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LEGAL APPROVAL LEGAL/APPROVAL DOCUMENTS MINUT.E~ SPECIAL PLANNING AND DEVELOPMENT BOARD r ~~TOJI BEACH, FLORIDA ,'\W rf\ D --nl I r-f}'-' t1~. APRIL 23, 1996 . , _.~.. ..1 .., 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 . 1. Project Name: Agent: Applicant: Location: - o t 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 3 '~ "--:,." :,','. ~ .~. --:-:--- MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 . 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. e 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 ) 4 . '~.'" ~~~. "-~~~." , ~~~--~-~_. . . MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA e 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. e Comment #11 Comment #12 Comment #13 , 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." 5 __"__ __~_______,___'_'.,'_.~,_.;...:.---.-.---..;..~~'!!I!<-~:,;,.~,,~'fI.!.,"!Oilft'~-___~ . ""'f-,,-. , :~l!." MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 . 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. ) 6 . . n~"",'~'-\l'~~"~;;;",,:,: ~. , _H ...:;'~?:'(~.h~' .'c, . ," "':',"'''t_, . ~ - 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. '. .y..-' 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. 7 ',' "'"t"~.Ll'l!!tl~_'.'-'.l~ _"'-r-'~=""""" --,4~',"r"i"fII(J,"""i;'..-"", ::w,,~~"~~'r~;:".~"" MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 - 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. , 8 . ."~~~][b~i'.~-,,",.,_n_""~y('~~;/~~{~~'!~".~"~~'"'' ___ MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 -- Chairman Dube acknowledged the presence in the audience of Mayor and Mrs. Taylor. Motion Vice Chairman Golden moved to recommend approval of the master plan modification for the Shoppes of Woolbright PCD to amend the previously-approved master plan to reduce the building size of Outparcel1 from 6,920 square feet to 5,930 square feet; increase the building size of 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. 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A OISIUCC or 4JB.BI r[u 10 A POllIl or CUflVAIUR[ AI 111[. 1I0Rrll[ASl COR/HR or LOI 14 or SAID BLOCK SO, TII[lIe[ 1I0r 1I111[SI[RlY ALOIIC TII[ ARC or A CURY( 10 Jill l(rr ItAVllIG A RADIUS Of 18JO.OO reEl, A ([IlIRAl AIIGt[ or 11' lB" 50-. ~II AH OISIAI/C( 01 56J.6~ 1[[1; TII[II([ II, nn" 76' I)" r.. A .'STAKCl" Dr 5 13 .01 r [(I 10 A ro I lit or CURVATURe 11I[lIC[ A101lG TII( AU or A CUIVl 10 III[ RIGIII IIAYIIIG A RADIUS or 1000.00 nu, A (l/tIRAL ..GLI or 10' 42' 04" All AR( oISII,IIC[ 01 In6.77 rEII 10 A r01/1I Of IEYIRS[ CURVAIUR[; IIIEII([ AlOIIG tll[ Anc or A cunY( 10 tll[ llll IIAYIIIG .. RAOIUS or 1000.'00 r[lT, A ((Hlnr,L AIIGL[ or 10' ~I' 04", AN ARC 015lAIIClOf 186.71 r[er 10 ^ rOIIl! or IAIIGCIICY; 1II(IlCl II. nR' 26' I)" E.., A 01 sr~IICl or 1?J. 30 l[lI 10 I, r01/1I 01 IIIICRSECI lOll 111111 Tll[ EU' lUll o r SA I 0 S [ C I I 0 II 1?; 111 [ II C t S. 0 I' 3.' 1 G'. [. ^ l 0:1 G S A I 0 (A S' llll ( A 01 S 1.1.1/([ or lSO.OO rE l I to rll[ ro I II I or D[G IIIIIIIIG. SAID LAIIOS Sllu/,re III DOTII1011 DlACII. pAlIl C[ACII (OU'''T. fLORIO". COil I A 111111 G Z 1 . 04 S SAC R [ S, 1") R( 0 R L [ S S" ~( f '..... ~. ~ p,~ -'. l ~ .., ~~":!,::: ,.~., . O;"It"f"f'o", l i'~ ::. ...~ ~ ~l \,\~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 39 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 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 40 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 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. 41 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 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 42 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 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 43 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 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. 44 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 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 45 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 19, 1996 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 ~ 46 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12,1996 . 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 27 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1996 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 28 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1996 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 29 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12,1996 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 30 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1996 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'" ,