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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 00 ',i /\.\( , · '~. ,"\,',~ m CP:jb 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 ~n/n~ a..u lJint 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--~~~~~~ #-~-/k~~~ ~#~&v~~~ ~~~~J~ ~~(/"yL- ~ 2-f /'f7tf', , , ~ , . ~. . ~-I.'r. ." . . ., '"' . --------- DESCRIPTION: I I I I I 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 I I I I I I, I I I I I 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. . . ":"-"" ;;,-'., , ,-' . ~. , , -. "\"\j~""""':'"' -.--..... ".---... 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 '. <:>~;;.J:',:',; . ':~';;~j' ;;~,~\;'~';'i;::;~, .;~,.V';!;;" " - 'I:" ~ ~ :1' .~. 'l. ,it ::'~ , [;' 1- .! ~ . I! , .tl ~ ., tf'J 3! ;:; ~ ~ ~ k-- { / - ~'\ r..~ .~ f~ d P: -: i'F3 . . .., oj ',.. . _I' . t.:'. ' t; a', c.:.J ... ~~ ~l () ~ .., i Ifl .' ." - )". ',: ~ ,'" r :~~'~ ,:,:,",:~".!i \';,~ .;., '-~--' -- ::, '~.. ~~, LOC :\?o'u ,p:.;.I:, , ,;; 'j:. 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"U~TR"'UAN AYENUE SOUTH SIaft 3D WEST PALM BI!ACH. FLORIDA nUl WOOLBRIGHT PLACE P.U.D. RESIDENTIAL FOIIIIULY L..... 80'NTON ESl'ATa. "'-ar_a'....a.1'Q.NI Scale r-Ba UJCAJJmI-.P. SIC a nil" _ GE I- :J: 52 IX m ..J 4: o 5! o II: =: g-- l&. IL . % o ~ - UJ w ~ UJ CD ...J a.. ..z c.. a..C 0 tr. 0, ~ ~ ~ :J:"" >- en UJ~g ~ Ii ! ~ ; r--: ~ ~ .~ ~ 0-= ...::: ~~ ~ :; j~ ~<~ :: if ~~~ ! ~~ ~~3 ~ ....._~'_..._n...""___ ....__.__ - - -..-- --.. ,..-.. .--.. ,- '-,......- -....- _._.......~_..- =-::-::.-:. -::::..- .::'=-"....-=::,:...::::... "':"'..::.:- -----..--.. -,,__.._., - ---. -,--....-.......--- ..-...,...". - .-- ....,.- .....-.. f~~~~~!~~~~};;1 I}\~~~:~~~l~ DUlL....' nAIl Tr...,l... 1Mei.. Mod CIlIeabtaCt.l_ CU'JIOr.U. t02 CU.t ..... ..... hst. U' Ioca bt_..PHrWa JJtl7 ItOll"'-1111 au.., .. U.-cl.te8 . Ilt.. .1._.. ,.......'_ ~I 1511 '1It~ .l.ac.._....t. 'I'A ...t h1. ...a.. '_1M ntOl .t'J,'U-Sln r:a. 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Mp.1 .:a ::! :.. ~ 'i MASTER PLAN SE OOANfA Sf ......... HE 1I.Sf;ca 0'" .. FUTURBDt:V&' Z5'L~1UKA --;0 ~EA 11r: .' .. , (OR8 2*6'; I'G 1H61 ; . - ~ - - - .... "'~~ I~~-= '~ ~~.:c"'_~~':::"'~';;;"1!""""" - - ""':.~- "I" ',U,_ ----l;)"'..i _ -- ]1 1 I ' .utanYEAI&ENJ. I ATOl POD2B '-PIlOHRlYlM I . ! I MUL TI~""ILY I I ! I t f :I&'L~"'IIl__ . 15'lAC./ I I I SO . LDlNO Sf 'BACK tGROUJ ~ /' I . , ~, . =:t:~~=:.~ ! : I . .0' a.a..DNGSETBAOt ----0". r ' , 0 ,0- ) ) ~ . f\' / POD 2A ~ .. n'lAIC)SCN'ElII.Ff'fA ) _ \ (" MULTI.'AU""Y - ... ~ ,'7.0He ili ".....,...-.. " '\ " ...'os" g 1 , E::':':i::=:t.:.~1t:: \ ~ . -...----- (fJ LAKE BC ,ON EST A TES i ~ ' LAT3 l ~ POD 1 ""-'-" (1~.PG.!31 .. MULTI.FAMILY $u....e<< en ~~~ I ~y.. JO"!MM.DlMG SE1al '" ~ ~~PI~OO'E ~ BEAt.II<<lANOlANJSCAPeIllt..JFFtA"fR '~. .h ..-., KI.OAT & ASSOCIATES WQOLl!lIRlG:fT IC/" U1LlTY EASEMlEHT - I "1 ' PlACEPUDSECTIOHOATEOS+<<l r 4O....DIOfG$ETBA 2~-LNOSC#lK.iLI'Ff.R -r;.'::::'-~ 1004 ~ , -- :O~~ ~ ~~~:t-~ ,1- ,:"~\ -~~1: . \~ ~ ~ / _, 'I" .,v "!~ I ~ "I'~"~';"-'" 1/':: ~ ._~ ~. -----1.- --- _ -. - --'- -.. ~ - . ~ ~_ 'oo;";,g"" ~- J, '/;:;y..~o. ,;.;;:";;~_-:7-- - "i TII ---- - ~J I . -- _ . - _ I PAeSERI """''''orl. -'. '. - . ..... :.-c;' . I L He ..... . ./ . ~/;~.....-:~. LAKE " II -' ~ I 10' U'L"'" ~ ,/ -,,' /'" ." '.5 AC .. '-_ ____ - _ 11- 1f~7"'.'\' :;.~/ -> ", , ( J-~-;-:-":: CHlJ'lCH PARCEL , ! . I ~ ~ ' /"" . WATER MANAGEMENT AREA -, " ~. . ~!f~ _ '.IAC. II" 1421AC I: c'-" ,~.:.::.-=---.=--=.- '---1~__-_-=-l~':"_L"_~ . ..~ . - r ,. _ _~~ ~.2JJLL!L..I1h.$_r"EET Jg U._~'..\ImQJI.!P l ~ :'0 ~ ' '"._ JI!.~ ~~~ ...- ~ : 1O'OR_AGE~"'s.EME"'T~,.,;-, ~ ..ta.pl-L 2!a lAMlSCAPE lU'Flfl .. e:A ~ "ro 'IlQQ'"" ~ \... o,,:e Q.' / / LOCATION MAP NOTE /"""" HE COFIfoIEqSEC" ---+- .~~5 JKi.~ SITE DATA TOTAL C IT!: "RU. TOTAL' )F UNITS TWO/n '.f MULTI-F fUTURE DEVELO",,! FUTURE ITIAL ACRE RESIDE~ ...." AC. .n CHURCH "'.17 AC. 7.'" IiI!NT I.' AC. ..." !'IiIENT .atAC. 1.1' 4.5 AC. a.7'4 . .c.'" AC. 1.1" ... J.OI AC. 2.1" ,.., ...... AC. I.'''' TOTAL ".111 AC. tOO, P.U,D. L.U.I. - 1.00 SEE .... TT ACtED FOR St.6GRAOE so... COfOTION$ & COIAION AMEMTIlES T('I M PROVIDED WITHN Mll TI-FAI& Y oeVROPl.ENT. PODU-" AS ".."OYED In.ooo ., 27.11 At 11.11 Ae I COli liON A"I!N'T~. PALM BEAOi LEISlflEVUE R1AA (PlIJ) (PLATlIOOKaPG.i4"""'1 - ~ -------- 1scrCNrW.E~~ --- ~,. . i!i . i 'till"" l---" . I' , , -11 " i1, i\ r.1 ! 1 .. lit:, : c., . ~~. ~'I 31: f~ I ! I l' I ~: I , I, .' l'! :i rij r. ,: I~II .r. 'I ~~I I 94 -., c..u..... ...... '.., AYIt, c :) a: w u ct ..J Q. ~ :J: C) ~ ED ..J o o ~ ....---.-.... .....----- --..,.-..---- "'''''', .'" ..:>-._- -----... z o i= < a: o ~ a: o o z o ~ ~ ~ ~ ~ Z t; % ~ z U Q. 0 ~ ffi 0 : ~ ~ e ::; < z Z ,.. Cl o - lD fIl W Q fIl Q Z ~ W ~ a: I- ,- .... ... ROW 01' TREES ~ SHAUOS 10 BE ..SIAlLED AlOfolG Tt1C WIIESHRN SlOE 0' 1HE OA"".Of DITCH WITHIN THE AEOI.MIED 25 lANOSC~ IlUI'FEIl TO 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 =~--- . - @ . LOCATION MAP . . SHOPPES OF WOOLBRIGHT f30YA/lol'o/,' ~IS-A ~o-j , , - . _.;.. " I , . " . . :~~ : . ~. I 3 '0 1/8 1/4 MILES .400. 800