LEGAL APPROVAL
LEGAL/APPROVAL DOCUMENTS
MINUT.E~
SPECIAL PLANNING AND DEVELOPMENT BOARD
r ~~TOJI BEACH, FLORIDA
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t1~. APRIL 23, 1996
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C:onclllonal Use ADDroval for The Vlllaaer Pub - Approved and deleted all staff
conwnents with the exception of tagging the Occupational License.
NaliDnsBank - Approved subject to staff comments. The City Commission deleted
the recommendation to relocate the dumpster.
Mr. Aguila questioned whether there was any discussion at the City Commission meeting
relative to an Ordinance which would allow the City to go back to previous site plan
approvals to ensure that they are being maintained. Ms. Heyden explained that Mr.
Aguila's su~estion is already contained in the Site Plan Ordinance. In the case of The
Villager PIJ), staff pulled the site plan and made the determination that there was a
landscape hedge to screen the dumpster, and a buffer wall. The City will pursue these
issues with Code Enforcement.
Chairman Dube advised that he was present at the City Commission meeting, and there
was discussion about enforcing site plans. The City will be looking at old site plans to
ensure that .they are maintained.
Chairman Dube confirmed with Ms. Heyden that the last City Commission/Planning and
Development Board Workshop on the E.A.R. has been scheduled for May 13, 1996. .
Although she was not certain of the time, she believed it will be held at 6:30 p.m.
6. OLD BUSINESS
None
7. NEW BUSINESS:
A. SUBDIVISIONS
Master Plan Modification
Description:
Shoppes of Woolbright PCD
Louis R. Campanile, Jr.
CCl Consultants, Inc.
Howard Scharlin, Trustee
North side of the intersection of Woolbright Road
and S. W. 8th Street
Request to amend the previously-approved
master plan to reduce the building size of
Outparcel 1 from 6,920 square feet to 5,930
square feet; increase the building size of
Outparcel 2 from 5,755 square feet to 6,745
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1.
Project Name:
Agent:
Applicant:
Location:
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MINUTES
SPECIAL PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
APRIL 23,1996
square feet; Outparcel 3, remove the drive-
through lane; 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.
At the board's request, Chairman Dube requested that staff not make a presentation, but
be available to respond to questions. He asked that the applicant respond to the 26
comments contained within Exhibit "0".
Chairman Dube explained to the applicant that in order to avoid being repetitious, the
board started a practice of not reviewing all of the information contained in the back-up
packet. Instead, the practice has been to allow the applicant to respond to the Conditions
of Approval.
In response to Chairman Dube's question, Louis Camoanlle. 2200 Park Central
Boulevard North. Pomoano Beach. stated that the applicant agrees to the conditions
stated, with conditions of their own. There are turn lanes, deceleration lanes, and right turn
lanes that are required by staff, that they would like to be subject to working out with City
staff and their Traffic Engineer.
A decision was made to address each comment individually 'as follows:
Comment #1
The applicant agrees.
The applicant reserves the right to work this out with staff and
the traffic engineer to see if it is warranted. If warranted, they
agree.
The applicant agrees.
The applicant agrees.
The appflCant agrees.
The applicant agrees.
The appkant reserves the right to work this out with staff and
the traffic engineer to see if it is warranted. If warranted, they
agree.
Comment #2
Comment #3
Comment #4
Comment #5
Comment #6
Comment #7
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MINUTES
SPECIAL PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
APRIL 23, 1996
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Comment #8
The applicant reserves the right to work this out with staff and
the traffic engineer to see if it is warranted. If warranted, they
agree.
Comment #9
The applicant agrees.
Comment #10
See remarks below.
Michael Morton. one of the property owners. 902 Cllntmore Road. Boca Raton,
addressed this comment. He stated that this same comment appears in Comment #13.
When the settlement agreement was signed in November, 1995, there was a provision that
a landscape berm be placed to the west of the drainage lake between the houses and
Leisureville. This is part of the PUD. They were ready to install the landscape berm, when
they were called to a meeting with Commissioner Jaskiewicz and Attorney Cherof.
Commissioner Jaskiewicz requested that prior to the installation of the landscape berm,
she be given an opportunity to meet with the Leisureville Homeowners" Association to see
if there was any change to what was agreed on. The owners had agreed to a 5' high berm
and a Ficus hedge on top of that berm, which would be sprinklered. Commissioner
Jaskiewicz thought some of the people involved might want something different. She took
the time and effort to work on this situation. However, on March 29, she sent Mr. Morton
a letter advising that she had different opinions, and no one could agree. Therefore, she
recommended installing it as per the original agreement.
Mr. Morton stated that, at the present time, he has an electrician who is putting together
all of the required documents in order to pull the permits to put in the,electric required for
the sprinkler pump. An irrigation contractor has a plan which will be submitted showing
how the berm and the property around the lake will be sprinklered. The landscape material
has been ordered for the berm and landscape area. This berm would have been
completed in February had it not been for a request by Commissioner Jaskiewicz to hold
off on the installation.
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Mr. Morton agrees with Comment #1 0; however, he wanted the members to know that he
is not in default because he did not install the berm in a timely fashion, as stated in
Comment #13. He delayed the installation at Commissioner Jaskiewicz' request. Mr.
Morton said Comments #10 and #13 are being handled.
Mr. Haag commented that Comment #10 requires immediate planting around the drainage
lake. This is different from the berm.
Mr. Morton stated that the agreement which was signed in November talked about the
berm in Leisureville. He does not believe it talked about the planting around the lake. The
applicant planned to do the planting around the lake in conjunction with Phase II of
Trammel Crow's project and the 14-acre parcel that is currently in for approval. The )
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MINUTES
SPECIAL PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
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APRIL 23, 1996
sprinkler is now being put in place, and he has already spoken with a landscape contractor
about the material. The planting around the lake and the berm will be done.
Ms. Heyden pointed out that these comments must stand because the City has been back
and forth on these issues. This is the reason for the revised stipulated settlement. The
condition should remain, and if the Commission wishes to allow more time. they can revise
the settlement agreement. In addition, Ms. Heyden did not believe any permits have been
submitted.
Mr. Morton said they are being worked on now. When Commissioner Jaskiewicz' letter of
March 29 was received, the electrical contractor (Marshall Electric) and the sprinkler
contractor (Diaz Irrigation) were doing the plans. There is a meeting tomorrow morning
with the Landscape Architect for Tradewinds to put the seal on the landscape plans. Mr.
Morton said he sent a letter to the Commissioners advising that he received Commissioner
Jaskiewicz' letter of March 29th, and was proceeding forward. Everything should be in
within the next five to ten days.
Chairman Dube acknowledged the presence in the audience of Commissioner Titcomb.
Ms. Heyden feels there is no reason why Mr. Morton has not complied with Comment #13.
The recommendation is that this be done prior to the permit being submitted for Cracker
Barrel. If Mr. Morton's timing is correct, it will happen before that time.
Mr. Morton stated that the applicant is doing this, but does not want to hold up Cracker
Barrel from going in for their permit. He recommended holding them lJP from getting their
Certificate of Occupancy. Cracker Barrel is trying to be completed by May. Their plans are
in the Building Department. This is all being expedited. Mr. Morton agreed that before
issuance of the Certificate of Occupancy, everything will be in.
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Comment #11
Comment #12
Comment #13
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The applicant agrees.
The applicant agrees.
The applicant agrees with Comment #13 subject to the second
paragraph being changed to read, "Considering that the
landscape berm was not completed within three months
of the November 7,1995 date as described in Resolution
No. R95-65, It Is recommended that permit plans for the
landscaping and berm be submitted to the Building
Division of the Development Department prior to Issuance
of the Certificate of Occuoancv for the Cracker Barrel
facility, or any other permit being issued for the PCD."
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MINUTES
SPECIAL PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
APRIL 23, 1996
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Comment #14
The applicant reserves the right to work this out with staff and
the traffic engineer to see if it is warranted. If warranted, they
agree.
Comment #15
The applicant agrees.
Comment #16
The applicant reserves the right to work this out with staff and
the traffic engineer to see if it is warranted. If warranted, they
agree.
Comment #17 The applicant agrees.
Comment #18 The applicant agrees.
Comment #19 The applicant agrees.
Comment #20 The applicant agrees.
Comment #21 The applicant agrees.
Comment #22 The applicant agrees. t) }
Comment #23 The applicant agrees.
Comment #24 The applicant agrees.
Comment #25 The applicant agrees.
Comment #26 The applicant agrees.
Vice Chainnan Golden noted that the access road to the industrial area was reduced in
size from 80' to 50'. He questioned the basis for the reduction.
Mr. Morton explained that there was some disagreement of the use of the entire piece of
road in the future for the development of the Winchester property. Rather than trying to
abandon the entire 80', the applicant agreed to a 50' right-of-way. The applicant will build
the road by 1997. As part of the agreement, the applicant got 30' which will be added on
to the PCD. The City told the applicant they were working diligently with railroad and DOT
to effectuate a new rail crossing at that location. This was a negotiated situation in the
November, 1995 agreement.
Vice Chairman Golden expressed concern that if the property to the eastern tracks
develops industrially, 50' will make a small road. )
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MINUTES
SPECIAL PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
APRIL 23,1996
As a result of discussions with railroad representatives and FDOT, Mr. Morton does not
believe the crossing will ever be approved.
In response to Mr. Aguila's request, Mr. Morton said they hired Maria Palumbo to do a full
traffic study based on the allocation under the 1997 agreements. This is based on the land
use approved by those agreements. She anticipates its completion within the next four to
five weeks. She will then meet with the Palm Beach County Traffic Engineer to seek
approval. In conjunction with the approval from Palm Beach County, she will bring that
study to the City and meet with staff. There is supposed to be a meeting set up with staff
for Ms. Palumbo to discuss her plans.
One outstanding issue has been that each time a small component is brought in, it is
impossible to do a true traffic study because until it is known what will be built on the last
piece of property, it is unknown what the total traffic count will be. The applicant is aware
of the fact that he cannot exceed his allocation under the 1990 agreement. Ms. Palumbo
will write a letter that states Cracker Barrel and the 14-acre single-family plan change that
will come before the board soon, will not, in any way, take away all of the traffic allocation.
Before another component is brought in, Ms. Palumbo will have the study for staff to
review. '.
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Mr. Aguila noted that the position Mr. Morton was taking was that at the end, he may not
be able to do all he wants to do because the allocation might be exhausted. Mr. Morton
agreed this is possible, but he is confident it will not happen. '
Ms. Heyden noted that Comments 2, 7, 8 14, and 16 all deal with traffic; specifically turn
lane analysis. Because traffic studies do not always deal with turn lane analysis, and it is
only reviewed for the minimum that Palm Beach County requires, it is up to the City to
review the safety situations. She recommends that the comments remain. There are two
weeks before the next City Commission meeting. A meeting will take place with Palm
Beach County prior to the City Commission meeting, and a determination will be made.
Vice Chairman Golden agreed with Ms. Heyden's remarks. He agrees staff's comments
are good from a traffic safety standpoint.
Mr. Aguila questioned whether the medians are wide enough to accommodate the left-
hand lane. Mr. Campanile responded negatively, and said there is already a left-hand turn
lane into the north entrance of Cracker Barrel.
Mr. Aguila feels it is prudent for staff to insist on a right-turn into the Taco Bell property and
into Home Depot. He is not in favor of waiving this comment.
Vice Chairman Golden also pointed out that the landscaping along Home Depot presents
a visibility problem.
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MINUTES
SPECIAL PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
APRIL 23, 1996
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Mr. Campanile advised that there are two entrances into Cracker Barrel -- a north one and
a south one. One of the comments asked for a turn lane to the south entrance, but a turn
lane already exists at the north entrance. Mr. Morton added 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
anythilg 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.
Chainnan 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 labeled as a drive-through lane. They want a drive-through lane as
part of the approval. Mr. Morton said there was a plan that s~owed Burger King as 3,175
squaJe 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 RaceTrac 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.
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MINUTES
SPECIAL PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
APRIL 23, 1996
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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 Outparcel 2 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
o 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:- un .
Louis Camoanlle. 2200 Park Central Boulevard North. Pomoano 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:
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. O;"It"f"f'o",
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\,\~TJ
1)\
'.
MINUTES
SPECIAL PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
APRIL 23,1996
changes requested. Mr. Morton does not feel 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 the 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, approximately 200 feet north of Woolbright Road, the
reqJ.,lest for site plan approval of a 9,970 squ~re foot, 178 seat restaurant/gift shop on 4.12
acres located on a portion of Tract B of tha-.oppesof WooIbrigbtPCD ~bject 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 elevation 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
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
APRIL 9, 1996
Mr. Rosenstock was more concerned about the fad 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 pjan modification. Planning and
Zoning and the Building Department are responsible for approval of those signs. However,
on new projects, sign age 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 1IIe 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
~
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 , ,
~~~
Ms. Heyden made this announcement and explained that the items on the agenda are' all -~v JJ-
Tradewinds projects. There is a site plan for Cracker Barrel, a master plan modification C . 'r0-J
for the PUD to change from multifamily to single family, and a Master Plan Modification for I U
the PCD. There was going to be one large retail building in the area where Cracker Barrel '1b,P,) ~I
is planning to be built on the west side of SW 8th. Cracker Barrel will be using all of that, 0\ . D~ v
space. Because of the court order, we are required to process these applications in an I}JW
expedited manner, including conducting special Planning and Development Board
4
..~ FlU:: Nt. MfMO q,pot)'
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 16, 1995
Commissioner Jaskiewicz said this issue is not nique to the north end of the City. This matter has
been brought to the Commission's attention r at least the last two meetings. Code Enforcement
Officers have been extremely helpful. If t violators are cited, a solution to the problem may be
found.
Bob Eichorst, Director of Public Wor , advised that trash piles are being mixed with household
garbage. He explained that it took ublic Works a long period of time to determine the address
of a violator, but when a determin Ion was made, Code Enforcement was contacted. The violator
was made to pick up the pile. W atever the violator was unable to pick up/ Public Works picked
up, and the violator wascharge . A call was received from Mrs. Newton a few weeks ago and a
crew was sent out. The' tras was picked up and the hole was filled. That same afternoon,
building debris was dumpe in the same spot. Public Works followed the same procedure this
week. Mr. Eichorst explain (J th~ importance of community participation so that the violators can
be identified.
j.,
Mayor Taylor said the CIty's budget inctlldes $30/000 to clean up Martin Luther King Jr. Boulevard
only. The City has be~n trying to work out this problem, but needs help from the community.
Vice Mayor Bradle~ls community POlici~'iwu1 help in this situation, and he looks forward to
the implementat~'r' of this program. ~
VIII. DEVEL9PMENT PLANS: ""
/
City Manag~f Parker reported that the City received a let r from the Outpatient Properties'
applicant requesting that the application be tabled at this time s' ce their attorney was unable to
attend this/evening's meeting.
!
/
Motion /
/
Commissioner Rosen moved to table Item VIII-E. Vice Mayor Bradley second
carried unanimously.
A.
Project:
Agent:
Owner:
Location:
Description:
Shoppes of Woolbright PCD
CCl Consultants, Inc.
Howard R. Scharlin, Trustee
North side of Woolbright Road, east of the L.W.D.D. E-4 Canal
MASTER PLAN MODIFICATION: Request to modify the previously-
approved master plan to subdivide Outbuilding 3 into .895 acres,
revise the outbuilding sizes (Outbuilding 1 from 4/300 to 6,920
square feet, Outbuilding 2 from 5/000 square feet to 5,755 square
feet, and Outbuilding 3 from two stories and 6,000 square feet to one
19
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 16, 1995
north and south deceleration lanes be required. The Planning and Zoning Department also
recommends that a revised master plan be submitted if there are any changes approved by the City
Commission which are not reflected, or are contrary to, the proposed master plan.
Commissioner Jaskiewicz was displeased at having received documentation on this application
this evening. She pointed out a number of conflicts. She noted that the plan is not even remotely
similar to the plan which was in effect in 1986, yet impact fees are to be paid at the 1986
agreement rate. Three outparcels were not reflected in the 1986 plan, and it was specifically stated
that there would be no fast-food restaurants.
City Manager Parker advised that an Executive Session was conducted on March 24. The gist of
the agreement before the Commission this evening was discussed several months ago. The City
has been having back and forth discussions with Mr. Morton on the details of that agreement. The
Shoppes of Woolbright PCD back-up information has also been contained in the agenda books for
the last three meetings.
City Manager Parker reported that there were two different opinions on the fast-food restaurant.
One opinion (the 1986 agreement) specifically forbids fast-food restaurants. The subsequent
agreement (1990), which was passed by the City Commission, was silent on fast-food restaurants.
It has been Mr. Morton's position that the 1990 agreement negated the previous settlement
agreement of 1986. Therefore, there are many outstanding issues which have been discussed
between the two agreements. The agreement before the Commission is an attempt to settle those
various items.
Commissioner Jaskiewicz questioned why the fees have reverted back to the 1986 agreement.
City Manager Parker advised that the settlement was part of the court order. The impact fees were
to be paid at the 1986 level. However, the remainder of the fees which have been implemented
since 1986, are to be paid at the current rate. This current agreement is a mix of both the 1986
and 1 990 agreements.
Commissioner Jaskiewicz exprained that during the Executive Session, she was in agreement with
the berm and changing from a buffer wall to plantings, but she does not agree to a fast-food
restaurant being built on the property. City Manager Parker advised that this item is not the fast-
food restaurant. That item is an allowable use under PCD or C-3 zoning. The drive-thru on the
fast-food restaurant is subject to conditional use, and will be presented to the City Commission at
a future meeti ng.
Vice Mayor Bradley asked for clarification on whether or not the applicant is seeking one or two
more entrances on SW 8 Street. Ms. Heyden advised that the applicant wishes to shift one
entrance and add a median cut. The median cut will change the traffic circulation from the center
because it will provide an additional opportunity for traffic to turn and travel either north or south
21
l
i
MEEnNG MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
.
MAY 7,1996
Shoppes of Woolbright PCD
Louis R. Campanile, Jr.
eCl Consultants, Inc.
Howard Scharlin, Trustee
North side of the intersection of Woolbright Road and SW 8th
Street
MASTER PLAN MODIFICATION - Request to amend the
previously-approved master plan to reduce the building size of
Outparcel 1 from 6,920 square feet to 5,930 square feet;
increase the building size of Outpareel 2 from 5,755 square
feet to 6,745 square feet, Outpareel 3, remove the drive-
through lane; change the use of the 5.36 acre trad on the west
side of SW 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.
Tambri Heyden, Planning and Zoning Director, explained that on the west side of SW 8th
Street, there was a previously-approved commercial building of 20,000 square feel This
request proposes to change that commercial building to a freestanding sit-down restaurant
of,9,970 square feet and 180 seats.
8.
Project:
Agent:
Applicant:
Location:
Description:
~ f\lI V , j
I~ C, -- if)
Other parts of the request affect Outparcel1 and Qutparcel2. On the east side of SW 8th
Street, Outparcel 1 is being decreased from 6,920 square feet to 5,930 square feet.
Outparcel2 is being increased from 5,755 square feet to 6,745 square feet. An additional
minor change involves the industrial access road, Morton's Way. There is a proposal to
reduce that road from 80 feet to 50 feet. That difference will be added to the PCD.
There is an error in the agenda description. Originally, the applicant was requesting that
the drive-through for Outparcel 3 be deleted. However, that request has been deleted and
the drive-through will remain.
There are a number of staff comments outlined in Exhibit liD" of the agenda packet. When
this application went before the Planning and Development, they recommended approval
of the request subject to all of the staff comments in Exhibit liD" with the exception of
Comment #13 which relates to the last settlement agreement approved by the
Commission. The comment talks about an outstanding landscape buffer that was to be
installed by February 7, 1996. Since that has not been accomplished, staff recommended
that it be installed prior to permitting for Cracker Barrel. At the request of the applicant, the
Planning and Development Board recommends that comment be changed to "prior topCertificate of Occupancy for Cracker Barrel".
Mayor Taylor noted a recommendation to table this request until a traffic study is provided.
17
)
"
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 7,1996
,.
Ms. Heyden explained that traffic information had not been submitted; however, staff met
with the applicant and has reached an agreement on how to deal with the traffic.
Louis CamDanlle. of CCL Consultants. represented the applicant. He introduced Mike
Morton, and Rick Wohlfarth, President of CCL Consultants.
Rick Wohlfarth thanked staff for the assistance provided in getting through this process.
Mr. Wohlfarth stated that the applicant wishes to make minor adjustments to some of the
square footages in an effort to avoid having to come back before the Commission again.
Outparcel1 shows a reduction to 5,930 square feet. The applicant wishes to reduce that
figure to 4,000 square feel In addition, the applicant would like to increase the square
footage of Outparcel 3 to 3,175 square feet. As of today, the overall approved square
footage of the pce is 286,320 square feet. The applicant would like to keep that same
square footage so that it is available for another potential buyer.
In the staff report, there is a reference to three turn lanes (a northbound left-turn lane to --
the west to the Cracker Barrel site, a northbound right-tum lane that goes to the east, and
a southbound left-tum lane that goes to the east into the three outparcels). The applicant
is not certain the northbound right into the east, or the southbound left will be required.
The applicant would like to leave out these comments at this point. In the site plan
process, if the northbound right and southbound left are required, the applicant will be
happy to include them. The applicant is in agreement with all other comments. The
master plan has been modified, and will be submitted to the City for review by staff.
Ms. Heyden expressed concem about deleting the traffic comments. We received a letter
indicating that the traffic study would be delivered on May 15. It is premature to delete
these comments at this time. Furthermore, it is possible that the traffic study will not
address turn lanes because SW 8th Street is a local street. The traffic comments should
remain. After review of the traffic study, the comments can be evaluated. Ms. Heyden has
no objection with the reduction in square footage requested by the applicant.
Mr. Wohlfarth requested that the Commission delete the turn-lane comments, and if the
traffic study indicates they are necessary, and with staff's approval, he will bring in a master
plan revision. This would eliminate the need to come back in on the two turn lanes. Ms.
Heyden indicated this proposal would be agreeable to the Planning and Zoning
Dapartment. However, City Manager Parker pointed out that it would be agreeable only
with the City Engineer's approval. The City Engineer feels the turn lanes are necessary
regardless of what the supporting data says. City Manager Parker recommended
amending Mr. Wohlfarth's recommendation to indicate that it would be acceptable only with
\ the City Engineer's approval. Mr. Wohlfarth agreed with that amendment.
'~ MAYOR TAYLOR OPENED THE PUBLIC HEARING.
18
, .
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 7, 1996
,.
Carol Fretwell said she does not understand the significance of the reduction of Morton's
Way from 80 feet to 50 feet. Ms. Heyden explained that Morton's Way was originally
envisioned to be a collector road. It is now a local street. The width was arrived at based
on projected traffic and the number of parcels the street would be serving. It does take into
account turning radius.
Doris Gudmundson. 1206 SW 22 Street. noted from a newspaper account that the City
was asking Cracker Barrel to change its motif. She asked if what she read was correct.
Mayor Taylor explained that Cracker Barrel would be the next application, and she could
ask her question at that time.
Ms. Heyden pointed out that Comments 2, 7, and 8 deal with traffic. These comments
would have to be reviewed by the City Engineer upon receipt of the traffic study.
Vice Mayor Jaskiewicz referred to the mention of Taco Bell in Comment #7. Ms. Heyden
explained that the application was submitted with "the name Taco Bell. It is actually --
Outparcel 3.
Motion
C.
Applicant:
Location:
Description:
- Request for site plan approval of a 9,970
ract B of the Shoppes of Woolbright
Louis CamDanlle. CCL nsultants, introduced Ken Swee from Cracker Barrel Old
Country Store. Mrrca / anile stated that the applicant has the e comments relative
to the turn lanes tha were made in the Shoppes of Woolbright application. The
19
--:..'""ll"~~". Il'f ~_,...~_.._.__+
,.- ---_..._-_..__.~
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 6,1996
C. Resolutions
1. Proposed Resolution No. R96-104 Re: Authorize execution of
agreement between the School Board of Palm Beach County and the
City of Boynton Beach for the Emergency Medical Technology
Program
2. Proposed Resolution No. R96-105 Re: Authorize execution of
agreement between Group Insurance Solutions, Inc. and the City of
Boynton Beach for the renewal of insurance benefits
3. Proposed Resolution No. R96-106 Re: Authorize execution of
Florida Inland Navigation District Contract Extension to the project
agreement for Downtown Mangrove Park
4. Proposed Resolution No. R96-107 Re: Surety. reduction - Nautica
Plat II
5. Proposed Resolution No. R96-108 Re: Authorize execution of the
Utility Relocation Agreement which enforces the work stated on the
Utility Relocation Schedule
6. Proposed Resolution No. R96-109 Re: Authorize execution of
agreement between the City of Boynton Beach and D. L. Walker
Construction, General Contractor for renovations at City Hall in the
Mall
7. Proposed Resolution No. R96-110 Re: Acceptance of maintenance
agreement and final plat for Nautica Sound Plat Two
8. Proposed Resolution No. R96-111 Re: Substitution of Surety -
Lawrence Lakes Estate
Vice Mayor Jaskiewicz pulled this item from the Consent Agenda for discussion.
9. Proposed Resolution No. R96-112 Re: Right-of-Way
Abandonment - Shoppes of Woolbright Place
4
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
NOVEMBER 19, 1996
City Manager Parker Hill advised that the current Sign Code allows one freestanding pylon
sign up to a height of 20'. With a variance, the height could go to 25'.
Commissioner Titcomb feels that people driving down 1-95 are not going to get off the road
because they see a sign for CarMax. He finds the pylon sign on the site much more
attractive than the one proposed for the ramp top and would favor allowing the one on the
site.
Commissioners Bradley and Tillman agreed. Commissioner Bradley feels the sign at the
exit is too big and will take away from the beautifully-landscaped Park. He also feels that
the marketing objectives will be achieved with the sign on the premises.
Motion
Commissioner Titcomb moved to approve Agenda Item VIII-B - Major Site Plan
Modification rejecting staff Comment #49, amending Comment #53 to include the phone
signage on the poles as necessary, removing staff Comment #60 and proposing that we
grant the on-site pylon sign proposed and not the Gateway Boulevard exit sign, subject to
all other staff and Planning and Development Board comments that are not in conflict with
each other. Commissioner Bradley seconded the motion.
Mr. Willard confirmed that this motion includes the deletion of Comment #61. Comment
#70 would be revised to indicate that the applicant will have a pylon sign on the CarMax
lot.
The motion carried unanimously.
Shoppes of Woolbright PCD
Anna S. Cottrell
The Tradewinds Group
North side of the intersection of Woolbright Road and SW 8
Street
MAJOR SITE PLAN MODIFICATION - Request for approval
to modify the approved sign program to include freestanding
and wall signage for outparcels and main building tenant(s).
Anna Cottrell. aaent for the aDollcant. advised that Mr. Morton was present. She
explained that RaceTrac was developed as a parcel within the Shoppes of Woolbright.
RaceTrac handled the development with their in-house attorney and development people.
They were not aware that the sign package was not approved. They opened earlier this
year and were issued a permit for one temporary sign on the site. They have never
received permits for permanent signs. When the application for permit signs was
submitted, RaceTrac was informed that those applications could not be processed without
C.
Project:
Agent:
Owner:
Location:
Description:
35
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
NOVEMBER 19, 1996
an amendment to the overall sign program for the PCD. This request is to modify the
master sign program for the Shoppes of Woolbright and an application for a waiver from
the guidelines that limit the number of colors within the development.
Staff and the Planning and Development Board have approved this request with conditions
that were acceptable. There have been recommendations made by staff since that time.
The applicant was very happy with the conditions recommended by the Planning and
Development Board. However, staff modified Condition #25. "It is recommended that all
monument signs be designed to match the monument sign proposed for RaceTrac and
that the size of the monument signs be four feet high by eight feet long on top of a two foot
high monument base." If this limitation applies to RaceTrac, it was not something that
came out of the TRC or the Planning and Development Board. This would reduce the sign
that has been proposed for RaceTrac by about 50%. What has been proposed for
RaceTrac is a monument sign that totals 87.5 square feet. This is only approximately half
of what the Code allows (160 square feet). This number is based on the frontage. The
recommendation to reduce it to 32' on a 2' high base results in a 48 square foot total, and
is not what is being requested. The applicant is requesting that the limitation to the size
be deleted to allow the applicant to have a monument sign which is 87.5 square feet. This
would amount to a sign that is 12.5' long by 5' high with a 2' high base.
Michael Morton. Tradewinds Develooment. Boca Raton. Florida. explained that
RaceTrac had a monument sign, no pylon sign and other building signs they are trying to
get processed. With regard to monument signs, there were discussions at the Planning
and Development Board relative to Burger King submitting a request for a pylon sign on
Woolbright Road. The Planning and Development Board and Planning and Zoning
Department recommended it be placed on SW 8th Street. The applicant agreed to that
recommendation. They further agreed that on the remaining two outparcels, they would
be restricted to monument signs only, and they would be of the same size. These signs
would be restricted to colors that would be in compliance with colors that are being
approved unless they are national logos. The applicant agreed that the monument signs
on Parcel C would be all of the same nature.
On the site plan for Burger King, there is a pylon sign which will be moved along SW 8th
Street on the southwest portion of their parcel. There are other drive-through signs and
identification signs that go along with the Burger King approval.
When Burger King came before the Commission, the signs, the colors for the signs and
the elevations were all approved by this Commission.
Ms. Cottrell continued that there are two outstanding issues. One outstanding issue was
whether all signs in the future would be monument signs. The other outstanding issue is
the recommendation for the reduction in the size of the proposed sign.
36
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
NOVEMBER 19, 1996
Vice Mayor Jaskiewicz pointed out that the sign RaceTrac is currently using is very
readable, and is beautifully landscaped. In her opinion, a big sign would detract from the
site. Ms. Cottrell explained that the Code allows two signs up to 160 square feet based on
the frontage. The proposed sign is far less than what the Code allows, but they feel it
meets their objectives.
Ms. Heyden explained that the reason the comment was added by staff was that when
staff checked with the City Clerk's Office, they found this issue was left out of the Planning
and Development Board recommendations. The problem the board had was trying to stay
with what the City Commission had set forth in the last approval (Cracker Barrel). The City
Commission was expecting that all future signs would be monument signs.
Staff compared the RaceTrac submittal and the site plan for Burger King to see what each
applicant was requesting. Burger King wants either a 4' x 4' or 6' x 6' sign. Staff!s
recommending a 4' x 8' on top of a 2' high base. RaceTrac is requesting a 5' high x 12.5
wide sign on a 2' base.
Ms. Heyden explained that there has been a big problem with this application from the
start. The sign Code does not allow a 120 square foot sign. It allows that size sign for
shopping centers, but that does not mean every parcel within the shopping center is
allowed that size sign. For commercial parcels, a 64 square foot sign is permitted. There
is a separate section in the Code for planned districts which references a comparable
zoning district. This provides latitude to look at what is appropriate. Staff feels the 4' x 8'
sign on a 2' high base ties in what Burger King proposed.
Ms. Cottrell said the applications for RaceTrac were submitted months ago. They went
through TRC and the Planning and Development Board. There has never been a question
about the size of the sign. The application that was submitted very clearly showed the
dimensions of the sign. It has never been in question and there was never a comment that
it exceeded the sign limitations. Some of the information on the rest of the application
needs more details.
Ms. Heyden said the reason this was never brought up before was because there was no
sign program submitted. When the signage came in for RaceTrac, the entire package was
not available and the Building Department did not comment on it. At the Planning and
Development Board meeting, they wanted to remove the monument signs from the
submittal because there was so much detail missing. Because Discount Auto is in
submittal now, and Burger King is in permit, staff did not want the monument signs
excluded.
Ms. Cottrell said they would like the Commission to approve this request with the Planning
and Development Board recommendations. Another item RaceTrac was concerned with
37
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
NOVEMBER 19, 1996
dealt with the timing of the submittal for the rectified master plan. There has been an issue
of how that is being processed and the timing of it. This was previously Condition #20. It
has been modified and resubmitted as Comment #23. The applicant would like clarification
that this applies for permits for buildings, rather than permits for signs. Ms. Heyden said
staff has no problem with that request.
With regard to the rectified master plan, Mr. Morton said there was agreement that they
would take it off for signs. However, the master plan was submitted and has been with the
City for over six months. He feels the rectification of this plan is up to City staff, not the
developer. The developer prepared a master plan based on the approval received after
Cracker Barrel, and it has been in the City for six months. They received a comment that
it needs to be rectified again because they submitted for the median openings for Burger
King and Discount Auto. That has not been fully approved yet. If it has been approved,
Mr. Morton can rectify the plan. The plan that is in the process shows the median opening
but not the turn lanes. The rectification process cannot be held up waiting for the turn
lanes. The plan can be rectified when they come in the next time. Building permits cannot
be held up while City staff is holding up the master plan. Mr. Morton met with staff and
reviewed this, and it is still not signed off by all of the departments. The rectification of this
plan is not in Mr. Morton's control.
Ms. Heyden advised that staff met with Mr. Morton yesterday to try to resolve this issue.
Staff cannot move on the master plan until Mr. Morton goes back to the traffic consultant
to have her revise the traffic study. There are eight comments from the Engineering
Department that deal with traffic.
Mr. Morton said this had nothing to do with the master plan being rectified. This is a new
issue that was just raised over the past four weeks as to how the applicant is viewing a
previously-approved median opening. The master plan that was approved when Cracker
Barrel was approved is the plan that staff has had for six months. The applicant has not
agreed on how to move forward on the traffic issue. Discussion is still necessary.
However, the permits for the projects cannot be held up because the traffic engineer is still
working on the median opening that the Commission approved a year ago.
In looking at the master plan, there was a median opening approved when the Taco Bell
came through. That median opening would allow traffic to come out of Taco Bell and go
west across SW 8th through the median and go south to Woolbright Road. That median
cut is on the plan and is approved. That was also on the site plan submitted for Burger
King. The Burger King site plan is approved also. The only comment on the Burger King
site plan says "the turn lanes will be by others." Comments made by Bill Hukill and agreed
to by the Commission and the applicant were that if a northbound left turn lane was
required, or a southbound left turn lane was required, Mr. Hukill would make the final
decision of those turning movements. There was never any discussion about eliminating
the median opening. When the submittal was made for permitting to build the median, an
38
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
NOVEMBER 19, 1996
issue came up as to not having the movement westbound through the median and then
a left turn south. That was the reason for yesterday's meeting. Mr. Morton has been
working with Burger King to encourage them to give up that movement and keep only a
southbound left turn. They have not approved that yet, and may not agree to it because
they have an approved site plan that shows that median opening.
Ms. Heyden reiterated that rectification is in Mr. Morton's hands. In order to shorten this
discussion, Ms. Heyden recommended that prior to issuance of any further building permits
for the PCD with the exception of Burger King, this master plan must be rectified. Mr.
Morton agreed to this recommendation.
With regard to the median opening, Mr. Morton said it was approved on the site plan for
Burger King as previously submitted, and now staff is trying to eliminate the movement that
the opening was designed for. He is not certain Burger King will agree to that. This may
have to come back for Commission review.
Ms. Heyden pointed out that Comments 20 and 23 are now resolved, and Comment #31
will be deleted.
With regard to Burger King, they brought their sign program and building colors before the
Commission. The channel letters on the building are the national corporate logo which is
acceptable in the Sign Code. The City Commission also approved the building elevations
and one contains a box sign. The comments now say it is not permitted to have channel
letters and cannister signs on the building. The channel lettering is their national logo. Ms.
Heyden agreed that there wa~ no objection.
The third issue involves the pylon sign. The applicant agrees to move it off Woolbright
Road and onto SW 8th Street.
Ms. Heyden advised that the City Manager requested that she copy the minutes from the
meeting in 1990 when the pylon signs were approved. In 1990, the sign program showed
two pylon signs. Only one was approved and that is the one that is on the site now. With
this submittal, the applicant is requesting another pylon sign for Burger King. Approval of
this request would result in three pylon signs. Based on the previous approval, staff
recommends allowing only the existing pylon sign on Woolbright Road and that one
monument sign be allowed for Burger King. Staff does not recommend allowing a
freestanding sign and a pylon sign.
Mayor Taylor explained to Mr. Morton his feelings that the City has been very
accommodating on this project. He has heard remarks that this project has no unity, and
that is because the tenants are coming in one at a time. The City has been very
accommodating with regard to colors. Mayor Taylor feels if there is any chance of
salvaging any unity, it might be in the signs. He supports the monument signs and is
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against more pylon signs. Monument signs are much more upscale. If monument signs
are used. there should be some conformity of size. An 87 square foot sign is huge.
Vice Mayor Jaskiewicz feels the 4' x 8' sign on the 2' high base would be much more
tasteful.
Mr. Morton suggested that if the Sign Code is going to be followed, then a allowable square
footage should be followed when doing monument signs. He pointed out that there was
never any discussion, nor was there any agreement, that signs should be 4' x 8'. That is
not what the Code says. This is a new comment which did not exist before yesterday at
3:30 p.m. Mr. Morton appreciates the Mayor's comments with respect to the pylon sign.
He recalled that when Cracker Barrel came through, the Commission wanted to put
monument signs on all three of the outparcels. Mr. Morton agreed to that request, and
agreed to have them at the same size with their corporate logos. He will agree to that
again. However, he feels we must be commensurate with what is allowable. RaceTrac
has an allowable sign size, and 4' x 8' is not acceptable.
Mr. Morton explained that this shopping center consists of two outparcels on the west side
of SW 8th Street, and three outparcels on the east side along with Home Depot. The
outparcel to the north is where the applicant was hoping to have Walmart. That could end
up being another outparcel because Walmart has delayed moving forward. All of these
outparcels should be able to have their identity which is a monument sign of a normal size.
Mayor Taylor feels their identity is their logo, and they have been permitted to have their
logos on their parcels. If RaceTrac is granted an 87 square foot sign, it will not be possible
to deny that same request to the next tenant. A sign which is 6' high and 8' (the 2' high
base included) long is huge. He pointed out to Mr. Morton that the City is permitting the
logos and the colors.
Ms. Heyden said the problem lies in the Sign Code because it does not address monument
signs.
Mr. Morton questioned whether the 4' x 8' number is arbitrary. Ms. Heyden responded
negatively and explained that she took that figure from the Burger King monument sign and
what was turned in for RaceTrac.
Ms. Cottrell said RaceTrac is entitled to two signs, but they have only asked for one.
Therefore, the impact will be less. Although Ms. Heyden's recommendation may be the
average of what was submitted, it does not reflect the total sign size that was requested
and is allowed.
Commissioner Tillman feels this 87 square foot sign at ground level is clownish. RaceTrac
is adjacent to the intersection. He feels it is ridiculous to manipulate the Sign Code to try
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to put up a sign of this size at this location.
Ms. Cottrell said there was never an attempt to manipulate these numbers. She explained
that a great deal of this 87 square foot sign is not sign face. It includes the 2' base on
which it sits. RaceTrac is not interested in a site that will have such a visible impact that
it will look like something contrary to what they want to present to the community. Her
comments with regard to the sign are based on what RaceTrac understood from the
preliminary discussions and the discussions between the sign company and the building
company regarding what they would be allowed to do under the Code. They submitted
less than what they were told they would be allowed to do.
Mayor Taylor reiterated that the Commission has agreed on Comments 20 and 23 and
deleted Comment 31. The only remaining discussion deals with Comment #25.
Vice Mayor Jaskiewicz concurred with Condition #25 as written.
Commissioner Titcomb is strongly in favor of the monument sign concept for the entire site.
He would be willing to slightly increase the 4' x 8' dimensions, but would not be willing to
support the proposed sign. Commissioners Tillman and Bradley agreed with these
remarks.
Mayor Taylor supported Comment #25 as written.
Commissioner Titcomb suggested allowing 64 square feet which includes a 2' base. This
will provide a 6' x 8' sign on top of a 2' base.
The applicants accepted this change.
Commissioner Bradley remarked that he would like to see the dimensions somewhere
between the 32 square feet and 64 square feet. He suggested a 10' long x 4' high sign on
a 2' base.
Mr. Morton said this would not work because it is too wide. It would be out of proportion.
Commissioner Bradley then recommended a 5' high x 8' long sign on a 2' base. This is an
additional one foot over what is recommended. Ms. Cottrell said what would make more
sense is the total square footage allowed rather than define the dimensions. The different
logos for the tenants will fit in different ways.
Mark Gesman. reoresentina Buraer Kina. said he is concerned about the Burger King
sign because their logo is more vertical than horizontal. He requested that Burger King be
considered when RaceTrac is being considered.
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Commissioner Titcomb said his concern is with the continuity of the signs. Logos can be
scaled up and down as can typesetting.
Consensus
There was a consensus of the Commission to allow 56 square feet which would amount
to a 5' high x 8' wide sign on a 2' base.
With regard to the issue of pylon signs, Mr. Morton said this deals with the two shopping
center pylon signs that were on Woolbright Road. When the plan was submitted in 1990,
there were two pylon signs included. Both were the subject of variance requests at that
time. The one in the southeast corner was to be 60' high. The other sign was slightly east
of where the sign is currently located. At a meeting to discuss the height of these signs,
the Commission voted to allow one pylon sign at its current height and denied the second
pylon sign built at 60'. They did not preclude the second pylon sign. However, they did not
grant the height that was requested. These two pylon signs have been on all of the master
plans since 1990. In the minutes of one of the meetings, City Manager Parker Hill
mentions the fact that we have two pylon signs.
City Manager Parker Hill said her remark was that it was Mr. Morton's opinion that he had
two pylon signs.
Mr. Morton said this has been on the master plan for six years. It was prior to Cracker
Barrel and Taco Bell. It was on the plan when Home Depot came in. The reason for the
second Shoppes of Woolbright pylon sign is that Walmart would occupy the sign that is
presently the Home Depot sign. It would be redone in dark blue. Home Depot would then
build their sign on the location shown on the master plan. If Walmart or another major
tenant comes into the center, they will be looking for that sign for their identification. Mr.
Morton said he is eliminating the wing walls on the original plan and the pylon sign
requested by Burger King. Comment #19 requires that a note be placed on the master
plan that the approval of this sign is limited to location only. Mr. Morton agrees to this.
Vice Mayor Jaskiewicz questioned the relevancy of the 1990 plan to this evening's
discussion. She thought that plan was no longer in effect.
City Manager Parker Hill explained that Mr. Morton has never submitted the sign package.
This is the reason why this issue has been dragging on. All of the discussions this evening
should have taken place several years ago.
Mr. Morton said the reason why he could not have submitted a full master sign plan that
shows every parcel and every store is because they did not know what was going on the
site. Without the tenants, it is ludicrous to come in with a sign program. There is no point
in approving Walmart at this time if they are not going to be part of the center. He cannot
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bring in signs for a tenant that does not exist at this time.
Mayor Taylor explained that he wants to know that there will be a monument sign on the
parcel regardless of who will be occupying the space. In addition, he wants to know how
many monument signs Mr. Morton wants in this center.
City Manager Parker Hill said Mr. Morton has been picking and choosing when he wants
to treat this as a unified shopping center and when he wants to choose this as individual
parcels for development. This has been part of the problem.
Mr. Morton disagreed with these remarks and said he has an approved site. He
questioned whether he is being forced to build what is shown on the master plan.
Mayor Taylor responded negatively, and reiterated that he wants to know how many signs
Mr. Morton wants.
On Parcel C which has Burger King, Discount Auto and another submission, Mr. Morton
said there will be monument signs on each of these sites of the size that was just
approved. They will contain the logos of the tenants. All signs will be in conformity. With
regard to RaceTrac, they have agreed to a monument sign in the size designated this
evening. With respect to the 14 acres where Walmart was anticipated, if they do come in,
Mr. Morton will change the master sign plan and show a Walmart sign package. If TJ Max
and Service Merchandise come in, he will show the Commission a plan and try to get it
approved at that time. At this time, he does not know what will be going on the 14 acres.
The only other issue involved this evening is that there is an existing pylon sign on
Woolbright Road which is shown on the master plan. Mr. Morton always believed he was
entitled to that second pylon sign. He is not requesting identification other than location
for that sign. Comment #19 indicates that two pylon signs are shown on the Home Depot
property frontage on Woolbright Road. The Sign Code allows only one freestanding sign
for Home Depot; therefore, pylon signs shall be limited to one. In Mr. Morton's opinion, that
one is for Home Depot. The second sign will not be for Home Depot. Mr. Morton agrees
to Comment #19 and wants to be certain that on the rectified plan the second pylon sign
could be there in the future.
Mayor Taylor said he would not agree to that, and the Commission has been clear that
they do not want a second pylon sign on Woolbright.
Vice Mayor Jaskiewicz asked if the current pylon sign is on Home Depot property. Mr.
Morton said it is located on common property between his property and Home Depot.
Ms. Heyden said there is no common property in that location. That sign is located on
Home Depot property. Mr. Morton said it is part of an REA and both parties have full
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responsibility for the location and maintenance of that sign.
Commissioner Titcomb reviewed the 1990 comments. With regard to taking the sign down
to 30', the minutes state that there would be one sign instead of two signs. Mr. Morton
agreed because at the time, the second requested sign was 60'. Mr. Morton said he
agreed there would not be a second 60' sign.
In response to Mr. Morton's question, Commissioner Titcomb said the Commission is not
taking away the second pylon sign. Mr. Morton's comments in 1990 took away the second
sign. It now sounds like Mr. Morton is saying even though these comments were made,
because the sign was existing on the drawing, he did not mean what he said.
Mr. Morton felt the interpretation in the minutes was that he was withdrawing the request
for a 60' high pylon sign in the second location. The way it is written, it appears that they
took away the second sign in its entirety. He claims he did not do that. He only withdrew
the request for the second pylon sign.
Mayor Taylor pointed out that regardless of the interpretation, the Commission has made
it clear that they do not want two pylon signs on the property.
With regard to Comment #18, Burger King's letter style must be changed. Mr. Morton
pointed out that Burger King is a nationally-registered logo. Therefore, this comment
should be removed. Ms. Heyden explained that the City must receive the information on
the trademark. Once that information is submitted, the comment will be eliminated. Mr.
Morton said the information was already submitted and has been before this Commission
at the last meeting. Attorney'Cherof asked Mr. Morton to provide a copy of the trademark
and the location where it is registered.
Attorney Cherof advised that Comments #18 and #31 are rejected. Comment #30 is
included.
Mr. Morton asked for clarification on Comment #13. Ms. Heyden advised that this issue
is addressed in Comments 24 and 28. Comment #13 has been deleted.
Motion
Vice Mayor Jaskiewicz moved approval of the approved sign program to include
freestanding and wall sign age for outparcels and main building tenants subject to all staff
comments including rejecting Comment #18, reworded Comment #23 with the exception
of Burger King, Comment #25 showing the maximum square footage of 56 square feet (5'
x 8' on a 2' base) and deleting Comment #31. Commissioner Titcomb seconded the
motion which carried unanimously.
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Description:
Shoppes of Woolbright PCD
Anna S. Cottrell
The Tradewinds Group
North side of the intersection of Woolbright Road and SW 8
Street
COMMUNITY DESIGN PLAN APPEAL - Request to appeal
the Community Design Plan to allow more than two colors (in
addition to black and white) for proposed signage
D.
Project:
Agent:
Owner:
Location:
Anna Cottrell. aoent for the applicant. advised that this is a request to waive specific
parts of the Community Design Plan that provides the maximum number of colors in a
shopping center. They are requesting the addition of colors for RaceTrac, several of which
will be replicated at Discount Auto. There was a question about the color blue. Mayor
Taylor questioned whether Comment #9 addresses this issue. Ms. Cottrell responded
affirmatively but explained that Conditions 5, 6, 7, and 8 are new. There were not before
the Planning and Development Board.
She explained that Conditions #1 and 2 were deleted. Condition #3 was replaced by
Condition #9, and Condition #4 was deleted during the Planning and Development Board.
This was acceptable to the applicant. However, staff is recommending four new
conditions. Conditions 5,7, and 8 are related to the color blue.
Ms. Cottrell explained that the blue around RaceTrac is only around the letter. From a
distance, it appears to be black. RaceTrac has done a number of studies and determined
that blue is a better background to distinguish the letters. Even though it appears black
from a distance, the blue softens the lines between the background and the actual letters.
There is no other dark blue being proposed. When Walmart was being proposed, the blue
on RaceTrac matched the blue in Walmart. The only blue being requested is the blue
around the letters. No other part of the sign will appear as dark blue. Mr. Morton has
agreed that when the wall sign for the project changes, the sign will be changed to the dark
blue.
Vice Mayor Jaskiewicz prefers the dark blue with the yellow rather than the black and
yellow. There was agreement among the Commissioners to delete Comment #5.
Comment #4 recommended changing the color yellow to a yellow shade of orange. This
comment was deleted by the Planning and Development Board. It was their feeling that
replacing the yellow with a shade of orange with a background of red would not be
aesthetically pleasing and it will not blend. This now relates to a new condition which
recommends changing the yellow to white. Ms. Cottrell explained that the yellow only
appears in the background for the prices.
Ms. Heyden advised that Discount Auto is now in the site plan process. She has looked
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at their freestanding sign at their facility on Hypoluxo Road. Their freestanding sign will
have yellow on it. Ms. Heyden added this comment since yellow for RaceTrac is only
shown on their sign as a background, staff recommends that it be removed, and they
postponed the issue of yellow on Discount Auto until it comes in. Staff is trying to make
this yellow more orange in color. Discount Auto has yellow all around the large band. It
does not make sense to allow RaceTrac to have yellow on the sign when they do not have
yellow anywhere else on the building.
Ms. Cottrell said RaceTrac feels the price reads better with yellow in the background. The
changeable numbers are black.
City Manager Parker Hill explained that the yellow does not have to be included. This is
a decision to be made by the City Commission. The Commission does not have to accept
the corporate colors. In addition, if the Commission approves yellow as the background
for RaceTrac, they would not have to approve yellow for the entire project.
Commissioner Titcomb would prefer not to see the yellow, but he does not have a problem
with it if that is the consensus of the Commission. Since the Commission will be dealing
with Discount Auto, he feels both situations would look better in white, red and blue. While
the yellow and black signage is historic with auto parts stores, it has a cheap look. White
would have a more elegant look.
Mr. Morton asked the Commissioners to decide what color they would want to see for the
Discount Auto sign. Vice Mayor Jaskiewicz said she would prefer white and black.
Commissioner Titcomb said he would be inclined to reject Comments #4 and 5, and
include Comment #6. Having yellow in a sign is a lot different from having an entire
building yellow. -
Ms. Heyden said Comments #7 and #8 are new comments because the City Manager
requested that the meeting minutes of the May 14, 1996 be included. When Cracker
Barrel was approved, it was stated that royal blue would be removed from the existing
pylon sign. Mr. Morton said that was agreed to if they rebuilt the pylon sign as a Walmart
sign. Mr. Morton said he does not intend to change the pylon sign if he is not building a
second one unless it gets old and must be replaced. What was agreed to was removing
the royal blue from the wing walls. The applicant then removed the wing walls entirely;
thereby reducing the signage that was allowed in this project.
In response to Commissioner Titcomb's question, City Manager Parker Hill advised that
the words "Shoppes of Woolbright" appear in royal blue. Commissioner Titcomb said he
would be supportive of maintaining these comments.
Mr. Morton questioned how Commissioner Titcomb could be supportive of making the
~
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. The pylon sign on the southeast corner of the site be deleted if the 60 foot or so
sign on 1-95 is approved by the City Commission.
. Provide concrete wheel stops in the three rows of the employee parking area.
Mr. Rosenstock seconded the motion.
Vice Chairman Golden stated that he voted against the use approval and is going to vote
against the site plan to be consistent.
With regard to the on-site monument sign that is going to be redesigned, Mr. Willard
advised that Comment 49 is concerned with the sign area. He proposedlo leave the sign
area the same size. Mr. Aguila had no objection as long as the size of the sign does not
exceed the Code requirement.
The motion carried 6-1. Vice Chairman Golden cast the dissenting vote.
Shoppes of Woolbright PCD
Anna S. Cottrell
The Tradewinds Group
North side of the intersection of Woolbright Road and
S.W. 8th Street
Request for approval to modify the approved sign
program to include freestanding and wall signage for
outparcels and main building tenant(s).
Ms. Cottrell and Michael Morton, the property owner, were present. Ms. Cottrell said her
firm had done some work for RaceTrac regarding the application for site plan approval
extension. RaceTrac was approved a number of years ago and just got moving on this site
a year and a half ago. They had received their site plan approval, submitted for permits,
and only after submitting for permits for their signs were they made aware that the signs
had never been approved as part of their site plan application package. They have not
been issued permits for signs for the RaceTrac facility. One small, freestanding sign
exists, but it is temporary and it will not be in place once the permit signs are approved.
In addition, there are no wall signs on the building. All of the signage at RaceTrac is
temporary. They were given a temporary permit for the freestanding sign so that they
could display their prices.
3.
Project:
Agent:
Owner:
Location:
Description:
When the application for the sign package was put together, the Building Department
commented that in order to receive approval for the signs, the applicant would have to
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modify the overall sign program for the Shoppes of Woolbright Place. In the meantime,
the developer has secured contracts with several other tenants at that site. This
application is a modification to the master signage program for the PCD and includes those
new tenants in the overall package. This is an attempt to present a sign program that
indicates the existing approvals, what is proposed for RaceTrac, and what is proposed for
future tenants who have been contracted to develop on these sites. The sign program that
has been submitted for RaceTrac is consistent with the development that already exists
with respect to colors and architectural appearance. In addition, there is a request to
approve the signs for Discount Auto and Burger King. The application includes Wal-Mart
signs; however, that contract has not been executed. Therefore, the Wal-Mart signs will
be eliminated.
In addition to the request for the master sign program modification, the applicant made a
request for a waiver of the Community Design Plan requirement that limits the number of
colors that can be at the site. Staff has indicated that the applicant is inconsistent with
Community Design Plan guidelines regarding the style of the signs and the style of the
lettering. It was Ms. Cottrell's understanding that it was agreed at the TRC meeting that
the applicant would not be required to submit applications for waivers for those two items.
She felt the applicant is consistent with the requirements for a consistent lettering style
which exempts nationally registered copy. She advised that all the signs are nationally
registered copy, and the cabinet style that has been selected was approved with the Home
Depot. Home Depot has two cabinet styles--the cabinet and the channel letters. All of the
signs indicate channel letters. She felt the applicant is consistent with what has already
been approved. For this reason, only one waiver request was submitted.
Mr. Rosenstock stated that Mr. Morton presents something different every time he appears
before the Board. He would like to see an overall concept of what these signs are going
to look like. Ms. Cottrell said this application attempts to do just that. Part of this project
is subject to separate settlement agreements of litigation. She said the overall concept of
this development has changed from what was originally presented.
Mr. Rosenstock asked Mr. Morton if he would be willing to put into writing that there will be
no overall signage along Woolbright Road to cover all the tenants to the north. Mr. Morton
said this project is not an ordinary shopping center like the one on Hypoluxo Road and
Congress Avenue. This is a shopping center of box type users and small outparcels.
RaceTrac is a national user. It has its own identity and owns it own parcel and, therefore,
is looking for its sign identification. Cracker Barrell is a national chain and has its own
identity. Burger King is a chain and has adjusted their building design to meet the criteria
of some of the comments that' ilere presented earlier. It is a very nicely designed building
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and very acceptable. It is different that RaceTrac and Cracker Barrell. Home Depot has
been there since 1990. It is a big box. It is the same type of Home Depot that is built in
over a thousand locations throughout the country. If Wal-Mart would have come here, it
would have been a typical Wal-Mart store. All of these parcels are not part of a cohesive
shopping center as was originally, generically planned. The 1986 master plan did not get
implemented and approved until 1990. It was a generic plan and at that time, if all those
buildings were interconnected, there would be a cohesive sign program. However, this is
a series of outparcels. Remaining on this parcel is an outparcel to the north of Discount
Auto. Mr. Morton hopes to present a plan for this parcel in the next two weeks. The only
thing left in the shopping center would be the 14 1/2 acres that Wal-Mart was supposed
to occupy.
Chairman Dube referred to the monument and pylon signs on page 4 and said those are
basically all the signs, with the exception of the unknown tenant who is probably going to
want a sign. Mr. Morton said the only signs that are not on the plan would be a sign that
would be on the wall of the third outparcel and the signs that will be on the wall of the 14
1/2 acre site that Wal-Mart was supposed to occupy. Chairman Dube asked if there is
going to be one big sign with all the tenants on it. Mr. Morton said there will not be a
massive sign for every tenant in this project.
Mr. Aguila asked if Mr. Morton is going to submit a typical design of the shape, stature, and
design elements of all the different pylon signs so that there is at least some continuity in
the design. Mr. Morton stated that the continuity does not exists because it is a series of
outparcels. On the west side of 8th Street there are two outparcels (RaceTrac and Cracker
Barrell). RaceTrac is proposing to put in a sign on the fascia of the enclosure. Their
package is a little different and stands off to the side. RaceTrac and Cracker Barrell are
on one side of the street and are apart from this center. Even though a common property
owner developed all of this property, 8th Street bifurcated this property and separated
RaceTrac and Cracker Barrell to one side.
Mr. Morton said Burger King has asked for a pylon sign. Discount Auto is putting up a
monument sign, not a pylon sign. He felt we should try to keep the continuity with regard
to the size of these signs. He felt the third parcel in that outparcel should also maintain
continuity with regard to the size of the signs. Tonight, he was trying to establish the
necessity for more than two colors, in addition to the black and white, so that the tenants
can have their corporate logos. RaceTrac is using colors that are going to be used on the
other side of the street as well. Therefore, there will be some commonality. The only extra
color that RaceTrac wants is grey in their sign, which matches their building. The red and
yellow colors will be used on the other side of the street. The orange has been on Home
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Depot, and there is some orange in 'the Burger King sign. Discount Auto has red and
yellow. Mr. Morton promised to keep the color continuity when the third parcel is done.
Vice Chairman Golden thought Discount Auto's typical colors are were grey and yellow.
Mr. Morton said they typically have a yellow background with red letters and a grey
building. The grey building will be the same color as RaceTrac. Ms. Cottrell said the red.
yellow and grey colors do not have the exact manufacturer's specifications. but they are
very close.
Mr. Rosenstock stated that Mr. Morton has not presented some kind of diagram and
complete description of all the signs he is requesting the Board to apProve this evening.
Mr. Morton said the ink is still wet on the Burger King approval and they are still trying to
finalize getting all their ducks in a row to get their permits pulled. The plans for Discount
Auto were submitted to the Planning Department this morning. He would be happy if the
Board made a decision on RaceTrac and Burger King, and he will return with Discount
Auto.
Mr. Aguila accepted the fact that all the tenants are going to want their corporate signs.
However, he asked that there be some continuity with the design of the cabinets that house
the different corporate images. Mr. Morton agreed with Mr. Aguila. He said the Discount
Auto monument sign should be of the same cabinet size that will be approved for Burger
King.
Ms. Cottrell said staff requested that the yellow on RaceTrac be changed to an orange
yellow color. She felt the orange is not going to be compatible with the red that is in the
rest of the signs.
Item 7.B.4
Mr. Morton agreed to delete the color green, as requested in Comment 1. However, he
requested that Comment 2 be deleted and that RaceTrac be allowed to keep the grey in
their sign. Ms. Cottrell said the only grey is in the cabinet for the monument sign. The
reason grey was selected was because it matches the building. Staff is recommending
that it be changed to white. She felt the white would stand out more. Mr. Morton added
that the Discount Auto building is going to be grey to match the RaceTrac building.
Ms. Cottrell requested that Comment 3 be deleted. She advised that the dark blue
selected for RaceTrac was to match Wal-Mart. The only dark blue being proposed is
around the channel letters. It is a better color visually to contrast the channel letters from
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the background of the canopy and the building. Royal blue was originally approved for the
overall sign concept for the shopping center. It exists above the Home Depot sign on the
pylon, and may be replaced in the future. Mr. Morton stated that if he changes the pylon
sign in the future, he will use dark blue instead of royal blue.
Mr. Morton was agreeable to having the locations of the signs approved for Discount Auto,
but tabling the size and colors of Discount Auto and the third outparcel. Ms. Heyden
advised that this Board does not have the ability to do that. In addition, she opposed doing
this. She said the color yellow is going to be key to Discount Auto and it is better for them
to know it now while the site plan is in process.
---~ ...
Motion
Chairman Dube passed the gavel to Vice Chairman Golden and moved to approve the
Community Design Plan appeal for Shoppes of Woolbright revised sign program, subject
to staff comments with the following modification: Delete Comments 2 and 4, and change
Comment 3 to dark blue, leaving the royal blue that is on the Home Depot sign. The royal
blue on the Home Depot sign is to be changed to dark blue if it is ever repainted.
Mr. Aguila seconded the motion, which carried 6-1. Mr. Rosenstock cast the dissenting
vote.
Item 7.B.3
Mr. Morton agreed to Comment 2, except with regard to the sign that has no tenant. He
said Comment 3 should be eliminated. When the master plan was originally approved,
there were two pylons signs on Woolbright Road on the plan. With regard to Comment 4,
he said the Burger King site plan has various sign components that are shown on the plan.
Ms. Heyden advised that Comments 3 and 4 can be eliminated because staff has made
a similar comment that is more specific.
Mr. Morton requested that Comment 13 be deleted because there are no other stores.
Therefore, this comment is not applicable at this time.
Ms. Cottrell advised that Comment 17 relates to the Community Design Plan and a single
sign sty~. Originally, two (channel and cabinet) were approved. Ms. Heyden stated that
the original approval allowed them to use either on one building. Ms. Cottrell requested
permission to use channel letters only, and asked if the applicant is required to file an
application for a Community Design Plan appeal to use more than one style sign on the
31
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 12, 1996
wall signs. Chairman Dube said the applicant would have to do that in the future if he
wants to use something other than the channel letters.
Chairman Dube said Burger King does not have to change its letters. Therefore, Comment
18 can be deleted. Ms. Heyden stated that it was not clear to staff whether Burger King's
letter style was actually a trademark. Mr. Morton will provide verification of that.
With regard to Comment 19, Mr. Morton stated that two signs have been approved as part
of the original plan. Ms. Heyden said she has documentation showing that only one was
approved. Mr. Morton said one was approved to construct; however, two have been on
the master plan since 1990. Ms. Heyden said when the Wal-Mart or other use comes in,
it can place its sign on the existing Home Depot sign. Right now that sign says "Shoppes
of Woolbright" in royal blue with Home Depot underneath it, and there is space for another
tenant. She did not feel there is a need for another freestanding sign along Woolbright
Road. Chairman Dube advised that Comment 19 will have to be resolved before the City
Commission meeting.
Ms. Cottrell asked for clarification of Comment 20. She advised that staff has not been
able to predict when the master plan will be approved. The master plan is being held up
by DOT and other reviewing agencies. Ms. Heyden revised this comment to read that this
can be postponed to plat approval for Parcel 2. Mr. Haag added that it is hinging on the
median cut leading into Burger King.
With regard to Comment 22, Mr. Morton agreed to move the Burger King sign from
Woolbright Road to 8th Street. Therefore, there will only be two pylon signs on Woolbright
Road.
Motion
Vice Chairman Golden moved to recommend approval of the major site plan modification
for the Shoppes of Woolbright request for approval to modify the approved sign program
to include freestanding and wall sign age for outparcels and main building tenants, subject
to staff comments with the following exceptions: Delete Comments 3, 4, 13, and 15, and
reword Comment 20 to postpone to platting of Discount Auto.
Mr. Morton said he does not have any control over what staff does with his plan.
Ms. Heyden advised that staff just received the median plans 30 days ago. She will work
this out with the applicant.
32
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 12, 1996
Mr. Aguila seconded the motion, which carried 6-1. Mr. Rosenstock cast the dissenting
vote.
Community Design Plan Appeal
Description:
Shoppes of Woolbright - Revised Sign Program
Anna Cottrell
The Tradewinds Group
North side of the intersection of Woolbright Road and
S. W. 8th Street
Request to appeal the Community Oesign Plan to allow
more than two colors (in addition to black and white) for
proposed signage.
4.
Project:
Agent:
Owner:
Location:
See discussion under Item 7.8.3.
Discussion (continued from last meeting)
None.
5. Proposed changes to all of the Land Development Regulations
Due to the late hour, this item was not addressed.
8. COMMENTS BY MEMBERS
For the record, Chairman Dube said earlier in the meeting, he requested that Mr. Elders
go home because he was ill.
9. ADJOURNMENT
There being no further business to come before the board, the meeting was adjourned at
12:10 a.m.
/ /<:1,/ ~
~/ ~//'.(,(A- - f----
Eve~ubanks
Recording Secretary
(Five Tapes)
33
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
NOVEMBER 6, 1996
4. Proposed Resolution No. R96-162 Re: Authorize execution of
agreement between the City of Boynton Beach and Palm Beach
County for the use and benefit of its Community Development Block
Grant Program
5. Proposed Resolution No. R96-163 Re: Authorize execution of Core
Grant Agreement between the City of Boynton Beach and Palm Beach
County
6. Proposed Resolution No. R96-164 Re: Abandonment for Flowers
Bakery Warehouse - Quantum Park
7. Proposed Resolution No. R96-165 Re: Acceptance of Final Plat for
Cracker Barrel Old Country Store
8. Proposed Resolution No. R96-166 Re: Authorize execution of
Memorandum of Agreement between the State of Florida, Department
of Health and Rehabilitative Services, Palm Beach County Public'
Health Unit and the City of Boynton Beach for the purpose of providing
necessary immunizations to all children throughout Palm Beach
County
D. Approval of Bills
A copy of the bills is attached to the original copy of these minutes on file in the City Clerk's
Office.
E. Authorization to proceed with actuarial study for Self Insurance Fund
by Ernst & Young
According to the Assistant to the City Manager's agenda memorandum, this year's
actuarial review will involve the determination of and estimate of the ultimate value of
losses and loss adjustment expenses incurred by the City as of September 30, 1996 for
each of the City's self-insured coverages. Based upon these estimates of ultimate losses
and expenses, Ernst & Young will determine the required reserves. An actuarial report will
be issued that will satisfy GASB 10 documentation requirements. Staff recommended
approval of Ernst & Young LLP to conduct an actuarial study on the City's self-insured
coverages and determine reserve funding at a cost of $14,000, inclusive.
5
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 21, 1990
Mr. Chuck Capella, representative for the owner, noted his
company was not responsible for the banners. Once Mr.
Capella has the permit, he estimated the sign co~ld'probably
be fabricated and installed in about three wee~s.. Scott
Blasie, Administrator of Code Enforcement' stated:.the 30 day
clock on the violation had started about two weeks ago, so
they were. looking at another two weeks. The restaurant
woul~ be brought before the Code Enforcement Board during
the third week in September.
Mr. Jaeger explained the Sign Code does allow temporary
signage once they submit for a permit. They could be issued
a temporary' sign permit to allow the banners. The Mayor
thought businesses should be advised of that fact rather
than finding out from Code Enforcement. Mr. Jaeger indi-
cated they have told them that, however, they have to go
through the site plan approval process first before they
can submit for the permit. Once they submit for the permit,
they can submit for the temporary signage.
It was noted the Community Appearance Board and Planning &
Zoning Board had approved the sign. Johnnetta Broomfield,
Director of Community Improvement indicated the sign
complied with the downtown sign guidelines.
Vice Mayor Wische moved to approve the sign. Commissioner
Olenik seconded the motion for discussion purposes.
Cynthia Greenhouse, 618 N.E. 20th Lane, Boynton Beach stated
banner signs are presently prohibited. She made remarks
about the three draped banner signs and stated the
restaurant was requesting approval of a sign when they were
in violation. Mrs. Greenhouse thought the restaurant had
"thumbed its nose" at the City since being cited and she
explained.
Discussion took place regarding banner signs that some
tenants at the Winn Dixie shopping center had put up during
recent renovation and the fact that they had also been cited
by Code Enforcement. Mr. Blasie indicated all but one
tenant had removed the banners voluntarily. The remaini~g
case had been cited.
Mayor Moore called for a vote on the motion. The motion
carried 4-1. Commissioner Weiner voted against the motion.
5. Project:
Agent:
Owner:
Location:
Shoppes of Woolbright
Robert Gomez, Project Manager
Tradewinds Development Corp.
c/o Howard Scharlin
Woolbright Rd. at the L.W.D.D. E-4
11
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 21, 1990
In connection with the remaining pylon sign, Mr. Morton
explained the 150 sq_ ft. would consist of 72 sq. ft. for
the Home Depot portion, 38 sq. ft. for the Shoppes. of
Woolbright portion and 30 additional sq. ft. for two addi-
tional tenants to go on in the future~ Mr. Morton calcu-
lated even with the two additional tenants listed, there
would still.be 9'6" of clearance from the bottom of the sign
to the ground. Discussion took place regarding the ren-
dering which was before the Commission and Commissioner
Olenik noted' the rendering didn I t reflect what Mr. Morton
was proposing. Mr. Morton indicated that the rendering was
not up-to-the-minute as some of the decisions were made
after the CAB meeting which was held the prior evening.
Mr. Morton responded the sign configuration to be used would
be a compromise between the 50' sign and the 30' sign. You
would have The Home Depot, Shoppes of Woolbright and space
for additional tenants below it. There would be one sign
instead of two signs. Lengthy discussion ensued. It was
clarified that the wall sign on the west and south
elevations combined would total the 720 sq. ft. of signage.
Motion Regarding Sign Variances
In connection with the sign variances, Vice Mayor Wische
moved to approve the recommendations. Commissioner Artis
seconded the motion which carried 5-0.
Motion Regarding Site Plan Modification
Commissioner Olenik moved to approve the site plan modifica-
tion for the Shoppes of Woolbright. Vice Mayor Wisch~
seconded the motion which carried 5-0.
Mayor Moore called a brief recess at 7:40 P.M. The meeting
resumed at 7:50 P.M.
LEGAL
Ordinances - 2nd Reading - PUblic Hearing
1. Proposed Ordinance No. 90-17
Re: Height Referendum
City Attorney Cherof read proposed ord~nance No. 90-17 by
caption only:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA: SUBMITTING TO REFERENDUM AN
AMENDMENT TO APPENDIX A, SECTION 4.F.l (HEIGHT
LIMITATIONS AND EXCEPTIONS): PROVIDING FOR MAXIMUM
13
. ,.,,: """~\cl" <:*;'-l!ll ,..". ..__._
--." ~",~"""
CITY of
BOYNTON BEACH
"
it (lY""
@....;.,
;~-
100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach. Florida 33435-0310
1407' 734.8111
OFFICE OF THE PLANNING DIRECTOR
August 8, 1990
Kilday & Associates
Attn: Ms. Collene Parker
1551 Forum Place, Bldg. 100A
West Palm Beach, Fl 33401
RE: Shoppes of Woolbright - Rezoning (Settlement) - File No. 472
Dear Ms. Parker:
Please be advised that on Tuesday, July 17, 1990, the City
Commission approved the rezoning of the property generally
located at the intersection of Woolbright Road and S.W. 8th
Street from PUD LUI 5.0 (Planned Unit Development) to PCD
(Planned Commercial Development). A copy of Ordinance No. 90-20
is enclosed for your information.
If you have any questions concerning this matter, please do not
hesitate to contact me.
~
Very truly yours,
CITY OF BOYNTON BEACH
/7,j~~,,\
J-j
JAMES J. GOLDEl-!
Interim Planning
Director
JJG:frb
Enc
cc: Central File
C:ShW1Rez
23
24
25
26
27
28
29
30
31
32
33
34
ORDINANCE NO. 90-~O
1
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO 80-19 OF SAID CITY
BY REZONING A CERTAIN PARCEL OF LAND
WITHIN THE CITY OF BOYNTON BEACH,
FLORIDA FROM PUD LUI 5.0 (PLANNED UNIT
DEVELOPMENT) TO PCD (PLANNED COMMERCIAL
DEVELOPMENT) SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED HEREIN: AMENDING
THE REVISED ZONING MAP ACCORDINGLY:
PROVIDING A CONFLICTS CLAUSE: PROVIDING
A SEVERABILITY CLAUSE: PROVIDING AN
EFFECTIVE DATE: AND FOR OTHER PURPOSES.
2
3
4
5
6
7
8
9
WHEREAS, the City Commission of the city of Boynton Beach,
10
Florida, has heretofore adopted Ordinance No. 80-19, in which a
11
Revised Zoning Map was adopted for said City: and
12
WHEREAS,
& ASSOCIATES,
agent
for TRADEWINDS
KILDAY
13
DEVELOPMENT CORPORATION, property owner, has heretofore filed a
Petition with the City of Boynton Beach, Florida, pursuant to
14
15
Section 9 of Appendix A-Zoning, of the Code of Ordinances, City
16
of Boynton Beach, Florida, for the purpose of rezoning a certain
17
parcel of land consisting of approximately 5.1871 acres located
18
within the municipal limits of said city, said property being
19
more particularly described hereinafter, from PUD LUI 5.0
20
(Planned
unit
PCD
(Planned
Commercial
Development)
to
21
Development): and
22
WHEREAS, Ordinance 89-38, which is the Comprehensive Plan
for the City of Boynton Beach, shows the property in the Local
Retail Commercial land use category, and section 163.3202(1),
Florida Statutes, requires that the City's land development
regulations be amended in order to bring these regulations into
compliance with the Comprehensive Plan: and
WHEREAS, the City Commission has heretofore entered into a
stipulation and Settlement Agreement in Palm Beach Circuit Court,
which requires in part rezoning of the property: and
WHEREAS, the city commission deems it in the best interests
of the inhabitants of said City to amend the aforesaid Revised
Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
section 1:
The following described land, located in the
1
City of Boynton Beach, Florida, to-wit:
2
See Exhibit "A"
3
be and the same is hereby rezoned PCD (Planned Commercial
4
Development).
5
section 2:
That the aforesaid Revised Zoning Map of the
6
City shall be amended accordingly.
7
section 3:
All ordinances or parts of ordinances in
8
conflict herewith are hereby repealed.
9
section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 5:
Ordinance
become
effective
This
shall
immediately upon passage.
FIRST READING this ~rd.. day of
~
~~V
, 1990.
SECOND,
~
VaLf/
and PASSAGE this
/7dday
of
FINAL READING
, 1990.
/'
/--- /
CI~;iTON
EACH, FLORIDA
j/
Mayor
--?f( / u/
V1ce Mayor
,..__---'"Ji;' .
".
~GQ~
Commiss1oner
- .
, /'--...
tJ /J I ('j .
J-'C./.-/1.--., ~J r,_.... ,./~ ./'--(.-0,
missioner
.i. .
.of; /.-/", lL~"- !>,<~r.~_--7 .,--,'...
commissioner
ATTEST:
~~~
CITY CLE K
(CORPORATE SEAL)
32
33 P\B
ORDINAN3
34
....-:::: .
-
- -. ..... -~-"'.-.. w ~_
DESCRIPTION:
A parcel bf land; situate in section 29, Township 45 South, Range 43 ~ast, Palm Beach County,
Florida, more particularly described as follows:
COHHENCING at the Southeast corner of said Section 29~ thence N. 01034' 16" \'1. along the East
line of said Section 29, a distance of 1080.64 feet to the POINT OF BEGINNING~ thence S. 880 26'
13' W., a distance of 193.31 feet to a point of curvature: thence Westerly along the arc of a
circular curve to the right having a radius of 1,000.00 feet, a central angle of 100 42' 03", an
arc length of 186.77 feet to a point of reverse curvature: then~e continue Westerly along the arc
of a circular curve to the left having a radius of 1000.00 feet, a central angle of 100 42' 03",
an arc length of 186.77 feet to a point of tangency: thence S. 860 26' 13" W., a distance of
550.21 feet to a point on curve: thence Northwesterly along the arc of a circular curve to the
left whose radius point bears S. 710 00' 14" W. having a radius of 1851.74 feet, a central angle
of OD 12' 51", an arc distance of 6.92 feet to a ooint of reverse curvature; thence continue
Northwesterly along the arc of a circular curve to the right having a radius of 1438.26 feet, a
central angle of 50 57' 04", an arc distance of 149.39 feet; thence N. 370 35' 20" E., a distance
of 46.53 feet: thence N. 880 26' 13" E., a distance of 1125.37 feet to a point of intersection
with the East line of said Section 29; thence S. 010 34' 16" E. along said East line, a distance
of 221.91 feet to the POINT OF BEGINNING.
said lands situate in the City of Boynton Beach, Palm Beach County, Florida.
Containing 5.1871 Acres, more or less.
Subject to Easements, Restrictions, Reservations, Covenants, and Rights-of-way of Record.
E><lllsrr A
tO~. 90 -.;{C)
.
LOCATION MAP
. -
SHOPPES OF WOOLBRIGHT
..JO"":~
3
REC
'0
1/8
1/4
MILES
10400. '800
1600 FEgT '
P~A^,IIIINI: f)E!Pr. U/S, '. j
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
30
"
", Cl J. ... 00\
fdP ,
ORDINANCE NO. 90-~~
1
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO 80-19 OF SAID CITY
BY REZONING A CERTAIN PARCEL OF LAND
WITHIN THE CITY OF BOYNTON BEACH,
FLORIDA FROM pun LUI 5. 0 (PLANNED UNIT
DEVELOPMENT) TO PCD (PLANNED COMMERCIAL
DEVELOPMENT) SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
THE REVISED ZONING MAP ACCORDINGLY;
PROVIDING A CONFLICTS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
2
3
4
5
6
7
8
9
WHEREAS, the city commission of the city of Boynton Beach,
Florida, has heretofore adopted Ordinance No. 80-19, in which a
Revised Zoning Map was adopted for said City; and
WHEREAS,
agent
for TRADEWINDS
KILDAY
& ASSOCIATES,
DEVELOPMENT CORPORATION, property owner, has heretofore filed a
Petition with the City of Boynton Beach, Florida, pursuant to
section 9 of Appendix A-Zoning, of the Code of Ordinances, City
of Boynton Beach, Florida, for the purpose of rezoning a certain
parcel of land consisting of approximately 5.1871 acres located
within the municipal limits of said Cit~, said property being
more particularly described hereinafter, from PUD LUI 5.0
(Planned
Unit
PCD
(Planned
Commercial
Development)
to
Development); and
WHEREAS, Ordinance 89-38, which is the Comprehensive Plan
for the city of Boynton Beach, shows the property in the Local
Retail Commercial land use category, and section 163.3202 (1) ,
Florida Statutes, requires that the City'S land development
regulations be amended in order to bring these regulations into
compliance with the Comprehensive Plan; and
WHEREAS, the City commission has heretofore entered into a
29
Stipulation and Settlement Agreement in Palm Beach Circuit Court,
which requires in part rezoning of the property: and
31
WHEREAS, the city commission deems it in the best interests
32
3)
of the inhabitants of said City to amend the aforesaid Revised
Zoning Mop as hereinafter set forth.
34
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Section 1:
The following described land, located in the
1
City of Boynton Beach, Florida, to-wit:
2
See Exhibit "A"
3
be and the same is hereby rezoned PCD (Planned Commercial
4
Development).
5
Section 2:
That the aforesaid Revised Zoning Map of the
6
City shall be amended accordingly.
7
Section 3:
All ordinances or parts of ordinances in
8
9
conflict herewith are hereby repealed.
Section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinanc~.
Section 5:
This
Ordinance
become
effective
shall
immediately upon passage.
FIRST READING this ~rd.. day of
--.---
~aL.V
, 1990.
SECOND,
-----
VaL'/ '
/7rA"day
of
and PASSAGE this
FINAL READING
.-
, 1990.
/"" /
/., /
CI~;TON
EACH, FLORIDA
f/
Mayor
'~~"/(//'
vice Mayor
.... ....-"'.-,:,'
r
\
~Q)~k.S}.
Commiss~oner
. .
/-
f' .
i. .._.L~ ..,f{-<J,
I
,ift/I, I 'L~~ (I ,/.~t./,--, ~--':....
Commissioner
ATTEST:
~~~
CITY CLE
(CORPORATE SEAL)
32
33 P\B
ORDINAN3
34
~
DESCRIPTION:
A parcel hf lan~ situate in s~ction 29, Township 45 South, Range 43 East, Palm Deneh county,
Florida, more particularly described as follows:
comlENCING at the Southeast corner of said Section 29; thence tl. 010 34' 16" \'1. .:Ilong the East
line of said section 29, a distance of 1080.64 feet to the POINT OF DEGINNING; thence S. oao 26'
13' W., a distance of 193.31 feet to a point of curvature; thence Westerly along the arc of a
circular curve to the right having a radiun of 1,000.00 f~et, a crntra1 angle of 100 42' 03", an
arc length of 18G.77 feet to a point of reverse curvature; thcn6c continue Westerly along tIle arc
of a circular curve to the left having a radius of 1000.00 feet, a central angle of 100 42' 03",
an arc length of 186.77 feet to a point of tangencYI thence S. B60 26' 13" W., a distance of
550.21 feet to a point on curve; thence Northwesterly along the arc of a circular curve to the
left whose radius point bears S. 710 00' 14" W. having a radius of 1851.74 feet, a central angle
of 00 12' 51", an arc distance of 6.92 feet to a point of reverse curvature; thence continue
Northwesterly along the arc of a circular curve to the right having a radius of 1438.26 feet, a
central angle of 50 57' 04", an arc distance of 149.39 feetl thence N. 370 35' 20" E., a distance
of 46.53 feetl thence N. 880 26' 13" E., a distance of 1125.37 feet to a point of intersection
with the East line of said Section 29; thence S. 010 34' 16" E. along said East line, a distance
of 221.91 feet to the POINT OF BEGINNING.
Said lands situate in the City of Boynton Beach, Palm Beach County, Florida.
Containing 5.1871 Acres, more or less.
subject to Easements, Restrictions, Reservations, Covenants, and Rights-of-Way of Record.
E)(III arr A
to"a;. 90 -~CJ
,.
r' lI~ Cl(." ~
I;
, :
, I
! \
! j
, ,
ORDINANCE NO. 89-39
':
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AlYlENDING ORDINANCE NO. 80-19 OF SAID
CITY PURSUANT TO AN ORDER OF THE CIRCUIT
COURT OF THE FIFTEENTH JUDICIAL CIRCU):T
BY REZONING SEVERAL PARCELS OF LAND
WITHIN THE CITY OF BOYNTON BEACH,
FLORIDA, FROM R-1A (SINGLE-FAMILY
RESIDENTIAL), R-3 (MULTIPLE-FAMILY
DWELLING) AND C-2 (NEIGHBORHOOD
COMMERCIAL) TO PLANNED COMMERCIAL
DEVELOPMENT; PROVIDING FOR ADDITIONAL
SQUARE FOOTAGE OF COMMERCIAL
DEVELOPMENT; SAID PARCELS BEING MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
THE REVISED ZONING MAP ACCORDINGLY;
PROVIDING THAT ALL DEVELOPMENT OF SAID
PROPERTY SHALL PROCEED IN STRICT
COMPLIANCE WITH THE DEVELOPMENT PLANS AS
SUBMITTED AND APPROVED AND ALL
APPLICABLE ORDINANCES OF THE CITY OF
BOYNTON BEACH, FLORIDA; PROVIDING A
CONFLICTS CLAUSE; A SEVERABILITY CLAUSE,
AND AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, has heretofore adopted Ordinance No. 80-19
in which a Revised Zoning Map was adopted for said City; and
WHEREAS, Kieran J. Kilday, as agent for the applicant,
Tradewinds Development Corp., d/b/a TRADEWINDS GROUP, and
the owners of the subject parcels, has heretofore filed a
: i
Petition with the City of Boynton Beach, Florida pursuant to
Section 9 of Appendix A-Zoning of the Code of Ordinances,
City of Boynton Beach, Florida for the purpose of rezoning
certain parcels of land consisting of approximately 28.8455
acres (t) located within the municipal limits of said City,
said property being more particularly described hereinafter,
\ ) from R-1A (Single Family Residential District) , R-3
''\..;
'\:j
,"'-
"--'
J ,\1'
, 'J
\
(Multiple-Family Dwelling District) and C-2 (Neighborhood
Commercial District) to Planned Commercial Development;
WHEREAS, the City commission entered into a Stipulation
and Settlement Agreement which was approved by Judge
1
II
II
Rudnick's Order Approving Settlement Agreement on November
6, 1986, and subject to a further Order by Judge Rudnick on
January 27; 1987, and subject also to a Mandate and Opinion
---t'
from the Fourth District Court of Appeal on July 22, 1988,
which affirmed the trial court's Orders, and subject also to
Judge Rodger's Order Granting Tradewinds Motion for Contempt
on October 21, 1988, and lastly, subject to the Fourth
District Court of Appeals Per Curiam Affirmation of Judge
Rodger's Contempt Order on June 7, 1989, copies of which are
all attached hereto, and the City Commission is, therefore,
being required to comply with the aforesaid Stipulation and
Settlement Agreement.
WHEREAS, the Circuit Court for the 15th Judicial
Circuit on the 31st day of October, 1989, issued an order
amending the City's 1986 Comprehensive Plan in conformance
with the above mentioned Stipulation and Settlement
i
Agreement.
Said
being
attached
and
hereto
Order
incorporated herein,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF TBB CITY OF BOYNTON BEACH, FLORIDA:
Section 1.
That the following described land,
located in the City of Boynton Beach, Florida, to wit:
See attached Exhibit "A"
be and the same is hereby rezoned from R-1A (Single-Family
Residential
District)
R-3
(Multiple-Family
Dwelling
District), and C-2 (Neighborhood Commercial District) to
Planned Commercial Development, which use is determined to
be appropriate under the circumstances agreed upon by the
,
'I
I
City in said Stipulation and Settlement Agreement and in
conformity with the Comprehensive Plan of the City of
Boynton Beach, Florida.
Section 2.
That the aforesaid Revised Zoning Map of
the City shall be amended accordingly.
2
Section 3.
That the application of the owners and
agents of the subject property for rezoning is hereby
granted for the purpose of permitting the development of
,
--t .
said land as a Planned Commercial Development (PCD)
specifically
in
accordance
with
aforementioned
the
Stipulation and Settlement Agreement and Court Orders in
Case No. 86-3661 (CL)A, all which respectively enforced the
Stipulation and Settlement Agreement and found this City in
contempt of court.
Except as provided herein, the Applicant shall proceed
to file site plans of any part or all of the PCD for review
by the appropriate departments of the City government in
accordance with the Ordinances of the City of Boynton Beach,
and the site plans shall also be subj ect to review with
respect to subdivision, platting, building permitting, and
any or all applicable rules and regulations of any
governmental
entity
having
jurisdiction
land
over
development and building permitting within the City of
Boynton Beach.
Section 4.
Notwithstanding any other provisions of
this Ordinance, the applicant shall be permitted to
construct an additional 121,000 square feet of commercial
building area over and above that permitted by the
aforementioned Stipulation and Settlement Agreement.
This
additional square footage of commercial development shall
require off-site traffic improvements identified in the
. ,
. i
October 23, 1989, Barton-Aschman Associates, Inc., traffic
report, attached hereto and incorporated herein, subject to
final approval or modification of said reports' findings by
the City Commission on November 7, 1989.
Section 5.
That
of
all 'ordinances
or
parts
ordinances in conflict herewith be and the same are hereby
repealed.
3
Section 6.
Should any section or .t-'rovision of this
ordinance or portion hereof, any paragraph, sentence, or
I word be declared by a court of competent jurisdiction to be
invalid, or should any Section of this Ordinance not become
effective for any reason, such decision shall not affect the
remainder of this ordinance.
-,'
Section 7. Authority is hereby granted to codify said
ordinance.
Section 8.
This ordinance shall become effective
immediately upon passage.
FIRST READING this 17th day of October, 1989.
SECOND, FINAL READING and PASSAGE this :3/sT day of
d~ kv , 1989.
ATTEST:
c~/~
(Corporate Seal)
4
",..
EXHIBIT "A"
~ O(SCRI'TIO"~ T~ACT -I
.'.
A ,.OUIOH'or.IlOCKS 45. 50 AHO ~I Of LAU 10UlTOII [STAHS. HAl "
ACCOROI~G TO THE 'lAT TH[REOr AS ~ECORO[O III 'LAT IDOl 1" PAG[ 53 or THE
PUlllC R(COR05 or PAlH I(ACH COUNTY, flORIOA 'TO;[TH[l WITH A 'DATION Of
~(CTION 29, TOWNSHI' 4S SO~TH. RANCe 4) [Alti 'ALH BEACK COUNTT, fLORIDA.
MORE PAAIICULAALY D(SCRIIEO AS fOLLQWS. . ' ': .
<OH"(II(I"G AT THE SOUTHEAST COAH[R Of SAID S[CTION Zt. TN~"C[ S. .a- OZ'
11- w.. ALONG THE SOUTH ll-[ THEREOf. A DISTANCE Of 11'1.11 f[(T. TH[NC[ II.
01. )J' 4}' W., A DISTANCE Of 12S.94 F[[T TO All IIIT[RSECTIOIl WllW TH( 1I0RTH
LIN( Of THAT 70.00 fOOT ORAINAG[ 'I;HT-OF-WAY, AS SHOWN OM THAT rlORIOA
DEPARTHEIlT or TRANSPOATATION AIGHT-Of-WAY HAP or 1-95 (WOOL.RIGHT A~(_U()
JO' kO. 9)220-2411. SH([T 27 AHO THE POINT Of '(GINNI~G Of I"IS
O[SCRI,TION; TH(HCE CONTINUE H. 01. ))' 41- W., SAID LINE 1[111' fUlTHER
OESCAII(O AS ao.oo fE(T WEST Of Alia PARALLEL WITH, rHE EAST LINI Of LOI
14. SlOCK ~I Of SAID LAKE BO'1I1011 (STAT[S 'LAT " A DISTANCE Of 442.SS f[ET
TO A POINI or IIIT[RSECTION WITH THE NORTH LINE OF SAID BLOCK 50. THENCE
NOATHW€STEAlY ALONe THE AAC OF A CURVE TO THE LEFT HAYIIlG A IADTUS OF
17S0.00 f(Er, A CEIITRAL ANGLE Of ... 19"]4~..Ait-~", DiStANCE 351.0) f[[T.
TH[IICr S. U. 26' I)- W., A DIST~IlC['O[~eJ.81 EET 10 A POIIIT Of
11iIT[IlHCJJON VUH THE EASTERLY RICHT-Of-WAY:."IMt-O'f.. ( LHE WORTH DRAIIIAGE
DIS11llCT CANAL E-4 AS D(SCRIBED IN QUIT~CLAJN 0[(0 To-LAK( WORtH DRAIIIAGE
0lS11llCT AND R[CORDEO IN OfFICIAL RECOlDS BOOK 2146, rACE 176, Of 1HE
rUSLIC RECORDS or PALH BEACH COUNTY, .,rLORIDA; THENCE S. 20- 54' 51- E..
ALONG SAID EAST RICHT-OF-WAY LINEO'A DISTANCE Of 650.68 FEET; THEII(( S. 00.
ZC' II- w. COHTlIlUIHG ALONG SAr EASf IUGHT-OF-VAY LIME. A DlStAIICE or
191.92 '(ET TO A POINT Of INTERS[CTION WITH SAID NORTH LINE Of WOOLIIIGHT
ROAO O~AIHACE RIGHT-Or-WAY; THENCE H. 8S.'45' 3Z. E., ALOIlG SAID NORTK
LIN(, A OlstAIICE OF )10.21 f(ET TO THE rOIHT Of BEGINNING.
SAID LANDS SITUATE IN BOYNTON lEACH. rALH I[ACH COUNTY, fLORIDA.
COIITA1HIIlG 7.0000 ACRES, HORE OR LESS.
(
LECAl OESCRIPTlON: MTRACT Z"
. A PORTIO" Of SECTION 29., TOWNSIlIP 45 SOUTH, RANGE 4] EAST, PALH BEACH
COUNTY. fLORIDA AND A PORTlal OF -LAKE BOYNTON ESTAT[S PLAT J", AS
RECORDED IH PLAT BOOK 13, PAGE 5] Of THE PUBLIC RECORDS Of PALH BEACH
COUNTY, fLORIDA, AND BEING HORE PARTICULARLY DESCRIBED AS fOLLOWS:
C 0 H HEN C I N GAT T If [ SOU TilE A S T COR rl E R 0 r S A IDS (c T I ell 2 9 . TOW N 5 HIP 4 S
SOUTH. RANGE 43 EAST; THENCE N. 01- ]4' 16" W., ALONG THE EAST LINE or
SAID SECTIDN 29. A DISTANCE or 730.64 fEET mn( SOUTHEAST CORNER Of
LOT 4, BLOCK 47 Of SAIO "LAKE BOYNTON ESTATES PLAT )" AND THt POINT
or BEGINNING Of THIS DESCRIPTION: THENCE S. 8S- 25' 44" W.. AlONG THE
SOUTH LINE THEREOf, A DISTANCE OF 50.00 HET; THENCE S. 010 ]4' 16" E.
ALONG THE EAST liNE OF lOT 2, BLOCK 47 AND LOT 5 BLOCK 48, A DISTANCE
Of 290.00 fEET TO THE SOUTHEAST CORNER Of SArD LOT 5; TIIENCE S. RS-
25' 44" W. ALONG THE SOUTH LINE Of SAID LOT 5, A DISTANCE Of 50.00
fEET; THENCE S. 01- 34' 16" E. ALONG THE EAST LINE or LOT I, BLOCK
4B AHD LOT 6, BLOCK 53. A DISTANCE OF 250.98 fEET TO AN IIHERSECTION
WITH THE NORTH LINE Of THAT 70.00 fOOT DRAINAGE RIGHT-Of-WAY AS SHOWN
ON THE fLORIDA DEPARTMENT Of TRANSPORTATlal RIGHT-Or-WAY HAP or 1-95
WOOLBRIGHT AVENUE) JOB NO. 93220-2411, SHEET NO. 27; THENCE S. 89" ~O'
2S- W., ALONG SAID NORTH RIGIlT-Or-WAY LINE A DISTANCE or 452.00 FEET;
THENCE S. 7,. ]1' 21" W. COIITIHUING ALONG SAID NORTtI. RIGHT-Or-WAY
LINE A DISTANCE Of ]86.16 fEET; THENCE S. 85.45' )2" ~,.. CONTINUING
ALONG SAID NORTH RIGHT-Of-WAY LINE. A DISTANCE OF 120.81 fEET~ THENCE
N. 01- ]3' 0" E. ALONG THE EAST L1I/E Of LOT 14, BLOCK 51 AND LOI 14,
23 BLOCK 50 or SAID "LAKE BOYNTON ESTATES PLAT )", A DISTANCE Of
438.81 fEET TO A POINT Of CURVAIURE AT HIE. NORTIIEAST CORNER or LOT 14
o f S A lOB L 0 C K 5 0 . TilE N C E NOR Ttl W EST[ R LV Ala N G TilE ARC 0 F A CUR V[ lOT H E
LEfT HAVI/IG A RADIUS OF 1830.00 FEET, A CENTRAL ANGLE OF 1]0 38' 50".
AN ARC DISTANCE Of 56].64 FEET; TIIENCE II. 8Sa 26' 1 ]"' E.. A DISTANCE
or 5 7 3 . 0 I f [[ T TO A PO I N T 0 f CUR V A I U R E ; T II UI C E ALa N G TlI EAR C 0 F A
CURVE TO THE RIGHT IIAVING A RADIUS OF 1000.00 nET, A CENTRAL ANGLE Of
10. 42' 04", AN ARC DISTANCE or 186.77 FEET 10 A POINT or REVERSE
CUR V A T U R [. 111 E N C E A LOll G THE ARC OF ^ CUR V E TO TilE LEfT 1111 V III GAR A DIU S
o' F I 0 0 0 . '0 0 fEET, A C [ N T R A LAN G LEO F I 0 . 4 2' 0 4 .. , A N ARC 0 I S I Arl CEO F
186.77 fEET TO A POINT OF TANGENCY; THENCE N. 8Sa 26' 13- E.. A
DISTANCE or 19].30 FEET TO A rOlllT OF INTERSECTION Willi THE EAST LItlE
or SAIO SECTION 29; IHENCE S. 01~ 34' 16" E. ALOIIG SAID EASI LINE A
DISTANCE OF 350.00 fEET TO THE POINT OF 8EGINNING.
SAID lANOS SITUATE IN BOYIITOII BEACH, PALH BEACH COUNTY, fLORIDA.
CONTAINING Z I.S~5S ACRES. HORE OR LESS..
'-..,
SUBJECT TO (A.';EH(NTS AriD R!GlffS-O>-\.IAY OF PECORu.
..~. .~ ~l"~!""",,~
-...~: ~'.~.~.~ ....~~-"-~~
---
IN THE CIRCUIT COURT OF THE
FIFTEENTH JT:JDICIAL CIRCUIT OF
FLORIDA, IN AND FOR PALM BEACH
COUNTY. CIVIL ACTION.
TRADEWINDS DEVELOPMENT CORP.,
a Florida corporation,
CASE NO. CL-86-3661 AE
Plaintiff,
vs.
THE CITY OF BOYNTON BEACH, a
Florida Municipality
"
/
'-~, '~-f"l"F.D'.
l>'~ ~ -...... ;
J..:..... .:'h~ .I ,. ~
QC\ 3,\) ~
erN AnOR~~~
Defendant
JOSEPH MOLINA and LAKE BOYNTON
ESTATES HOMEOWNERS ASSOCIATION,
INC. ,
-
Crossplaintiff,
-
vs.
TRADEWINDS DEVELOPMENT CORP.,
by its agent, KERAN J. KILDAY,
and THE CITY OF BOYNTON BEACH,
Crossdefendants.
/
r,
STIPULATION AND ORDER BETWEEN THE PARTIES REGARDING
COMPLIANCE WITH COURT ORDERS
DATED OCTOBER 21. 1988. AND JANUARY 27. 1987
The parties, TRADEWINDS DEVELOPMENT CORP. and CITY OF
BOYNTON BEACH (hereinafter TRADEWINDS and CITY respectively),
have entered into the following Stipulations relating to the
Court Orders dated October 21, 1988, and January 27, 1987, and
have agreed to the following, which the parties respectfully
request the Court to adopt and the Order which hereinafter
follows:
1. TRADEWINDS and CITY agree to fully comply with the Order
approving Stipulation and Settlement dated November 6, 1986
and Judge Rudnick's Order dated January 27, 1987.
"',
2. The parties recognize that the Department of Community
Affair's
(DCA)
review
of
amendments
to
the
1986
Comprehensive Plan would be advisory only.
3. In order to effectuate' compliance, the parties agree that
this Court amend the 1986 Comprehensive Plan of the City of
Boynton Beach ~ pro tunc so as to grandfather the
"Tradewinds Project" into the 1986 Comprehensive Plan. The
-
- -----
TRADEWINDS V. CITY OF BOYNTON BEACH
CASE NO.: 86-3661 (CL) AE
HTradewinds projectH will therefore be deemed vested as to
the Amended 1986 plan as set forth above, with all vested
rights (including but not limited to those impact fees and
traffic standards in effect as of November 6, 1986) as
'-~
contemplated in the original Order approving settlement
dated November 6, 1986.
4. The CITY shall continue to proceed with due diligence to
rezone the PCD, and the City shall amend its 1989
Comprehensive plan on final adoption so as to make the
language in that plan at least consistent with the 1986
Comprehensive Plan as amended by this Court.
October 31 . .1989
Dated
ROBERT D.
SLAWSON
Suite 30
712 U. S. Highway One
North Palm Beach, FL 33408
Attorneys for
THE CITY OF BOYNTON BEACH
F. RTIN
1665 Palm Beach
suite 1000
West Palm Beach, FL 33401
Attorneys for
TRADEWINDS DEVELOPMENT CORP.
AND
STEPHEN N. ZACK, ESQUIRE
ROBERT C. LEVINE, ESQUIRE
Courthouse Center - 26th Floor
175 N.W. First Avenue
Miami, FL 33128-1817
Attorneys for
TRADEWINDS DEVELOPMENT CORP.
ORDER ON STIPULATION
THIS CASE came before the Court on the above stipulation
dated October
, 1989, and having heard argument of counsel and
being fully advised, it is hereby ORDER and ADJUDGED as follows:
1. The Stipulation is hereby adopted and incorporated into this
Order in its entirety.
2
TRADEWINDS V. CITY OF BOYNTON BEACH
CASE NO.: 86-3661 (CL) AE
2. The 1986 comprehensive Plan of the CITY OF BOYNTON BEACH is
hereby amended as of November 6, 1986 ~,pro tunc so as to
include and grandfather in the TRADEWINDS Project. The
TRADEWINDS Project is deemed to be fully vested as of
,,~
November 6, 1986 with all rights as of November 6, 1986,
including, but not limited to, those impact fees and traffic
standards applicable on November 6, 1986, so as to comply
with the Order approving settlement dated November 6, 1986.
3. The parties are directed to comply with all terms and
conditions set forth in this Stipulation and adopted into
this Order and set forth in prior orders and stipulations,
except for any DCA re~iew.
4. The Court retains jurisdiction of this cause for such
further orders as may be required.
this
DONE and ORDERED in chambers in West Palm Beach, Florida
,
day of
. , 1989.
i
.,0 .. 'OJ' "
~'t~~"';' " , ,
':, r
C RCUt10Yl?B~~".'I'\ '" r, '
l'
t
"-..
3
TRADEWINDS V. CITY OF BOYNTON BEACH
CASE NO.: 86-3661 (CL) AE
SERVICE LIST
Tradewinds v. city of Boynton Beach
Case No. 86-3661 (CL) A
,,,
Raymond Rea, Esq., city Atty.
city of Boynton Beach
P. O. Box 310
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
Stephen N. Zack, Esq.
Robert C. Levine, Esq.
CourtHouse Center - 26th Floor
175 N.W. First Avenue
Miami, FL '33128-1817
F. Martin Perry, Esq.
1665 Palm Beach Lakes Blvd.
suite 1.000
West Palm Beach, FL 33401.
0",
John Beranek, Esq.
501 South Flagler Drive, suite 503
West Palm Beach, FL 33401
Terrell K. Arline, Esq.
Prosperity Gardens - suite 204
11380 Prosperity Farms Road
Palm Beach Gardens, FL 33410
Joe Reiter, Esquire
Northbridge Centre - 10th Floor
515 N. Flagler Drive
West Palm Beach, FL 33401
':1". n1 ; cA.o..d 'ic3 VfZh*1f1t/ ( ~O
7f7...US /olvJl *.1-
~,'k 300
JJ Ph, 1-<. 3~<{O~
"
4
-.....
..~,
" .'
! N T H~ L-! _-::___.,.., _ LUUH r UI- 111l.
!~TH JUDICIAL .clkCUl r, IN IIN'}
FOR ~'ALM EtEAC :UUNTY, f-LUHJljJ~
.1 '
CASE NO: B~-3bbl (CL) A
,
;,
~LURIDA bAR NO: 00541~
TR~U~WINOS OEVELUPM~NT~
COfH,'uHHTI0N, b"y 1tS ~g.r,t,
Kt::AAN J. KILDAY,
P 1 ~ i rlt i t. t t
.. ..
,,~;
THE CITy OF BOYNTON DEACH,
Derer,d.ar.t.
-----------------------------
I
srIPULATION AND SETTLEMENT AGREEMENT
TRAOEWINOS DEV~LOPMENT CORPORATION .nd THE CITY OF
EtOt'NIUN Ecl:':ACH,
by and through their under.igned .attorneys. After
set.t l.,..,..r.t Approv~l by the City C.:;.unct 1 0' lHI! CITY OF DOYN'rON
. .
a;tt::ACH, hli,'.by .tlp'.llate ar.d .g,.... .. 'ollow.I
1.
TRADEWINOS DEVELOPMENT. CORPOHATION,
(her.1 n.ft ..-
(--..,
,'Qfe",'.d to .. "TRADEWINDSIt) i. the d.v.lop.'- .:.,. p.,-csl .:."
pr.:.pe,'t y 1.:.c.ted in thD ~ i ty"of Boynton Be.ch, Fle,rid.a.
-.
..:..
In
.J .n.J....y.
1986,
TRADEWINDS .ubNitted An
~ppl1C~L1Qn to the CITY OF ~OVNTON &EACH (her.ln.ft.r referred to
~s the "ClTY") to r_:one . p.rc.l 0' property frOM R-1A
(slr.gID
f .,.11 1 'I ....1 d.nt l.al )
.and R-3 (Multi-faMily r.Giden~i.l)
t.:. &\
Pl~~ne~ Unit D.v.lopM.nt.
This application and property .h~11 be
,'vf.",'ed t.:. he"Vlr. .. the "Woolbright Plac. P. U. D. It.
3.
On Ma,"ch 18,
1 90G,
the CITY d.ni.d TRAD~WINDS
.i\ppllC'C\tl.:.r. t.:. ,'e:c.r.8 the "W,:,olb,"ight Place P.U.D....
4. As a result of the City'. d.nial, TAAOEWINU~ flied
~ C.:,rllpl~lr.t f.:.,' W"lt ,:.f Ce,..tlc..-ari agair.st the CITY .:.n Ap.-iI 1'/,
13SC wh1Ch is the subject Matter of this stipulation.
5. lr. addltlc.r., ':'1". April 1, 1986, TRAOEWINDS ...,brllittttO
-',.. -'Ppllc~t l.:,n t.,:, \;h. CITY t.:. rez.:)ne a p..-c.l 'Jf prop....ty f,'.:.,.l H-
lA
I ~ 1 r.1] 1 a f "'''1'' I Y ,. II" 1 d L' r, t 1 a 1 ) ,
R-3 (Mult~-f~Mlly r..ld.ntlbl}
~"'.':1 l..-':"
(r.e llJl"lb-:.,.t-..;..;.d C.;.I..hlC.'C 1.&1)
t .:. ... PI a.....r..d
C,:"M.,~ r'C 1'" 1
Deve l':'~rllerlt
(P.C.D.>.
ThIS P"':'Pil,.ty ar.d appllcatl.:.r. .-hall bU
,'cf.?r".(.',J t.:. as th~ "L..J,'.:db"lght C~r,te,' J:'.C.D. tI.
EXHIBIT "A"
. .
b. \ 'By
thlS
~q..'1..J 1 1 C -' t 'C'",,
.)
THHOEWINu~ Alt..j fa':".lght
..'\
ChcH.ljL' H' the Clty'S c':""rJl"E.'I1~""..;dvtt larld '.u.e pl<in.
7. Thtt W,:..:.lb'-1f~rlt Ce,..tvl"" P. C.U. appl.lcat le,n Pt-ogt-essed
,
,',
( th"':".1.g11 thv Plar'r'.lr'Q arid l.:.,.lng Con""i..loml I1r,d the voAl""io'Ja b'j.lt-tJ
'"
C.;:.,..sldlPrat 1';:'r". nItCWS5.'-y '.Ir'ld.1"" the City'.
ol""d i r,a,..,ce.
Thv
.....
WQolbrlght Center P.C.D. <ippl1cation wa. eventYAlly .chedYled f~r
'l,.,ill c.:.,.,siderAt1':'r" baof,:.,-e the City Co"tncil c.n July llt,- 1'386.
8. At the c'-:'r',cl'J5i.;:.r, .:.f the heAring .;:.n o1e..ily 14. I'JGb,
.
the, C1ty Council voted to postpone and table consideration of the
W.:..:olb'-lght Car,ter- P.C.O. ..pplic..tion u...,tll the litigation of the
~
W.:..:o1 b'-l ght ~'l.ac. ~'. U. D. .ppllC.t ion wa. terMlr,atwd.
~. Substtquttnt thel""eto, on Septemb.r 3, 1~a&t th. C~ty
.o.)~ctud a cOMprehensive settle",ent off.r ",.de by TRAOEWINDS to
th.. City.
TRAOEWINDS tre.ted th. rejection of it. .ettl.Mun~
.:ofter- by the City Cc.",r,cil .. a Cieni.l 0' the Woolbright Cent.r'
'.
P.C.D. applicatlon and o~ Septtt",ber 19, 1~8S, TRADEWINDS filed an
~dd1tl~~.1 Wr1t o~ Certior,ri in 'hi. action to include th~
de~l~l Qf th. Woolbrioht Center p.e.D.
appl icat ion.
an ac t .:.ber.
7,
1 ':i8c.,
the CITY again con~id.red the P.C.D.
.ppl u:at io.... ,a,..d
"
vot~~ 3 to a to deny it.
1':1.
Subseq'...r.t
t he,-.to,
on October 20,
1 ':itJc.,
TRHOEWINOS,
by
and
tht.o'Jgh
it.
.. t t o,.,....y,
.ubr.,i tted .
.a
Cc.,.lpr-.her,s i v. ..t, l.,.,.r.t
propo..l to the city .ettl1ng .11
',I. t t 9r05
ln controversy and litigation betw..n the City and
T RAOEW I NOS.
Th. settleMent propo.al w.. contained in. letter
d~ted AugYst 20.
19a~ fro", F.
Mart in Perry,
. t t or.r.ey f .:-r"
TRA0CWINDS DEVELOPMENT .CORPORATION.
to Kirk Friedland.
6peCla.1
C1ty ~ttor~ey to THE CITY OF BOVNTON BEACH.
A copy of s.ald
J..t.t..,- il1':'r'.g "Hth the e,..cl.;..urw. th.ratc. is .attachwd her-etc. ~
El'Chll.nt "An a"Id IS speclf1cally incor-p'Jrated her-Sir. by ,-.fer-e...'cu.
11. 0,.. .:.r. oi\b,=.ut Oct.:.~.,.. ~1, 1'3S6, the City Council.;."
THE ClfV OF BOYNTON &EACH held a regularly schedYled Meeting at
....h 1 ch t 1 ,.,,~ 1 t C.:.,.. 5 1 de,oed t he Get t l.",ent prr..p.:.s.a,l.
1 :.
-.
Ht
th",t;
t 1',le,
a M~tion w.aS Made to accapt
tha
{
'=.ettJ€-h,(,>,..\ p"r.'p':'~al ..~s ~L'l f.:.,oth ,,., the Oc:tt:.be,o 2':',
1'3&(';,
1 c. t t ("!I"
~ 1.:. f.U wit 11 t h It ~ d I,j 1 t I ....,.".d "vet'.. It'e'''.r'.t t h..' t t ht.' t w'~. ':".1 t - p_ r'C~ 1 ~ ufo:
l".cl'l(~ed ,,., the.- W.:..:.lbl'I!Jltl Ll.a"tu," ~'.C.D. A\,..d th.)t thvy b~ llhlJtE'tJ
C:
.4r-
, J
. , f.:.,. '.'S. by a bar,.. , ., g
lnatltutlon a~d a ~y~llty ait
d.:..... "
r~ est 0) 'J ,~ . y, t .
F'Jt~the'., the 'J~e of the o'.at p.,'ct.' Iii t.:.,.. . fa.t t.:..:"j
re.taur.nt wlth drlv~-ln windows wa. VKprv5aly
,.,
pt.O:.h 1 b 1 t ed .
.
A t""I",SC"lpt .:.f thft
p.rt of the me.tlny dealing with thu
.~
a. t t le,.,.r.t
p,'op-:..al
I . . t t a c h e d her. t 0 as r:. M h I bit " 8" .. rId
Iii
specif'lc.lly lnco,'p.:.rated het"ean by ref.r.nce.
13.
The
City Council by a 3 to ~ vote
'I.
acc.pt.d
thr
set t 1 er,upr.t
propo.al as ~at forth in the pctober 20,
1'386 lett.r'
f"':'II' TkAOEWIND~ .alor.g with the addition.l .'vquu"e",ents th.t th~
two out-parcels be includ.d in the P.C.D.
.r'ld that
they bE'
I H.ll t "d
for u.. by a banking in.tltution and a qu.li~y sit dow~
...s t ~ 'J " .r,t.
Further, tho use of the out parcel. for .. 'Ast food
.
,'v~taur.nt with drive-in window. wa. .xpre..ly prohibited.
14.
The Motion by the City Council to acc.pt
th..
,.eto t I e",.r.t
p.,.:.p.:.~.l
a~onQ wi~h the additional
....q U 1....'.'.... t .
concerning the two out-par~el. wa. in ....nc. a count.roff.r of
sat t 1 It'll.''lt.
The terMS of .aid C'ount~roff.~ w.re .xpre..ly agreed
to and accepted by TRAO~WINDS~through ~t5 coun581 at the October
'::1, l':1ae. ,.u.eti~.gila evidenc'itd by the transcript of .Aid ....ctti....g..
1 :i.
As SUCh, TAADEWINDS and the CITY her.by accept and
"
li'g,'.e to the t....ra'. o:.t the letter dated Oc1:obe,.. :::0,
1 906 f....orn F..
I"~'r.t I'" I=.ltr,'y to Kirk F'''ledland,
attach.d hereto 4G EMhibit
itA",
a~ aMended by the Motion.
le.. TRADEWINDS a",d the CITY h.....by accept and app'''ov"
the Master pl.~ .tt.ach.d to the above ....f.rr.d
let t .... Ar.d
ide~tified .5 th.1: certain ma.t..... plan pr.p.....d by Kild.y and
A~50Cl.tvS b.arin~ dr.~ing numb..... 8~-34,
1..t r.vis.d on October
1'3, 138E.,
17. TRAOEWINDS shall b. required and agre.s to lnclyde
'"",
11"1 th~ W,:,,:'lb"lHht Ce~,te'. S:;:'.C.D. the tw.;) out-pat'cels .r.d t.:. lir.'lt
th&l" '.'~e f.:.,' a b.ar."lr,y i~.atitutic.rl ar.d A Sit d.:'wn ql...l1ty
,..... t .:,\IJ"..,.,t.
I: I.U' t hCu',
th~ us. of the out p.rcdl. for a t~~t f~~d
,.'"'!.t"".,".ar't wlth d"lVE"" 1,., wlrld.:.,ws ia h.u'.by e)Cp".,.sly p,'o:.hlbltecl.
18.
F.:.,' p..It'p';''.Jt1S .:.f c:l.a"lflc~tltJr. .:lr'.cJ c.;.r,VEU',le",ct.., t.he
(
\
te.',,'... set f.:.,.th 1,.. thE' Oct.:.be,' .::';',
1 '30t. 1 et t e,' f "'';'Ir.. F .
M~".t 1 r.
~'(""'Y t..:. "'d,'I. 1:"'lt.-'dl..,r.cl, ..,r,ll o:\C),.tPed t,:. he"VI!"., ""'e a~ f.:,ll.:.wc;.:
3
\
.
.
~.
,.. ......L L"~ I Lli r
~'LHL:E.. ~'. l.J. tJ. :
,hw "'.':oo\.L".
pl..H.
~t t ~C':'hC'lJ tH:-n:~.t.:. ..H',d Clpp,'.:.vetJ by the pa,.t leSi "et 4ect.:
1 . A t .:.t C\ 1 .:. t 52(. dwe III r,g un it.!i 1 oca t ed .:.-r.
as.2d7E. .c,'.s which eqpates t'J. g....o.. density..:,f 6.01) dWllllir"Q
(
ur,l t 90 pe'- .acr...
z. A det.ch.d ~ing1. family houaing t.....ct
conslstlng of 70 single faMily dw.lling units,
.. s.nd pi 1'1.
.
..
p,'esC?,'vat 1.:....' a,'aa ar,d a 3. 76 acr.. e'p.n apAc./pas. i v. .....Ct....t i.:.n
.,"hi w,.apped .'-':".ll"'ld that p.:.,.t ion of LaJl.. ..Boynt,:>n E.tates wh lch
b.:.,-d er-s the rl.:".t h p,.r.:,p,U"t y 1 i rl. of T.....d.w i nd..
3. ~ 4.5 Acr. lak_, aingl. f.Mil~ hOM.., and
.. !Oar,d p 11"',. p,....,..v.t i ':'\"I ..,... a. ....1'1 .a a 50 foe,t be,"rn.d, fenced
b'.Ir"te,. ar..a b.t....en J:'.1,., a.ach L.i.IJ....vill. HOftl.S lYlng adJ.c.nt
t.:. the S. W.
8th St......t ....aght-of-....y and T....d.wind. propos.d
'.I 1"'. & t ~.
4. ]h. r.co~'iguration of S.W. 8th Str.vt to
c,."..te " T Ho.te,...eta.:.rl within th. P.U.D.
5.
I
The MUlti-family hou.ing,
which ...ill be
11Mlt~d to two and th~e. ~t?ry condominiuMs,
is .ubst~ntlal1y
~ 11 P a '.0:\ t ed
by ~lngl. faMily hOM.. f...om th. .ingl. fAmily hOM.. ~n
LelS'.wevall. and L.Jl,e &oyrlt,:,n E.tate..
8.
INDUSTRIAL ACCESS ROAD AND NEW
RAILWAV
CHO!3SING:
Th. andu.trial ace... road and new ....1Iway cros.ing
Sholll
b.
loc.ted
.. recoMMend.d by
Tr.dlfwlnda
t.....ffa=
c.:.,..... '.11 t 011...' t .,
M'.l,.,"ay-O...duck and A..ac i.t e. and a.,..t.:>n-Aach',I..1r. &
A.&,,:,cl.ata.,
.. r.flect.d on the attAched m.ster pl.n.
"he
t.Cll1r..:,ad Ct.-;.ssir,g at Oc.a"l Or"iv. shall be clos.d.
TRAOEWINOS
shall wIthdraw Its objections to M....s.
Winch..t....'. cOMpr.hunG1V~
pl~~ ~MendM~nt ~pplic.tion for the road and the crossing.
C.
WOOLBR I Gt.rr CENTER P. C. O. I
.,
Ther. .hall be ..
t.:,t..,l .:.r 1':39,1)(11) sql.,a,'e feet c.:.n.istirlg of 173,1)0.) squ.r. feet ,:.f
1'~lc\11
ar,d .::E.,I)(II) sq'",:"-,, feet c., O'flC. p.r-k.
1h i. r.ep..et;ar,t t'.
l';J'). .:.....:' sq.,.,.e feet .:..' ~'. C. O.
on ~~.~4 Acres whlch eqy..t~~ t~
l~. 4',(. 51 t u ce.v('.',.."\ge.
I
~
D.
CONDITIONS OF AP~ROVAL OF P.C.D. .nd P.U.U.:
1. rnAOEWINDS sh..ll be b':"Jr',d .:.nly by tilE:
5. 1oooJ.
~I~r. ~l..t?"l c>:.,"'ld..,' Hlf)t'\W..,y R~q'.llt'elller'lts, Fal'. Sha,'e rtl1p-'ct
".
,~
, ' ,.
-
.J
F-.&:'~ arid C':'J",cl'J5l,:.rl~ ~f.'t. f.:..'th c.n p.g.. 25-2lj l...cl'JliIV. .::.f th~
T P' c\ ,; r 1 C
h\p.ct I4rl.aly~lS kep':'t't Ijn the Ijyer.all W':a':llb,-q~ht R,jtlod
(
s. w.
8th St,..e.,.t ~"":'J&'cts p,'ep.,-.d or. Apt-Ill.
1 '386 by D'Ani.l N.
M '.1 , ' " .. y ,
P. E~
And ~fl .:.th.,- ApplicAbl. ,:.,"d It...,.,c.~ of the City .:,f
~.
Ec':'Yr',t.:..., Ec.4'ch t'.l4't ir,o t.:. the de".lc:,p,ne..,t c., the .ite.
2. Th~s stipul.tion And ..ttlem..t AgreeMe~t
~h~11
be subject only t~ the conditions
~n the MurrAy-Dudeck
"e: p.:.,' t
~s descrtbed herein,
And .11 oth.r .applICAbl. ordin.ancen
~f the CIty for developMent of the site.
In this l.tt.r rvspect,
~
Tr'ade.,unds Ackn.:,wledges th.at the City c:.ar.n,:.t bind PAl,.. Beach
County.. to It. F.~r Share TrAffic: IMp.ct Fee Ordin.nc. And that
Tr.~l.J"Wl"ld~ shall
be sYbJec:t to the Coynty'a IMpl.M.ntAtlon of
t h '" t .:.,"d I r..r.c..
3.
Thg City Agr... to suppleM.nt
e'la".cj /0:.,.
o:\",or,d the CIty'. Co,.'pt-ehensiv. PlAn AI"end",.nts a..,d eVAluat lor, ..lr,.j
app,..I..1
r~port' which hAY.
{>,
, .
be.~ .ent ,to the DepArtM.nt
of
C.:.t.u"'Jr'lty Affair-. with appropriate document.tion to r.flect th.
~greeM.~ts co~t.Mplat.d harein.
"-
~. To th. e"tent, thAt ordinanc.. May b.
,'eq ','l,'ed
to iMpleMent e'lny of thes. Action.,
the City .grveG to
pro e pa r'" . rid
.dopt any and All ordin.nce. neceSSAry to iMpleMent
the tet."'s ':', thl. ..ttle",ent.
E. Th. pArtie. Agr.. to seek .n Order froM tho
C.:., I'" t
con'lrM~~g .nd r.tifying the Agreement.
Th. Court sh.l1
t'et~l".
Jyrisdietlon over this matter and the p.rtie. to in.u~.
that
both p~rtie~ ~dhere to the t.rm. of thia stipulAtion and
settleMent agreeMent.
F.
Tr.deWlnds .grees th.t It Willi
,-
1. Reimbur.e the City for .ny .~d ~ll
ilt t,:,,'rlE'Ys fees .r.d e"per'li.. It h.. ir.curred In cc,n.jurlct lor. wi th
thF:' per.dlr,g l~t~g,)tl.:.r, wsthiJ". ten (1')) d.ay. of the ,.eceipt of ar,
1 I"IV':" c:e ~Hlbseq'.I.r,t t .:. the '"'PJ...c.y" 1 of the ~'. u. D.
as cor.t..,,'pl..,ted
hc,'~ 1 1"1.
~
.'
-.
Dellve." a full .r,d c\:"'lplete .".l.ase f'"':'1I1
T"c\oe""l rids,
1 t s .:. f f 1 C t] " S ,
d It'.Ct~.t'5,
5 t '=,c~h.:.l der's,
e','p 1.:.ye,?'S
a r.CJ I.:."
ager.ts "",r,d r't...p"~~L'r,tatlvea as t.:. .r.y ~rld ~ll
act l.:.r,~ .:.,'
s
.
,
,.. a.-:-~
". .~...
.:. t
.
"''"'~ l.:.n
wh 1 c t, \ t
.:.,.. t h..y ,..ay ..l"e
a g a I 1'1" t
thE!
L:lt.y
."'01.:." .,\r.y .:.t ltS ,:,rrlCli\ls, ti!I'pl,=,yees, c.~n1l'Jltar,t5 and/';"- .aq~rlt~
(
..,.. 1 ~ 1 r. ~J .;. '.\ t 0:' t the J:'. U. 0,.
i
t.:. th~ CIty 'Jpor, T,-agewlY1dS ,-eceipt .;" th.. ,-eq!Jisite exec'.&ted
appllcat ie.,..,..
Th i sa &h.ll bit del i ve,"ecJ
.~
.:.,"dl,...r,ces 0:.., app,-.:."..l' ar.d site pl.....J approval
i r. cc.,.. f c.rm i t Y
he ,'If "" 1 t ti .
Thlf
,-.le.ses ,.h.ll
be held
in escrow by the
'.l""de,"s} gr.ed
arid
delivered to thG City in accord.nce
w.th
...
thIS
pr-.:."" 1 S 1':''''"
A P,",:,p':Jged T':""111 loa attached h.,".to as t::Khl.bit "C".
~. Deliv.r a full and cOMplet. r.l..su trOM
r '"i4.d cw 1 r.ds,
it'3 office,-s,
d i t-.C t e,,".,
st,;:)ckholder.:
1t"IP l':'Y.Je!i
and/or agont. and r.pr...nt.tjve. a~ to any and all actions or
c.us.~ 0' .ction whlCh it or they may hay. aga1nat
the Clt)'
~nd/~r any of It. offiCIals, RMploy.es, consultants and/or agent.
,a,". 5 1 r,q .:....t ~. C. D.
app llcat iona.
This shall b. delIvered to the
CIty upon Tradewinds rec~lpt of the requistt. _Mecyted ordln~nc..
".
.
.:. r
o.1pp....:.val .,..d site pl.,., .ppr,:,vAl in C'onfo,....lity her_With.
The
ralease shall be held
:;
1'" .sc:,"ow
. .
by th.'unde~signed .nd
delivered
to the City in acc:ord.nc:. with this provision.
A pr.;,posed f':'i",.1
..
15 ~tt~ched he....et~. as EMhibi~ no".
G. The approval. contemplated herein aa to the
c.:.,.,pI'eherIS1V. Plan Anlend'11ent "....d the P. C. D. sh.ll b. subject ~"Ily
to th~ succ:..sful revIew or .the Comprehensive Plan Amendment. by
th~ D~p.rtM.nt 0' COMMunity A".irs.
t'.l"~ F,....edl.rld, EGq'.&lr.
At t ':"''''.Y 1'0'" O. f.".dAr.t,
In. City of Boynton ee.ch
Fl~gl.r Cent.r, Suit. ~05
5(11 S':".lth Fl.gl.,' DrIve"
West ~alM ~..Ch, ~L 33401
F. Martin Perry & A.soc:., P.A.
Co-Coun.el for ~lAintiff,
Tradewind. Development Corp.
~1~ No....th FlAgler Drive
Suite 701. Northbridg. Centre
W.st PalM B..ch, FL 33401
1;V:' ~L~!.L~S~i~ .\.\~~__
~l~K FRIEDLAND,~SOUlk~
.....d
'''"'
t
KlRin & &Rranek, P.A.
Attornwys fo,.. Pl.intiff,
T.....d.w~nds DevelopMent Co~p.
Flagler Cente...., Suite ~u3
SOl South Flagler Drlve
W.st J:'.l.R e...ch, FL 334u1
IlV ~~L_~~i1M~L-
tOHN ~ERANEK, tS~UIHE
6
. .
L;
}
-,-~
. \
.'
IN THE ~lRCUl1 COURT OF THE
l~TH JUDICIAL CIRCUIT, IN AND
FOR PALM BEACH COUNTY, FLORIDA
(
TRADEWINOS DEVELOPMENT I
CORPORRTION, by it. agent,
KERAN J. K 1 LDA.Y,~
CASE NO. 86-3&&1 eeL) A
-z.
r,
-
~
'"
-.
.
PiA i nt if' ,
':'r,
-.~c
..: ::II[ ri
:1, ~:::
."~~
':--:'t::J
"~I'
- .' c:::J
..!: -===
..: -:1..:
:f- ...., r-
.. -:') n,
~;;
.....
-.
v..
ORDER APPROVING SETTLEMENT AGREEMENT
Q:)
....,
'"
~
--
.r::;
'0)
......
-.
THE CITY OF BOVNTON &EACH,
" .
D.fendAnt.
, ' I
--------------------~---------
THIS CAUSE cam. on to b. h.ard on the Joint Motion for
Order
Approving S.ttlement Agr....nt fil.d by
TRADEWINDS
DEVELOPMENT CORPORATION And THE CITY OF BOYNTON BEACH,
And ..ft.r
considering .Aid Motion, the StipulAtion And Settl.ment AgreeM.nt
flied herein, And the partie. ha~ing agr..d her.to, 1t ia
.
ORDERED And ADJUDGED.
1. That the Settlement Agreemen' entered into b.twee~
the S:'lAintiff,
TRADEWINDS DEVELOPMENT CORPORATION,
..nd the
DefendAnt,
THE CITY OF BOYNTON BEACH,
i. h.reby Approved,
~
confirMed and rAtified.
A copy of the Stipulation and S.ttleMe~t
Agr.ement i. attached hereto a. EMhlbit "1" and ia .pecifically
incorp~"'Ated in this Order by r.f.renc..
a. Th. P1Al~tiff, TRADEWINDB DEVELOPMENT COR~ORATI0N,
..nd the DefendAnt,
THE CITY OF BOYNTON BEACH, a,... hereby order.d
to comply with the Settlement Agr.em.nt.
3.
Thi.
Court
retAin. Juri.diction
of
the~.
proceedings ~nd the' p.rti.. to .nforc. the term. of the
Settlement Agreemen~.
ach,
Fl.:>rld.a
---,
1986.
.
~QIZ
Caples furnished:
Klrk Frl.d1.nd, E5quire
SOl Soyth Flagler Orlve
5'.11 t e 5u5, F l.g 1.,., Cio>r.t "'r"
""'~~t ~.lfll El..ch, FL 3~401
F. Martln Perry & AS~ocl.te~,
515 North Fl.gler D,.,lve
5Yltw 701, Northb"'ldU~ C~ntr.
West ~.lM B.ACh, FL 334Ul
John &.r....,.k"
Kl.in " flar.n.
501 South Fl.g .,., Drive
SUlt. 503, Fl.gler Ce~ter
We.t p.lm B..ch, FL 33401
P. A.
(
d.~~~.
EXHIBIT "a"
.
. ,
..',.~
.
,.
IN THE CIRCUIT COURT OF THE FIFTEENTH
JlI1H CIAL CIHCUl'F OF FLORIDA, IN ANI> FOR
PALM BEACH COUNTY.
t
..
;,
CASE NO. 86-3661 (CL) A
TRADEWINUS DEVELOPMENT CORP.,
by lti agent, KIERAN J. KILDAY,
Plaintiff ,
vs.
THE CITY OF BOYNTON BEACH,
Defendant.
I
ORDER
This cause came on for conaideration upon the Petitioner'. Motion to
Compel Compliance with Settlement Agreement and the Court considering the
evidence adduced, h.aring argument of counsel and being fully advi.ed in the
premi.e. And noting that the in.tant proceedings have not been stayed although
there is pre.ently an appeal pending in the Fourth Diatrict Court of Appeal.
, .
it is thereupon
:'
CONSIDERED. ORDERED AND ADJUDGED that the Court grant. the Motion to
Compel Comrllanc4 with Settlement Agre.ment made by the Petitioner.. The
Defenda~t City shall proceed with the re-zonini process pur.uant to the
Stipulation of the partie. and .hall adopt ordinances relative to the Planned
Unit Development in conformity with the Settlement Agreement. The ordinances
shall be scheduled for reading a. required by City Charter forthwith. The
City of Boynton Beach .hall file the Comprehensive Plan Amendment regarding
th~ relevant portion of thv Planned Commercial Development no later than thirty
(30) days from the date of this Order utilizina the documentation the P.titian~r
provides within that time period. The Court notes that the Department of
Community Affairs may have its own demands which, if not complied with, may
'"
prohibit the Defendant City from proceeding to ultimate conclusion in its
re-zoning process. Should the Department of Co~unity Affairs indicate its
approval of thu Comprehen!Oive Plan Amendment, the City shall then adopt
ordinances relative to the Planned Commercial Development in conformity with
th~ S~ttl~m~nt Agreement. The ordinances shall b~ scheduled {or readin~ as
(
rl:quirt:d hy tlu: Cit)' (Ihuh;&' ,1l that tim\:. Ba~"J ,.n lb. S"tt)l:::.dlt "rr""I:.,,,nt.
to r~quir~ Plaintiff to submit to new hearings and nc~ voting procedures
ar'l'rt'....ina.: til" arl,Jit,.tl.\IH. ....Ilid, I.'c:r... th,,; sub,iL,(:t ,If tl",. S"'lllt:n,,,'nt ^r,.'L'n'"'llt
Wt.uld r~ndu it ml..lOln!;l~s~. The: City shall, thc:rdort:, comply forth".ltlt with
EXHIBIT "e"
~.;..
, "
i"
'-
(
"
,
,-
all 'r.mainin~ t.rms of th~ S.ttl.m~nt Agr..m.nt.
DONE AND ORDERED at West Palm B.sch, Palm Beach County, Florida, this
,),7
day of
~
, 1987.
~uus~n 3J. ~tublliclt
CIIlCUIT JUDGE
Copivs furnished:
.
Kirk Friedland, Esq., 501 S. Flagl.r Driv.,'Suit. 505, W.st Pal. Beach, Fl. 33401
F. Martin Perry, Esq., 515 N. Flagler Drive, Suite 701, West Pal.,B.ach, Fl. 334~1
John B.ranek, Esq., 501 S. Flasl.r Driv., Suit. 503, West Pal. Beach, Fl. 33401
Terrell K. Arline, Esq., 325 Cle..ti. Stre.t, Suit. B, W.st P.l. leach, Fl. 33401
.
Louia L. Willia.s, Esq.. P~O. Box 3887, W.st Pal. B.ach, Fl. 33402
:t'
I
''"'
'.
PER CURIAM.
( AFFIRMED.
~
!""
"
"-
HERSEY, C.J., GLICKSTEIN and DELL, JJ., concur.
-2-
----
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT JANUARY TERM 1989
CITY OF BOYNTON BEACH,
a Florida municipality,
JOSEPH MOLINA and LAKE
BOYNTON ESTATES HOMEOWNERS
ASSOCIATION, INC.,
Appellants,
v.
TRADEWINDS DEVELOPMENT
CORP., a Florida corp.,
Appellee.
~
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
NOT PINAL UNTIL TIME bXflRES
TO FILE REHEARING MOTION
lAND. IF FILED, DISPOSED OP.
CASE NOS. 88-3097
and 89-0503.
r,
Decision filed June 7, 1989
Consolidated appeals of a non-
final order from the Circuit Court
for Palm Beach County; Edward
Rodgers, Judge.
Fred W. Mattlin, Gregg W. McClosky
and David M. Beckerman of Mattlin,
McClosky & North, Boca Raton, for
Appellant-City of Boynton Beach.
Terrell K. Arline of Terrell K.
Arline, P.A., Palm Beach Gardens,
for Appellants-Joseph Molina and
Lake Boynton Estates Homeowners
Association, Inc.
Stephen N. Zack of Floyd Pearson
Richman Greer Weil Zack &
Brumbaugh, P.A., Miami, F. Martin
Perry, West Palm Beach, and John
Beranek of Klein, Beranek & walsh,
P.A., West Palm Beach, for appellee.
";)
, "(1' \.
\i',.'''' ;j1:r~
",~\..............'
\.11'"
,