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:
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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
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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 . .' ,
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Final 5/16/95
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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.
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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~
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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
"-
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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: ~
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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
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~ fJ1re City of
tJ3oynton tJ3eacn
......... ,-!~ ...-',~~ . .,.-.~ ~5 0" -"'1 " ,
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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
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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 '
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ATTEST:
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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
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1108 -43-45 -2 9-2 9-003 -OOo.O'~'-
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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
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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.
~
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PRorESSION~ LAND SURVEY R 4790
NAND PERSAUD, P.L.S.
DATE DRAWN
BY L.T.
STATE or rLORIDA
:z:
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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:
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