REVIEW COMMENTS
'~'-.J ~
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-242
FROH:
Jim Cherof, City Attorney
Tambri J, Heyden, Planning & Zoning Director IJ-4J
May 30, 1995
TO:
DA'l'E :
RE:
Incomplete Shoppes of Woolbright and Woolbright Place
sUbdlvision improvements needing bonding (file nos, 470
and 769)
Regarding your request for the above-referenced information,
please see attached Plannlng & Zoning Department Memorandum No,
95-123; specifically items 1, 2, 5 and 9. Items 1 and 2 pertain
to installation of common area and right-of-way landscaping per
approved plans. I was unable to ascertaln whether the bonds
posted wlth the subject 1990 plats (Which I would presume have
explred) covered these two items. In any event, the revised
agreement approved by Commlssion at the last meeting (but not
signed by Mr, Morton?) reduces the degree of landscaping of both
these areas, Therefore, new cost estimates should be submitted
and reviewed by the City Forester,
As of a month ago, item 5 was still outstanding, Unless the
bonds have expired on this too, new cost estimates mlght be
necessary, A bond reduction may even be appropriate to reflect
the degree of completion of this lmprovement, In any event, the
City Engineer would be better prepared to address this matter,
With respect to item 9 (utility-related surety), at the end of
March, when it became known that some of this surety was about to
expire, the City Manger had advised the utilities Department to
work towards securing thlS surety, I am uncertain of the status
of this matter,
TJH/pb
Attachment
xc: Carrie Parker, City Manager
Pete Mazzella, Utilities Assistant to the Director
Kevin Hallahan, Forester/Environmentalist
William Hukill, Director Department of Development
c:wlbrQht.pl.242
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-123
TO:
FROM:
Carrie Parker
City Manager
Tambri J. Heyden J:-~' Ojtkytb-?J
Planning and Zoning Director~
March 23, 1995
DATE:
SUBJECT:
Responsibilities of City vs. Tradewinds Under
Settlement Agreements - Shoppes of woolbright PCD and
Woolbriqht Place PUD (file no.. 470 and 469)
Attached is the chart Jim Cherof had wanted which takes each
paragraph from the 1986 and 1989 settlement agreements and
categorizes it as either the responsibility of the City or
Trad~windl and indicates which have been completea and if so, the
aompl.tion date. You will nota that Borne of the paragraphs are not
appropriate to categorize and some which could be categorized
indicate that the information is not information that would be in
our files and that we could not get the information from the
appropriate department.
In addition to responsibilities addressed in the settlement
agreements, I have concerns regarding the following issues, These
concerns are not shared by all departments, however, these issues
have been lingering and in talking to other departments it is clear
that the status (other than that there is no activity towards
completion), as well as the required completion date, is unknown:
1. Landscaping of Morton's Way and S. W, 8th Street per approved )f
plans,
2, Landscaping of the pun common areas on the west side of S. w, ?(
8th Street per approved plans.
3, Continued implementation of the PCD/PUD tree preservation plan
(many trees are dead and non-irrigated; plans illustrating
relocation to buffers were never submitted).
\
4. \, PC~"t:k.ainage design into/t-JH~__f.!!~maste~storm_}"{~ management
'tract,~,i,ncludi~~ubmittal of conhrut:tion P-lans--;-TI
necessary.
5.
Completion of the pun master storm water management tract (the
monthly reports have not been turned in -- only one could be
found -- and Richard Staudinger had conditioned any further
permit approvals on completion of this infrastructure
improvement,.
K
,
6. The old S,W, 8th Street right-of-way has never been abandoned,
The west half of this 60 foot wide right-of-way would become
the property of 28 lot owners on S.W. 8th Place in Palm Beach
Leisureville. The east half would become the property of
Tradewinds and as noted on the settlement master plan, is to
be used to provide a passive, landscape buffer. Therefore,
the buffer has not been installed (landscape plans have not
been approved either),
7. The bUilding permit (#93-1759) for Racetrac service station
has exceeded the six month validity period and no extensions
have been requested, Comments were picked up by applicant
after 6/23/93, Amended plans have not been submitted.
8. At time of reviewing the Acme Plastics site plan, staff
discovered that Tradewinds sold to the church, property (1,4
acres) outs ide the pun that is zoned PCD, yet wi thin the
Woolbright Place PUD plat boundaries.
TO: Carrie Parker
-2-
March 23, 1995
9. The Utilities Department has indicated that they have found ~
copies of a letter of credit for blowing sand which expires
Tuesday (3/28/95), a letter of credit in the amount of
$363,000 for the completion of S.W. 8th Street which expires
Tuesday and a letter of credit for earthwork, including lake
excavation, in the amount of $50,000 which expires Tuesday.
This i8 all the information they had on active letters of
credit for non-utility improvements. I have no additional
information from Engineering regarding expired surety for such
required on and off-site improvements.'
Regarding utility-related surety, Utilities indicates that
there is a letter of credit for an off-site force main which
expires Tuesday and is complete, for which they have a bill of
sale, but no warranty (they don't feel the surety for this
needs to be extended or that a warranty would be of any
value). They have surety for a sewer line in S.W. 8th Street
which expires Tuesday and is generally complete, for which
they have no bill of sale (surety needs to be extended), They
have surety for a water line in g,W. 8th Street, which has not
received Health Department approval (surety needs to be
extended). They have no surety for utilities within Morton's
Way (surety needs to be posted).
Several of the above items would require reactivation of permits
that have expired.
TJH:arw
Attachment
xc: Jim Cherof
Bill Hukill
Pete Mazzella
....o12J,t1h,ar..
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 94-204
TO: Jim Cherof
City Attorney
FROM: Tambri J. Heyden 794
Planning and Zoning Director
DATE: June 21, 1994
SUBJECT: Tradewinds - Comments regarding revised settlement
agreement - File Nos. 469 (Woolbright Place MPM) and
470 (Shoppes of Woolbright MPM)
As requested by the City Manager, my comments regarding the draft,
revised settlement agreement between Tradewinds Development
Corporation and the City are as follows:
Page 2 and 3, Section 2, Industrial Access Road and New Railway
Crossing - It is recommended that the reference to inconsistency
with "planning forces" be rephrased. The planning reasons for
requiring the road - the City's subdivision regulations intending
that roads be extended to adjacent properties and to avoid access
from Ocean Drive to Winchester's property which does not meet the
subdivision regulations in terms of distance - have not changed.
The industrial access road is reflected on the recorded, final plat
of Woolbright Place. Therefore, in addition to revision of the
master plan, we discussed revising the dedication of the plat by
abandoning this public right-of-way through the abandonment
process, which I assume is required to change the status of a
public right-of-way, yet not mentioned in this agreement. Also,
part of the abandonment discussion was the new location of the
PUD/PCD zoning line which was to be moved to the north right-of-way
line of the industrial access road (platted as Morton's Way).
Morton's Way would then be dedicated as a private road (not a rear
access aisle or driveway of the shopping center) to serve
Winchester's property and the rear of the PCD shopping center. As
drafted, the agreement implies that the public right-of-way would
become an easement, not a private road, zoned PUD and encumbering
the rear of the shopping center property, with access rights to Mr.
Winchester.
Additional Signage (It is recommended that this become a section
separate from the industrial access road section) - Purchasing I-95
frontage property from Winchester for signage, without requiring
unity of title, would make additional signage prohibited, off-
premise signage located on M-1, rather than PCD, zoned property.
The new subdivided parcel would also have to meet lot dimension
requirements. This problem could be eliminated if the City were to
process a land use amendment/rezoning and require unity of title
PLANNING AND ZONING DEPT. MEMORANDUM NO. 94-204
Page Two -
for the new parcel. As drafted, the agreement requires only sign
compliance with the City's height and size limi ta tions , not
locational standards and without mention of sign program
requirements. Also, to avoid future uncertainty, the agreement
should address number of additional signs and who/which businesses
(anyone within the PCD, those businesses on the west side of 8th
Street, etc.) can advertise on the additional sign(s).
Page 3, Section 3, Vesting - Since this comes up frequently, it is
recommended that a sentence be added that "compliance with 1986
codes is intended". As written, the agreement does not resolve the
issue of "picking and choosing" different sections of the 1986 code
and the current code based on whichever is beneficial to the
developer, as happened with Racetrac. As discussed wi thin our
meeting, the only "picking and choosing" allowed would be current,
public safety codes and more stringent aesthetic requirements which
Mr. Morton agreed to comply with. The applicability of 1986
building/permitting fees is addressed, but not fees for site plan,
master plan, platting, etc. We discussed charging 1986 fees for
these as well, unless the application is a modification (replat,
master plan modification, site plan modification), in which case
current fees would be charged. If not addressing these fees allows
us to charge current fees, this issue becomes simple to deal with.
Page 4, Section 5, Wall/Landscape Buffer - To put this issue to
rest, it would be beneficial to include a statement that the 6 foot
wall is required, however, along the north boundary of the PCD,
between the PUD and PCD. Insertion of the word "PCD" before the
word "property" is recommended.
Page 4, Section 6, Uses in the PCD - This section does not address
whether conditional use approval is necessary (reference Section
6.F.5.a. of the zoning code). Would a fast food restaurant with a
drive-through require conditional use approval as is required in
the C-3 zoning district? Also, it was not intended to circumvent
use approval by the Planning and Development Board and City
Commission for uses proposed which are not allowed in C-3
(reference Section 6.F.5.c of the zoning code).
Page 5, Section 7, Master Plan Modification - It is recommended
that "types of" be inserted prior to "commercial uses". I strongly
advise that a master plan modification be required for all other
types of changes. Therefore, I would recommended that the last
sentence be rephrased to require a master plan modification for the
PUD and pen if changes affect size, configuration or location of
parcels designated for residential use and commercial use, as well
as access points to parcels in the PUD and PCD, intensity, density,
buffers and setbacks.
PLANNING AND ZONING DEPT. MEMORANDUM NO. 94-204
Page Three -
Pages 5, Section 9, Exhibit "F" (Expediting Submissions) - There
are ambiguities with the current agreement (attached) which I have
been informed by the previous director, caused staff to not follow
the agreement when processing the last two PCD site plans (Racetrac
and Acme Plast=ics). It is recommended tl..at this ay-reement be
amended to clarify the current agreement with respect to types of
documents to be formally submitted (since the current agreement is
not patterned after the 1986 site plan process or 1991, current
site plan process), how approval comments are rectified (part of
permitting documents or prior to), whether staff can require an
amended plan submittal, details of what "written documentation" is
to be submitted prior to pre-application meeting, whether the pre-
application meeting is held with all Technical Review Committee
members to field all departments I pre-review comments or just
Planning Director, as is currently done and whether the agreement
was intended for processing all types of development orders, even
PUD master plan modifications which require City Commission review
prior to Planning and Development Board approval.
I appreciate the opportunity to comment on these complex and
important matters relative to Tradewinds.
TJH/crnc
Attachment
xc: Carrie Parker
a: Tradewinds
MEMORANDUM NO, 94-185
TO:
Tambri Heyden, City Planner
Don Jaeger, Building Official
John Guidry, Utilities Director
Charlie Frederick, Recreation & Park Director
FROM:
Carrie Parker, City Manager
DATE:
May 31,1994
Please review the draft agreement attached between the City and Tradewinds, I
realize that many of the items are specified as included on the attachments, and we do
._not have any ~tt~chments yet.
We have requested Mr, Morton to provide those as soon as possible and will forward
them on to you when received, We are trying to get this item ready for the June 21 st
agenda, Please forward your comments directly to the attorney with copies to me,
Thankyo~, .
{&0{ MJ:
Carrie Parker
City Manager
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attach,
agree.mem
.)L\T BY.
'J i 7-94
15:12 ;JOSIAS & GORE\, P.A.
Boyn:on Ber. :ax;# 2/ 7
IN THE CIRCUIT COURT OF THR
15TH JUDICIAL CIRCUIT IN AND
POR PAUl BEACH COUNTY, PLOIU DA
CASE NO. CL-86-3661-AE
TRADEWINDS DEVELOPMENT COR?,
a Florida corpora~lon,
Plaintiff,
v.
THE CITY OF BOYNTON BEACH,
a Florida municipality,
Defendant.
I
SETTLEMENT AGREEMENT
'fHIS SETTLEMENT AGREEMENT is entered into between THE CITY OF
BOYNTON BEACH ("CITYU)
and TRADEWINDS DEVELOPMENT CORPORATION
( It TRADEWINDS I'), th i Ii
day of
, 1994.
WITNESSETH
WHEREAS, thG partiQs have heretofore been enCjagGd in lonq,
arduous, and costly litigation: and
WHEREAS, the parties have engaged in negotiations which
resolve all outstanding development issues, including i$~ues
inVOlving the interpretation ot the prev10us stipulations entered
1nto netween the pa~les a~~ the court orOers Implenenting same;
and
WHEREAS, the parties have agreed upon terms that will bring
the litigation b.atwE!en them to completion in a manner which is
equally beneficial to the CITY, to TRADEWINDS, and to the citizens
of the CITY.
NOW, THEREFORE, in consideration of the mutual covenants
e~pressed and eXChanged herein the parties aqree as follows:
,Sf\T BY
17-34
15: 13 :JOSI_-\S & GORE\. P.'-
Boyn:on Bch :ax;; 3/ 7
1. The foregoing whereas olauses are true and correct.
2. INDUSTRIAL ACCESS R01\D AND NEW RAILWAY CROSSINC: Tho
part.ies acKn0\11ec1ge that the railrced crossing at Ocean Drivo
cannot, wl~n any degree or certainty, be clo3ed in the foreaeeable
future. The obligat.ion or TRADEWINOS to con5truct the industrial
access road as referenced in paraqrapn laB ot the stipulation an~
Settleztent Agreement is inconsistent with both the current economic
_ and planning forces Which affect the property. The CITY shall
releasa TRADEWINDS of its obligation
industrial access road as previously
to locate and const~it~~~
depicted on the;M;~er Plan ~
~));t-
co~ditioned upon the occurrence of the following:
A. TRADEWINDS has obtained and has prov ided to the
City a letter from CSX Railroad which states that
~Q railroad crossing at Ocean Drive is not
scheduled for clcsurs and ~hat a new railroad
c1:'oBainq aligned with the industrial acces;5I. road is
not permitted. A copy of the letter is attached as
Exhibit riA".
B. TRADEWINDS shall provide the CITY with Q copy of
the agreement or Letter ot understanding with
William Winchester ind1ca~lng a9reement. between
Winchester and TRADEWINDS that:
(1) Winchester and TRADEWINDS agree to a
jrevision of the PUD Mas n abandoning the (""?
industrial access road as depicted on th~ J
Master Plan and denoting that road as a
2
~17-~4 1S:1:'; :J,)Sl:\S & WID. P..-\ - Boyn:9n Bch :~X:; t/ 7
'7. J.6'^ >r ~ ~ t'- ~
privat8 ....rvio.. &-toh~"m..nt righh j
9ranted from South~QGt 9th Street to tho CSX
Railroad right of way all as dGpictQd on the
~t"! tiY;
~\I
revised Plane atta.chea hereto a~ Exhibit "B".
i
(2) Winchester, pursuant to
the Letter of
understanding attached t.ereto as Exbibit 'C n
shall convey to TRADEWINDS real property
adjacent to the TRADEWIND5 property and
depicted on Exhibit "0". The CITY agrees that
Cadditional ~ can be located on the
property referenced in this subsection subjec~
/ ---
. ""~~~V..!? th~ heigbt and size limitations set
~~t"p /" .-"rth in the CITY's Sign ordinanc~. The City
J~~~~((~J( further agrees that it will issue, upon proper
IV" 0 0 ~V"Al" application and payment of fees, permits to
clGar thQ WinchQs.ter property of trraQS and
...,..--
underbrush, provided thQ proparty owner makes
reasonable a~~urance6 that he will thereafter
mulchi seed, and maintain the property.
J.
VEST IN':; :
The parties agree that TRADElUNOS :;.hall be
v~stQQ tor the purpose ot county an<1 Cll:.y impact tees
11vvember 1986.
TRADEWINDS shall co~ply ~lth al
they currently exist or, as they are amended hereinafter
by the CITY. ~~DEWINDS shall pay building and permitting fees
/ bc~s:ed upon
~ ~ We exist
tI
19a6 rates.
To the extent that a category of fee did
'Was thereafter implemented by the CITY,
in 1986 and
3
)
~~
....-
/
SE\~ BY
5-17-94
15:14 :JOS1AS & GORE\, P.A.~
Bnyn:on Bch :ax:: 3/ 7
TR~DEWINDS, it~ succaasors or assigns, shall pay such fees. This
provi3ion with respect to vesting i~ no~ tran~fQrablo, do~~ not run
wit.h the land, does not inure to t.he benefit ot subsequQnt
purchasers fTO~ TRADEWINDS, and i~ intended to be ~ benefit solely
'to lRADEW.INDS.
4. ~VIRONMENTAL INQUIRIES; The CITY agrees th~t all staff
communication wleh outside regUlatory agencies, environmental
group, organization, or individual, regar~1nq allegations ot
environmental violations or deficiencies on the TRADEWINDS property
s~all be reported to the City Manager's office prior to any staff
response being made.
The CITY shall direct it's staff to
coordinate all responses to
inquir ies from outside regUlatory
agencies through the City Manager's otfice. The city shall advise
':'radewinds of aD such inquires within three days followinq the
inquiry and shall not rQspond to ~he third party request. unless it
i~ a public ~Qcordc rGquGctl until throo days follovins notice tc
Tradawinds. ~~ ~~~tt/
5. WALL/LANDSCAPE BUFFER:' The CITY agrees to permit the
construction of a landscape buffer in lieu of a masonry woll on the
.pc:v
west side of theAproperty adjacent to the Leisureville community,
provided 1:he landscape but'l'er is cons't.ructea in accordance with tne
Plans attaChed hereto as EX!l1blt "E".
o. USES IN THE PCD: The parties agree that the rollowing
uses are permiss1ble in the PCO:
All uses permi tte4 under current pen or C-3 zoning
xegulat1ons, inclu4inq, bu~ hot limite4 to, fast food restaurants.
.
4
~E\T BY,
-;-17-34: 1,'5::4 :JOSIAS & GoRE\. P. ..-..
Boyn:on Bch ;ax:# 6: -
7. MASTER PLAN MODIFICATION: EKOQpt as required to dapict
the replacement of the indu~tria.l aCCElSS road with tho private
service roa~ as referenced above, TRADEWINDS shall not he roquired
to sUbm1t a peD or PU~ master plan modification if developrnen~~
modifications are limit~ to Changes in the~~ial u~ea~~ ~
Master Plan modification shall be requ1reQ tor the PU~ ~nd the pee
if changes affect the size, configuration or location or .f.~ .
~ 9 SI
designated tor residential llse~ ~~ ( ~
8. This Agrcemer.t modifies both the Stipulation and S~~
Settlement dated
and the Stipulation and Settlement
This Agreement is not intended
.Aqree.roent dated
~c rescind any of the provisions contained therein unless
spGcifically addressed herein.
In the event of any confl let
botwQ~n the tarm~ of thi~ ~qrQement and an earlier Agreement or
stipulation, the tQn~s of this A9r99ment ~hall control,
9. The parties have hat'atofora entered into an A9reem~nt
which describes the man,ner in \Jhich development submission&: are to
be f1@xpedited". The Agr.eement is attached hereto as Exhibit ttFI!.
This prior Agreement did not address Building Department process.
The parties now agree to be bound bY tne time controls set forth on
Exhibit nG" as they relate to Building Department subnllssions,
10. This Agreement shall have no force and ettect unt.il
approved by a majority of the City Commission and the entry of an
Order approving the stipulation for Settlement and Dismissal.
11. TRADL~INDS shall pay to the CITY
representinq attorney fees and costs incurred by the CITY in this
5
,~t,\1 K'!'
j-17-~4
i j:: j
: JOS I.b & GoRE\. P. A.--:,
Boyn:on Bch :ax::
.. ..
t, (
act.ion.
12. Wat.er and sewer capacit.y ha~ bsQn and remains reserved
~nd avail~ble for all property within thQ PUD or PID.
DATED:
DATED:
TRADEWI~DS OEVELOP~NT CORF.
THE CITY OF BO~NTON BEACH
By:
ey:
(corpot'a te seal)
ATTEST:
CITY CLERK
(ei ty Seal)
K:\WORK\1990\900304\AGREE
Rev: 5\11\94
6
~~
~
MEMORANDUM NO. 93-348
TO: Tarnbri Heyden, Acting Director of Planning & Zoning
Don Jaeger, Building Official
Jim White, City Engineer
Pete Mazzella, Assistant to the Utilities Director
Kevin Hallahan, Forester/Environmentalist
FROM: J. Scott Miller, City Manager
DATE: November 8, 1993
SUBJECT: TRADEWINDS
Attached hereto please find a copy of the verbatim transcript of
the Michael Morton discussion from the November 2, 1993 regular
City Commission meeting.
I would ask that you please carefully review this transcript and
respond in writing as to the status/progress of those specific
items that pertain to your department. As you mayor may not be
aware, Mr. Morton is claiming the items he notes (starting on
page 4) as outstanding issues that need be resolved reference
this development.
Please respond to this office by November 19, 1993. Thank you.
~
JSM: smb
c: Mayor & City Commission
John Guidry, Director of Utilities
Mike, Haag, Zoning & Site Development Administrator
Charles Frederick, Director of Parks & Recreation
t!ilf Ckft ?
Cw of ~?
wa.-ll
5, Lt-l, 8~
; V\d ~ t\- ( i,--C..(,/.5S
ft.J.. .
Mayor:
Matson:
Morton:
VERBATIM TRANSCRIPT FROM NOVEMBER 2, 1993 CITY COMMISSION MTG.
Re: Disc. with Michael Morton - Shoppes of Woolbright
All right, weill move on. Request of Michael Morton reference
relief from the construction of the buffer wall on the west
boundary of the Shoppes of Woolbright PCD (landscaped buffer
preferred).
Here we go again.
Good evening Mayor and members of the City Commission. We're on
the agenda tonight and I guess the heading is just part of what we
wanted to discuss. I've had several meetings with the City
Attorney and I had a meeting with the City Manager and I had a
brief meeting with Commissioner Matson. The issues that came up
were... back in October of 1991, Mr. Cherof and my attorneys, John
Boranick, myself and I believe Commissioner Matson, we met with
Judge Garrison to try to clarify some of the outstanding issues
that we still had that probably were going back to 1986 and then
possibly clarified in the 1990 Agreements between the City of
Boynton and this Woolbright Place PUD and PCD. Subsequent to that
meeting with Judge Garrison, he suggested or ordered, I don't
recall exactly how he worded it, that the City sit in mediation
with us and we had two mediation sessions. And during that time
Chris Cutro and Lynne Matson attended, as did Jim Cherof. And we
made a lot of progress. The problem was the recession and timing
and we kind of got bogged down and the issues have been sitting
around since February or March of 1992. And it's only been in a
recent timeframe that the real estate market is starting to re-
emerge and we've seen some activity on some of these properties.
Sitting through the meeting this evening I heard some of the
problems that are faced by Mel Simon and Eddie Deutsch in Quantum
Park and 11m sure a lot of other developers that have been in Palm
Beach County and other places in South Florida have felt the
effects of this recession. We certainly have too. One of the
problems that we tried to resolve was issues concerning expediting
the approval process for some of the submissions that we might
make. And on this last submission that we had, it was for a com-
pany called Acme Plastics which currently resides in an industrial
district here in Boynton Beach. And we would have liked to have a
10,000 sq. ft. facility built on a 5 acre out parcel. I
experienced a lot of cooperation with the City staff and with Mr.
Cherof and Mr. Miller, however, we did get bogged down on several
issues that could have been I think more easily resolved. And at a
meeting we had three weeks ago I was asked by the (sounds like)
owner-to-be of that property, Mr. Levinson, that if... please ask
the City to expedite these penmits, otherwise it might be too late
for him to be able to go ahead with this project. And we had a
full blown meeting with Scott, Jim Cherof and Scott brought members
of the staff. Tambri came to that meeting as well. And Pete
Mazzella I recall. Problems came up and subsequently we still have
not gotten the penmits for that building. It's not all the City's
fault. I take some of the blame because there were some issues
which we've tried to resolve but it seemed that new issues kept
coming up. As of tOday, we no longer have the Acme Plastics
contract. They've elected to cancel that and I know the City and
the developers and the owners put in a lot of time and effort to
-1-
Verbatim Transcript from 11/2/93
City Commission Meeting
Morton:
(con't)
Matson:
Mo rton:
Matson:
Cherof:
Matson:
Morton:
Matson:
Voice:
Morton:
Matson:
Morton:
Mayo r :
Morton:
Mayo r :
Morton:
get this done. And I feel that it's unfortunate that there were
some very minor issues that just couldn't be handled to make this
thing happen. Putting all of that aside for the moment, these
mediation hearings that we attended... we had a list of issues.
There were probably 16 or 18 issues that were on the table. And I
just want to run through a couple of them. Actually, 1111 run
through the whole list and we can pick the ones that we'd like to
discuss tonight or come back at the next meeting.
Can I ask you a question Michael? Just for a minute...
Yes.
...and Jim... as part of the appointed mediation team I don't
recall this item 1. Was that something that we had discussed in
mediation?
No. The first item is not.
Okay. It just didn't look familiar and I....
Which item?
Item. . .
...buffer...
Oh, the buffer wall?
Yeah.
Okay. I guess the buffer wall appears on the agenda but let me go
to the buffer wall and let's put that one to rest first. Back in
1986 when we used to fill up the Chambers with proponents and non-
proponents of this project, one of the major issues was how to pro-
tect the constituents in Leisureville from what would be presented
in this project. And that was both for the commercial and for the
residential. And part of the discussions at that time led to the
relocation of S.W. 8th Street. This large six acre drainage lake
that we installed....
Ah, Michael... the only thing really at issue here is the buffer
wall. Not all the other....
No, they're all at issue Mayor.
The only thing on the agenda is the buffer wall.
Well thatls a misnomer. I discussed this with Mr. Cherof. I mean
lid be happy to you know go through... the buffer wall was one item
but the rest of the items need to be discussed as well.
-2-
Verbatim Transcript from 11/2/93
City Commission Meeting
Mayo r:
Ag u il a :
Morton:
Aguila:
Morton:
Miller:
Mayo r :
Miller:
Morton:
Miller:
Mayo r :
Miller:
Mayo r :
Aguila:
Mayo r :
Well, but the only thing on the agenda is the buffer wall on the
west boundary. That1s all we have on the agenda. Welre not here
to discuss all the other problems... if there are problems.
Technically the Mayor is correct. Is there some reason why we need
to discuss the other items tonight? Has the urgency now left by
virtue of Acme leaving? Could we do this some other time? I mean
I have nothing in here except conversation about a wall.
I think the discussions that I had with both Jim and Scott were
that we had all of these outstanding issues that need to be
resolved. Why only the one appears on the agenda is puzzling to me
but the wall was one of the issues for Acme Plastics and...
So the other items donlt necessarily... are for Acme...
No, the other items are in general. I had discussed bringing up...
coming before the City Council and addressing the City Council over
all of these items and the wall and landscape berm was one of the
items that particularly pertained to Acme Plastics... to our master
plan.
The reason why the wall is on is because that's the only
outstanding issue that I have. Basically through our letter dated
October 22, 1993 from the City Attorney... you do not address any
other separate issues so if you were to ask me to write down what
the other issues are, I wouldnlt be able to do that.
I wouldn't want to go into the other...
I know that but 11m just saying that that's the reason why the wall
is the only item on.
Okay. Let me make the following suggestion if I might. Rather
than get into a situation this evening where we can't just move
along and perhaps some of these issues might be clarified for you
before the next meeting. Why don't we put this back on the agenda
for the next City Council meeting and by that time perhaps Mr.
Cherof and Mr. Miller and I could have met and gone over this list
of outstanding issues.
Ah, just for the record, lid like to have a list of those issues.
All right.
Okay?
That will be fine.
You two get together to talk about it...
For the record, weill have a... we can have a record of it right
now of what you claim are at issue...
-3-
Verbatim Transcript from 11/2/93
City Commission Meeting
Morton:
Mayor:
Morton:
Mayo r :
Morton:
Yeah, well Mayor, I was going to suggest that I run through the
list and then we'll have an idea.
Well, let's not talk... just run through the list, list the list
and let's not talk about every individual item, just give us your
wish list, the items that you claim are in contention.
Okay, I'm not... I don't think it's a wish list. I think that
these items were items that were contemplated under six years of
litigation. It's not really a wish list. Ah, the number one item
on my list was the divesting of PUD and PCD, back to November of
1986. And what dive~ting tn_.~_hft~lnc:1ow Qf .tim~,rea11.Y related to
as far as p 1 anni n-9-_J~~_lJeS_t-_zoningJssues, subdi vis ion ordinaDCf':!S
and Acme's ~itj[~es_ and all the other fees that would... may
have come along the pike since the 1986 Settlement Agreement was
put into effect.
+1
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t:nPl j
U-h'Y.
Number two on my list were envir9~meDtaJ,-L~~es that were discussed ~
back in 1986 and through 1990 when the Settlement Agreement went ~ ~
into effect. That included all our penmits, clearing, grubbing,
excavation, removal of gopher tortoises, scrub jays, etc. One of fttu"n'in,
the problems that we just recently ran into in that particular f.b~e~i
arena was that for some reason after having had the scrub jay issue ~/jA
come up in 1990, it suddenly reared it's head again and it needs to '~o'
be examined a~ to why it did, who did and the reasons for it and ~,
try to put thlS to bed as well. -, J
Number three on my list was we had discussed this several times in
the past and it's in our agreements and that's the reservation of
s.ewer and water capaci.ty.JJ2,c.t.h.i~pro..ie.tl.!. I don't bel i eve thefiT s
a problem in that area. I believe that the City has adequate sewer
and water.
4f3
Uf7l,
V1u...n;? ;.
I I m sure you do.
And it's not an issue but I just want, that was one of the items
that was on our mediation list. Ah, the next item I have is master ~Lf-
, plan modif;('ation~ on._the_...E..CD and pliO-. And that was on the letter
that I recently signed to try to expedite the Acme Plastics Fl~ni,
situation. And that was an issue that came up before the Planning
& Zoning Board as to how these master plan modifications should be
made. Chris Cutro had a comment that he put forth at the Planning
& Zoning Board but it's not to... we haven't resolved that issue
yet but I did sign the letter which indicated that the City Council
needed to pass their judgement on that.
The next issue is the la.nds..c~j)~byff~_L"y_erses the si x foot wall on
the PCD property line. That is on the agenaa:t6i1ight. Back in #:5"
1986, as I stated earlier, the City and the Leisurevi11e folks, Joe
Molina, etc., were very concerned as to what would be facing the ...JtTI'i.YI
Leisurevi11e folks and that's when we came up with moving S.W. 8th rw nt'
Street, putting in a drainage lake and putting a landscaped benm in
lieu of a wall. And we spent a lot of time and money in developing
plans, brought them before the City Council and it was approved
-4-
Verbatim Transcript from 11/2/93
City Commission Meeting
Morton:
(can't)
that there be a major landscaped berm installed. The benm would be
about six to eight feet high, earth benm, and then on top of it
would be landscaping material to buffer the Leisurevi1le project.
In going through this Acme plan, what we found was that even though
the master plan showed this landscaped benm, the subdivision ordi-
nance was in conflict with that and we suggested we bring the issue
before the City Council and try to get a clarification.
;ftb
.f: V7 t7\ '
agreements was that ,..s.w. 8th Street would be a four__.lan~ road ..,. Htivtrl'n
running through the PCD and then transitioned ..c;!..Q~I},__to three lanes. I /
and the City was going to acqui re right,:,of-w~s_.tC?[llJl....through la.k.e-
I!oynton Estates up to Boynton Beach .B1 vd. and ev_~tua 1 ~ we were
.9..'L v i,~.9..._~p~-=folir' T anefrght:o~r'::Wai._ - We we re--bu 11 ding th ree 1 ane s
and they were gonnao-ufTCfThree lanes through Lake Boynton Estates.
And that has since been... on some other agenda... and that... not
about to happen. So the suggestion that I brought up was that
perhaps we transition the four lanes down to two lanes at this time
so we don1t create a major thorough-fare through Lake Boynton
Estates. I already addressed the .expec;!.ited pr.oC:,E!~llJ1g and the sti-4f'1. f'
pulation that the City entered into with us about processing our _~
plans expeditiously. One of the items that was important to us was~n~t
modification of the PCD, the major portion of the PCD and the .-1- ~nlr1~
industrial access road that's on the north side of the PCD. We ~ ~ .f:
brought that issue before the courts in 1991. We di scussed it at ~ rlr1en)t-.
length at mediation. lid like to get that issue also resolved, how~nil't..4
that industrial access road can be incorporated into the PCD.
The next thing on the list was the notification of the S.W. 8th
Street road (inaudible word). The original contemplation in our
Ah, the next issue on my list is the 1986 Settlement Agreement_wa.s_
jncorparated as part of the 1990 -Se.ttJ.e.me(1t,_Agreements for
reference anly because that's where the lawsuit -tiega-n;'-Tn 1986 and
then tenminated with the 1990 Settlement Agreement. In the 1986
Agreement there are references to certain things which we didn't
agree to in the 1990 and may need some clarification by the City
Council. One of the items was in 1986 there's a part of our appro-
val process, we agreed there would be no fast food stores on the
commercial property. However, that was by reference in the 1990
Settlement Agreement and in the 1990 it was contemplated that on
the out parcel there could be fast foods.
One of the items which may have been a wish list, Mayor, was, so I
might as well adddress it now, was that we had come before the City
Council with a proposal to put a~]on,~1_QD~~~5. And unfor-
tunately it came just before election time and it was a good idea
not to pursue it. But we discussed this pylon at mediation or some
sort of signage along 1-95 which would be similar to that that
Quantum Park enjoys just up the block from us.
Ah, the next issue is on Boynton Beach Blvd., we had a six acre
tract and during our negotiations and meetings the City acquired
three and a half acres of our six acres to be used as a City park
-5-
:#1
Chero!--
.pULYl-n i v
*10
(y~~~cf
t1oJln'/r
'f5;u..~ [d. i II
~I/
1<ec. t
Pld...Vlf1it-1l
---
Verbatim Transcript from 11/2/93
City Commission Meeting
Morton:
(con't)
Miller:
Morton:
Mill er:
Morton:
Miller:
Morton:
Mayo r :
Morton:
Mayo r:
Miller:
Mayor:
Miller:
Mayor:
Aguila:
Mayor:
Aguila:
and the developer, as the developer, I donated a half an acre to
the Dick Webber Child Abuse Center so they could build a facility
on a half acre of the land and that left us with two acres. That
JWo acres was Jla.ct_M- th.emediatian process ~_C? be zoned wit~ some
~ that would be commensurate with what else is on Boynton Beach
Blvd. in that area and we never quite finished getting that
discussed. Now what has now come up is that the Dick Webber Center
has chosen not to go ahead with building that facility and has
reverted that half acre back to us and that the City has informed
me that they won't be building a park on the three and a half acres
and want to give that back to me as well. So we might have an
issue of what we should do with the six acres of land.
No we haven't. No we haven't.
Okay... What have we done... 11m...
We haven't given any land back to you.
No. It's not that you're giving it back to me. Under the
agreement I think you're telling me that I get it back for $60,000.
No we donlt. Thatls not what the agreement says....
Okay... well, this is why 11m here tonight, so we can interpret
what the agreement says...
Wait a minute. We're only discussing the items that are on your
list at this point in time to get them into the record. We're
actually only here for the buffer wall and nothing else.
Okay, well, I'm for that Mayor. No problem.
And I think we opened the door, Mr. Manager, by putting all
these....
No, I didn't ask for the record. I said he could very easily have
done it with a letter.
He could have. I think so too.
Okay? There also could have been a letter...
Actually, in effect this is just taking a lot of time when all of
these things could have been incorporated in a letter.
You're almost done with the list so why not...
Go ahead....
... so we can move on.
-6-
Verbatim Transcript from 11/2/93
City Commission Meeting
Morton:
Voice:
Ag u 11 a :
Morton:
Matson:
Cherof:
Matson:
Morton:
Matson:
Morton:
Matson:
Morton:
Thank you.
Don't be too sure he's almost done...
Well 11m counting... hels at 12... he said 16...
I think this works better than a letter because this way we can
kind of see how we all feel about things on my list. The next item
is Jetters of credit which have been posted with the City at
various times since 1986 for various portions of this project. And
you received a letter today stating that some of our letters of
credit have expired and 1111 make sure that gets taken care of.
#/2-
:B'1 C1,
U-h't
6A.; ld; Vl
)f f3
My last item is how we address under these f~ture uses, PUD and
PCD, so that we don't end up having another Acme where we spend a
lot of time and we can't get things approved. And have various ~ '
site plans for different types of uses on the PCD and different HAAn /;1.
types of modifications to the PUD and I wanted to get some clarifi-
cation from the City Council as to those uses. And basically
that's the list. And Mayor I apologize if I kind of blind sided
you with this, but I thought that this was something that I
discussed previously with the City Attorney.
Um, when we were in mediation, I donlt recall not only the wall but
the fast food item coming up. Was that part of... do you have that
in writing from Mr. Branick anywhere?
No.
The list gets longer... Michael...
...becomes a wish list you know... that's true. Itls seven years
of each of us trying to develop a property in the City in a way
that would work for both the City and for the developers.
My only point is we sat down as a mediation team in front of a
Judge with your attorney and our attorney and the zoning director
at the time and myself as an appointed mediator and I think we
were mediating in good faith but now there are other things thrown
in here that we never even discussed and...
Well Lynne you're referring to fast foods and the reason why they
came up was...
... the buffer wall...
...the reason why the fast foods came up was because in some conver-
sation I had recently with the City they referred back to this 1986
Agreement which prohibited fast foods in the PCD and the 1990 ~~l
Agreement does not prohibit that. That's the only reason that !
didnlt come up in mediation. It was a new issue. And as far as ~
the buffer wall, the original landscaped buffer was approved and .~
-7-
Verbatim Transcript from 11/2/93
City Commission Meeting
Morton:
(con't)
Matson:
Morton:
Aguila:
Mayo r :
Ag u il a :
Cherof:
Mayor:
Cherof:
Mayor:
Aguila:
Morton:
Walshak:
Aguila:
the idea being that Leisureville would have preferred to see a
landscaped buffer rather than a six foot high wall. And we sub-
mitted the plan and got it approved.
Do we have a record of that approval?
Well, welre all going through our records now to try to find where
those plans are. That was back in 1986.
It seems to me that the logical thing to do is what you just did,
you've provided us the list for the record. Let's muddle through
and see what the merits are of each point. I mean, a couple of
things caught my attention that I don't like, but if 11m stuck
with, 11m stuck with.
We 11 1 e tiS. .. .
We need to sit down and talk about them and of course we canlt do
that tonight for a lot of technical reasons. But letls find out
what the answers are to these things...
Mayor, 1111 be happy to resume the mediation process that we
started before. Most of these items were discussed. Many of them
were left with Mr. Morton having to take action with other property
owners, ah, pursue some regulatory agencies with respect to the
water and sewer. These are all things that can all be wrapped up...
.... at issue....
Weill pursue that in a meeting with him and bring it back to you as
a package.
That will be fine. Now, the wall. To the wall.
Urn, not having seen previous history, 11m uncomfortable making a
decision on the wall. 1111 tell you frankly, if you look at the
wall that is just on the other side of the canal, which is where
the bank...
... the eye center... an eye center.
Thatls the eye center.
... where they've been putting all the graffiti on the walls.
Frankly it seems to me it would be very difficult for these guys to
do graffiti, to put graffiti on an eight foot berm covered in
landscaping. And I would think that the folks at Leisureville
would rather see that. But 11m speaking out of term. I wasnlt at
the meeting and I don't know what they said and I donlt know what
you agreed to. I donlt have it in front of me. 11m not going to
decide on that.
-8-
Verbatim Transcript from 11/2/93
City Commission Meeting
Morton:
Matson:
Morton:
Matson:
Aguila:
Mayo r:
Aguila:
Mayor:
Aguila:
Morton:
Aguila:
Morton:
Aguila:
Morton:
Mayo r:
Aguila:
Mayor:
Matson:
Cherof:
Well, I agreed to the landscaped berm and that's what we wanted to
put in. I think we just got hung up on a technicality on the sub-
division ordinances different than what was approved on the master
plan.
Well my...
If I heard the Mayor correctly he said noise travels over walls and
he likes berms too, so...
My feeling is that if we've got an approval somewhere we've got to
have it in minutes. It's gotta be in minutes. If you can't find
the plan that's been approved, it's got to be in the minutes
somewhere.
If you can't produce the plan, you can't enforce it.
That's right.
So give us a chance to dig this stuff up and...
Weill revisit this issue. As far as I'm concerned with the graf-
fiti, walls are not always the best choice.
Now the urgency of the wall was Acme Plastics. Acme has chosen to
bailout....
At this time they seem to have walked away...
...so there's...
Well I think there's an urgency now to try to get all of these
issues resolved as quickly as possible.
I agree.
The real estate climate is changing and perhaps if we got these
behind us now we wouldnlt have to deal with them on an individual
basis in the future. lid like to be able to come back to the next
session of the City Council and get all of these items in a form of
solution.
Weill get as many as we can.
It depends on you providing and us providing the necessary infor-
mation to make an intelligent decision.
Exactly.
Do we have to go back to mediation?
I think that's the best format to discuss it. To get all the
issues on the table. To get staff's input on it. And then to
-9-
Verbatim Transcript from 11/2/93
City Commission Meeting
Cherof:
(con't)
Matson:
Morton:
Mayor:
Matson:
Mayor:
Matson:
Walshak:
Aguila:
Walshak:
Aguila:
Matson:
Walshak:
Aguila:
Matson:
Morton:
Mayo r :
bring it with staffls input to you so that you have a full
understanding of it.
Another mediation?
I'd like to avoid going to mediation. If you're comfortable with
that Lynne, lid be happy to go back but that opens up old wounds
and I think we should be beyond that by now. And we've all grown
up enough so that we can try to resolve these issues in the forum
that we have rather than have to bring it back to the Judge. The
Judge wasn't that (sounds like) kind last time.
I think that we should try to resolve as many as we can.
All right. Let's see what we can do.
And those we can't, well...
...welll go back to mediation.
I donlt think there's anything there that we can't resolve. I
didn't hear anything there that was earth shaking.
... put that road by my house... um...hum...
Hey, I want to go back to 1988 when we suggested as a Planning &
Zoning Board, and I think you were on as an alternate then....
No, I was in school... I was in school. 11m sure I wasn't there.
I do have...
...that that road be narrowed down to two lanes through there to
avoid a speed track.
Oh yeah. And it is one now. Imagine if you put a third lane
the re.
I do have one suggestion. lid like something in writing either
from us to you or from you to us stating that these are the issues.
I don't want this to be like "son of issue" and "son of son of
issue.1I You know, there has to be a stopping point somewhere,
Michael.
I think this is a good time....
It will never stop as long as the City Commission is in a mood to
grant favors or grant wishes. We will resolve what we can resolve
and those we cannot resolve, as far as this Mayor is concerned,
will go back to Court and let the Judge resolve.
-10-
Verbatim Transcript from 11/2/93
City Commission Meeting
Morton:
Mayo r :
Morton:
Mayo r:
Morton:
Walshak:
Mayo r:
Morton:
Matson:
Morton:
Matson:
Mayo r:
Matson:
Mayo r :
Ag u il a :
Matson:
Mayor:
Agu il a:
Mayo r:
Matson:
Mayor:
Miller:
Well, there were three Mayors before you Mr. Harmening that had
that same attitude. I think the issue really is to try to do these
things amicably...
... 11m (sounds like) with you....
... forum... and not take the attitude that we need to go back to
Court to get them resolved.
... no....
It's really not a wish list. Itls a...
That's his opinion, Mike. One person.
live already said 11m in favor of resolving all that can be
resolved.
Okay. Good.
Letls get together on what the issues are.
Okay, because I'm not inflamatory. 11m in a very nice, calm, easy
mood these days. Thank you very much.
Weill get together and agree on the issues.
To get this off the agenda, letls have a motion...
motion to table....
to table it.
Well, we donlt want to table this issue. We want to get rid of
this issue all together and come back and do the 16 point list.
Move to delete this from the agenda.
I think that's better.
All right. Second.
Itls been moved and seconded to delete this from the agenda.
...delete something that we just discussed....
And to instruct the City Attorney and the City Manager and Planning
staff to meet with Michael Morton and attempt to resolve, as much
as possible, these issues.
I'm also going to ask the City Clerk for a verbatim on these
issues, as stated.
-11-
Verbatim Transcript from 11/2/93
City Commission Meeting
Mayo r:
Matson:
Miller:
Matson:
May 0 r :
Well, if we research....
That needs to be a sub-motion because we have to vote on verbatims.
Do it.
Okay. So letls take care of this motion and then 1111 make another
motion about verbatim.
All right. All right. All in favor of this motion, say aye.
Voices: Aye.
Mayo r :
Matson:
Voice:
Mayo r:
Voice:
Mayo r:
Voices:
Mayo r :
Miller:
Mayo r :
Matson:
Mill er:
Mayo r:
Opposed? (silence) So carried.
lid like to make a motion that this discussion that we just had on
this item thatls not on the agenda... a verbatim transcript.
Second.
All right. A motionls been made and seconded to try and get as
much verbatim as possible... love that in the Clerk's office...
Okay.
Any discussion on the motion? Okay. All in favor?
Aye.
Opposed? (silence)_ So carried. You know I really think thatls
the only way, between that and plans, that we can tie down what
the intents were during that period of time. And 11m not sure some
of the minutes will...
Well, weill search.
Well, we still have the tapes.
Itls got to be here, if there was a motion passed. The minutes
have to reflect it.
Youlre right.
Yeah. I think so. All right.....
(Discussion changes to a different topic)
"I
) r.; ,,' ..' L;<I . p..H
~rrl' I' .'- "......__
Shannon Burkett
Deputy City Clerk
(Transcribed from Tape 2 of 11/2/93 Meeting)
-12-
~7
~
MEMORANDUM NO. 93-350
DATE:
Tambri Heyden, Acting Director of Planning
Don Jaeger, Building Official
Jim White, City Engineer
Sue Kruse, City Clerk
J. Scott Miller
City Manager
November 4, 1993
TO:
FROM
SUBJECT:
Tradewinds - landscape berm
At the Commission meeting of November 2, 1993 Mike Morton, on behalf
of Tradewinds, made reference to an agreement between Tradewinds and
the City regarding the construction of a landscape berm on the west
side of the Tradewinds property. .
I am'asking each of you to advise me if you have any information
whatsoever regarding that referenced agreement. Please search your
department records for any reference to this issue. Your prompt
attention to this matter is appreciated. Thank you.
er
JSM : j c
cc: Mayor & City Corrmission
Central File
0.rrr.c-
PLANNING AND
ZONING DEPT.
7B2
SHOPPES OF WOOLBRIGHT
MASTER PLAN MODIFICATION
I
\
',.,./
)
PLANNING DEPT. MEMORANDUM NO. 90-113
TO: Chairman and Members
Planning and Zoning Board
THRU: Timothy P. Cannon TD
Interim Planning Director
FROM: James J. Golden
Senior City Planner
DATE: April 26, 1990
SUBJECT: Shoppes of Woolbright Planned Commercial Development
Master Plan Modification - File No. 364
~ ~.nJ
\
Kilday and Associates, agent for Tradewinds Development
Corporation, is requesting a modification to the approved master
plan for the Shoppes of Woolbright Planned Commercial Development
(PCD), as outlined in the attached letter of submittal. These
changes are being requested to comply with the conditions
outlined in the Stipulation and Settlement Agreement approved on
January 24, 1990.
The procedure for approving master plan modifications in Planned
Commercial Developments is outlined in Section 6.F.13 of Appendix
A, Zoning, of the Code of Ordinances. Subsection "b" states that
modifications to approved plans which result in an increase of
less than ten (10) percent in measurable impacts may be approved
by the Planning and Zoning Board; however, any changes in traffic
generated, water consumed or sewage to be collected will require
approval by the City commission. The Board's decision to
recommend approval, approval with modifications or denial shall
be predicated upon a finding of consistency with the
comprehensive plan and a finding that any such increase will not
result in a negative impact on infrastructure delivery systems or
the surrounding area in general. It is the intent of this
section that all additional impacts be mitigated.
It should be noted that the proposed changes to the master plan
do not create additional square footage or impacts over and above
the 320,000 square feet of retail floor area which was approved
by Ordinance 89-39, adopted on October 31, 1989.
With respect to the modification requested by Kilday &
Associates, the Technical Review Board met on Tuesday, May 1,
1990 to review the plans and documents submitted, and they are
recommending that this request be approved subject to the
attached staff comments which accompany this memorandum as
Exhibit "A".
" \ ()
/./:<-~~
. GOLDEN
JJG:cp
cc: Central File
Kilday & Associat..
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 689-2592
April 5, 1990
Mr. Timothy P. Cannon
Interim Planning Director
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425-0310
Re: Letter of Submittal
Woolbright Place PCD
Dear Mr. Cannon,
This letter will serve as an application for a
modification to the Master Site Development Plan for
the commercial tracts of Woolbright Place. The
modifications to the plan are to comply with the
conditions outlined in the Stipulation and Settlement
Agreement approved on January 24, 1990. These
modifications are as follows:
1. The total lot area of the commercial development is
increased by 5.1 acres, but will not exceed 32.0
acres, exclusive of dedications.
2. Total gross leasable floor area shall be less than
320,000 sq. ft.
1. Retail/Commercial uses shall be permitted in all
proposed facilities within the development.
4. An additional curb cut on SW 8th Street located
between Woolbright Rd., and the primary shopping
center entrance has been added into the outparcel
site.
This Master Development Site Plan reflects the approved
layout of Home Depot, its garden center and a
conceptual layout of the balance of the center,
including three outparcels. The building setback lines
are denoted as the "building envelope". Changes to the
conceptual building configurations to conform to final
building layout will be allowed without further
approval within this "building envelope."
Cannon
Woolbright PCD
April 5, 1990
Page 2 of 2
Please accept this application, which includes seven
(7) copies of surveys, legal descriptions, and Master
Site Development Plans. I understand that these
revisions will be processed and approved expeditiously
so as not to delay the required permitting for
construction, per the Stipulation and Settlement
Agreement.
Please feel free to contact either myself or Lawrence
Leeds at Perry, Shapiro and Miller, PA with
any questions or concerns.
sm~W.I~
Collene W. Parker
for Kieran J. Kilday
I acknowledge that this application has been received
by th~~f~tYnt~~~~ Planning D~partment on
(date) I I ' ,
~, r/1 ~ ~u ~/ A'~~
(Signatur )
'x--~~~~~~
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---------
DESCRIPTION:
I
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A parcel of land
East, Palm Beach
follows:
situate in Section 29, Township 45 South, Range 43
County, Florida, being more particularly described as
COMMENCING at the Southeast corner of said Section 29; thence along the
East line of said Section 29 N. 10 34' 16" W., a distance of 189.66
feet;' thence departing said East line and perpendicular to the preceding
course S 880 25' 44" W., a distance of 100.00 feet to the POINT OF
BEGINNING.
I
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From the POINT OF BEGINNING; thence S. 89050 25" W., a distance of,
45l.9~ feet; thence S. 770 30' 21" W., a distance of 386.16 feet; thence
S. 850 45' 32" W., a distance of 120.81 feet; thence N 01033' 47" W., a
distance of 438.81 feet; thence S. 880 26' 13" W., a distance of 80.00
feet; thence S. 010 33' 47" E., a distance of 442.55 feet; thence S. 850
45'32" W., a distance of 310.27 feet; thence N.OOo 24' 11" E., a
dist~~ce of 191.92 feet; thence N. 200 54' 51" W., a distance of 513.92
feet;' thence N. 880 261 13"' E. a distance of 453.50 feet to the
beginning of a non-tangent curve having a radius of 1743.74 feet, from
which' a radial line bears S. 810 12' 02" W; thence Northwesterly along
the arc of said curve, subtending a central angle of 100 24' 39", a
distance of 316.84 feet to a point of reverse curvature of a curve
having a radius of 1546.26 feet, from which a radial line bears N. 700
47' ,.23" E; thence Northwesterly along the arc of said curve, subtending
a centra~ angle of 080 08' 13", a distance of 219.59 feet to a non-
tangent line; thence along said Line N. 880 26' 13" E., a distance of
1271.36 feet to a point on the aforementioned East line of Section 29; ,
thenc'e along said East line of Section 29 S. 010 34' 16" E., a distance
of 5;71.91 feet; thence departing said East line S. 880 25' 44" W., a
distance of 50.00 feet; thence S. 010 34' 16" E., a distance of 290.00
feet;; thence S. 880 25' 44" W., a distance of 50.00 feet; thence S. 010
34' 1'6" E., a distance of 250.98 feet to the POINT OF BEGINNING.
The above described parcel contains 34.21 acres of land more 'or less.
Said' lands situate in the City of Boynton Beach, Palm Beach County,
Florida.
Subject to Easements, Restrictions, Reservations, Covenants and Rights-
Of-Way of Record.
. .
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DESCRIPTION:
".,"-.; ,.
A parcel of land
East, Palm Beach
follows:
situate in Section 29, Township 45 South, Range 43
County, Florida, being more particularly described as
COMMENCING at the Southeast corner of said Section 29; thence along the
East line of said Section 29 N~ 10 34' 16" W., a distance of 189.66
feet;: thence departing said East line and perpendicular to the preceding
course S 880 25' 44" W., a distance of 100.00 feet to the POINT OF
BEGINNING.
From the POINT OF BEGINNING; thence S. 89050 25" W., a distance of.
451.9B feet; thence S. 770 3D' 21" W., a distance of 386.16 feet; thence
S. 8~0 45' 32" W., a distance of 120.81 feet; thence N 01033' 47" W., a
\ distance of 438.81 feet; thence S. 880 26' 13" W., a distance of 80.00
\i feet; thence S. 010 33' 47" E., a distance of 442.55 feet; thence S. 850
45' )2" W., a distance of 310.27 feet; thence N.OOo 24' 11" E., a
distance of 191.92 feet; thence N. 200 54' 51" W., a distance of 513.92
\' feetr thence N. 880 26' 13"' E. a distance of 453.50 feet to the
beginning of a non-tangent curve having a radius of 1743.74 feet, from
which a radial line bears S. 810 12' 02" W; thence Northwesterly along
the arc of said curve, sub tending ~ central angle of 100 24' 39", a
distance of 316.84 feet to a point of reverse curvature of a curve
\ having a radius of 1546.26 feet, from which a radial line bears N. 700
47' ~3" E; thence Northwesterly along the arc of said curve, subtending
I a ce~tra~ angle of 080 08' 13", a distance of 219.59 feet to a non-
i tangent line; thence along said Line N. 880 261 1311 E., a distance of
j 1271.36 feet to a point on the aforementioned East line of Section 29;
I thenc1e along said East line of Section 29 S. OP 34' 16" E., a distance
! of 5Jl.91 feet; thence departing said East line S. 880 25' 44" W., a
distance of 50.00 feet; thence S. 010 34' 16" E., a distance of 290.00
feet; thence S. 880 25' 44" W., a distance of 50.00 feet; thence S. 010
34' 1'6" E., a distance of 250.98 feet to the POINT OF BEGINNING.
The above described parcel contains 34.21 acres of land more or less.
Said' lands situate in the City of Boynton Beach, Palm Beach County,
Florida.
Subject to Easements, Restrictions, Reservations, Covenants and Rights-
of-Way of Record.
.. t.
-"_._-_._".>..._".._-~
Tradewinds
Group
Congress Corporate Plaza
902 Clint Moore Road
Suite 124
Boca Raton, FL 33487
(407) 994-3133
April 2, 1990
To whom it may concern:
This letter will serve as an authorization for, and
confirmation of Mr. Kieran Kilday, Kilday & Associates,
and Michael Morton to act as our agent for any matter
relating to the approvals for the Woolbright Place
PUD/PCD.
Very truly yours,
DEVELOPMENT CORP.
Corporation) d/b/a
GROUP
Its: Secretary/Treasurer
STATE OF FLORIDA
COUNTY OF PALM BEACH
I hereby certify that on this 2nd day of April, 1990,
before me came DAVID J LEVY, as Secretary/Treasurer of
TRADEWINDS DEVELOPMENT CORPORATION d/b/ a TRADEWINDS
GROUP, Boca Raton, Florida, respectfully of the Ap-
plicant, to me known to be the person described and who
execu~ed the foregoing and acknowledged same to me.
/() '}r
~~ PUB at Large
My Commission Expires:
Notary Public, State of Floridc:t """
My Commissilln Expires Feb. 25, 1993
bonded Thru ttO)' foirl. Insurance ~ ...;;;;J
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.... "U~TR"'UAN AYENUE SOUTH SIaft 3D
WEST PALM BI!ACH. FLORIDA nUl
WOOLBRIGHT PLACE P.U.D.
RESIDENTIAL
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OAKlINAl. MASTER Pl.AN AJIfIR()VEO
COUNCIL Of BOYNTON BEACH MAY
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LOCATION MAP
NOTE
/"""" HE COFIfoIEqSEC"
---+- .~~5 JKi.~
SITE DATA
TOTAL C IT!: "RU.
TOTAL' )F UNITS
TWO/n '.f
MULTI-F
fUTURE DEVELO",,!
FUTURE ITIAL
ACRE
RESIDE~ ...." AC. .n
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PROVIDED WITHN Mll TI-FAI& Y oeVROPl.ENT.
PODU-"
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SCfIlEEN Hl!1GH6OAHOOO FAQt,I AAlLAOAO lAAi:as.
S.CLR.R.
100' R.O,W,
"L..:lI11!...
tHE WEST LINE OF SEABOARD COAST Lr-JE RALROAD ROW
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LOCATION MAP
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SHOPPES OF WOOLBRIGHT
f30YA/lol'o/,' ~IS-A
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3
'0
1/8
1/4
MILES
.400. 800