Loading...
LEGAL APPROVAL MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Mayor Taylor advised that he spoke to County Commissioner Warren Newell about this problem and asked him to see if he can help the homeowners. Mr. Pfenninger said he has been in touch with Commissioner Newell's office and nothing has been resolved. Mayor Taylor pointed out that it has only been one week since Mr. Pfenninger has brought forth this problem. He believes Commissioner Newell is contacting the Engineering Department to see what can be done. Mayor Taylor will follow up on this matter and keep Mr. Pfenninger apprised. However, he encouraged Mr. Pfenninger to keep the pressure on the County also. Joan Grady, 1633 N.E. 2nd Street, complained of her neighbors practicing voodoo rituals on her property to drive her off her property. This has been going on for over four years. She called the police on numerous occasions and was told that her neighbors have the right to practice their religion. She has had blackbirds put in her doors. Her neighbors walk around her property at night pouring urine around her property. They have taken stones from her property. They dr!ve over the stones that she has around her lot. They drive up in her yard. Every morning the men stand outside facing the sun and urinate. When they come home in the evening, they face the sunset and they urinate. Mayor Taylor advised Ms. Grady that the city will look into this matter. Mayor Taylor declared a recess at 8:50 p.m. The meeting resumed at 9:05 p.m. Item VIII.A was discussed next. VIII. DEVELOPMENT PLANS A. Project: Agent: Owner: location: Woolbright Place PUD RECONSIDERATION Brett Nein - CCl Consultants, Inc. Scharlin, Trustee Approximately 1,000 feet north of the intersection of Woolbright Road and S. W. 8th Street Master Plan Modification - Request to amend the previously approved master plan to change the dwelling units within Pod 1 from 90 multi-family dwelling units to 85 single-family, detached dwelling units; reduce the north PUD buffer from 25 feet to 10 feet and reduce the perimeter building setbacks along SW 8th Street and the north PUD buffer from 40 feet and 60 feet to 20 feet and 25 feet, respectively, add private recreation and establish recreation setbacks Description: 24 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Anna Cottrell, a planner, represented this application. She thanked the Commission for reconsidering this item, which was previously before them in May. She asked the Commission to make a finding of an insubstantial change for the modifications that are being proposed for the master plan for this project. The substance of it is a change from multi-family, which was approved, to single-family. Some of the conditions consequentially have changed. She asked the Commission to send this to the Planning and Development Board for approval of the change. She said we went through about 60 conditions that were recommended by the staff. She understood that the Commission's finding of substantial or insubstantial change will be subject to the conditions. She advised that we have worked through most of the conditions and have made a good effort with the staff to resolve most of the conditions before coming to the Commission. However, there are three issues that still present some problems which would adversely impact the feasibility of this project. One condition relates to the requirement to do sidewalks on both sides of the street. One condition relates to the required right-of-way for the local streets within the project. She asked for approval for a 40 foot street width, and 50 feet was recommended. She also asked for a reduction in the buffer width along the north property line of the project. The applicant would still like a reduction in the buffer, sidewalks on one side of the street, and a 40 foot street width. Ms. Cottrell stated that we have met with SorTie of the neighbors. We sent 24 letters to adjacent property owners. Clearly, the ones most impacted by this project are the ones immediately adjacent (Lake Boynton Estates). We received telephone calls from 10 people, eight of whom indicated a favorable response for the change from multi-family to single-family. We also received five letters back in response, four of whom indicated that they would support the proposal for the change to single-family. The neighbors who indicated their support told us that they felt their property values are much better protected being adjacent to a more compatible, similar type of development, namely, a single-family project. Kennedy Homes has made a lot of concessions on thrs particular project with respect to the design layout and the proposed buffering. The essential issue is whether or not the neighbors are better served by having an adjacent single-family project than a multi-story, multi-family rental project. This particular pod, with the change to single-family, will make a nice transition to the multiple family that is already approved south of this pod. The 10 foot buffer is adequate. It is a good plan that offers both a spacial separation, a visual separation, and a sound buffer from the existing development to the north. In our review since the last time, there is an opportunity to reduce certain other areas now devoted to either lots or buffers on other parts of this project where we can increase that to 12.5 feet. With regard to the 25 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 buffer, she now concurred with staff to increase the quantity of the planting and the size of the material at planting. Ms. Cottrell said she looked at Vice Mayor Jaskiewicz' recommendation to relocate the recreation pod closer to the interior. Looking at all the design considerations, she came up with a very significant loss in the number of lots that this property will yield if it is moved. She also felt that it would affect more homes if it is moved closer to the interior; however. she said the intensity of the recreation facility that was proposed can be reduced. She offered to eliminate a couple of the facilities. The pool and the cabana or tot lot will remain. but there will be considerably more distance between the recreation facility and the existing homes, and more green space. Vice Mayor Jaskiewicz pointed out that the homes that would be affected are the homes in that particular neighborhood, not in adjacent neighborhoods that do not have use of the facility. She said it is desirable for someone who buys a home to have a pool next to them. However, if it is adjacent to your property and you have no option to use it, then it is a handicap. Ms. Cottrell stated that the location that was selected for the pool and the reduction in the size and intensity of the recreation area eliminates any adverse impact on the immediately adjacent property. Only a small portion of what was proposed as the recreation area will now be used for that. Therefore, there are not adversely affected existing residences that will be adjacent to the pool. Vice Mayor Jaskiewicz believes three homes are adjacent to it. Ms. Cottrell felt she has addressed many of the concerns. She said when the project was explained to the adjacent property owners, they indicated support for this change from multi-family to single-family. Single-family is more compatible with their development and property values. The reduction in the buffer width will make this project feasible. Without the reduction of the buffer width and some consideration on the width of the roads, the lot yield on this, the number of homes that can be built on this pod, is reduced so as to not be feasible. No developer will do a single-family project when he is faced with the costs and reduced land area. . Mayor Taylor asked if the homes along the north buffer are one or two stories. Ms. Cottrell said Kennedy Homes would prefer to offer their whole range of products to buyers: however, they have agreed to limit the homes to one story on the north side. Commissioner Tillman asked if the residents who have responded to Ms. Cottrell's letter are present this evening. Ms. Cottrell did not know if they were present, but she was willing to read their names into the record. 26 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 Mayor Taylor asked if the buffer is still going to be 10 feet. Ms. Cottrell stated that by squeezing in everything south of the north property line, we can achieve another 2.5 feet, so we can increase it to 12.5 feet. It is not going to make a difference in the quality of the project. At 12.5 feet, with the type, quantity, and size of the materials, it is a very good buffer because it is going to accomplish everything that it is supposed to. Widening the buffer with the same quantity of materials is not going to accomplish anymore and would have an adverse consequence because this buffer has to be, according to the conditions, the responsibility of the homeowners' association. It takes land out of what would otherwise be available for rear yards and puts it into a common area that has to be maintained by all the property owners at their cost. Mayor Taylor asked if the additional 2.5 feet for the buffer is coming out of the yards of the houses on the north. Ms. Cottrell said the 2.5 feet is coming out of several other areas, but not the rear yards on those particular lots. Mayor Taylor asked where the 2.5 feet is coming from. Rick Wohlfarth of CCL Consultants said looking at the north end, we looked at the lot depths going from south to north and we found we had an additional 2.5 feet available. So. in essence, this street moved 2.5 feet further away, and not only did the buffer increase by 2.5 feet, but the lot depth on all the northern lots increased by 2.5 feet. What is showing here today as 110 feet of depth will now be, under this proposal, 112.5 feet. Mayor Taylor asked if that includes the buffer. Mr. Wohlfarth answered affirmatively. Mr. Wohlfarth also stated that the house was showing a 25 foot setback, but because of the additional buffer, it will now be 27.5 feet. Therefore, the houses will be further away, and the lots will be larger. Vice Mayor Jaskiewicz asked what happened to the sidewalk that were supposed to be on both sides of the street, as agreed to at the last meeting. Ms. Cottrell said this is one of the three items that she would like to revisit. Vice Mayor Jaskiewicz said this is probably where the additional space came from. Mr. Wohlfarth said the 40 foot width and all the street rights-of-way stayed the same. He pointed to the set of lots from which the additional space came. Mayor Taylor asked if the center lots were reduced. Mr. Wohlfarth answered affirmatively. He said some lots were 100 feet and some were 105 feet, so we had extra footage there. However, we had to limit how far we could shift it because at a certain point, you started closing off the area where the lots are very tough to get into. Mayor Taylor asked him if he reduced the 105 foot lots to 103 feet. Mr. Wohlfarth said they were reduced to 102.5 feet. 27 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Ms. Cottrell asked the Commission to reconsider their condition related to the street rights- of-way. She said Mr. Hukill's understanding of the code is that 50 feet is required. She asked for a reduction of that to 40 feet, through the PUD, which is allowable. She stated that from an engineering standpoint, 40 feet is adequate, does everything we need it to. provides the full pavement width that is needed for two lanes, and drainage is accommodated in the sidewalks. She asked the Commission to reconsider their requirement to do sidewalks on either side of the street. Mayor Taylor asked why. Ms. Cottrell said this is essentially an aesthetiC issue. She said sidewalks function on both sides of the street or on one side of the street. If you reduce it, you reduce the amount of paving so you have some grassed area available for swales and the appearance of open space. The street does not function any differently with sidewalks on two sides in this size of a development than it does with sidewalks on one side of the street. Mr. Wohlfarth felt one side is sufficient and that the green area would be a better look. However, if the Commission insists, he agreed to the additional four foot walkway. Ms. Cottrell stated that the developer has seriously considered the concerns of the residents and the Commission, and has taken a good look at this from a design standpoint and from what we know to be the market standpoint. She appealed to let this project happen for single-family homes. It was her opinion that the compatibility issue between the multi-family and single-family is resolved with this change. She asked for enough room to make the project feasible. She said with the conditions that have been presented, it is not feasible. Mayor Taylor open the floor to the public. Nancy Worrell, 712 S. W. 4th Avenue, said 4th Avenue backs right up against this PUD and she was very much opposed to reducing the buffer. She distributed a petition which she said was from 90 percent of her neighbors. who oppose reducing .the north PUD buffer. She said people moved into that community for privacy and would like to maintain that. Mayor Taylor asked her if she would prefer the multi-family versus the single-family in this configuration. Ms. Worrell was in agreement with whatever has to be done to keep the 25 foot buffer. Commissioner Bradley pointed out that the buildings that they are talking about putting up would be much higher, thereby reducing privacy, depending on where the windows are situated. Ms. Worrell stated that considering the noise level, etc., she would much rather keep them as far away as possible. 28 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Lisa Waters. 709 S.W. 4th Avenue, opposed the reduction of the buffer. She said what is being proposed is very different from Lake Boynton Estates. She desired a physical and visual separation from this project. Mayor Taylor inquired about the width of the frontage on her lot. Ms. Waters advised that it is 60 feet. Vinola Rada, 719 S. W. 3rd Avenue. asked Ms. Cottrell for the names of the five people who she said she received letters from in support of this project. Robin Hanna, S.W. 3rd Avenue, was concerned about a road being built through his quiet neighborhood which does not have through traffic at this time. The roads, which flood when it rains. and the lighting on S.W. 3rd Avenue need to be upgraded. The proposed recreation center is adjacent to his property and he said the children from his neighborhood are going to find a way to get into that center because they do not have one of their own. Mayor Taylor asked him if he preferred multi-family if they cannot move it back. Mr. Hanna said he prefers single-family homes. However, he did not want a right-of-way through S. W. 3rd Avenue. Gary Lehnertz, 619 S.W. 2nd Avenue, was disappointed to see this back on the agenda. He expressed concern about the residents' quality of life and standard of living and felt the applicant is back because he did not get everything he wanted three weeks ago. Mayor Taylor advised Mr. Lehnertz that the Commission said they would reconsider this project if the applicant could come to an agreement with the residents. Mr. Lehnertz said the people he has spoken with do not feel they have a choice because the applicant is going to end up getting what he wants anyway. The perception is that if the applicant wants something, he can just keep coming back. He stated that the applicant has refused to do what every other developer has done in this city in terms of giving us full site plans and a full master plan up-front. He pointed out that when the original buffer was agreed to, the preliminary plans had single-family homes in this area. He stated that the applicant said no developer could properly develop this area with single-family homes and a 25 foot buffer. That translates to, "We are not going to make as much money as we want to make". He asked the Commission to the listen to the residents. He said we can have single-family homes and the buffer. The original plans had a 25 foot buffer and a 60 foot setback. If the city were to hold the applicant to those original plans, there would be 85 feet before they could build anything. Mary Ann Fornataro, 718 S.W. 4th Avenue, said the proposed pool would be in her backyard. This is the third time that she appeared to say she wants a 25 foot buffer. She 29 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 would also like the city to hold the applicant to the original plans. She said when she purchased her house. she was assured there would be a 60 foot setback. Carol Fretwell. 713 S.W. 3rd Avenue, said this has been brought up under the guise of reconsideration based on the views of the neighbors. She has yet to see any evidence of this. She questioned the good faith of the applicant. She pointed out that an agreement was reached at the last City Commission meeting on this project. Robert Reardon, 648 S. W. 4th Avenue, lives in the house directly adjacent to the buffer in question. He said he has worked for Kennedy Homes. He put in about 500 or 600 homes as an excavator. They are cookie cutter homes. They are trying to squeeze as many homes as they possibly can in there. If the multi-family is going to look similar to the multi-family that they have already built by Home Depot, and it is going to be 65 feet away from his property, he would rather have that than the single-family cookie cutter homes behind his house. Margaret Roberts lives in Leisureville. She expressed concern for the people who live in Lake Boynton Estates. She said her house is on that road and the traffic is already terrible. Roy Essery 118 S.W. 8th Court, felt the 42 foot frontage is going to be too small. He felt there should be a minimum frontage of 50 feet, and the buffer should be kept the way it was. Ed Waters, 709 S.W. 4th Avenue, said if there is not enough room for two sidewalks, then maybe we are trying to cram something into this space. He was very concerned with the 25 foot buffer. He preferred single-family, but if it takes multi-family, he preferred the buffer. He was also concerned about the recreation area. He questioned the minimum number of multi-family units or single-family homes. With regard to the buffer that would be adjacent to the lot by the pool, Ms. Cottrell stated that this buffer is 25 feet. There will be a fully landscaped 25 foot buffer between that area and the pool, and there will be sufficient screening and sufficient spacial separation. With regard to the developer's attempts to get everything he wants, Ms. Cottrell stated that the developer has made very significant compromises in the program originally conceived in order to address the concerns of the city staff, the residents, and the Commission. When you ask a developer to limit the selection of his project, what he can sell to his potential buyers, that is a very significant issue. He has agreed to limit the homes on the north side of this project to one story. He has agreed to some other design areas. For 30 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 example, he has agreed to put the buffer in all at one time. Those are very expensive considerations. This design is contemporary. It has been successful in other places, and it meets a market demand. The question before the Commission is whether or not this development is appropriate in this particular area, and Ms. Cottrell felt it is. She said there has been no misrepresentation by the developer, and he has made a very conscientious effort to deal with all the conditions that have been recommended. Ms. Cottrell stated that this evening, several people said they prefer single-family. With these added considerations (the increased street and buffer width), she was willing to withdraw the request to do the sidewalks on just one side. Therefore, we are down to just two issues. She felt it is still a good design and a good product. Ms. Cottrell stated that many of the comments this evening have been spoken with a great deal of emotion. She said she spoke to a number of homeowners. Those who called did not want her to. use their names because they felt their support for this project would create difficulties for them with their neighbors. She said Kennedy Homes has made a very sincere effort to create a good design and a good product. From a land use standpoint, she felt it is an appropriate level of intensity and an appropriate design. She felt it ought to be approved the way it has been presented with all the compromises that the developer has agreed to. Vice Mayor Jaskiewicz stated that at the last meeting, she made it clear that she would never agree to this project if the recreation center has an adverse impact on the surrounding communities. She said there is a section in the land use regulations that deals with this. No PUD should have a negative impact on a surrounding area. There is practically no buffer, other than the sidewalk, in the recreation area. At the last meeting, she suggested a way to solve this problem by eliminating two homes, increasing the width, and decreasing the depth to allow for the buffer. That suggestion has not been followed through; therefore, she cannot support this project. Commissioner Tillman did not see any change. If the developer was being a good neighbor, there would be some constructive change, and he would put in the 25 foot buffer and respond to the issue of the recreation area. He said the pool almost sits on the road and is adversely going to affect the neighborhood. He could not support this project. Commissioner Titcomb felt the 25 foot buffer was important. He has not seen any creativity to redesign this project. He said the Commission asks developers to make concessions on a regular basis. That is part of the process. He saw nothing significant or new to change his mind about this project. Since he did not have a consensus of all the residents and city staff, he could not support this project. 31 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Commissioner Bradley would have liked (0 seen more concession in the area of the buffer. He would have preferred a single-family project; however, he respected the neighbor's desires. Mayor Taylor was concerned about the pool being close to the adjacent development. What he heard tonight is that people supported this because they preferred single-family over multi-family. He pointed out that they were not asked about the buffer. Also. to get the 2.5 feet, the applicant has cut some of the lots, and they are already small enough. Michael Morton appreciated the Commission's reconsideration of this project. He disagreed with Gary Lehnertz. He said the neighoorhood has spoken and he has heard a consensus against single-family and the 12.5 foot buffer. He thanked the Commission for giving him the opportunity to go back to the neighborhood. He said he will come back with a plan with another design in the future. ~ Ms. Cottrell withdrew this application. At this time, the parties involved in the Quantum Park projects returned and those items were discussed next. VI. PUBLIC HEARING A. Project Name: Quantum ParklPID/PCD Center Applicant requested continuance to July 2, 1996 Agent: James G. Willard, Esquire Owner: Quantum Associates Location: 13.93 acres of property at the southwest corner of 1-95 and Gateway Boulevard Description: Land Use Element Amendment/Rezoning: Request to amend the Comprehensive Plan Future Land Use Map from Office Commercial to Industrial and rezone from Planned Commercial Development (PCD) to Planned Industrial Development (PID) to add into the Quantum Park PIO Ms. Heyden advised that an agreement was reached to proceed with the land use element amendment/rezoning. Therefore, we need an action to transmit this to the Department of Community Affairs. The only change is the use as office rather than commercial. 32 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 purpose of the Unsung Heros' Breakfast. This breakfast is for the people of the community. Commissioner Bradley asked if the other motels have been approached about complimentary rooms. Ms. Jones said she signed a contract with the Super 8 Hotel. She reserved 10 single rooms and 10 double rooms. The rooms normally cost $49. but she got them for $30. Commissioner Bradley pointed out that the hotels in Boynton Beach give out complimentary beach passes. Ms. Jones said the Super 8 is not in Boynton Beach. The Boynton Beach hotels wanted to charge her $55 a night. She said Jim Culver could not negotiate because he works for the city, and the city does not want to solicit. Mr. Culver said he is the Wrice Facilitator. He advised that the Holiday Inn will lower the cost of the breakfast to $1,400 or $1,500 if we sign a contract and guaranty them about 140 people. City Manager Parker advised that there is some funding available in the contingency account. She suggested that if the Commission wants to approve this, they should approve it tonight because Ms. Jones needs time to do some publicity. Commissioner Bradley was not opposed to proceeding with this tonight; however, he would still like to see a budget demonstrating how.those dollars are expended. Motion Commissioner Tillman moved to approve $3,000 for the Wrice Process for July 12th and July 13th, pending the submission of a breakdown of the expenditures. Commissioner Bradley seconded the motion, which carried 3-0. D. Reconsider the Woolbright Place PUD Master Plan Modification Motion Commissioner Bradley moved to reconsider the Woolbright Place PUD Master Plan Modification on July 2, 1996. Commissioner Henderson seconded the motion, which carried 3-0. City Manager Parker advised that the property owners in the neighborhood will be notified that this item will be on the July 2nd agenda. 19 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 Motion Vice Mayor Jaskiewicz moved to approve the request to amend the previously approved site plan to construct a 162,502 square foot department store with parking structure, subject to all staff conditions. Commissioner Tillman seconded the motion, which carried 5-0. VII. PUBLIC AUDIENCE No one wished to speak under Public Audience. Mayor Taylor declared a recess at 9:15 p.m. The meeting resumed at 9:25 p.m. VIII. DEVELOPMENT PLANS Description: Woolbright Place PUD TABLED Brett Nein - CCL Consultants, Inc. Howard Scharlin, Trustee Approximately 1,000 feet north of the intersection of Woolbright Road and SW 8th Street MASTER PLAN MODIFICATION - Request to amend the previously approved master plan to change the dwelling units within Pod 1 from 90 multi-family dwelling units to 85 single- family, detached dwelling units; reduce the north PUD buffer from 25 feet to 10 feet and reduce the perimeter building setbacks along SW 8th Street and the north PUD buffer from 40 feet and 60 feet to 20 feet and 25 feet, respectively, add private recreation and establish recreation setbacks A. Project: Agent: Owner: Location: Anna Cottrell, a planner with the firm of Basehart and Cottrell Inc., 1532 Old Okeechobee Road, West Palm Beach, stated that two weeks ago she promised to return to the Commission after working with city staff to resolve the outstanding issues related to the 62 recommended conditions on this application. In the last two weeks, we have worked diligently with city staff. She also met with County Engineering on the traffic issues, and Florida Power and Light. She thinks we have come to agreement on the vast majority of these conditions. There are only a few we need to discuss, namely 4, 10, 13, 30,34,44, 58, and 61. She thinks there are 9 conditions that can be deleted if we come to an agreement on these conditions because they will become irrelevant or moot. 32 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 Condition 4 - No building structure, screen enclosure, pool, or portion thereof is allowed within setbacks, either now or in the future. Ms. Cottrell asked that this condition be clarified to indicate that there is the opportunity for PUD modification in the future if there are variances needed to accomplish the permitting on those structures. She said staff agrees that this is the proper avenue to do that. City Attorney Cherof said if that is the case, then there should just be a "." after the word "setbacks", and the balance of that language ("either now or in the future") should be deleted. Ms. Cottrell asked that Conditions 2 and 3 be deleted. Condition 2 recommends that the rerouting of the force main be done. CCL Consultants, the project engineer, has done that and modified the plans. Therefore, this recommended condition is no longer needed because the force main will be rerouted. This is also related to Condition 3, which she asked to be deleted for the same reason. City Attorney Cherof said these are issues that were in the original plan. The conditions apply to that. If they simply remain and are included as part of the conditions, if they have already been addressed, then they are satisfied. Ms. Cottrell said the items that she is asking to be deleted, tor the most part, have been agreed to. She understands. however, that the recommended conditions related to the original plan. They do notreffect the changed plan that was submitted to the Planning Department last week. City Attorney Cherof stated that the result would be the same. If the condition exists, and you have already dealt with it and addressed it in the revised plan, it is satisfied. Condition 10 - 8idewal<s are required on both sides of all local and collector streets. Condition 13 - Minimum street right-of-way width for a local street with 2 mountable curbs is 50 feet not 40 feet as shown; with swales minimum right-of-way width is 60 feet. Ms. Cottrell stated that these two conditions are related. She asked the project engineer to address both of these conditions. Richard Wohlfarth of eel Consultants said that initially the property was going to be developed very much like the Vinings, as a multi-story or three story apartment project. 33 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 Some of the other options they came up with would be to go to other types of products, most of them multi-family such as town houses or quadplexes. Each of those would have a different requirement, most of them being parking lot type requirements of 27 foot of aisle width and 18 or 20 foot of parking stalls, and then the buildings themselves with some reasonable setbacks. We also looked at the market. We felt the property would yield better from an aesthetic point of view and a sales point of view to develop it as a single- family project. We tried to figure out how we could get somewhat the same density because it is a price sensitive market. We looked at what can be done to develop a nice product, but something that may not be exactly what everyone visualizes to be a single- family house. Those are very expensive items and sometimes you need to look at other opportunities. In this case, we first recognized that the most important part of the property, from an engineering prospective, is to provide the valley gutter (the mountable curb). Swales never seem to really work. People end up driving off of them and they end up being chewed up. We have found that by using valley gutter and nonmountable curbs as we go around corners, we protect the landscaping or the grass area there and it seems to work much better for everybody. The second area is circulation (Condition 10). We tried to find out how we could get everyone to be able to walk around the community without having to walk in the streets and we came up with a plan that does that, with sidewalks on one side. It gives you a very good circulation. It is not a safety or welfare issue. It is a very safe street. The radius that will be provided on the street is typical of what would be out there with a 50 foot right-of- way. The difference is that it is not quite as wide and we only have the sidewalks on one side. We believe it provides a very good streetscape, a very good neighborhood, and a very good alternative to multi-family. Vice Mayor Jaskiewicz asked if this is a gated community. Mr. Wohlfarth advised that it is not; however, provisions have been made that it could be gated. He added that these will be private streets. In response to a question posed by Commissioner Bradley, Mr. Wohlfarth said he was looking to provide an alternative circulation plan. In some multi-family projects, the sidewalks are not only on one side, but they meander around the backyards. An alternative to doing that is to provide sidewalks on one side. It provides good circulation for the residents. They would be able to get all the way around the property without crossing a street. Mayor Taylor did not agree with Mr. Wohlfarth's logic and wanted sidewalks on both sides of all local and collector streets. 34 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 Condition 30 Ms. Cottrell said there are several items within this condition that should be updated to reflect the existing status of the plans. In the first paragraph of this condition, there is a requirement that the berm be completed by February 7, 1996. The developer is making an effort to complete construction of the berm. Since February 7th has passed, she asked that this date be extended to August, 1996. Also, the second paragraph of this condition requires the permit plans for landscaping to be submitted by April 23, 1996. Those plans have been drawn and are ready to be submitted. She asked that this date be changed to a time that allows them to be submitted within 30 days of approval of the master plan. Once the master plan is approved by the Planning and Development Board, it could be submitted very quickly for approval. The third paragraph of this condition requires that the water management area landscaping be completed and accepted by the city prior to submittal of a site plan for any fu'rther construction in the PUD. She asked that this be allowed to be completed and accepted by the city prior to the first Certificate of Occupancy for this project. Vice Mayor Jaskiewicz pointed out that the delay in completing the berm was due to some of the residents not wanting a berm. On March 29th, she informed Michael Morton that an agreement could not be reached and to proceed with the original plan. Mayor Taylor agreed that the dates have to be extended because they have passed. He asked staff what would be reasonable dates. Ms. Heyden had no problem with allowing the plans to be submitted 30 days after they are presented to the Planning and Development Board. However, with regard to the third paragraph of Condition 30, she saw no reason to tie the completion to this project. She said this buffer has nothing to do with this project and should have already been completed. This is the second set of deadlines that we have set and they have failed to meet. She recommended setting a date certain that is independent of this project, in the event that this project does not happen. (Ms. Heyden was talking about the first CO of the project for the timing of when the landscaping has to be completed.) Commissioner Bradley asked what leverage we would have if we do not tie it to the project. City Attorney Cherof stated that you will see this as an independent item that happens to be addressed in here, but there is no reason why a date specific could not be set. 35 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 Mayor Taylor asked for a reasonable time frame. Ms. Heyden did not see why this could not be done in 60 days. Ms. Cottrell said Mr. Morton is present and indicated that 60 days is reasonable, assuming there is no delay in the permit review. She requested a reasonable amount of time for the construction. She felt 90 days was more realistic and suggested allowing 30 days to get the plans approved, and then 60 days to construct. However, she agreed with Ms. Heyden's suggestion of 60 days after permit issuance of the landscape plans. Mayor Taylor inquired about the first paragraph in Condition 30. Ms. Heyden said the same date would apply (60 days after permit issuance). With regard to the second paragraph of Condition 30, she recommended that the permit plans for the landscaping berm be submitted to the Building Division 30 days after the Planning and Development Board meeting. Ms. Cottrell agreed to this if there is a finding of insubstantial change. Commissioner Titcomb stated that the applicant referred to the master plan, and staff referred to the landscape plan for the water retention area. He asked if they are talking about the same thing. He added that a drawing will be submitted on the landscape of the water retention area. Ms. Heyden said that should be submitted within 30 days after the Planning and Development Board approves the master plan that is before the Commission this evening. City Attorney Cherof stated that the third paragraph of Condition 30 is a separate issue which can go forward whether or not the master plan is approved. He said Ms. Heyden referred to the issuance of the landscape plan when she was referred to the third paragraph of Condition 30, but reverted back to discussion about the master plan for the first and second paragraphs of Condition 30. Ms. Heyden said since the construction date is tied into the first event occurring, there is no problem with it being tied into the site plan versus the master plan. The second part cannot occur until the first part occurs and if the first part is delayed, the second part is also delayed. City Attorney Cherof inquired about the third part, which is the water management area landscaping. Ms. Heyden said this is all the same issue. Commissioner Titcomb thought he heard that the water management area (the retention landscaping area) was being separated from the rest of the project. Ms. Heyden clarified that she is recommending that it be separated. Originally, the comment was to include them. There was a problem with the way it was worded; therefore, she is going back to her original position, which has not been put on paper, that it really does not need to be tied. She confirmed for Commissioner Titcomb that if the master plan is delayed, the landscaping water management area will be delayed. 36 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 Mr. Morton said the permits have already been applied for. The irrigation and pump stations are under construction. The plants have been ordered. Florida Power and Light has been to the site. All the work is being done. There is a plan for trees around the lake area along S.W. 8th Street. The berm by Leisureville is being done. This would have all been done in January if the people who live in Leisureville had not contacted Vice Mayor Jaskiewicz. Since Vice Mayor Jaskiewicz told him to proceed, all the permits have been issued.. The plan for the landscaping is in as well, which is strictly the berm and the trees around S.W. 8th Street. Ms. Heyden advised that as of last week, the landscape plan has not been turned in. If it has, Mr. Morton has 60 days from the time it is issued to construct it. She recommended that the construction not be tied to the master plan because building permits have a life of six months. They go into a dead beat file and it is incumbent upon someone to check and see if it is in the dead beat file. Therefore, there is a potential for the six months to turn into nine months or a year. Mr. Morton stated that the landscape plan was attached to the settlement agreement as an exhibit. Ms. Heyden advised that there were no exhibits with the agreement. If there was an exhibit, it was not an exhibit that was detailed enough to issue a permit on it. Vice Mayor Jaskiewicz thought the agreement specifically only addressed the berm and the ficus hedge separating the property between Leisureville and Mr. Morton's project. Mr. Morton said there was an exhibit to the agreement he submitted that showed Live Oak and Palm trees along S.W. 8th Street, as well as the five foot ficus hedge on the berm. Mayor Taylor clarified that the time frame will be 60 days from when the permits are issued. Condition 34 Ms. Cottrell said staff has indicated that if the 10 feet is acceptable that there be a specific landscape treatment. What staff recommended in terms of the quantitative planting, the placement planting, and the height of the trees is acceptable. It is significantly greater than what had been proposed, which met the code, and what was indicated in the buffer plan. The buffer treatment plan that has been recommended for the 10 feet is acceptable. However, she wished to discuss the recommendation that the 10 foot buffer plan be exclusive of the existing 2 1/2 foot Florida Power and Light easement that runs along the north property boundary. She said she showed FPL a copy of the buffer treatment plan and they had no problems with the use of their 2 1/2 foot easement for planting and fencing. The boundaries of the FPL easement would then be coincident with the 37 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 boundaries of the landscape buffer. To require an exclusive FPL buffer does not really accomplish anything, and reduces the amount of useable private yard for the single-family lots by 2 1/2 feet. There will also probably be a maintenance problem since there is no requirement that the 2 1/2 feet and the adjacent 2 1/2 feet be maintained. The Lake Boynton Estates property owners whose rear yards now would touch the rear yards of the single-family lots proposed for the north boundary have the use of that FPL easement. There is vegetation and fencing there. It has been used for private recreation areas by those families in those homes and she asked that this be done as well. She felt it would reduce maintenance problems and the benefit would be that the 2 1/2 feet is useable yard areas for the lots. Mayor Taylor pointed out that the reduction of the buffer from 25 feet to 10 feet is not recommended by staff, and staff recommendations apply only if the Commission approves th is reduction. Condition 44 - It is recommended that the maximum height of the single-family structures be established at 25 feet. This height is consistent with the height limitation of the homes that are located to the north in the R-1 A (Single-Family Residential) zoning district. Amend the site date on sheet 2 of 2 accordingly. Ms. Cottrell stated that the Kennedy Homes has proposed a project development that would be a mix of two-story and one-story homes. Typically, two-story homes have a minimum height of about 27 feet. She asked that the 25 feet recommendation be changed to 30 feet because it allows for the architectural treatment with peaked roofs at a more conventional height of 28 to 30 feet. There is a great deal more options in roof treatments when that additional couple of feet is allowed. The 25 feet on a two-story building is essentially going to get you a nearly flat roof with very little variation in roof details. From an architectural standpoint, it would be far more interesting to allow some more options. The 25 feet is simply not even oonventional. Thirty feet is far more reasonable. Mayor Taylor did not have a problem with this since it is next to a multi-family project. Vice Mayor Jaskiewicz asked if these homes have garages. Ms. Cottrell answered affirmatively. Condition 58 This condition relates to the buffer along S.W. 8th Street. Mr. Wohlfarth stated that one of the things that seems to be consistent on all the comments is to try to have consistency. Currently, along the dividing line between the Trammell Crow apartment project and the single-family is a buffer with a fence, hedging and trees. He would like to continue that 38 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 fencing and buffer along 8th Street so it has a look that is consistent with the surrounding property in lieu of providing a two foot high berm with plantings on top. He believes this will provide more of a buffer and more security for the project. Commissioner Bradley asked what kind of fence it is. Mr. Wohlfarth said it will be a chain link fence, five feet in height, with a hedge and trees. Vice Mayor Jaskiewicz asked if the recreation center is on S.W. 8th Street. Ms. Cottrell answered affirmatively and added that some modifications were made after meeting with the Recreation and Park Department. In order to achieve the one-half credit, staff had suggested that the developer build a meeting room clubhouse. That was never in the original plans. That is an item that became very cost prohibitive, particularly since the homeowners will be maintaining it. Therefore, the developer has scaled down the private recreation area and will not be applying for the one-half credit. He will pay the cash in lieu of the one-half credit. There will be a pool. The north end of the recreation area that had been proposed for development with some smaller facilities will now be left as green space. She felt this is a much less intense recreation area and you get more green space. Condition 61 - To show no increase in trips generated by the proposed development, reduce the number of single-family detached units from 85 to 74 and omit the 16 duplex units from Pod 3. Amend the master plan sheet 1 of 2 accordingly. Ms. CottreJl advised that after an extensive meeting with the City Attorney, the City Manager, and the Planning Director, a traffic study was undertaken by Maria Palombo, a traffic engineer. Ms. Palombo also had several discussions with the City Engineer and the County Traffic Engineer about methodology and the results of her traffic study. Ms. Palombo said she met with Mr. Hukill and other staff members to determine the proper way to do a trip generation analysis of this development. After meeting with them, she contacted Palm Beach County to come up with some kind of methodology about the traffic study. The traffic study was done using two scenarios to see if they produced different results. The trip generation of the appropriate land uses was compared with that of the proposed land uses, and both studies showed that the proposed land uses would generate less traffic than the approved land uses. She said she submitted a copy of this study to Mr. Hukill and it was her understanding that he did not have a problem with it. She said she also submitted both studies to the county and they preferred the one that relates to the impact fee ordinance. Commissioner Bradley asked where this leaves us with regard to traffic trips and impact. He pointed out that a lot of this development is yet to come. Therefore we are sort of 39 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 playing a guessing game. Ms. Heyden stated that she spoke to the county today, and they told her that either study proved that this particular project does not generate an increase in trips for the overall project. That includes the PCD and the PUD. Therefore, Condition 61 could be deleted or rejected because the piece of property where the Cracker Barrel was approved was previously approved for approximately 58,000 square feet of retail. When we compare those two uses, the Cracker Barrel generates less traffic. Also, there is a decrease in one of the outparcels on the east side of 8th, the reduction in size of a fast food restaurant. That reduction allows this increase so there is no net increase in trips. In response to Vice Mayor Jaskiewicz' question about the duplex units, Ms. Heyden said they can stay. Commissioner Bradley asked where this leaves us in total numbers. He knows we cannot project how that is going to be because we do not know what is going to be developed on the remaining sites. He asked if this is not part of what we are trying to accomplish. Ms. Heyden asked Ms. Palombo to describe what she projected for the unbuilt parcels in the PCD. Ms. Palombo did not know if the fast food restaurant with a drive through has been approved. She has 6,745 square foot of commercial in one of the outparcels. The other outparcel contains 4,000 square feet of commercial and an additional 157,000 square feet of commercial. That is what has not been built or approved at this time. The actual total number for the commercial is reduced. She shows the approved one as 315,580 square feet of commercial and the proposed one as 286,544 square feet of commercial. So there is actually a decrease in the total square footage. Vice Mayor Jaskiewicz asked her if she took into consideration the commercial space between Home Depot and the Vinings. Ms. Palombo said that is the one that she is assuming is going to be 157,000 square feet of commercial. Commissioner Bradley stated that as projects are approved, it is at that point in time that the applicant is assessed an impact fee on the traffic trips. Until that happens, we do not really know what those actual trips are going to be. He asked if we have estimated accurately to buildout of the whole project. Ms. Heyden stated that Mr. Morton waited to do this traffic study until now because now he has a better picture of how the rest of the commercial project is going to be built out. She felt this is pretty accurate and allows a little bit of a buffer. Condition 10 Regarding the sidewalks. Ms. Cottrell said the movement now in development is towards sidewalks on one side because it is simply more efficient. It leaves more land for lot 40 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 areas. However, in the 40 foot right-of-way that is proposed, it is possible to design cross section that includes sidewalks on both sides of the street, acceptable travel lane pavement areas, and accommodates the drainage. There were two parts to this condition. One was sidewalks on both sides of the street, and the other was the 40 foot widths on the right-of-way. We are willing to do sidewalks on two sides of the street if we can do it within a 40 foot width. The 40 foot width is acceptable to the county and many other municipalities and can be demonstrated from an engineering standpoint to be safe and efficient. It provides an opportunity for both pedestrian and vehicular traffic, with the separation between the two. It is also efficient from a land use standpoint. Vice Mayor Jaskiewicz asked if this would satisfy the Fire Department's requirements. Ms. Heyden stated that the Fire Department did not make a comment about the right-of- way width. That comment came from the Engineering Department. Mr. Hukill said this is another one of those issues similar to the parking stops discussed earlier this evening. The code states that the minimum right-of-way on a local street is 50 feet. He did not know how that was arrived at; however, there are reasons to have a 50 foot right-of-way. This particular proposal takes 24 feet out of the center for the pavement and the two valley gutters. That leaves 8 feet on each side, with a 5 foot sidewalk. That takes 5 more feet out of the 8 feet, so you have a 3 foot green space and the access to the utilities becomes questionable. With a wider right-of-way, instead of 3 feet, you would have 8 feet. He pointed out that the Boynton Beach City Commission has approved 40 feet in other areas of the city. His personal feeling is that the neighborhoods are very tight and restrictive as you drive through them. The code states the minimum is 50 feet. He recognizes that the purpose of a PUD is to try to come up with some total proposal that is better than the sum total of what is in the Land Development Regulations. If you feel that the 40 feet is part of what you need to compromise to obtain single-family homes on that property, that would be an important consideration. He thinks the purpose of 50 feet is to provide more space for utilities. Ms. Heyden suggested not compromising on the sidewalks. She stated that the lots are only 4,200 square feet, and she predicted there would be a lot of young families with children living there. She said sidewalks are used not only to stroll, but as a place for children to play when they have shallow back yards. Commissioner Bradley referred to the chain link fence and the Vinings I development. Mr. Wohlfarth stated that in the approval for the Vinings project, in the second phase, between the multi-family site and the single-family site, what was being proposed and will be built with the second phase will be a chain link fence with hedge material and trees. We 41 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 would continue it around to provide a buffer both for security and shielding from the houses to the road. The hedging material would be on the Vining side. The fence will not be seen once the hedging material (Cocoplum) grows in. Ellen Smith of Unger Smith and Associates represented the First Baptist Church of Boynton Beach, which is a property owner within the PUD. She referred to the consent submitted by the application. It was her understanding from talking to Mike Haag of the Planning and Zoning Department that you must have consent of the majority of the ownership of a PUD to submit a master plan modification. This applicant still has control of the PUD; however, it does not own the majority of the PUD. She respectfully requested that the proper consent be obtained or that the practice of requiring the majority of consent be publicly suspended. City Attorney Cherof has not seen the application, is not aware of the provision, and has not heard this comment from staff. Ms. Smith said Mr. Haag agreed with her assessment. She said the consent is only signed by this applicant. She asked if the master plan modification must be submitted by the majority of the property owners. She said this is an important issue to the First Baptist Church. As they sought to modify their approval, they have been stymied by this very issue. Mayor Taylor said we will have to research this issue. Ms. Smith said perhaps a condition of development approval could require such consent prior to the next action if this is final action tonight. City Attorney Cherof felt it would be premature to put that condition on it without having researched it. Ms. Smith asked what happens if there is not proper consent. City Attorney Cherof said he would then assume that she has standing to challenge the decision of the Commission. Ms. Cottrell stated that the majority of the property owners are present tonight. She advised that she could provide the appropriate documentation in the morning. Lisa Waters resides at 709 S.W. 4th Avenue, which is located along the north boundary of Pod 1 of the Woolbright PUD in Lake Boynton Estates. She said she and her neighbors are concerned about the request to reduce the north PUD buffer from 25 feet to 10 feet. She concurred with staff's comments 26 and 28 which are to deny the agent's request to reduce the north landscape buffer from 25 to 10 feet and to reduce the north PUD buffer from 40 and 60 feet wide to 20 and 25 feet wide. She did not believe the compromise suggested in comment 34, which talks about an 18 inch earth berm centered within a 10 42 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 foot wide landscape buffer, is good enough. She believes that the city should stick to its original commitment with her neighborhood and maintain the buffer as originally agreed. She said the proposed buffer plan shows essentially a tree and a fence. It is really not a landscaped buffer. She believes that the 25 foot space in the landscape buffer is key to the success of the PUD. She felt this should be judged in part by its continuity with the already established neighborhood to the north, which is her neighborhood. She also believes that maintaining the 20 foot buffer is consistent with the intent and purpose outlined in the city's Land Development Regulations which is to establish the PUD following all appropriate development standards and to promote all the good things that go along with the PUD and "the protection of adjacent and existing and future city development". She did not feel that the reduction in the buffer is consistent with that language and she requested that the Commission include the 25 foot landscaped buffer on the north PU D boundary as a condition of approval. She asked if it is possible to be placed on a mailing list regarding this project. She stated that as a working person, it is very hard to keep up with applications. Mayor Taylor was sure this could be accomplished. Commissioner Bradley pointed out the possibility of this development reverting back to the original plan if we deny this request. The benefit is clear about getting single-family homes as opposed to rentals. Also, there is a benefit in having a one-story unit or home as opposed to a much larger block type facility. He asked Ms. Waters to comment on this. Ms. Waters asked if Commissioner Bradley is saying that the allowance for single-family homes is dependent upon a 10 foot buffer as opposed to a 25 foot buffer. Commissioner Bradley said that is basically what the applicant is saying. They are bringing in a better product but they are reducing the buffer because they feel they need the yards for single- family homes. Ms. Waters said that is a very important point and is something that without knowing a lot of the background of where that originally came from, is difficult. It is a concern that there are multi-family units there. It is a concern that there are single-family with potential two-story. If she can be guaranteed that the single-family dwellings will only be single-story, then maybe there could be a compromise. Commissioner Bradley wondered what the applicant could do to the 10 foot buffer to make it satisfiable. Ms. Waters said if there is something more than a vinyl coated fence and a few single trees, then maybe there is room to compromise. She said maybe that has to do with the guaranty that the homes that backup to that will not be faced with a two-story house. Gary Lehnertz, 619 S.W. 2nd Avenue, was concerned about the fact that the applicant does not want sidewalks on both sides of the street when this is city code and would make things safer. Along with that was 40 foot streets. He felt we are crowding things in. He 43 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 did not think doing away with swales was a good idea. Swales work fine and provide extra buffer area and play area for the children. With regard to the 25 foot buffer, he said he intervened with the Department of Community Affairs with the city's Comprehensive Plan and the result of that intervention was an agreement that there would be a 25 foot landscape buffer with a berm and a particular setback for the Tradewinds properties. That 25 foot buffer and berm is supposed to have a significant number of native trees, shrubs, and ground cover. In fact, all that landscaping was significantly greater than what would normally be required by city codes. Commissioner Bradley asked City Attorney Cherof if it is true that in that document there is a specification to footage. City Attorney Cherof said, No, not directly in the document itself." He said it makes reference to the landscaping and the type of vegetation, but it does not refer at all to the size configuration of the berm. It references a landscape plan that was submitted and agreed to between the developer and approved by the city. Mr. Lehnertz felt the city has a moral obligation to attempt to promote and keep those types of agreements. The landscape plan was agreed to by all parties, and that landscape plan was a 25 foot buffer. He also pointed out that at that general time frame, there was also a plan that was floated by the developer to put single-family homes in this area. This is not the first time that we have seen a plan to put single-family homes here. He felt the developer has been consistently putting a gun to the city's head. Commissioner Bradley asked Mr. Lehnertz to comment on the benefit of single-family homes versus multi-family homes. Mr. Lehnertz did not agree that this should be the debate that we should be restricted to. He did not believe we should be restricted to operating only on the playing field that the developer tries to push us onto. Carol Fretwell, 713 S.W. 3rd Avenue, asked for clarification. She was concerned about the 10 versus 25 foot buffer. She felt compromise has already been made on several points. She did not see any reason for cowing over on this and felt the city was bending over a little too far. A homeowner at 706 S.W. 4th Avenue said his property abuts the proposed buffer. He would like to see a 25 foot buffer, but if that is not an option, he did not want a two or three- story building in his backyard. He would like to see single-family homes as opposed to multi-family. Everything around this project is single-story homes. A multi-family would not be aesthetic with the community. 44 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY21,1996 Vice Mayor Jaskiewicz felt it would be great if the developer met with the residents to come up with a better landscaping berm. The homeowner stated that there is a six foot stockade fence in his backyard. Beyond that there is a mound. If that would remain and have landscaping put on top of it, he would have no problem. Vice Mayor Jas,kiewicz said if the developer would agree to put one-story homes on the perimeter area adjacent to the homes, this might be more agreeable to the residents. A man who lives on the north boundary of this property was concerned about the buffer. If there is going to be a 10 foot buffer, he would like more information about a better barrier being put there. He also preferred single-family homes instead of multi-family dwellings. He asked about the price range of these homes. He also asked about the change in the recreation plan on the northern corner. Ms. Cottrell advised that the price range of the homes is $95,000 to $110,000. With regard to the recreation requirement, the developer selects five facilities to get his half credit out of eight listed in the code. Typically what you wind up with is one, two, or three of the facilities that the developer really wants to build, and he throws in the rest of the stuff just to meet the half credit. We have taken back all that throwaway stuff and the homeowners will get a pool. With the reduction in the buffer width, there will be more allowance for private recreation. The 25 foot buffer was proposed as a way to mitigate the potential impacts from having potentially incompatible multi-family next to an established stable single-family development. The Kennedy group is willing to offer that no more than one- third of those 14 lots that are adjacent to the north property line will be built as two-story and any two-story selected will be set back an additional 10 feet, for a total of 35 feet instead of the proposed 25 feet. Therefore, you not only have an adequate berm and landscape buffer. you have an additional setback and a limitation on the number of two- story buildings with a height limit of 30 feet. In order for singje-family to happen here, it is going to have to be feasible. We have to consider what the cost of maintenance and the reduced number of lots that are going to be achievable if we have to maintain 25 feet. Ten feet is adequate and far more than the code requires from rear yard to rear yard on single-family conventional designed subdivisions. The buffer plan that has been proposed by staff is acceptable to the developer. It presents both security and an aesthetic treatment and still allows for some rear yards that is useable for these homes. The developer is also willing to have a 45 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 restriction on the number of two-story with additional setback if that particular model is selected for one of the 14 lots on the north side. Vice Mayor Jaskiewicz asked how far the pool area is from the residences of Boynton Lakes. Ms. Cottrell said it will be set in the larger portion of the leftover space along S.W. 8th, in the south portion. The north portion is going to be green space. It will be 75 to 100 feet from those residences. The common recreation area will be concentrated in the recreation pod, and that is going to be a swimming pool. The only thing on the north property boundary is the private yards. You will have rear yard to rear yard on the north boundary. A woman asked if there is any reason why this cannot be redesigned so that it will provide a 25 foot buffer. She said it looks like the entire length of the north buffer is going to be reduced and part of that is multi-family. As you go farther east, it turns into some multi- family units. She asked if the 25 foot buffer will be eliminated there as well. Ms. Cottrell advised that this project only contains single-family homes. Mayor Taylor said Ms. Cottrell agreed that only one-third of the 14 lots will be built over one story. This means that 5 of the 14 houses could be two-story. Ms. Cottrell answered affirmatively. She added that it could be less, depending on which models the buyers select. There is an expectation that there will be some selected for the north area, and the developer is willing to increase the rear yard setback by an additional 1 0 feet. Vice Mayor Jaskiewicz asked if all 14 homes could be one-story. She pointed out that there are so many other places to put them. Mr. Wohlfarth said the reasoning behind it is the streetscape. They will all have the same look if they are all one-story. We found that sprinkling a few two-story buildings breaks up the monotony and creates a better neighborhood. He believes it will create a nice streetscape and also a nice rear scape. Mayor Taylor said the outstanding issues are 40 versus 50 foot wide streets and the setback. He stated that at the Planning and Development Board meeting, the people insisted on a 25 foot buffer. Now he is hearing that if it is single-family, maybe we can go with a 10 foot buffer. Mayor Taylor pointed out that a third of it is going to be two-story. He thinks the assumption is that if you go with a 25 foot buffer, that you are going to get multi-family, and you have a 10 foot buffer, you are going to get single-family. He was not sure that was true. He does not know if the project will go back to multi-family. He felt you have to go along with the people living there versus the people who may live there some day. The people wanted a 25 foot buffer. If we insist on the 25 foot buffer, they might build 46 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 multi-family. That is a chance we have to take. He pointed out that there will be at least five two-story homes. Mr. Lehnertz said there was originally supposed to be two-story multi-family housing in this area. The buffer was supposed to have a six foot high berm. On top of that berm was supposed to be a whole series of trees, minimum 15 feet high, 20 foot on center, which was essentially going to give you a 21 foot high landscape vegetation wall. Underneath the trees was supposed to be shrubs and ground cover. So essentially there was going to be a wall that was 21 foot high so that the people on the north side would not be able to see these two stories. Now you have two-story houses with a 10 foot buffer. The setback for the apartments was supposed to be 40 feet. Now all of a sudden you have 30 feet and they are looking straight down. He felt we have given up too much. Ms. Heyden stated that the original setback was 60 feet. Also, the buffer was originally planned to be a 3 to 1 slope with a live green wall 8 feet high. Mathematically and physically you cannot get a 3 to 1 slope with a four toot berm in less than 20 or 25 feet. In order to make it work mathematically, the berm had to be that width. Ms. Heyden also advised that the pool is only about 50 or 55 feet from the residences, not 75 to 100 feet. Commissioner Bradley asked her to comment about the parcel to the east that Ms. Waters referred to. He asked if there will be a 25 foot landscape buffer there. Ms. Heyden advised that this buffer is required because consistent with the master plan and the master plan for this portion, it was to be 25 feet because they have multi-family. They have to put in the 25 feet when Phase 2 is constructed. Condition 13 (the 40 foot sidewalks) was acceptable to Vice Mayor Jaskiewicz. She was concerned about having more density with the berm. Commissioner Titcomb felt we need to abide by the intent of the entire 25 foot landscape buffer. He said the applicant stated that the worse case scenario would be that each lot on the master plan would lose 2 1/2 feet in its redesign if we force the 25 foot buffer. Commissioner Titcomb felt it can be slid possibly a little to the south where they could make up some of that footage. He felt we should stick fast to the 25 foot berm. Commissioner Tillman was concerned about the existing community. He felt we need to maintain the spirit of the document in terms of landscaping and buffering. He would like the 25 foot berm. 47 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 Mayor Taylor pointed out that at the visioning conference we talked strongly about upgrading housing in this community. He did not see this as an upgrade in housing. He felt it was a lot of single-family crammed into small lots with miner setbacks, minus the proper width and buffering. He had a problem approving anything less than the conditions set out by staff. Commissioner Bradley agreed with Mayor Taylor about the rental versus single-family issue. He thinks that even if it is a small home on a crammed lot, there is pride of ownership and there is a real difference between the single-family experience and the rental experience. When this was first presented, Commissioner Jaskiewicz said she asked the developer to reconfigure the lots adjacent to the immediate property owners and to reconfigure the recreation area. She felt the neighbors should have the final say with regard to what type of housing they want adjacent to their neighborhood. She asked if the developer could maintain the buffer and reconfigure the homes. Mr. Wohlfarth explained the problem you have when you have an in fill parcel. He said there is a length and a width. You look at those lengths and widths and come up with a number of lots that can fit. In addition to city requirements, we also look at what the community would like to see as far as the depth of the lot. When you apply that, it ends up being the layout you have seen. He would be happy to eliminate the two-story units adjacent to the development to the north and limit the single-story along the northern property line. With regard to the buffer, our building heights are going down to a single-story building with a roof, which would be 17 feet maximum. Vice Mayor Jaskiewicz asked why the pool area cannot be in the center of the development. She was concerned for the children's safety since the pool is next to 8th Street, which will eventually have a tremendous amount of traffic. Mr. Wohlfarth said we are going back to the Planning Commission with this project. If we are down to an issue of the recreational area. we can take a look at it to see how we can reconfigure it. We could put some lots where the recreation area is now and put the recreation area someplace else. If the Commission strongly recommends this, we will try to accommodate this at the Planning Commission meeting. Vice Mayor Jaskiewicz absolutely did not like the recreation area adjacent to a main street and to an existing neighborhood. 48 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 Motion Commissioner Bradley moved to approve the Woolbright Place PU 0 master plan modification, subject to staff comments as alluded to tonight, which is to have a 50 foot right-of-way, to have two sidewalks, and to have a 25 foot berm Commissioner Titcomb seconded the motion. Mayor Taylor understood the motion to include Conditions 10, 13 and item 34 as printed. The motion carried 5-0. Description: Nautica Sound (FKA Knollwood Groves PUD) Karyn I. Janssen, Kilday and Associates, Inc. Alan Fant, GL Homes of Boynton Beach II Corporation Northwest corner of Lawrence Road and the L WD 0 L -19 canal NEW SITE PLAN: Request for site plan approval of private recreation, common area landscaping, and project signage for a 424 unit, single-family residential PUD B. Project: Agent: Owner: Location: Colleen Walter with Kilday and Associates was present on behalf of GL Homes of Florida, the developers of Nautica Sound. She stated that nothing done so far has been controversial at either a staff level or at the Planning and Development Board. She addressed three outstanding issues that were leftover from last week. The first issue is a change to the plans from what was originally submitted. At last week's Planning and Development Board meeting, we requested that we be allowed to incorporate a buffer wall within the Hypoluxo Road landscape buffer. Our required landscaping will be on the outside, or Hypoluxo Road side of the wall. We will provide additional landscaping on the inside of the wall. We reviewed this change with Engineering, Zoning, and Utilities prior to bringing it up at the Planning and Development Board meeting, and we had no objections from staff or the Planning and Development Board to this wall being incorporated in the buffer. We feel it will be an addition to the community to help buffer the project from Hypoluxo Road. One outstanding issue was in regards to the calculation of sign face area. She displayed the proposed signage for Nautica Sound and explained the way the sign code is written to calculate sign face area. When the letters are not on a decorative background, you would enclose them in a rectangle and calculate that square footage. We are proposing to utilize 49 -8~ (~~6;r NOTICE OF PUBLIC BEARING ~};) This is a courtesy notice of a proposed master plan amendment to Woolbright Place PUD. The proposed master plan modification, will be presented to the City Commission at its meeting on May 7. The modification is a request to change the housing type for Pod 1 from multi family units to single family home detached with a reduction in the number of dwelling units from 90 to 85. With this request is a proposal to reduce the north PUD buffer from 25 to 10 feet, reduce building setbacks along SW 8th from 40 to 20 feet and reduce the north building setback from 60 to 25. Copy of the proposed landscape buffer and master plan will be available at the meeting or is available upon request. HEARING DATE, PLACE AND TIME: City Commission: 6:30 p.rn. May 7, 1996 WCATION: Approximately 1,000 feet north of the intersection of Woolbright Road and SW 8th Street. ' MEEnNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7,1996 Mayor Taylor advised that this case is currently in litigation. He recommended that Ms. Pine submit her documentation to the City Attorney. The courts have reviewed this case and Mr. 51. Juste has been found at fault. Attorney Cherof offered to accept any documentation Ms. Pine wished to submit. He further offered to provide Ms. Pine with the names of the 10 attorneys representing Mr. St. Juste. Ms. Pine advised that an article will appear in the June issue of Readers Digest called "Mugged by the Government". The article is the result of a Readers Digest investigation of this issue. WITH NO ONE ELSE WISHING TO SPEAK, MAYOR TAYLOR CLOSED THE PUBLIC AUDIENCE PORTION OF THE AGENDA. VIII. DEVELOPMENT PLANS: A. Project: Agent: Owner: Location: Description: Woolbright Place PUD ............................................... TABLED Brett Nein - CCl Consultants, Inc. Howard Scharlin, Trustee Approximately 1,000 feet north of the intersection of Woolbright Road and SW 8th Street MASTER PLAN MODIFICATION - Request to amend the previously~approved master plan to change the dwelling units within Pod 1 from 90 multifamily dwelling units to 85 single- family, detached dwelling units; reduce the north PUD buffer from 25 feet to 10 feet, and reduce the perimeter building setbacks along SW 8th Stret and the north PUD buffer from 40 feet and 60 feet to 20 feet and 25 feet, respectively. add private recreation and establish recreation setbacks. Attorney Cherat recommended that this application be removed from the table. and that the public audience be opened to accept comments. The issue can then be tabled again. This procedure would eliminate the need for republication of the notices. Motion Commissioner Bradley moved to take this item off the table. Commissioner Titcomb seconded the 'motion which carried unanimously. Roy Essery. 118 SW 8 Court. lives in a small home in leisureville with a 55' frontage. There is only 6' on each side of each house, which amounts to 12' between houses. The plan proposed would have lots which are 42' wide. Mr. Essery feels they will be packed 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 7, 1996 in like sardines. Garv Lehnertz. 619 SW 2 Ave.. pointed out that one section of this application asks to reduce the north buffer from 25' to 10' and the perimeter building setbacks from 60' to 25'. As President of the Lake Boynton Estates Homeowners' Association, he intervened against the City in dealing with the Comprhensive Plan. There was a settlement agreement with DCA in Tallahassee which stated that this buffer would be 25', would have an 8' berm, and would be landscaped with native plants. There was also an agreement that there would be a setback of 40'. The City is bound to that agreement to make it a 25' buffer with the berm, landscaping and setbacks. He urged the Commission to abide by that agreement. Carol Fretwell. 713 SW 3 Ave.. explained that the map that was distributed throughout the neighborhood was not correct. It shows roads that do not exist. The people fought long and hard, and the City has paid dearly. It makes no sense to take shortcuts. She does not believe it is necessary to give anything more than is practical, logical, and reasonable. Ms. ~~ Fretwell said she will be back in two weeks to see how things are going on this application. Lisa Waters. 709 SW 4th Ave.. was glad to hear this application was tabled because she only received notice of this proposed amendment on Saturday. Because she works, she has been unable to visit with staff to learn what the proposed amendments mean to her and her family. She is concerned about the proposed reduction of the barrier from 25' to 10': She will do her research and return when she understands the impact to her property. Nancy Worrell. 712 SW 4 Ave.. is concerned about the buffer being reduced. She is not opposed to the change from multifamily to single-family, but she would like the wooded area to remain. Marvann Fornataro. 718 SW 4 Ave.. believes the City of Boynton Beach has an agreement to keep the buffer zone. When she purchased her home, she was promised a certain amount of land as a buffer zone. In addition, she bought her property for privacy. She is at the end of the dead-end street, and does not want the buffer zone changed. THERE WAS NO ONE ELSE IN THE AUDIENCE WHO WISHED TO SPEAK ON THIS PROJECT. Motion Commissioner Titcomb moved to table this project for two weeks until May 21, 1996. Commissioner Bradley seconded the motion which carried unanimously. Attorney Cherof advised that the following two projects will involve quasi-judicial hearings. He explained the procedures to follow, and administered the oath to all who would be testifying during the proceedings. 16 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 16, 1996 It( ~K VIII. DEVELOPMENT PLANS: A. Project: Agent: Owner: Location: Description: NationsBank Frank Choueiki Uncoln Property Company C. S. E., Inc. 2nd Avenue Realty 289 North Congress Avenue MAJOR SITE PLAN UODIFlCAnON - Request to amend the previously-approved site plan to include a 928 square foot building addition, a new auto lane addition, and an A TM relocation Mayor Taylor announced that during the Planning and Development Board meeting, the NationsBank representative stated there were no problems with any of the staff conditions, and they agreed to everything staff asked of them. Commissioner Bradley pointed out that this endeavor was made easier because the owner and the lessee worked together. Mr. Haag advised that NationsBank has agreed to every condition with the exception of moving the dumpster to the west side of the building. The Planning and Development Board agreed with that exception. Motion Vice Mayor Jaskiewicz moved to approve the Major Site Plan Modification for NationsBank. Commissioner Tillman seconded the motion which carried unanimously. B. Project: Agent: Owner: location: Description: rh~ Woolbright Place PUD Brett Nein - Cel Consultants, Inc. Howard SCharlin, Trustee A~roximately 1 ,000 feet north of the intersection of Woolbright Road and SW 8th Street MASTER PLAN MODlFlCAnON - Request to amend the previously-approved master plan to change the dwelling units within Pod 1 from 90 multifamily dwelling units to 85 single- fanily, detached dwelling units; reduce the north PUD buffer from 25 feet to 10 feet and reduce the perimeter building setbacks along SW 8th Street and the north PUD buffer from 40 feet and 60 feet to 20 feet and 25 feet, respectively, add private recreation, and establish recreation setbacks. Attorney Cherof advised that this application is for a master plan modification to the PUD. 15 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 16, 1996 The Commission's duty is to decide if the change is substantial or non substantial. Specific conditions can be referenced that would bring it to the category of nonsubstantial. There are 62 specific conditions which are recommended. Attorney Cherof and Mr. Haag spent up to two hours on the telephone today with the applicant's representative working through a large portion of the conditions, and the applicant will stipulate to those conditions this evening. The next step in the process, if this is nonsubstantial, is that it will go to the Planning and Development Board for their review. If they approve it without altering any conditions imposed by the Commission, it ends at that level. However, if it is altered or modified in any way, the application will have to come back to the Commission for review. The Planning and Development Board is meeting under an expedited process one week from tonight. If they do not concur with the Commission's recommendations, the application will be back before the Commission two weeks from tonight. Anna Cottrell. Dlanner. reDresentlna the aDDlicatlon for the oetltloner. said she spent a lot of time with staff reviewing the conditions. They are in agreement with the vast majority of conditions. She expressed appreciation for the time spent with staff, and apologized for not having an opportunity before the meeting began to request a postponement of this item for a couple of weeks. Ms. Cottrell feels most of the remaining items will be able to be clarified with staff. By allowing the postponement, Ms. Cottrell believes they will be able to come back and state that they agree to all of the conditions recommended. Some of the conditions need clarification for the record on what the effect might be and what the application will be on those conditions. The applicant has objections to several conditions and requires time to justify the proposal and make staff comfortable with the changes they are proposing. Ms. Cottrell specifically is referring to items addressing the landscape buffering and the street width. Attorney Cherof advised that the City has been proceeding under an expedited process, and this request to table would take the City off that track. He asked if Ms. Cottrell was waiving that procedure. Ms. Cottrell responded affirmatively and stated that the petitioner is fully aware of the ramifications of the waiver on the expedited processing. They are hopeful they can resolva all issues within the next two weeks. She will work with Attorney Cherof to develop a new schedule for review. She expects to return to the Commission at the next regular City Commission meeting on May 7. Vice Mayor Jaskiewicz said she was pleased to see that there will be ownership rather than rental property, and that the size was increased slightly. She questioned whether or not consideration was being given to reducing the number of trips. The lot sizes of the homes that are illustrated adjacent to the abutting neighborhoods are smaller than the ones 16 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 16, 1996 behind them. She suggested decreasing that strip by two homes, and making them 50' to conform with the abutting homes. Vice Mayor Jaskiewicz said she was amazed to see the recreation center on the outside perimeter, making it closer to the abutting neighborhood rather than the development. She suggests enclosing the recreation center within the development so that it will not have a negative impact on surrounding communities. City Manager Parker advised that there are two very important points to deal with. On the north property line, the original site plan called for multifamily uses with a 25' buffer. The design for this buffer was prepared by Gary Lehnertz. With the request for single family comes a request to reduce the buffer. The 25' landscape buffer was a previous condition that both parties agreed to. The net effect of not reducing it is that they cannot do the product they are proposing. Ms. Cottrell agreed that was her understanding. City Manager Parker said that if the Commission feels single-family ownership is more beneficial than multifamily ownership, staff needs to move forward in that direction. However, if the buffering and landscaping needs to stay, then staff needs to know that because both items may not be compatible. She reminded the Commissioners again that the buffer was approved, and there is no need to forfeit it. The City is very clear on that issue. Vice Mayor Jaskiewicz inquired as to the legal steps necessary to amend that to conform with single-family residences which require less buffering. City Manager Parker stated that the applicant is before the Commission to change the master plan. If the Commission approves it, it is a mutually agreed-to approval. Attorney Cherof said approval of the reduction of the buffer from 25' to 10' as proposed by the applicant would constitute a mutual waiver of that provision of the earlier settlement agreement. Mayor Taylor pointed out that the applicant was proposing 85 units, and staff proposed 74 units. He questioned whether or not agreement to construct 74 units would affect the buffering. City Manager Parker advised that staff was recommending deletion of those units from the duplex side of the development. Vice Mayor Jaskiewicz suggested that the applicant locate the recreation center on the duplex side if they agree to accept staff's recommendation for a reduction in the number of units. Ms. Cottrell said there are several issues. One of the issues is consistency with the settlement agreement. Since she is not as familiar with the chronology of the agreement as staff, she would like a little more time to effectively represent this project. In addition, another issue is whether or not their request constitutes a substantial or nonsubstantial change done in the same tradition that it was done in the past; for example, whether or not 17 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 16, 1996 there are additional adverse land use impacts associated with this change or whether potential land impacts have been reduced. Staff is pretty comfortable that this project will probably reduce some of the adverse impacts, but there is still a question abou1 how the buffer will be done where the lots meet the rear of existing lots. There is also an issue of whether or not those impacts are associated with the traffic. This is a more complicated issue because we are dealing with vested numbers of trips versus how the County now looks at vested traffic. Ms. Cottrell spoke with a traffic engineer today. Not all of the analyses have been completed yet to determine if there is additional traffic associated with this. Using gross calculations based number of multifamily versus number of single-family units, it appears there are 220 additional trips. There is a question, however, as to whether or not in a new analysis of this entire project, with all of the changes that have occurred, there is an opportunity to look at an increase in the amount of internal capture available so that the overall project would not be seen as an increase in traffic at all. Ms. Cottrell requested an opportunity to evaluate this situation and return with a much more solid proposal. City Manager Parker advised that staff is quite concerned about the traffic proposal discussed by Ms. Cottrell. The settlement agreement freezes the impact fees at the previous level, and our position will be that the vested trips is the number we are working with, not the current Palm Beach County concurrency standards. The applicant will not be able to have the earlier impact fees while using the current standards. The City will be very firm on this issue. City Manager Parker advised that she may seek City Commission authorization to hire our own traffic engineer to perform an analysis of this situation. There have been many changes to the original leases, and the City wants to be able to assure the community of the situation. Mayor Taylor is concerned about the traffic situation, and has no problem allowing the applicant an additional two weeks to evaluate this situation. Mayor Taylor agrees that single-family units are nicer than multifamily; however, he questioned, "At what price?" Commissioner Bradley feels the 25' buffer is a very important issue to consider carefully. If the Commission agrees to table this application, Commissioner Bradley would like a condition of that motion to be that the applicant notify the property owners to the north that there is a planned reduction of the buffer. Ms. Cottrell would not have a problem with this notification, and requested assistance in deciding on the type of notification required. She will work with staff. Commissioner Bradley also agreed that many changes have taken place, and the trip situation is a very important issue. We need to make sure we are "counting apples and apples and oranges and oranges". Mayor Taylor thanked Ms. Cottrell for her willingness and positive attitude in working with 18 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 16, 1996 staff to resolve these issues. Motion Commissioner Bradley moved to table this proposal until the next Commission meeting on May 7, and as a condition, that the applicant agrees to notify the property owners to the north of their planned reduction of the 25' buffer. The motion includes that the applicant is waiving the expedited process. Vice Mayor Jaskiewicz seconded the motion which carried unanimously. Ms. Cottrell confirmed with Commissioner Bradley that the notification would be to the property owners of the lots adjacent to the buffer. 1. j~l Ufl b. ,/ / , 0-~.~t . t i" . Discussion of drive through window location requirements i/t~-;~::~I / . 17 ~,;; IX. NEW BUSINESS: A. Items for discussion requested by Mayor Jerry Taylor Mayor Taylor advised that our City Code prohibits drive-through windows facing major roads. When he questioned the logic behind this requirement, the Planning and Zoning Department confirmed that the reason for this Code relates to aesthetics. Generally, the side of the building containing a drive-t~rough is very plain, and many times the roof cover that comes down above the drive-through window is also very plain and unappealing. Drive-through windows are usually located on the side of the building which does not contain the architectural features required on fronts of buildings. Therefore, if the drive- through window is allowed to face the major road, it is generally very unappealing. Mayor Taylor explained that Prime Bank would never be able to have a drive-through window because all sides of the building face a street. In addition, there is interest in the commercial property on Woolbright Road where Walgreen's is located. If the proposed project was to take place, a modern Walgreen's would require a drive-through pharmacy window. The only logical place for the window would be on the side of the building facing Federal Highway. Mayor Taylor feels that if appearance is the only reason for this restriction, then appearance could be addressed at site plan review. The side of the building with the drive- through window can be made to look as attractive as the front of the building. Mayor Taylor stated that he has never been offended by the sight of the drive-through window at McDonald's on Congress Avenue. Vice Mayor Jaskiewicz agreed that if the drive-through was buffered, and each case was treated individually, she would consider changing the requirement. 19 il 1 !j 1, ~it AJo- HfNJ 9L-00,- RESOLUTION NO. R95-~ :! A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BE'IWEEN THE CITY OF BOYNTON BEACH AND HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT PLACE, JOINT VENTURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Tradewinds Development Corporation and the City of Boynton Beach have heretofore been engaged in lengthy litigation over the development of property located in Boynton Beach, Florida, which litigation is subject to stipulations and judgments entered in Palm Beach County Circuit Court, Case Nos. CL 86-3661 and CL 87-1638 AE; and WHEREAS, Howard Scharlin, Trustee for Woolbright Place, Joint Venture, is the successor in interest to the rights of " Tradewinds and is the sole owner of the property which was the I subject of the above referenced litigation; and WHEREAS, the parties desire to enter into an Agreement, i which shall supersede all previous agreements, stipulations , and judgments concerning the rights of the parties as it I relates to the development of the subject property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT~ Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an Agreement between the City of Boynton Beach and Howard Scharlin, Trustee for ~ Woolbright Place, Joint Venture, which Agreement is attached :: hereto as Exhibi t H A II . " I II Section 2. That this Resolution Ii effective irrunediately upon passage. ! shall become PASSED AND ADOPTED this /<6 day of ~~V , 1995. , " I Ii :1 i ,I !I II II ATTEST: " :i~~~G<1L- : Ci y Clerk (Corporate Seal) '- Authei\l.doc Tradewindl.FinalAgr 4/12/95 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is entered into between THE CITY OF BOYNTON BEACH ("CITY"), and HOWARD SCHARLIN, TRUSTEE for WOOLBRIGHT PLACE JOINT VENTURE ("SCHARLIN") , this t;' /'? /, '-;' f~-~l ' 1995. /' . . ~ , day of WITNESSETH WHEREAS, TRADEWINDS DEVELOPMENT CORPORATION, acting for the Woolbright Place Joint Venture ("Woolbright") and the CITY have heretofore been engaged in lengthy litigation over the development of property located in Boynton Beach, Florida, which litigation is subject to stipulations and judgments entered in Palm Beach County circuit Court, Case No. CL 86-3661 AE and CL 87-1638 AE; and WHEREAS, Howard SCharlin, Trustee for Woolbright Place, Joint Venture, is the true party in interest to the rights of TRADEWINDS and is the sole owner of the property which was-- the subj ect of the above referenced litigation; and WHEREAS, Scharlin desires to enter into an Agreement with the . . CITY which shall confirm the good standing of the parties under the stipulations and judgements entered in the above referenced litigation, and; WHEREAS, the parties have engaged in negotiations which are intended to resolve 'all current and future development issues with respect to the real property identified in the above referenced litigation, including issues involving the interpretation of the previous stipulations entered into between the parties and the Court Orders implementing same; and Final 5/16/95 WHEREAS, the parties have agreed upon the terms that will bring the litigation between them to a final conclusion in a manner which is equally beneficial to all interested parties, and to the citizens of the CITY; and WHEREAS, SCHARLIN has represented to the CITY that Scharlin is the only party who holds legal title to the property which is the subject of this litigation and represents all those with equitable interests therein, or who has standing to enforce the Stipulations and Orders entered into in the above referenced litigation. NOW, THEREFORE, in consideration of the mutual covenants expressed and exchanged herein the parties agree as follows: 1. The foregoing whereas clauses are true and correct. 2. All references to SCHARLIN herein shall mean Howard Scharlin, Trustee as authorized representative of owners of 100% of beneficial interest in Woolbright, his successors or assigns. 3. INDUSTRIAL ACCESS ROAD: SCHARLIN shall construct the industrial access road centered within a 50' public right-of-way along the northern boundary of the PCD within twenty-one (21) months of the date of this agreement including, but not limited to, curbs and drainage. In return, the CITY agrees to abandon or convey to SCHARLIN the southernmost 30' of the industrial road right-of-way. The road shall be built in accordance with applicable design standards and with the typical cross section depicted on attached Exhibit.IA". The design shall incorporate ~ west bound left turn lane on the industrial access road onto S.W. 8th street, a sidewalk along the north side of the road from S.W. 8th street to Final 5/16/95 the eastern terminus of the road, with curbs and gutters along both sides, and a continuous ficus hedge along the property line which separates the PCD from the Vinings Developmenb. . 'SCHARLIN shall provide surety for the roadway improvements in the manqer prescribed by the CITY I S Land Development Codet. The CI'TY agrees that SCHARLIN may have no more than three (3) points of ingress and egress to the PCD from the industrial access road, provided the access points are located following the customary approval process for the location ,of drive~ays. 4. LANDSCAPE BERM. In addition to other berms or walls which are required to be constructed in the PCD or PUD, SCHARLIN shall construct irrigated landscape berm along the west boundary of the PCD and PUD, less the church parcel, within three months of the execution of this Agreement. The berm height shall be measured from the elevation on the Leisureville side of the berm and may consist of five (5) feet of earthen berm and a ficus hedge. The berm shall be landscaped along its high point with a continuous ficus hedge planted and maintained in accordance with the memo dated May 11, 1995, a copy of which is attached hereto as Exhibit "C". 5. VESTING: The CITY agrees that any and all CITY and County impact fees which are required to be paid for the PUD and PCD shall be calculated at the fee rate in effect in November, 1986 and the CITY shall collect such 1986 impact fee from the applicant as development orders are issued and as a condition precedent to the issuance of any building permits. SCHARLIN shall pay all other building and permitting fees in effect at the time of applic~ion. Final 5/16/95 To the extent that a category of impact fee did not exist in 1986 and was thereafter implemented by the CITY and/or County SCHARLIN shall not be required to pay such fees. The CITY is not a party to any agreement between SCHARLIN and Palm Beach County regarding County impact fees. The CITY shall remit to the County any impact fees paid by SCHARLIN to the CITY for County impact fees but the CITY shall have no additional liability to SCHARLIN or the County if the County demands additional fees, and SCHARLIN shall hold CITY harmless from any such liability. 6. USES IN THE PCD: The parties agree that all uses permitted under current PCD or C-J zoning regulations are permissible in the boundaries of the current PCD, subject to conditional use approy~l.by the City Commission when so designated in the City Code". By way of example: fast food restaurants are a L: ~ per~itted use, restaurants with drive thru are a conditional use~ ~ . requiring Commission approval. 7. FORCED AIR BURNING: The CITY agrees to permit one (1) controlled air/forced air burning on the site, from the date of this agreement, subject to Fire Department approval and proper atmospheric conditiQns. 8. GARDEN CENTER/ACCESSORY USE: The CITY acknowled,ges that the Home Depot Outdoor Garden Center is an accessory use and that said Gardan Center ahall not be included as par~ of the re~ail gross leasable area. 9. REVIEW PROCEDURE: The CITY and SCHARLIN agree that the development review procedure attached hereto as Exhibit IIB" shall be implemented and applied to all applications by SCHARLIN for Final 5/16/95 further construction permitting on the property. The CITY further agrees that upon receipt of applications as required by applicable ordinances, it shall process maste~ plan modifications and site plans in accordance with the schedule attached as Exhibit "BIf. 10. SCHARLIN shall be required to bond all required subdivision improvements including on and off-site improvements required by CITX Code. 11. MASTER PLAN MODIFICATION: Nothing herein shall prevent SCHARLIN from seeking modification of the current master plan. Notwithstanding any previous requirement, additional commercial buildings need not be attached to the Home Depot Garden Center. Master Plan modifications shall be conducted in accordance with the procedures in place at time of application for same. 12. PHASE DEVELOPMENT: The CITY agrees that SCHARLIN shall have the right to phase development of the PCD and/or the PUD as - well as sever portions of the property from the PUD or PCD, provided, however, that the phasing of any improvements whi~h are required by the SUbdivision and platting regulations shall be in accordance with the revised master plans submitted by SCHARLIN and approved by the CITY, and phasing of said improvements is reasonably related to the land uses that are proposed in the particular phase. 13. ADDITIONAL CURB CUTS: Notwithstanding any prior agreement, SCHARLIN may request additional curb cuts along S.W. 8th street. Approval shall be Subject to customary review and hearing for traffic flow and safety considerations. 14. RELEASE AND SETTLEMENT: Upon execution of this Final 5/16/95 Agreement by both parties and approval by Court order all prior stipulations, agreements, letters of understanding, negotiations shall be deemed in good standing and satisfied and the future rights of the parties shall be governed by this Agreement and the applicable provisions of the CITY Code of ordinances, as that Code is amended from time to time. SCHARLIN shall provide to the CITY ~ a General Release from SCIlARLIN, ~d-,td-.4,k i2~{ Vjl'''4~)1l t~1 Ii WOOLBRIGHT PLACE, JOINT VENTURE, and MICHAEL MORTON releasing the CITY from all claims or actions accrued or outstanding which either has or may assert against the CITY, except those claims or actions which may accrue in the future based upon either party's failure to comply with any provision' of this Agreement. 15. COMMISSION/COURT APPROVAL: This Agreement shall have no force and effect until approved by a majority of the CITY Commission and the entry of an Order approving a stipulation for Settlement and Dismissal referencing the terms of this Agreement. 16. ATTORNEY FEES: SCHARLIN shall pay to the CITY Five Thousand ($5,000.00) Dollars, representing attorney fees and costs incurred by the CITY in this action. 17. CODE COMPLIANCE: The parties agree that unless herein stipulated, all current and future activities will be governed by City Codes and Regulations in force and effect upon the date of application for an activity. 18 . REQUIRED IMPROVEMENTS: SCHARLIN agrees to complete construction of all required improvements includinq, but not limited to, the industrial access road referenced in paragraph 3 Final 5/16/95 above, and previously required landscaping. SCHARLIN further agrees to provide 110% surety for all required improvements and to complete the required improvement within twenty-one (21) months of tpe date of the CITY Comm~ssion accep,tanqe o~this ~greement. 19. RIGHT-OF-WAY LICENSING AGREEl-IENT: The parties agree that the Grant of License by the CITY to SCHARLIN as recorded with Palm Beach County on December 11, 1990 (90-352210, Official Record Book 6667, Page 103) remains in full force and effect. The parties agree to correct an error in the legal description contained therein. 20. ENFORCEABILITY: Nothing herein shall constitute a waiver on the part of either party to seek judicial enforcement of the terms of this Agreement. This Agreement shall be binding on all successors or assigns of SCHARLIN. THE CITY OF BOYNTON BEACH by: ATTEST: JAC/lms 900304 AGREE. 1 (CITY Seal) -,;}/ -91- rd Scharlin, Trustee of Wool right Place Joint Ventu . .' , .c.:'(,/?LLe/)! J~,L<-,,-/~ ./l.{ -e.J:,/~ ~~( 1/1 ~f;. .I Final 5/16/95 ~E~ ~~ ~ ~"2Es; fl't Q~~P;~ -I Ill\} 1\'\ , () ~~~~~ :t: oII"'ii~~ ~ f)f.. t 11\ ~ 6' ~ ~ ~ (';) tc ~~ ~ 6'C ~'\ ~ U_U 1\11 ~ ~ i: " 1.1 ...( d 0 3;~ ~ ~~ ~ ~ L. ~ f.I) ~~~'o f'1 ~ ~~ ~ b 9.~l f ~ .....7\1 :::i ~~L 0 '" ... lV 'lor ~ fL9~ ~ 0 ill ~ IJI .t "5i . ~h ~ ~ ~J. !I',~ D (; ~~ ~ -<. Z~~(i . ~t~ '-''4 'tt~ ~~ i t/tAJ .. I I II : I; I II . I ~ I I I I I )j ~ t t1 il, -a ~ .. n C. 10 o a J () .~ ~ '" * N... "" - ... 1.- . - :()) ~ ,. () ~ ,. ~ p- , "., ~"'''.( :: ~ ~ ~ ~ - .~, ~ -. ~ ~ '^ '. ~ r If, . ~ ~8; ,:: t ~~ . \! " t f l\ :: ;g~@ la' ~ ; N_ ~,~. ',' ~ "",-g!., ; T : 11 ' 'I'" t'-f= ~ (I 11 ; I . _ ~;li i "~I .... JI!I! .,~,^ '" "', I _ ~ I - ~ ... ~)A ~;i :r- ,,! ~~ ~ l: " ". ~"V] \l~~ - ~tJ' i~ ~ ~ ~. '" ~. If\ - oil: f\ \1\ .... 0, D rz.;w ~ :t 01 - ~ ~ r z EXHIBIT B The following procedure shall be implemented and followed by both SCHARLIN and the CITY in the filing and processing of all requests for development approval: step 1. SCHARLIN contacts the Planning Director to Schedule a pre-application meeting. , step 2., Written documentation outlining request should be submitted to the Planning Director no less than five (5) business days prior to pre-application meeting. This will permit the Planning Director to make appropriate inquiries of other staff members. step 3. Pre-application meeting with staff. Staff will provide comments at this meeting. step 4. Formal submission of application by Tradewinds. Step 5. Staff will review application within ten (10) business days. Step 6. Planning Director will provide written response on or before tenth (10th) business day following submission. Step 7. Application will be placed on the P&D ,agenda for next P&D meeting, if P&D meeting will occur within two (2) weeks. If P&D meeting is not within two (2) weeks, a special P&D meeting will be called. Developer may, at its discretion, request delay of the Planning and Development Board meeting but such request must be in writing. step 8. Following P&D action, application placed on next City commission agenda. Final 5/16/95 In the event that public notice is required by City ordinance or state law for public hearing, then in that event, the scheduling of meetings under step 7 and step 8 shall be extended to meet the notice requirements of law. Final 5/16/95 P ALM B~A<..:tl PHONE (~O7) ~~.?~~~ lBi5UQ-ViJl... COMMUNITY ASSOCIATION, INC. 1007 OCeAN DR1VI! I eOYNTON BEACH. 'LORlOA 330421 MEMO m ~12e ill I E ING_ ; To: From: Subject: Date: CARRIE PARKER, CITY MANAGEI. PETEll J. KELLY, PRESIDENT, PALM BEACH LEISUREVILLE MEETING REQARDING BERM ETC. 8TH A VB May 11, tg95 Today, r met with Mr. Houlihan. Mr. HaJJ and Mike Monon. ThIs meedna wu called toaether by Mr. Ken HaU. After discussion, the t'ollowina was IFeed upon pendin'lpproval ~ttho City Manapr. 1. Berm to be mjnimum or 5 teet hip with . 3 pl. Red., planted on top. This berm it co be tapered and hedse planted to point orlntetlectJon orold ct new rOld. 2. Hedse to b, continued itom thac point to the utlUty box on weat lide orlth Ave. and will be I '8al hedse. 3. Irris-tlon wiD be COMected Into pa Leltureville irriptlOJll)'ltem. 4.Mr, Monon will do the berm p1antiDa and hedaJna and all cOMecdons to UriSltion I)'Stcm. 5. He will be responsa'ble tor maintainiJllthe entire berm and be responlfblo ror tho itription. f . 6. PB LeisurevWe wiD maintain the hedS' itom the point orlnteraectlon to the end otthe hedS" We wiU also iniptl the area. AU tho abovI condJtloftl .... IFood upon only Iftbty IF'll with the conditions let forth by Ms: Carrio Parker, at)' Manaler. Thank you. ,.... tJt,.J Po.'" Fax Noll ,. (/ CoJClIpL 1811 Od Co. ..,... 'H>1,~7?-"tI u. It u ----f:"l C . ~" .u. . - ~.. . w~, ."""......, """...._..._ _ __._ " THIS INITIKMENT PUPARiD IY &. RETUAl TO: . , ~. A. tHEROf, IICIUJ III JO$IAS &. GOREN, P.A. 3099 "a1: COIIIWCial IClul..,.rd Sui1:. 200 Fort: Laud8rdal., fL 33308 DNBDL ULBU8 KNOW ALL HEN B~ 'I'HESE P:kES~NTS: That WOOLBRIGHT PLACE JOINT VEN~~E, first party, for dnd in consideration of the sum of Ten and NO/100 ($10.00) DOLLARS, or other valuable considerations, received from or on behalf of THE CITY OF BOYNTON BEACH, second party, receipt whereof is hereby acknowledged. (Wherever used herein the terms "first party" and "second party" ahall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wharever the context so admits or requires) . HEREBY remise, release., acquit '_Isatisfy, ~for8~e~r discnarQ'a - .....L /~ i~ 'tN. ~~f*lr-: -r~'" ~"~~4_t ,. ^. ..eo - ~ Hf!'<I.~ _.T......I' the said second party I ~~c.c.'illidf:rgi.tf ti't~,~Ila-all "~r 4. of act10n f and actions, causa and causes or action, Buita, debts, due., sums of money, accounts, reckonings, bonds, bills, specialties, covenants, .. contracts, CQntrovers1e., agreements, promises, variances, trespassec, 4amagQs, judgments, executions, claims and demands whatsoever, in law vr in equity, which said first party ever had, now has, or which any persona1 representatives, successor, heir or ..sign of said t~r.t pa~y, hereatter can, shall or may have, aqainst said second party, tor, upon or by reason ot any matter, cause or thing- ~"hat'~oever, from the beqinning of the world to the day of these pr,esents. IN WITNESS WHEREOF, I bave ~"lereunto set my band and seal this ~ day of AMimJ,J.f , 1995. Signed, sealed and delivered in the presence of: (~().,. .J~d / . y~. ('}L 0 Ar//IA. ~~nt!n~ Printed Nama, CJ) Ala ~ ~.V~~:- print~ Name ~. ~'-'~'""",- / BY:,..'/ 6 LACE JOINT VENTURE /t-. STATE OF FLORIDA ) ) COUNTY OF ) I HEREBY CERTIFY that on this day, before ma, an officar duly authorized to administer oaths and take acknowledgements, personally appeared'HowarJ Ji..-. .i'..krll~ the o//..J.J/ra at WOOLBRIGHT PLACE JOINT VENTORE, known t.o me t.o be the person described in and who executed the roregoing instrument, who acknowledqe before .. that he axecuted the .ame, is personally known to me and an aa th was not t.aken. - ... ...-... ., .... ... Witne.. my hand and off;Lcial ...al in the County and State last aforesaid this ..,ju. '.' ~ay . al'_J.f)",~Hfi,.#(' , 19t.L.. <fi./~~4.. J~d / NOTARY PUBLIC )' Printed Name My Commission Expires: JAC/l_ 900304 ~L.RT.RIL . . . ...... "'" ICINIA SANCHEZ NOI'AD PURJC 5rATE OF FLORIDA CDMM&ION NO. CC381140 Y COM" IX . U ~..,... THIS INSTIUMEMT PREPARID IY & RlTUU TO: oWlES A. ClIOOf'. IIlQUIU JOIIAI & GOREI. '.A. 3099 E.'t C....rci.l Ioul."..-d SufI. 200 Fort Lauderdale, FL 33308 .,,! GBIlERAL RBLBASB DOW ALL MEN BY THESE 'PRESENTS: That HOWARD SCHARLrN, tirst party, for and in consideration of the sum of Ten and NO/lOa ($10.00) DOLLARS, or ather valuable considerations, received from or on behalt ot THE C~TY OF BOYNTON BEACH, second party, receipt whereof is hereby acknowledqed. (Wherever used herein the terms IIfirst party" and I. second party" shall include 8ingular and plural, heirs, legal repre.entativ.., and a.signs of individuals, and ~e succ..sors and assigns of corporations, wherever the context 80 admits or requires) . HEREBY remise, r.Qleas~, ac~it, satisfy, and forever discharge I (fj Ilo)i.....~ eoe.&f+l- "f~ ptOllld~l;c";,,, Sf+fl~ ~/"~ bC!:~((I\,' Se!o..ca.r'\i.... -,Of ~:~ ~'l.'t~ "B ~ I\.'T.Cb-. the said second party ot and t::-om al , and a 1 manner of action and actions, causa and causes of action, suits, debts, aues, sums ot money, accoonte, reckonings, bond., bills, specialties, covenan1:s, contracts, cont:r'oversie. , a9raamen1;., pJ:'oID1..., variances, trespas.e3, damftg8., judqaents, executions, claims and demands whatsoever, .Ln law or in equity, which said first party ever had, now has, or. which any personal repr..entative., successor, heir O~ aSR19n 0:; iiai~ i.'1rst party, hereatter can, shall or may have, against said second party, for, upon or >>y reason or any mat.ter, caus. or' thinq what.aoever, from the beqinninq ot the world t.o the day althese present.s. IN WITNESS WHEREOF, :r have hereunto set my hand and ..al 'this gt/L day of tVQI/(~W " 1995. signed, .ealed and delivered in the presence of: ~ H~ Ill: .g,,~/ J<~/I;a. .fQn~ht"z I Printed Name ~ ~~~ E\J&~et:~~ e. VldA~~ Printe Name, '7j~;/ i HOWARD SCBAR6N-- BY: Si'A1'2 OF FLORIDA ) ) COUNTY OF ,) :r HEREBY CERTIFY that on this day, before me, an officer d.uly authorized to administer oaths and take acknowledqements, personally appeared BOWARD SCHARLIN as of , known to me t.o be the person described in and 'Who axecuted the foreqoinq instrument, who acknowledge before me that he executed the same, is per~onally known to me and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid 1:his g,a. ..day of. 11J1I1I~"n."oI~ , 19~. ( ~/JLko.~~ / NOTARY PUBLIC J Printed Name My Commission Expires: JAC/l_ 900304 SCHAlL.lN .au ICINIA SANCHEZ NOI'ARY PlJIUC $fATE OF FLORIOA COMMI5ISION NO. CC3I1140 , MYCOMMlSSIONEXP. ULY4.1M.; RESOLUTION NO. /?P6-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN ADDENDUM TO THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT PLACE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach entered into a Settlement Agreement with Howard Scharlin, Trustee for Woolbright Place, a Joint Venture; and WHEREAS, an additional issue regarding signage for the Cracker Barrel store and restaurant is outstanding and subject to resolution within the context of the comprehensive settlement reflected in the Settlement Agreement; and WHEREAS, the City Administration and representatives of Howarc: Scharlin, Trustee, and the Cracker Barrel have met and reached a tentative resolution of the sign issue which requires Commission ~pproval. , I , I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized to execute on behalf of the City, an Addendum to the Settlement Agreement heretofore entered into between Howard Scharl in, Trustee, and the City of Boynton Beach. A copy of the Addendum is attached hereto as Exhibit "A". JAC/lrrll 2/2/96 900182.88 TRAOEWND.AOO Page 1 of 2 Section 2. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THIS ~ DAY OF /;i~,R<<A;f2V, 1996. CITY OF BOYNTON BEACH, FLORIDA BY:,4.JJY Mayor - '1''. -,. \~l (~ , ','.. ...J-" Vice Mayor ~./~/ Co issioner '- r Ji~:. eommissio~ -~~';"'~' "':"1 .J Commissioner ATTEST: .~ ~ ~ ~~~/ ICI CLERK I: , I I' ,I HEREBY CERTIFY that I have approved the form of this RESOLUTION I I! /- l - ! . ~A I ) , I , ,,'/' ,1-'~' -~/ ;'1(1.t{ (.. - ~ -.JAMES A. cHtROF CITY ATTORNEY JAC/lmh 212196 900182.88 TRAOE\JNO.AOO Page 2 of 2 03/lo"<i~ '" ,."..r ..."",. 12:10 FAl 1 ~Q7 241 0646 MORTON GROUP 141 00 /f9~ - /..; Ann~NnT1M Tn g~TTL~ AGR~~ THIS ADDENDUM is entered into this 6th clay of February, 1996, between the CITY OF BOYNTON BEACH ("CITY-) and HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT PLACE, JOINT VENTURE (. SCHARLIN. } . WHEREAs, the CITY and SCHARLIN have heretofore entered into a Settlement Agreement which bears the dated of November 7, 1995, and which was signed by the CITY on Hay 17, 1995 and by SCHARLIN on June 21, 1995; and WHEREAs, an additional issue of signage for the Cracker Barrel store and restaurant has arisen which is susceptible to resolution within the context of the Settlement Agreement; ancl WHEREAS, the parties are amenable to amendment of the Set tlement Agreement by Addendum, leaving all other terms and conditions thereof fully and completely intact. NOW THEREFORE, in coneideration of the mutual (::ovenants expressed herein, the parties ~gre. as follows: 1. The foregOing .whereas. clauses are true and correct. 2. The Settlement Agreement is hereby amended as follows: A. A new Section 21 is added as follows: SCHARLIN shall be permitted to locate one pylon sign on property, to be conveyed to Czacker Barrel, adjacent to the Interstatfl 95 for the purposes of signage for th~ Cracker Barrel store and restaurant bei.nq constructed in the Woolbright Place PCD. The sign shall be of a si%e and configuration as depicted on Exhi bi t - A. and shall be solely limited to i~,ti~ing the Cracker Barrel store and restaurant. There shall be no directional language in the content of the sign except · Exit .. _, 03/18/96 liON . "". , ~ J...,Lw ~. v ......a 1 407 ~41 O~~l:i llO!< T()[. G!<{JuP ~, " West-. In all other respects, the sign ShAll be constructed in accordance wi th the applicable Building Code. ApprovAl of this sign is conditioned on the construction and operation of the Cracker Barrel store and restaurant in the Woolbright Place Pen I POD. In the event the Cracker Barrel Subsequently ceases operAtions, the sign and sign structure shall be removed with a period of 90 days fOllowing the ~iscontinuance of that business. B. Paragraph 150: the Settlement Agreement shall be amendea as follows: COMMISSION APPROVAL: This Agreement shall have no force and effect until approved by a majority of the City Commission. THE; CITY OF BOYNTON BEACH By: ATTEST: (City SeAl) ~ H ~ CHARLIN, Trustee of Woolbright Place Joint Venture JAC Ilmh 900304 ADCENDUM. 1 I..J'.\)OLB!l.-4.'f, tll \Plt\ ({;; ~e? r-o PI..{ D - ..-- ORDINANCE NO. 89-18 c AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY PURSUANT TO AN ORDER OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT BY REZONING SEVERAL PARCELS OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM R-1-A (SINGLE-FAMILY RESIDENTIAL DISTRICT), R-3 (MULTIPLE-FAMILY DWELLING DISTRICT), AND REC (RECREATION DISTRICT) TO PLANNED UNIT DfNELOPMENT WITH A LAND USE INTENSITY OF 5 . 0 ( PUD LUIS. 0 ), SAID P~CELS 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 APPLI CABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; 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 TRAPEWINDS GROUP, and ( the owners of the SUbject parcels, has heretofore filed a Petition with the City of Boynton Beach, Florida pursuant to Section 9 of Appendix A-Zoning of the Code of Ordinances, City of Boynton Beach, Florida for the purpose of rezoning certain parcels of land consisting of approximately 86.6191 acres (t) located within the municipal limits of said City, ( said property being more particularly described hereinafter, from R-1-A (Single Family Residential District), R-3 (Multiple-Family Dwelling District) and REC (Recreation ( District) to Planned Unit Development with a Land Use Intensity of 5.0 (PUD LUI 5.0); and WHEREAS, the city Commission entered into a Stipulation and Settlement Agreement which was approved by Judge Rudnick's Order Approving Settlement Agreement on November i 6, 1986, and subject to a further Order by Judge Rudnick on January 27, 1987, and subject also to a Mandate and Opinion "- ( ( ( ( ( ( , ( !-' by the appropriate. departments of the City government in accordance...wi th the Ordinances of the City of Boynton Beach, and the site plans shall also be subject to revie'N with respect to subdivision, platting, building permitting, and any or. all applicable rules and regulations 01: any governmental entity having jurisdiction land over development and building permitting within the City of Boynton Beach. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall become effective immediately upon_passage. FIRST READING this J:!!: day of ~Ll, 11 €- , 1989. SECOND READING and FINAL PASSAGE this~J~day of d u.... VI e- , 1989. CITY OF BOYNTON BEACH, FLORIDA ~ .... Commissioner ATTEST: ~ :&~ -8'~ City erk (SEAL) EXHIBIT "A" !1~~~!'r'Ufl~: OVEnI\l.I, r.u.o. 1\ 1"111'1'11111 0... :a':C'I'10N 29, 'l'Olftffillll' 4:; :;0 U'I' II , III\Nla': 41 f:M;"S', "1\1," 111:1\\;11 CIIIIN'I'\', 1"I,OlllUI\ IINU 1\ l'OIl'l'ION 01' "I.^,n: 1I0YN'I'Otf Cfi'I,^,I'I!S, "INI' I", I\f. IU;COllDED H' pL,II'r DOOK I J,' rl\GE 12 IIND "I.IIKE DOYN1'ON fS1'1I1Tf" "I.I\T 2", liS RECORDED IN 1'1 liT nOOK 14, PI\GE 11 IIND oLI\KE l'OYN'l'url J;!;TII'rEfi PLI\T J. , I\S RECORIlED IN rL1I1' nOOK 13, !'IIGE 5 J, 1\1.1. ltl TilE PUOI.IC nECORDS OF rllLI1 BEI\CII COUNTY, fLORIDII, ArlO IItlNG HORr. rllllTICULIIRLY DESCRIOEO liS FOLLOWS: ( comll;NCING liT 'I'IIE SOUTI,IEI\S1' comwll 01" 51110 SEC'I'ION 29, 1'OWNSIIII' 4~ !;OIlTII, IlI\NGI; 41 EIIS'I': TIIEl/CE N. 01 )4' 16" W. M.ONG TilE EI\S'I' I.IIU; 01' SI\IIl SI':CTION 29, ^ DIS'I'lItICr. 01' 1000.64 n:I':'I' '1'0 'I'1I1! rOHl'l' 01' 11I:(aNNINC~ or 'I'll IS DESCIlIr1'ION: TIlr.NCE S. B8 26' n" W., II ui f,'I'IINCE or 19J. 3D rEf.1' TO II rOItlT or ClJIlVlITURE: TIIEl/CE WESTERLY 1\1.01ll; '1'111: I\la: 01' /I CUIlVI: 1'0 '1'111: IlIGII'J' III\VING 1\ 1l/l1>lIlS ai" 1.000.00 n:I;'I'. ,1\ CEN'I'IlI\I. /ll/GLE Of' 10 42' 04", IIN I\IlC IlIS'I'IINCE Of 186.77 frrT TO 11 1'0111'1' or' REVEIlSE CURVlITUIlE, TIIENCE CONTINUE WESTEIlI,y IIl.om: 'nm /lIIC ai' II CUIlVr. TO 1'IIE 1.r.rT, III\VING II IlI\DIIlS 01' 1,000.00 FI:I:'I' , 1\ CEUTIII\\. I\NGI.r. or 10 42' 04", 1\11 IIRC DISTI\NCE Of' 186.77 1'1:1:'1' 'I'll 1\ "Oltl'l' 01' 'I'I\NGf.IlCY, 'I'III:NC': S. 1111 2(,' 13" W" II llIfi'l'I\NCI': 01' ~'1.l.1I1 Fl';I:'I' '1'0 1\ POIlI1' Otl CUItVE, '1'IIENCI~ SOU'I'IIEIlIoY /l1.OIlG 'WE I\I:C 01-' II CUIIVI': '1'0 'I'1I1! IllGlI'f WIIOSf. IlIlDIUS ImMtS S. 70 47' 23" W., II/1VIN\: II.. 1ll\I>IlIS 01' 1030.00 f1mT, II CEN'I'III\I. /lNGI,L: 01' 17 311' 50", MJ 1I1lt: OIS'I'I\NCE 01' SG3,64 FEET TO II rOINl' or T/lNGf.NCY: TIIENCE fi. 1111 LIo' 13" w., II 1I111>JIIL DIS'I'I\NCI, or no.oo n:E'I'1 'l'm:NCI, NOII'I'IIEItLY 1\1,01-1\; 'I'llI' /lIIC 01' /I CUIIVE TO Tllr: I.EI"I' /lIIVING /I ItMll m: or 1750.00 11:':'1', 1\ CI-:lll'III\.. MIG'.r: or 11 29' H", IIN 1\1It: 1l15'1'/lNCr: OF HI. 01 11':':'1': ','III':IIC.: S, 8U 26' lJ" W., II IlI5'1'IINCf: or 483.81 "':E'I' TO II l'OIN'I' (W IN'I'EItSECTlOtl wnll 'I'IIE EII5TERLY nIGII'I'-Or-W/I\ LINE or 'I'IIE I ,lit;!; Wlll:T1I 0111\1 NIIGI:: 01 STIIIC'I' CMIIII, r:- 4, I\S DE5CI\I/lEO HI QUI'I' CI,/lHI 1l1::1':1) '1'0 I,IIKI: won'/'II ORIlIUIIGr: DISTlllc'r MlO IIECOIIIlEIl IN 0.11. 110m: 21 H., P/lGI:: 11G '(\f" TilE PUlll.IC RECORDS or r/lL,., III;I\CII COUNTY, '1'111:11('1: N, 20 54' 51" W., II LOIlG SI\IO E/I f. 'I' II I GII'I'-Ol'-WIIY, 1\ III ::'I'I\NC'I: 01-' n1~.. 39 rr.I;'1' TO 1111 UI'I'EIISEC'I'IOII WITII '1'1Ir. wEs'rEIII.Y .'I:O.II:CTlOIl 01" 'l"1n; SOU'l'I1 LINE or "I'/II.~I OI!I\CII Lt::ISUlIEVILI,E SECTION 1", I\CCOIIIlING- "1'0 'I'IIE PLI\T TIIEIIEO.' liS RECOIIDED IN PLI\'I' DOOK 28, I'I\I:I:S 24) /lNO 24 4 01' TilE PUOI.IC RECORDS or PIILH OF./lCII COUlITY, f'I.01l1111l; ,'I'IIEl/CE N. 65 5 2 ~ 06" E., "".OIlG 51110' SOU'I'II LUIE, A OJ STI\IICE or, 24 0,35 FEet TO' TilE SOUTIIE/lST CORIIER OF 1.0'1' 4, BI,OCK 23 or SI\l\) "r/lL~' DE/lCII LEISUREVILLE SECTIOll 3"ITIIEIlCE N. 88 26' 51" E.. II DIS1'/lNCE or 60.00 FEEl' TO TilE EIIST RIGIIT-Or-WIIY LUrE or s.w,. 8TIJ:.:;TIIEE'I', 'I'IIEIICE N. 01 33' 09NW. I\LOIIG SI\ID F./lST LINE Of' S. W. 0'1'/1 S'I'III::E'r, /I OlSl'/lNCE or 1,640.00 FEE'r '1'0 TilE NOIlTIIWEST conru:1I 01-' LOT 12, DLOCK 20 OF SIIIO "1.IIKE DOYlI'l'ON ESTIITES PLIIT 1. I '/'11 1,:tI\: I,: N. 1111 26' 11" E., I\I.ONG '1'111: NOII'l'1I 1.INt: 01' S/110 '1I.0CK 20, II III fo'l'I\NCI: 01' 250.00 fEIl'l' 'l'O 'l'/lE NOll1'IIWCS'I' COIINEn or 1,0'1' 1 or r.1I'1I III.OCK 2U: 'I'IIENCI': S. 01 3J' 09" &., II DIS'I'/lNCr. 01' 120.0 f[:I:'I' 'I'll '1'111,: I;OU'I'IIWI:::;'I' COlUmll 01" S1\10 LO'1' 7, 'rIlCNCt:: N. OU 26' IJ" E., 11 01 STIINCI': 01' 50,0 FEET TO TilE sou'rIlEI\S'I' conNER or SA 10 LOT" 1 i 'I'1Il:NCI: s. III 'lJ' 09" E.. 11 OIS'J'I\NCI:: Of" 170.0 rl:ll'l' '1'0 1'Im NOIITI1!'1ES1' COIIN~'t 'Of' Lo'r 6. BLOCK :.11 OF AFORESIIID .LI\KE BOYrITON ESTIITE:; PI,IIT 2", TIIEIICE N. 88 26' 13. E.. A DISTANCE OF 50.00 1'1':1:'1' '1'0 '1'111, NOR'I'IIEIIST CORNEn 01" SIIID LOT 6, TIIENCE S. 01 33' 09. I:" /I IHS'\'IINCI! or 120.00 FEET TO TilE SOUTIIEI\S'I' CORNt::1I Of' 5/110 LO'1' of.; 'l'II~:ttC~: N.' UII 26' D" E. IILO.lG TilE NOIl'J'II I.INI:: or TilE SOU'I'II Ollf:- 111\1.1' I:; 1/2) 01' ULOCKS 21 MID 22 or 5/110 "LIIKt: 1I0YI/'roN ES'I'/I'I'ES rJ.II'1' 2", 1\ DIS'l'lIllCE or 1,150.75 I"EE1' TO TilE SOU'I'IIWl:ST COIWER or ..0... 6, DLOCK 23 01' SIIID "LI\KE DOYNTOII EST/lTES, PLI\T 2-, TIIENCE N. 01 34' 16" w. ALONG TilE WEST I.IHE Of DLOCKS 23, 181\, 18 "'ND 1111, 1\ l'ISTI\NCE or 110.00 fEET TO TilE NORTIIWEST conllEn or 1.01' 3, OLDer. 1 II 01' 1I('Olll:SI\ID "LI\KE DOYNTOII ESTI\TES, I'LI\'I' 1"; 'I'IIENeE EI\STERL\' /lLONG 'rill: .rR'f11 LINE OF S/lIO LOT 3 ALONG TilE IIRC Of ... CIRCULIIR C,'IlVE 'J'O '1'1\(; LEFT III\VING A RADIUS Of 390.36, A CIlORD WIlICII BEARS N . 04 44' 58" E., ... CENTRI\L /INGLE Of' 07 21' )2", IIH IInc 01 S'rI\IICE 01' 50.14 FEET '1'0 TilE NORTIIE/lST CORNER TIIEIIEOf" I TIIEIICE II. 01 J4')(o" W., II DISTIINCE OF 106.70 FEE'I' TO TII& SOll'l'IlF:IIST conNER 01' 1.0'1' 3, UI.OCt( 1111 OF 51110 "LIIKI': 1I0YN'I'Oll ES'I'/I'I'I:S, PLII'I'I",'I'lmNCl: S. 011 2(,' 13. W., II DIS'r/lNCC 01' 50.00 fEE'I' 'l'0 TilE SOU'I'IIWr::S'l' COIINEn or LOT 3. TIIENCE N. 01 34' 16" w. ALONG TilE WEST LINI:: or SAID LOT J, ... DISTANCE 01' 110,00 fEE'I' TO TilE NORTIIWEST CORNEll TIIEREOf I TIIENCE E"'STERI.r ALONG TilE NORTII LINE OF 1,0'1':. 1 , 2 IINIl 3 OF 81\tD DI.ocK 11/1, ALONe: Till!: IIIlC Of' II CI nCUL/lR CUIIVI': '1'0 'I'm: I,r:n', III1VINC 11 n/lOlm; 01' J52.92 1-"1::1;'1' /lND WIIOSI:: MOIUS POIll1' BEIIRS N. 01 34' 16" W., II/1VING II C&NTML ANGLE OF 25 09' OU., /IN IIRC DISTIIIlCE or 154. 9J FEE'I' TO 'l'IIE NOnTIIE/lS1' conNEll or SIIIO LOT 1 Aim TilE E1I5T LINE Of' BlltO SECTION 29, THEIICE 8. 01 )4' U" E. "'LONG 51110 E.I\ST LINE OF nCTION U, A 018TIINC& OV 3,023.49 FCC'I' TO Tile POINTOFDEGINNINO A ,/ ( c ( (' I , " ~ fJ1re City of tJ3oynton tJ3eacn ......... ,-!~ ...-',~~ . .,.-.~ ~5 0" -"'1 " , .;Mi\-U';-~77:' "i'..:....FI:i." - (:; I 4-'T 0~S 8643 23 1439 ...Ii. .f.. if "'I I" 100 ~. 'Boynton 'B~fr. 'BouUvartf P.O. tJJo~31O 'Boynton 'Beam,:FCoritla 33425.0310 City 1fJJfi: (407) 375-6()()() 1";;tX: (407) 375-6090 C E R T I F I CAT ION I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached Resolution #R95-28 consisting of one (1) page, Exhibit "A" consisting of one (1) page and Disclaimer consisting of one (1) page, are true and correct copies as they appear in the records of the City of Boynton Beach, FL. ," WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA this 2nd day of March, 1995. ~~~~ SUZ NE M. KRUSE, CMCfAAE CITY CLERK March 2, 1995 (SEAL ). fmas .9L~riaJ 's (jateway to tlit (julfstream - RESOLUTION NO. R95 .8 1~ c2J ot )p Y' r A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ~NING A 12 FOOT' WIDE UTILITY EASEMENT RUNNING APPROXIMATELY 200 FEET EAST OF AND ALONG SW 8TH STREET, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID UTILITY EASEMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHBREAS, CCL Consultants, Inc., agent for Howard R. Scharlin, Trustee for the woolbright Place Poo, has requested the abandonment of a 12 foot utility easement, running approximately 200 feet east of and along SW 8th Street, hereinafter described; and WHBRBAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board and the City Commission on the proposed abandonment; and WHBREAS, based on the foregoing information, the said utility easement no longer serves any useful purpose, NOW, THEREFORE, BB IT RESOLVED BY THB CITY COMMISSION OF THB CITY OF BOYNTON BBACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida by and through its City Commission, does hereby abandon a 12 foot utility easement running approximately 200 feet east of and along, SW 8th Street, located in the City of Boynton Beach, Florida and more particularly described in Exhibit MAN attached hereto. Section 2. The Mayor and City Clerk authorized and directed to execute and deliver Disclaimer and cause the same to be filed in the of Palm Beach County, Florida. are hereby the attached Public Records Section 3. This Resolution immediately upon passage. shall take effect PASSBD AND ADOPTBD this ~/ day of February, 1995. CITY OF BOYNTON BEACH, FLORIDA - - .- '~I ' ..........---" .,- ,'/ "/ '.. ...", " _. ...(,.. :.."{.~'--....,, .~. I I. ' May~) . - ve~<~ ,. .., \ , \:~\ Cbmm~ s~orter ! ,-1 C l> E ~ g -o~ - '" 0,_ if!:oCll =~ :.ci .' '? ~> AllAN, H-'l~. i~~J~1;,~OOlbr'WhtPVC ~~ >) .". ; :: (~ 1-' ~~ ~,_-:.I :-.. .) : .~ ;w -~ ATTEST: ~~~~{'~ Ci y Clerk C CONSULTANTS, .IC. ENGINEERS SURVEYORS PLANNERS 1200 PARK CENTRAL BLVD. N. SUITE 100 POWPANO BEACH, Fl 330U (30~) '7~-UOO POt.4PANO BEACH ORLANDO WEST PALt.4 BEACH CCL CONSULTANTS uffice ot the City Cled, '" City of Boynton BeacIJ P. O. Box 310 Boynton Beach, FJorfcN !3l15 IJRB 8643 pg 1441-A DOROTHY H. WILKEN, CLERK PB COUNTY, FL EXHIBIT "A" LEGAL DESCRIPTION: PORTION OF EASEMENT TO BE ABANDONED A PORTION OF THE UTllIlY EASEMENT DESCRIBED IN OFFICIAL RECORD BOOK 6651, PAGE 444, PUBLIC RECORDS, PALM BEACH COUNlY, FLORIDA, LYING IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY OESCRISe:O AS F"OLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE QUARTER (NE 1/4) OF SAID SECTION 29; THENCE NORTH 01'33'10" WEST ALONG THE EAST LINE OF SAID SECTION 29, A DISTANCE OF 434.24 FEET; THENCE DEPARTING SAID EAST LINE OF SECTION 29 AND PERPENDICULAR TO THE PRECEDING COURSE SOUTH 88"26'50" WEST, A DISTANCE OF 175.14 FEET THENCE SOUTH 01'34'16" EAST, A DISTANCE OF 155.00 FEET; THENCE SOUTH 88"26'1 S' WEST, A DISTANCE OF 835.00 FEET; THENCE SOUTH 01"34'16" EAST FOR 585.00 FEET TO THE POINT OF BEGINNING OF A 12.00 FOOT WIDE EASEMENT, LYING 6.00 FEET ON EACH SIDE OF AND ADJOINING THE FOllOWING DESCRIBED CENTERLINE; THENCE SOUTH 0;"34'16" EAST, A DISTANCE 310.00 FEET TO THE BEGINNING OF A CURVE, HAVING A RADIUS OF 1111.84 FEET, FROM WHICH A RADIAL LINE BEARS NORTH 88'25'44" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE; SUBTENDING A CENTRAL ANGLE OF 30"14'48". A DISTANCE OF 586.95 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 1091.83 FEET. FROM WHICH A RADIAL LINE BEARS SOUTH 58"10'56" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, SUBTENDING A CENTRAL ANGLE OF 04.03'19", A DISTANCE OF 77.28 FEET TO A POINT OF TERMINUS. SUBJECT TO EXISTING EASEMENTS, RIGHTS-OF-WAY, RESERVATIONS OR RESTRICTIONS, OF RECORD, IF ANY. . Property Cont~ol ,4' _ ,. .;//' 1108 -43-45 -2 9-2 9-003 -OOo.O'~'- ,..../ ,) ./ '1\ ~~... /iJ " A'~")''<;l\. ,. \ \ .,\-.,,\ \~ ,y \ ~ o\.r-\....\"'~ '" '1/ \ 1.~\\ N 1..1... o \. r- I- W W I (f) NOTES: , . REPRODUCTIONS or THIS SKOCH ARE NOT VAUD UNLESS SEALED WITH AN EIo4BOSSED SURVEYOR'S SEAL. 2. LANOS SHOWN HEREON WERE NOT ABSTRACTED BY CCL CONSULTANTS, INC. rDR EASEWENTS AND OR RIGHTS- Or-WAY or RECORD. 3. OATA SHOWN HEREON WAS COWPILED F'ROIo4 OTHER INSTRUl.lENTS AND DOES NOT CONSTITUTE A rlELD SURVEY AS SUCH. CERTlrICATION: I HEREBY CERnF'Y THAT THE ATTACHED SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST or Io4Y KNOWLEDGE AND IEUEF' AND THAT IT Io4EOS THE Io4INlllIU.. TECHNICAL STANDARDS SO FORTH BY THE rLORIDA STATE BOARD OF' LAND SURVEYORS IN CHAPTER 81 G17-6. rLORIDA AD~INISTRATIVE CODE. C <:'" ~ r-r REVISIONS SKETCH AND LEGAL REVISE SKETCH AND LEGAL REVISE SKETCH. LEGAL REVISE SKETCH DATE BY 10 14 94 L.T. t 0/1 8/94 L.T. 02/24195 C.K. 03/0ti95 l.T. ~ L . PRorESSION~ LAND SURVEY R 4790 NAND PERSAUD, P.L.S. DATE DRAWN BY L.T. STATE or rLORIDA :z: u Gc en::l CHECKED P BY N. F"lELD BOOK GRe ',643 P3 1441 ~ DISCLAIMER KNOW ALL DN BY THESE PRESENTS that the Ci ty of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon and disclaim an approximate 12 foot utility easement, running approximately 200 feet east of and along SW 8th Street, situated and located in Palm Beach County, Florida, attached hereto as Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ~ day of February, i 1995. I ATTEST' .<~. i . ~ '" ." to. '1 ~~~~+{;,~ Clerk 'I CITY OF BOYNTON BEACH, FLORIDA --c: .' . 1 "'-- L ta vi -,,-:'2- t t/~ ~-<.---- 'j , " , Edward Harmening, Ma~~ STATE OF FLORIDA ) )ss: ) I : I COUNTY OF PALM BEACH BEFORE KB, the undersigned authority, personally appeared EDWARD HARMENING and SUZANNE KRUSE, Mayor and City Clerk I respectively, of the City of Boynton Beach, Florida, known to me 'I to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNBSS my hand and official seal in the said State and County this 021 day of February, 1995. ~f P~~I~ of Florida My Commission Expires: fP--'. . 'u j: ,,~y.;:~':.~:\ !.~...;tT iv!. Fnft,lMTO I :.:: I .. ~_ . ..,.... ,.. . "" I'i': .... :', ,,,,,,'),,,~%::',C.\Hr,C:;!Jl~:.j7 , .~' "::;';i':~.,.rJ :.xP!fii::S. .~~il'~12l. i;':a I '.~ .... 0 . '.;,:::..;:.':'_ d~a '::u Nr,:at", I"J!li:c ;"'J6.;,,lile/1 11 . --