan modifications and site plans in accordance with the schedule attached as Exhibit "B". 10. SCHARLIN shall be required to bond all required subdivision improvements including on and off-site improvements required by CITX Code. 11. MASTER PLAN MODIFICATION: Nothing herein shall,prevent SCHARLIN from seeking modification of the current master plan. Notwithstanding any previous requirement, additional commercial buildings need not be attached to the Home Depot Garden Center. Master Plan modifications shall be conducted in accordance with the procedures in place at time of application for same. 12. PHASE DEVELOPMENT: The CITY agrees that SCHARLIN shall have the right to phase development of the PCD and/or the PUD ~s well as sever portions of the property from the PUD or PCD, provided, however, that the phasing of any improvements whi~h are required by the SUbdivision and platting regulations shall be in accordance with the revised master plans submitted by SCHARLIN and approved by the CITY, and phasing of said improvements is reasonably related to the land uses that are proposed in the particular phase. 13. ADDITIONAL CURB CUTS: Notwithstanding any prior agreement, SCHARLIN may request additional curb cuts along S.W. 8th street. Approval shall be subject to customary review and hearing for traffic flow and safety considerations. 14 . RELEASE AND SETTLEMENT: Upon execution of this Final 5/16/95 Agreement by both parties and approval by Court order all prior stipulations, agreements, letters of understanding, negotiations shall be deemed in good standing and satisfied and the future rights of the parties shall be governed by this Agreement and the applicable provisions of the CITY Code of ordinances, as that Code is amended from time to time. SCHARLIN shall provide. t: the CITY tf: a General Release from SCHARLIN, ~~.k j"k"E ;;,-;)/,,/ /JI t~1 If WOOLBRIGHT PLACE, JOINT VENTURE, and MICHAEL MORTON releasing the CITY from all claims or actions accrued or outstanding which either has or may assert against the CITY, except those claims or actions which may accrue in the future based upon either party's failure to comply with any provision. of this Agreement. 15. COMMISSION/COURT APPROVAL: This Agreement shall have no force and effect until approved by a majority of the C~TY Commission and the entry of an Order approving a stipulation for Settlement and Dismissal referencing the terms of this Aqreement. 16. ATTORNEY FEES: SCHARLIN shall pay to the CITY Five Thousand ($5,000.00) Dollars, representing attorney fees and costs incurred by the CITY in this action. 17. CODE COMPLIANCE: The parties agree that unless herein stipulated, all current and future activities will be governed by City Codes and Regulations in force and effect upon the date of application for an activity. 18 . REQUIRED IMPROVEMENTS: SCHARLIN agrees to complete construction of all required improvements including, but not limited to, the industrial access road referenced in paragraph 3 Final 5/16/95 ~_.~._---~"......,---_..-.._._._'--,.._-- above, and previously required landscaping. SCHARLIN further agrees to provide 110% surety for all required improvements and to complete the required improvement within twenty-one (21) months of t~e date of the CITY Comm~ssion accep,tanqe o~this ~qreement. 19. RIGHT-OF-WAY LICENSING AGREEMENT: The parties agree that the Grant of License by the CITY to SCHARLIN as recorded with Palm Beach County on December 11, 1990 (90-352210, Official Record Book 6667, Page 103) remains in full force and effect. The parties agree to correct an error in the legal description contained therein. 20. ENFORCEABILITY: Nothing herein shall constitute a waiver on the part of either party to seek judicial enforcement of the terms of this Agreement. This Agreement shall be binding on all successors or assigns of SCHARLIN. THE CITY OF BOYNTON BEACH by: ATTEST: JAC/lms 900304 AGREE. 1 Seal) - ,;7/ -9/- rd Scharlin, Trustee of Wool right Place Joint Ventu . . . c.'.'c/ ~'4::-// I J:,- t-,-,\-/C ./1,{ -e.;~,,~ d: .f( (~( ~~ Final 5/16/95 EXHIBIT B The following procedure shall be implemented and followed by both SCHARLIN and the CITY in the filing and processing of all requests for development approval: step 1. SCHARLIN contacts the planning Director to Schedule a pre-application meeting. step 2.. written documentation outlining request should be submitted to the Planning Director no less than five (5) business days prior to pre-application meeting. This will permit the Planning Director to make appropriate inquiries of other staff members. step 3. Pre':'application meeting with staff. Staff will provide comments at this meeting. step 4. Formal submission of application by Tradewinds. Step 5. Staff will review application within ten (10) business days. Step 6. Planning Director will provide written response on or before tenth (lOth) business day following submission. step 7. Application will be placed on the P&D .agenda for next P&D meeting, if P&D meeting will occur within two (2) weeks. If P&D meeting is not within two (2) weeks, a special P&D meeting will be called. Developer may, at its discretion, request delay of the Planning and Development Board meeting but such request must be in writing. Step 8. Following P&D action, application placed on next City commission agenda. Final 5/16/95 ..---.--------.-..-.-.------ In the event that public notice is required by city ordinance or state law for public hearing, then in that event, the scheduling of meetings under step 7 and step 8 shall be extended to meet the notice requirements of law. Final 5/16/95 ~~'"'\~ ~ \~~-rJ PALM BEACH - PHONE (407)132.7474 lBiSUu.Vifl.E COMMUNITY ASSOCIATION. INC. 1007 OCEAN ORtVI! I eOYNTON BEACH, FLORIDA ~I MAY t 2 SQ5 m MEMO ENGINEERING_ ; To: From: Subject: Date: CARRIE PARKER, CITY MANAGER. PETER 1. KELLY, PllESlDENT, PALM BEACH LEISUREVILLE MEETING REGARDING BERM ETC. 8TH A VB May 11. 1995 Today, r met with Mr. Houliban. Mr. HaJJ and Mike Morton. This meedna wu called tosether by Mr. Ken HaU. After discussion. the foUowing was asreed upon pendins approval 9fthc City Manager. 1. Berm to be minimum oC S teet high with a 3 pl. Hedse planted on top. This berm is to be tapered and hedge planted to point ofintcnoctJon of old & new road. 2. Hedge to be continued from that point to the utiUty box on weat side orlth Ave. and will be a 'gal hedge. 3. Irrigation win be COMected into PB Leisureville irrisation system. 4.Mr. Morton will do the benn pJantina and bedsins and all COMCCUOns to irriptIon system. 5. He will be responsJo[c Cor maintaininS the entire berm and be responsiblo for the imptien. , . 6. PB LeisurevilJe wUl maintain the hedge tram tho point of intersection to the end of the hedge. We will also inigatc the area. All the above conditions are aareed upon only iCthey agree with the conditions set forth by Ms: Carrie Parker, CIty Manlaer. Thank you. FIOI'It tv ~~_c..~~~ Peter 1. Kelly. President~ Board orOirectors 7811 0.. Co. PIIClM . PPlOIW' W>1,~7?-~tg .u. It u ----S'l C . , -. -- ----- -- - - ~' · · f'~ \f\ lE~ ~ ~ ~ "<::'~'" \'\ -~- --4 'i)1.~,~ \) " 1 ~ C ""l- '" I: ~ ~ ~ ...... t~ t ~ t ~ t)l..E ~ ~S ~ - (":> 'tC ~ 1. ~G'C \) ). U ~ ~ l' ~~ 0- t.~N \f\~ -U ~ - ~ l~ ~ ~~~'Q (l1 ~U ~ 0 l",~ _ ~_9:~ \ ~ \~"\ -~ ~ fA. l. ~ ~.. N f\\ v\ ~ ~~ ~ z: ~~~} ~ :).'. ~ ~ -. ~\, . . ..... ~ 1~ l \ ....IvJ .- '\ - - 'i t\, '"1\ ~ f'\ ~ o \L " " . 1 \) \ ,. \ \ \ . \ i, : . \ 1\; ,'m \ ~ I \ '. r 1 ' . -',-~ ,: a - ; (S).. .' ti I, ~ i- I. ...."'" > ~~~l :,~. ~ ~ '^ :' ~ r ~, .: I ~ ~a: ::, ~ " ij\ , 'lll " t < ~'" ", II '- .'"' . . ) ~ .t. : N.. U(\l\(\ '" "l .. ~ . ~' ., ~ ,.... 'a\.. : ,~. ~ '1\ "'\\\ \ \ . If, \ ~ 9. 11 \ \\ \ ~ ,~ ~ ell, _ ..1 . \ ; . '" , ~ I ~ \~ ~.t ~:: -~ ~ c \' .1 (. <0 :J /'"' . ( ~~ lr\ D_ - - - \ ~. \f' f\ ~. ~ - =::. ~ \f\ - - - ~~l ',~,," \~ ..._ __ ___4___ _ __.._ , ~L ltELBASB KNOW ALL MEN BX 'rHESE PRES::NTS; That WOOLBR:IGHT PLACE JOINT TlIS INSTRUMEMT PRlPARiD 8' .. RETURN TO: JMlS A. CHERDf, IIliIUIRE JOSIAS l. GaREN. P.A. 3Q99 East C~i.l Boulevard Suite 200 Fort Lauderdale, 'L 33308 VEN~1RE, first party, for and in consideration of the sua of Ten and NO/100 ($10.00) DOLLARS, or other valuable considerations, received from or on behalf of THE CITY OF BOYNTON BEACH, second party, receipt whereof is hereby acknowledqed. (Wherever used. herein the terms "first party" and "second party" ahall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, WhArB'ller the context so admits or requires). HEREBY remise, release., acquit, satisfy, ~:tore~e~L ~lsctlarq. . /"'i"- ~ ~~~f*!- 4~"'~~~ ,. ^ ~ "e.ww."""'I+fff.tch.J lfJet..-ee.n. the said second party, C?:g~CL~dfrgitf tl!~,~xl all ~~~: of action f and actions, cause and causes or action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, '. contrac'ts, controversies, aqreements, promises, variances, trespassec, damagGs, judgments, executions, claims and demands whatsoever, in 1a~ or in equity, which said first party ever had, now ha s , or which. any persona~ representat1 VQS , successor, heir or assiqn of said first party, hereafter can, shall or may have, against said second party, for, upon or by reason of any matter, cause or thing- l/hat:aoever. rrom the beginninq of the world to the day of these pr,eseLtu. IN WITNESS WHEREOF, I have ~1ereun'to set my hand and seal this ~ day of /tM.t~f I 1995. signed, sealed and del.i.vared in the presence of: (~ti -/!c-4- t:tn /A -fane ht"Z. Printed Name, (!)J Ak-~ ~,-_._-- ~\14 .. M ~ VidA,;; '" Pr int~ Name ~. ~'_'M" ...--: BY:,./ .. LACE JOINT VEN'1'tlRE /'--- STATE OF FlDRIDA ) ) COUNTY OF ) I HEREBY CER'I'IFY that on this day, before ma, an officer duly authorized to administer oaths and take acknowledgements, personally appeared "Howarrl ;(-..I't,krI"~ the c..r'/..J~ of WOOLBRIGHT PLACE JOINT VENTORE, knoWD = .. to De the person described in and who exeC"oJted the toregoing 1nstrument, .Who acknOWledge before .e that he axecuted 'the same, is personally known to me and an OAth was not taken. - ..... ... Witness my hand and official seal in the County and state last aforesaid this J"- -.' ~ay - of' _/f)P1I~~JV , 19.tJ.::.. cft/~~L Jl~d / NOTARY PUBLXC l( Printed Name My Commission Expires.: .aC/l_ 900304 WOOL8RT.ItEL ICINIA SANCHEZ NOrMY PUIIJC 5fA'I'E ~ F1.OIUDA exMMlIiION NO. CC381140 MYCOMMISlSIOIUXP. LY4.1998 TMJS INSTIUlEJIT PREPAUD IY & RlTUB TO: oWES A. CllDOf. IIGUJU JDSIAS & GDlEI. P.A. 3099 Easc eoa.rc;.l Bouleverd Sufu 200 Fort Laudardal.. FL 33308 GBIlERAL RBLBASB lQlOW ALL MEN BY THESE ~SENTS: That HOWARD SCHARLIN, ~irst party, for and in consideration of the sum of 'l'an and NO/100 ($10.00) DOLLARS, or other valuable considerations, received from or on behalf of THE CITY OF BOYNTON BEACH, second parey, receipt whereof is hereby acknowledged. (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representative., and assigns of individuals, and the successors and assigns of corporat.ions, wherever the c::ontaxt so admits or requires). HEREBY remise, r.aleas~, aCq&;it, satisfy, and forever discharge I 4) /11,),....."""1. eo6&fW- 1-~ proll.d#4 ~..~ Sfoftl~ "'I"~ 6~",..f.(0\" ~I"\i,.. _Gl (.;~ ..c..~'4~ 1l.~ ~ 1\...,.qS", . the said second party of and t=om al~, and all manner of action and acti.ons, cause ana causes of action, suits, debts, dues, sums of money, account~, reckonings, bonds, bills, specia~ties, covenants, contracts, controversies, a9reements, promise., variances, trespasses, damages, judqments, executions, claims and demands whatsoever, .Ln law or in equity, which said first party ever had, now has, or. which any personal representatives, successor, heir 0:"':' a~~ign 0:: ~a.i.c;, t'1rst party, herea:fter can, shall or may have, against said second party, for, upon or by reason o~ any l'Qatter, cause or! thing what~8r, from the beqinninq ot the world to the day of these p:resents. ,- >.. IN WITNESS WHEREOF, I bave hereunto set my hand and seal this gfl- day of AJ~(~~ , ~ 1995. /7/ /~~ / / HOWARD SCBARtnr--- siqned, .ealed and de1ivered in the presence of: ~<'f-<<l: k~/ J<I!///a J"Qn~h~Z" I Printed Name ~ ~~~~ E\J&~et'l\,A. e. Vl~~.... Printe Name .. BY: STA'rE OF FLORIDA ) ) COUNTY OF .)- I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledqements, personally appearea BOWARD SCHARLIN as of _' known ~o .. ~o be 'the person descrlbcui in and 'Who executed the foreqoin9 instrument, who acknowledge before me that he executed the same, ia personally known to me and an oath was not taken. Witness my band and official seal in the County and State last aforesaid this g,:t- -day of AJ",~#H."oIl" , 19..zc. ( b/JLka.~d / NOTARY PUBLIC 0 Printed Name My Commission Expires: JAC/l_ 90~l)4 SCHARL1N.REL ICINIA SANCHEZ HDf1tl:t PUBLIC 5rATE OF FLORIOA, (X)IMM&ION NO. CC3I1140 ; MYCOMMSION EXP. ULY 4.1M 03;~a"<i:: " "."., ..v.' 14:18 FAX 1 .07 241 0646 MORTON GROUP 1410 ,lf9~ -/ .. ADDENOllM Tn SETTL~ A.GRE~ THIS ADDENDUM is entered into this 6th day of February, 1996, between the CITY OF BOYNTON BEACH (.CITY-) and HOWARD SCHARLIN, TRUSTEE: FOR WOOLBRIGHT PLACE, JOINT VEN'l'URE (.SCHARLIN. J . WHEREAS, the CITY and SCHARLIN have heretofore entered into a Settlement Agreement which bears the dated of November 7, 1995, and which was ~igned by the CITY on May 17, 1995 and by SCHARLIN on June 21, 1995; and WHEREAS, an additional issue of signage for the Cracker Barrel store and restaurant has arisen which is susceptible to resolution within the context of the Settlement Agreement; and WHEREAS, the parties are amenable to amendment of the Settlement Agreement by Adde."'ldum, leaving all other terms and conditions thereof fully and completely intact. NOW 'I'HEREFORE, in consideration of the mutual I::ovenants expressed herein, the parties &gree as follows: 1. The foregoing .whereas- clauses are true and correct. 2. The Settlement Agreement is hereby amended as follows: A. A new Section 21 is added as follows; SCHARLIN shall be permitted to locate one pylon sign on property, to be conveyed to Clacker Barrel, adjacent to the Interstattl 9S for the purposes of signage for th, Cracker Barrel .~Qr. and r.staurant be:l.nq constructed in the Woolbright Place PCD. The sign shall be of a size and configuration as depicted on Exhibit -A. and shall be solely limited to ider.tif.vin~ the Cracker Barrel store and restaurant. There shall be no directional language in the content of the sign except · Exit * _, 03/1&/96 }tON U; l~ r:~ 1 4(\7 241 O~~ti >>0"'1ll1, (iklJliP "'u .. West-. In all other respects, the sign sh~ll be constructed in accordance with the applicable Building Code. Approval of this sign is conditioned on the construction and operation of the Cracker Barrel store and restaurant in the Woolbright Place PCD/PUC. In the event the Cracker Barrel subsequently ceases operations, the sign and sign structure shall be removed wi th a period ot 90 days following the discontinuance of that business. B~ paragraph 15.0: the Settlement Agreement shall be amended as follows: COMMISSION APPROVAL: This Agreement shall have no force and effect until approved by a majority of the City Cormnission. THE; CITY' OF BOYNTON BEACH By: ATTEST: (City Seal) Trustee of Joint Venture JAC/lmh 900304 ADDENDUM. 1 RESOLUTION NO. /lP6 ./~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN ADDENDUM TO THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT PLACE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach entered into a Settlement Agreement with Howard Scharlin, Trustee for Woolbright Place, a Joint Venture; and WHEREAS, an additional issue regarding signage for the Cracker Barrel store and restaurant is outstanding and subject to resolution within the context of the comprehensive settlement reflected in the Settlement Agreement; and WHEREAS, the City Administration and representatives of Howare: Scharlin, Trustee, and the Cracker Barrel have met and reached a 'tentative resolution of the sign issue which requires commission approval. , I , I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: section 1. The Mayor and City Clerk are hereby authorized to execute on behalf of the City, an Addendum to the Settlement Agreement heretofore entar.d into batw..n Howarel SQharlin, Trustee, and the City of Boynton Beach. A copy of the Addendum is attached hereto as Exhibit "A". JAC/lll'h 2/2/96 900182.88 TRADEWND.ADD Page 1 of 2 section 2. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THIS ~ DAY OF N,f8N'uA;f2V, 1996. CITY OF BOYNTON BEACH, FLORIDA BY,4J1Y Mayor . 'r \. '\ ... \~~ (~ . ..r- . Vice Mayor ~ ~ I --:::" _/ \..~ ~ /X-<tLL,~ Co~issioner '- .r Jt~.,;~~ ~~~~,.~. Commission "';'1 --; Commissioner ATTEST: ~~'"-" :CI CLERK Ii I:I HEREBY CERTIFY that I have !approved the form of this RESOLUTION I! I !; ~,. 1 . ;1 - ~ / ) . /, . ' ,-I; _I..~' .~/ li('.tt ( < - : --JAMES A. C~ROF CITY ATTORNEY ~AC/lmh 212/96 900182.BB TRAOEIJNO.ADO Page 2 of 2 " ^R HI . "..;.J MORTON GROL'P 141 00 ~ /f9~ -/~ "'... ...... ...... ,,"", .4"'" - "0 A.Dn~tmTJM Ta SRTTL~ AGR~RMRNT THIS ADDENDUM is entered into this 6th day of February, 1996, between the CITY OF BOYNTON BEACH ("CITY-) and HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT PLACE, JOINT VENTURE (.SCHARLIN.). WHEREAS, the CITY and SCHARLr.N have heretofore entered into a Settlement Agreement which bears the dated of November 7, 1995, and which was signed by the CITY on May 17, 1995 and by SCHARLIN on June 21, 1995; and WHEREAS, an additional issue of signage for the Cracker Barrel store and restaurant has arisen which is susceptible to resolution within the context of the Settlement Agreement; and WHEREAS, the parties are amenable to ~endment of the Settlement Agreement by Addt!J."'1dum, leaving all other terms and conditions thereof fully and completely intact. NOW THEREFORE, in consideration of the mutual I:ovenants expressed herein, the parties ~gree as follows: 1. The foregoing .whereas- clauses are true and correct. 2. The Settlement Agreement is hereby ~ended as follows: A. A new Section 21 is added as follows: SCHARLIN shall be permitted to locate one pylon sign on property, to be conve,yed to Czacker Barrel, adjacent to the Interstat~ 95 for the purposes of signage for th~ Cracker Barrel store and restaurant beinq constructed in the Woolbright Place PCD. The sign shall be of a si~e and configuration as depicted on Exhibit MA- and shall be solely limited to id81"'.tifying the Cracker Barrel store and restaurant. There shall be no directional language in the content of the sign except · Exit * _, :::.'18/96 ~., ::; 1: ~:.;: 1 407 241 CS~6 ~UI'-T(J!. GROUP 14I 003 .. West-. In all other respects, the sign shall be constructed in accordance with the applicable Building Code. Approval of this sign is conditioned on the construction and operation of the Cracker Barrel store and restaurant in the Woolbright Place PCD/POD. In the event the Cracker Barrel subsequently ceases operations, the sign and sign structure shall be removed wi th a period of 90 days following the discontinuance of that business. B. Paragraph 150: the Settlement Agreement shall be amended as follows: COMMISSION APPRov.AL: This Agreement shall have no force and effect until approved by a majority of the City Commission. THE! CITY OF BOYNTON BEACH By: ATl'EST: (City Seal) H CHARLIN, Trustee of Woolbright Place Joint Venture JAC/lmh 900304 ADCElmtJM. 1 ( r< Jerry Handshuh From mIKE. TJ./ IS I ~ tJu./2. SlA/tJDA-1lL b P"..c IJ S/tS~ y UJG 0 50 p:;- ~~o .Sq. For: HIt; H- e! ,t8I1Js:. I ~. .4DV, eA: A~ r.; ~Nn,j ra~AaH I<'~~NSE- -rf#' $ '5 J:j1&H, ~.!-dR.l!!{ Th (11<At::J<.E R.. 13 J4 /l.R. E. '- .. . - / HAJJI<S~ a crA~ t~.~"~~:' ~; !..-....,~:.__. ~~. :- ~.:: ~,:'".~~ttf'~t\t;~~':. ~..'".. .... ",."." . . i'3'}t .... . - -, .-..., -.;' 1'..\.''''- ....,. _.' . .' {' ~.s. (JeRRY) HANOSHUH' '. -. :--:"" ., PH~NS 4076991777 . " ,{. . l!AL ESTAT1l MANAGI!Jl FAX 407 6QQ 5733 ' :~.;..' ',0;,;," J" 5t " ~.. ~. .~ -. :'0 ;.," .' 1161 HoweLL CREI!K DRNe' WIN1CR SPRINGS, FL.32708 ,Ji....; ..: I ~:"iif-" ' .' . _:I; -... ...!...-1....;.~"'~_____;..-:'~..;..' 9 _ .. -._.'__~...~..u.:~ 21'-0 Ill' 0tdI CGwaIy an 24" 0Jl. PIP{ - .J12" I I I I I I I I I I I I I I , I , I I I I I I I I rl , 1 I' , I , I I , Xf 0Jl. PIP{ - .m- t'1.D..~ppt..u IIEUB AT 5'-0" AIIOIot ,... IlIIAIll BY I'Q[ 1IAIIlF~ LEAW: 38" PIl:TAI. FlIt ~ HOllICIlP II o.EII"S _ SIGN ELEVATION \ I f \ I ~ rr4'l 11'4' I ==- I -== I I I I I , I I I I I I I I , 18'-r , r' , , , , , , I I I I ~ , , rl , \ ( I I , I , I ~' :1,1 1>---1 I I I I rr..(f I I , I , I I I I I I , I I I , I I I I I I , , BASE DETAILS L, ..(f SEE FOUNDATION DR.\WJNG FOR Fl8lll1ItAIlE SIGN PROnLE 240 SIGN AlII PlIOEll ~c PlIl'IIlE .,OM 110" Fa! 5IQI - - J <I .~ J:: - (~..rla., /___ ~ _ __ ~_1:!:.... __ . 1'-11 1'-11 1 I / 1'. IlIClIEM. + +.. I ACCDS IllU ,. I (", ""... "'" ...",' Am IllLT _ IMIID (I 1lEII'D) sm IICUlK PLAlE :~~-~-----4--------- I I I IUD AU. MOlII) IAI I I ~~:= I PI'[ IEFlII: IIUlIIC. 240 sr pr CABINET MOUNTING PLATE DETAIL ill ~ 3/4' PLATI: C. IINC[ t 1/'1." LMllER 1HAN LOIEJl PI'[ L 'l 2'-6' ,.L T-: IE1D ClII1IIIllUS ~/l" fU.ET 5/t" PLATI: WOS IWI IlIIIGS lQ LNlCEJI PI'[ 1lIIU 11 E'tt!I.Y SPACDlll.OTS (5/t"lI2) . AT EAOl -.: yr 0.0. PI'( IE1D IlIIIGS 10 SIUIU.fIl PI'[ 5/1" FUCT I SO I..CIC IWl .. o.c. 1llP ., 1OT1Ql 1:1" EAOl -.c SPLICE DETAIL C) WIND CRITERIA POLE t.lANUr ACTUPWG NOTES 111. 110__ ~M1~ .~IIIDE-.1Qf1D"cxw.. _ I. 112. 110 IIIIJ ICMlIII -. 113. GIWIICS<< IlIll" 101[ .....x& .... 1115 .... 114. SIlIEUW. SU PLAlE lJlAU. ~ 111 A.S.tII. Q (F,. JIG). 115. A.S. tII. Q PLAl[ ~ I[ UEt RIl rAlRCA1ED PF( E:lDlS. 3Jl1Mll PLAlE M1I.L IKlT I[ l&D. ... PF( ElDIS IlIll" r..:A"D FIlIII PLAlE lJlAU. ClIFlIIIlQ U. T.IL A!l3 .. ... III mMLOIT (Fy. 35 lIS). 110 IIllT Ill[ ~ IlE.EI:T PI'[ III PF( RIl lHCIIl&L m IIIIJ ... l8RA.... 117. 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S1IIIT' 1-95 end SClUTH~ST Eth STREET arr, Sf AlE: BOYNTON BEACH. FlORIDA PF GENERAL INFORMATION o<<~ 240 SQ. n. P'OJIIfUlOM: (e MI) IEIM:[ RII SIX (I) FIXllIe 1AIlM'S FlI1I.IIL ~ CATALCII: IlO. ~ D AS ...., EW:1KAL SEINC[ IICIIIl 'll.l: ; CDJS'RlC1DI HI API'IIlNo\W: SllUIIII1B IISTAUEIl. -, EJlC 1I1m2-t SUPPORTING STRUCTURE 240 SQU,\f:E rOOT 50'0 OAH ABOVE rlNISHlU GRADE COASTAL WIND LOADING WITH PORCELAIN rACES / I ./, ) jV.tI DIC. NO. S240PF-50-C-X372-1 DAlE 12I'Jtn DIG flIIIAT ~ =.., - 1 " DATI: ... C ~~""~ _II - , l!l ~ I \ L r ~- 1 211'-,' \ 2 MIIlI1IQNM. f4 IMS UOI _ f6 I'lIl . 1lP w.T c: ~\RDl'l~- f6 SII ,.,.. (1ltS) 2 AllQlIIJlAI. '" BAItS EIoDI SIlt f6 PO.I II 1llP II~T FOUNDA1ION PLAN I _ _ _ L fIIHIlllUllE r------- t4 \ -;:: "'. '" .": . "~ "". "; <. ~~~--4t... ". . .. ....:~.'!..,~. .... .... ."~. ...... s-3" ~: :~::"~ '.~~l{; ,:'i.ik' ~~":: ..~> L.:.... :'.:t. J,.._"..~..".,." . ." . .......".. \.' ~..,. ..~.' . .".. 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EMBEDMENT DETAIL EMBEDMENT SECTION A-A ~~(: Tt: ~i L He: ;:<;:,;; T . .' u~:: R PRIOR 10 ~cuNOAnON DESIGN f(,:p.., .... . .~_;:-::- '",)R SAFE ~ l,;APACtlY SHOWN W1THCU i '. ;:>l':'~,'".: 'i...::: _;:'E OF EXISllNGn (;QNDITIONS. SAFE BEARJNG CAPAC'lf SHOULD BE VERFEI).,-- PRIOR TO CONSTRUCTroN. __ SIIlfIa. RIll _1ICII1S TO I[ _POl lI[ClIIiIIIlIA1llIIlS MIlllllEll SIPIII'8lII tS SIllS DllIIGIl AS SlAD" lIE SIllS IIPClIlT MIl IKr !IMI.DINTAI. SIllS NtIIIIA1ICII ISSD RIll 1lt5 S1[ rE 1ISIAUA1IClIl. -.r ., .... , .... - - ________/FllHDCMlE FOUNDATION CRITERIA . . I ~ TIP or ClJICIl[1[ ". ...:... .' . ~.. ~ . 10 - f!l1lEIIM . >>-3" LllNC . ~.. .:. ~.. . . ECUAU.T SPAaD '.;" .'.. . :'. .:.... .~..}:. . --.: #.:'. ~...:.. ;:. '. , '. ." _' .. . .' . 10 - ". 110M . >>-3" LllNC . r:'. . - . .: or: =.. ECIIALlY SPMID I WE IEMIlG CI#~ OF a-3GllD PSf' IIlHST !Ll5llIlAL 'M1EJI TMU AT GRAll[ ClJlCIl[1[ !JIAIl DN1.lIP __ 0llIIPlI:S9'lE S1lDG1H rE 3GllD PS II 2IllA1S VE1IFT m ClIIlI1llIIlS PIIlIl 10 aIIISTIIJC1lllI 1115 lIRA_ lIAS IEBl aJI1ftIl IT H: 1JCDlSED PIIlRSISIlJW. 0ICIlEEII ... SEAl. N'I'(MS HJl[OII RIR USE DIU AT 1H[ ~ !Ill rE IlSTALLAlIJl. F ACIIJ1'( 1lEf'WIII'O' S11l[[t. 1-95 and SOUTHWEST Eth STREET em. STAlt: BOYNTON BEACH. FlORIDA 163.0278 ELROD & CaMP ANY CllIlPlIlAll _ _ IIotIIlMIIDT .. ~ Ute CIL.D ,.,. "....'Y. ___,.. ntB uc__ FOUNDATION k BASE CONNECTION " 240 SQUARE FOOl 50'0 OAH ABOVE FINISHED GRADE COASTAL WIND LOADING W / SPREAD FeN (SUBMERGED DESIGN) DllC. NO. S240PF-50-C-X372-2S2 2 tS 2 OAT[ 12....... IlI8 _T 22oJ4 -:.. G 3: J~ 2;d/;?( -- 1lA1l DIll CII ........ b6..11l;la': 1 .- ~ "E-4- I _iil_ --... . ~ ..~ --. -. ~E(-il-1~~O L'i':2':ai'i\ 9G-:::S221G 1I:1M lint. 6667 P3 ."Oi ..l ......' GRANT OF-LICENSE BY CITY OF BOYNTON BEACH, A FLORIDA MUNICIPAL CORPORATION TO TRADEWINDS DEVELOPMENT CORPORATION, A FLORIDA CORPORATION ..\.. THIS GRANT of License executed and del i vered this .:-:<7' day of N~V€h).e€~ , 1990, by the City of Boynton Beach, a Florida municipal corporation, located in Palm Beach County, Florida (hereinafter the LICENSOR) to TRADEWINDS DEVELOPMENT. CORPORATION" a Florida corporation (hereinafter the LICENSEE). \ WHEREAS, LICENSOR owns. a parcel of real property which is more particularly described on Exhibit A attached hereto; and WHEREAS, LICENSEE owns a parcel of real property which is simple more particularly described on Exhibit B attached hereto. NOW, THEREFORE, in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration, the receipt and sufficiency. of which is hereby acknowledged by LICENSOR, LICENSOR has granted, bargained, conveyed, and sold to LICENSEE its grantees, heirs, successors, assignees, and nominees forever, a perpetual non-exclusive license to use the real property described on Exhibit "A" for the following \lses. 1. The installation .and maintenance of the landscaped buffer and improvements on _ LICENSOR's Property as described in Exhibit "A" hereto. 2. LICENSEE at its own expense shall maintain the license, the improvements, and the property upon which the 1 icense is located in a good state of repair. 3. LICENSEE shall indemnify and save harmless and defend LICENSOR, its agents, servants, . and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission or -negligent act of TRADEWINDS, its agents, servants or employees in connection with or related to its use under this Agreement of the real property described on Exhibit A 4. LICENSEE further agrees to indemnify, save harmless and defend LICENSOR, its agents, servants, and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of any conduct or misconduct of LICENSEE not included in paragraph three above and for which LICENSOR, its agents, servants or employees are or are alleged to be liable. 5. Neither LICENSOR nor any agent, servant or employee of LICENSOR shall be liable to LICENSEE for any loss, injury or Page 1 of 2 damage to LICENSEE or- to any other person or to its or their property, irrespective of the cause of such injury, dilmage or loss. 6. This License terminated without the LICENSEE, and executed dignity to this License. may not be modified, prior written approval of with the same formality amended, or LICENSOR and and of equal 7. The grant of the license shall be binding on and inure to the benefit of the parties hereto, their grantees, heirs, successors, assignees and nominees. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. Signed, sealed, and delivered in the presence of: .' CITY OF BOYNTON BEACH: a Municipal ccrpo~atlon l. .: \.. -'-. .~' \........' -~' I ,_.\'J' STATE OF COUNTY OF ~~VA ;lLM.qC!:# /1 ,7 ,-;.... BY : 1." .. - . Its: Mayq1" <,. .' . .--- ;1:', ,t.,. 1\'.;'" ,:.'-' t. /. ...,',' ".n::>:.',::, .. A~p~'ov~ci.)a:s . to T':orm . . I J I I / I .... I U. Ii '\/'" I ( f i l i .",- ----/--;7'c::.~ .....--... - - ............. _.:;."..-- c. . t o. "'_~ :/ The foregoing instrument was acknowledged before me this ~7 day of /lht/.G91L3e~ , 1990, by a:-N''=:: /)/~x~ , the /)/,4Y~A? of the City of Boynton Beach, a Florida municipal corporation, on behalf of said corporation. 0" . ~~~dbY~('A<' _ Not ry Public . My commission expires: , .' .. .' ",. ).. It.' ',' . . . A:: T~DE . DOC Page 2 of 2 " '''';;.C,,- , . . - - .:J .~ G' r j I f-.~ .... LJ_' LEGAL DE~CRIPTION S.W. 8TE STREET RIGBT-OF-WAY CESCRIPTION: A portion of "8.\01. B":.h StrQQt" as shown on the Plats ot "':'~URD SECTION PALM BBA.CH LEISUREVILLE", as recc;rded in Plat Book 28 at pages 243 end 244 and "SECOND SFCTION PALM 3EACH LEISOREVILLE", as recorded in plo.t Book 28 at Pa.ges 220 and 221 o! the FUblic Records of Palm Beach County, Plorida and more par~ ticularl~ described ~s follows: BEGINNING at ~he Southeast corner of Lot 4, BLOCK 23 of ~aid "TfiIRJ SECTI8N PALM BEaCH LEISUREVILLE"; thence N. sa 26' 51" E. along the. South line ot "5.9'1. 8th Street" as shown on sa.id plat, a distance of 60.00 feet to ~he =:ast rig1:t of "Way line of "S.v~. 8th Street"; thence N 01 33' 09" E, a dis~ance of 1528.44 feet alonf said East right of way llne to a point on ~ cu~ve; then northwesterly along the a.rc of a c1rc:rl.ar ccrV'e to the right whose radius. point bears N 65 08' 03" E., having a radius of 490.00 feet, a central angle ot " 43' 05", and arc di.stance lS8.21 feet to a point of intersection w~th the ~est righ~ of way line of said "S.W. 8th Street"; thence S Q: 33' 09" E. along the West right of yay line a distance ot 1683.92 feet to the POINT OF BEGINNING. S~id lands situate :..n the City of Boynton Eeach, Palm Beach County, Florida. ~~&~r_-MI - ~~"f~~""""" - COMMENCING at the Southeast corner of said Section 29. TaJnship 45 South, Range 43 East; thence N. 01034' ~6w W. ulonq t~e East iin~ of said Section 29, a distance of 1302.55 feet to the Northeast cot:'ne.r..,:OfTra~t "ED of-said uSHOll~ES Or WOOLBRIGUT ?C.D." and the POINr O~ BEGINNINC or this descr1ptioni thence S. aBo26' 13- W. along the Nortn .line of said Tract ~t., "SHOpprs O~ WOOLBRIGU! p.e.D.., a distance of 1271.3~ feet to A point on eurve; th~nc€ Northerly alon~ the ~ro of a curve to the rignt ~ho~e rAdiu~ point bears. N. 78D 55' 36D E.. having a radiu~ of 1546.2& feet, ~ central angle.of 010 12' 28-, an arc cistanea of 32.60 faet to a point; thence N. S4 o. ~-l.' 23- 'W., a distance of. 6.37. feet to a point on curve; thence Northerly along the arc of a curle to the right'whose radius point bears N. 800 18' 05" E., having a radius ot 1550.76 feet, a central angle of 000 35' 3211, a.n arc dista.nce o~ 232.56 reet to a poLnt ot tangency; ~~ence N. 01.06' 23- W., a di~~nce of 416.46 fee~; thence N. 01- JU' 32. ~" a distance ct 23.19 feet, thence s. aeu26' 51" W., a distance of 35a.72 tee~ ~c the'.North'"'cu:~ corner of Lot 12, B1.ock 33 of :leid "LAKE 1'30i'N'.['CN ESTATES PLAT 2Q: thence S. 01. 33' 09" E., al.ons the WQct li:\e oe sai,.d Block .33, a distance of 180.09 feet; .the.nee S.. llB"26' 51" W. t a distance of 30.00 feet to the centerline of S ~W. 8th Street and' th~ Southeast . corner of Palm Beach Ll;tisu1"~ville Section 3. a6 recorded in Plat Book Z81 Pages' 243 and 244 of the Public Records of palm BeaCh.' County, Florida; thence. N. 010 33' 0911 W. along Mia f:A5~ 'line and ene centerUne ot S. W. 8th Street, a distance ot 1';6-\0.08 teet:. to .the Inter~.ctiQn witt:. the w~sterly project..tQn of. thQ North. Line of Block 40 of ClO\id "LAI<B BOYNTON ESTATES .~LA:r 1-: ..thence N.. B1;l0.26' 13" E_ .~on9 sa.id Nor.th line a diutanc::e of 280.00.feet;:thence S. 01. 33' Og~ :.E., a dict'ance of 120.00 f.o~tr thence'N. 88.Q 2.01 '.1311 E., a distance of 50.00 feet: t.he.nce S ~ 01 33'. Q9- E~, : a' . distan'ce of 170..00. feet to the Nortl:1west corner of Lot 0, Bloc~.Zl of. MLAKt BO~TON ESTATES PLAT 2;' thence N. 88026' 13 ~'.':.E'. a~o.n9 the. North . line the.reot., a distance of' 50.00 .:: feet to . the Norweas.t: COn1eJ:: . ot sa.ld Lot .6;' thence. S.. 01 033' ~~" ~., a di3tanc::e of';120~OO 'feet to t.he :southeaSt" corner of sald "Lot G, thence. N.. '88~2fi i.. .:13- E... 010"9 the North'line of the Sou1:Jl' one-hal t 'of lllo.ck .2'1'.6I\d 22.:of .uLAKE. BO~TOJlI ESn'rES Pl.A'1' 2", Q di~t:anc:e of . 11 SO . 75 feet:.. ta...t:.he"s-o~th~lI!it co~nQr of Lot."6, Dleck.' 23 of ElO\id wLAKE B~NTON"ESTATESi PLA'l'.2-; thence N.ell 034' 16" W.-.along'the . ". 'I' .....j." '. West.ll.ne.ot~';.B:tocks 23, lBA,-18, a dlstance of 760.00 f~etto the Southwest corner-of.' Lot 4, Block llA ot "LAKE BOYN'l'ON . ESTATES. . . ..':'. PLAT.:.!-: tl1e~~'~P:~~terly. along the South.line 'af.' .~aid Lot' 4 along '.: ,.. .:..... .... ::;....~:.::. ~:.:,.. :tJ\~...~rc-Q'(~:;:'il': l:.it'cul~r' curVe to the left. having a radius of. 340. 3G : ~':Sf~,.i....i:"~'~~~~:~~.s~~.';.iii~iif-c~i~~~.t~'~~~l~~-e-ha,,:i.Q9' .a .l='a~.us~..9~:.).~9'..36. fe~1;.J: ;Ml,.:A"r.o di~tAOce of 50.18 feet to ~e Soutneast corner thereafi.thence ~. .01. ~4'~'16" W., .a cllatanc:e of. 136.JO feet. to the Nortl1eaSt COrnar- . .thereo.f:. thence .S.' . &8 : 26' '13" W., a distance .of 50. 00 fc:~t to '. .' the..Southwest. corner. of L~t 3. Slo'c:le HAt. thenc~.N. Ol J4' 1G:" .W. '. ..' '.. :.alongthe W~s-t line:of said.. Lot 3.. '~a'. distance of 'llO.OQ:'eQ."~ 'to . the.. ~Qrthwest C:9rner t}u~reof; thence ~aSi;erly along the. No::th . line otLOts'1',:'.Z;',and.3 of sa,id Block.l1A~. Along the' arc of a circular .-cui::ve to. .the . ~~ft~. havin43' a radius .-of '35~~ 92 feet. An~ whose: radius -foint'bear:i l'f- .Q~: ..34' 16- N., nav1nq a.cen;ral angle. of .'25 09' OS-, an. arc.. d.i~tAnOe' . qf. . 154.93' teet.. to. tne. tfortheaSt corner ot said .Lo1=- 1 and,th~' EaGt: 1;.i.Ae of :sai.d'Section 29; :thence .S. 01' 34" 16" E;:alonq 'said'.Ealat line of S&<;:tion. ..2;,.' Q di8t'a.ncc of: 2601.58 feet :t.o' the lOINT:,.OE'.- BEGINN1NG. ..' ." Said"lclnds'..situa.te':.. in: the city of Boyaton Be.ach, PalJl\' Ilg,ioch COUI}ty, . Florida. '. .... .... .:. . Conta~n.ing. 3,9.25 ;9?1l-. 2 ..square. F.,:~t/9Q ~ 126 7 ac.rt;S, .more' o.r' less;, Subje~~ to'~.ements, .:.Re~trict~o~, Reservat~ons, Co~enAnts, and Ri9htli;"of'~9fay..o! 'Re~c:ard. . . · ~Ll) r ;%1 o .... EI-f:CTI'IIC (T'I'P:, 120 --/3 ::i ~o . 8..g ~ ~ i. OtV53'09'"E ~g "20,00 SiT'..R.fC/oP .~ HO.\930 N 8B026'1~"E 11;3388. E " . 50.~O ...:!ON86.Z611:3"~50.00 r I.ll./CAP . '\. 1\93P II 120 00' ~o. P.R.u. '3309 E . NO.19:SO 18 .... . ::. '. ....., . . ~ .~:~.n~~...~I..~.~~ ~~rtioa of Secc~on ~9, Tovn~lp ~5 South, Range 43 Edst, p~u Uecch couney, florid~ and 0. po=t:.:.on ot -LMJ:; nCYNTUN ~Tl\T[;S, Pr..;1 1", ~Ui reccz:-dQd in iil1at nook 1.3, Page J Z a.nd "!.l-.l\F. ~O~N'IO:i :::r:'A'It:~ P~T 2", as recorded.in Qlat BoOK 14, P.q~ .l7 .nd "~E nOYHTO~ ES'tATES PLAT 3", as recorded in Plat Booic. 13. paqe- 53 dll .:.ri'.t~\f ~ublic Records of Palm 'Beach County, Flo~ida, and beinq mO~f ~articularly described as follows. .Tracts '"a'", .c", ana "E-, "SIJOPPES OF IoJOOLnR!GllT 2.C.D.", According to the pla.t thereot, as recorded 1n t'lat Ijook (j5, IJilqee 137 and 138, of ~hc Publi.c Rec::ord~ of l'Clln Dcach coun,:i', Florl.c.1a. t09QthQr with . '.:').":.', . ~ ~ .......~..,.-, "- ..:-- .~!" , '. . RECORD \tEf\\FIEO PALM BE^CH COUNTY, FL^ JOHN B. DUNKLE . . GLERI< CIRCUIT COURT . LAKE: . "BOYNTON . ~STATES '. PLAT i '(I3-32) . . . ~ ~.. . " FNO. P R"352.~2 "J" NO. 111, A-25c09'98 ~(IO'''I' A.. /54.93; . .... ." ..-a.A ," ...... ~'."..,~' 1