CORRESPONDENCE
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CORRESPONDENCE/
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LETTERS
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March 20. 1998
VIA FAX: 9u- 77t-4m.
lames C1=oL Esquire
Iosias" Goren
3099 8th Commercial Blvd., Suite 200
Ft. Laudenial~ Florida 33108
k Woolbright pCD - Jadustrialkcess Road
Dear Tun:
CcmfirmUlg our convcrsdon of yesterday afternoon. aDd in an effort to resolve the Uming and ancillary
iJsues mmnmdiDI the: COJISt111CtioD or the iDdu&tria1 access road, we would like to offer the following
mgption- to the City ofBoymaJ1 B.n Home Depot ~ Design Center ("Home Expo")wiU comtruct
the iDdusuial access road as teflcctcd on their approved sUe plan. For that remaining portion of the
indusuial aa.c:ss lOad fjom the tcrmiDus of the road as sbowu by the l!ome Expo site plan to the property
D, my c1ieat will obcain a cercified cost estimate fi'om CaulSetd &. Wheeler, Home ExpolS project eogincer,
and that sum of tl1O'Df:Y .m be given to the City for the comtn1ction of the reavainder of the road. If and
when a milroad aossiI1g is en:r IpJU'OVfJCI in that locations tha funds em be used for the completion of the
projeGt. If.sucl1 approwl is not forthcoming, the City may utilize such funds Cor any other appropriuc
public; purpose.
As you ~ my diml will deal dkcct1y with Pete Mazzc1lA on th~ approval of the certified estimate.
We beJicwe this is the most p~ approach to resolvhtg thialong-standing issue,
l1r~
Ga1Oo5ory S. Kino
GSlUag
27564
cc: Pete MF-I1-, AssistBDt to Utilities Director (J75'()Z9S)
Michael MortOD (5611141..0646)
~ City of
~oynton 13eac/i
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'P.O. 'BD~310
'Boynton 'Beadi.11oritla 33425-0310
City 9lDll: (407) 375-6000
~;U: (407) 375-6090
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November 14, 1996
VIA: FACSIMILE
Willie M, Swoope
Impact Fee Coordinator
Palm Beach County
Financial Management & Budget Office
301 North Olive Avenue
West Palm Beach, FL 33401
Dear Mr. Swoope:
Pursuant to your October 21, 1996 letter, the final item requested, which was the
statement of Tradewinds current approved development plan segregated into permitable
units is attached. If you have any further questions, please contact City Attorney James
Cherat at 954-771-4500,
Sincerely,
CITY OF BOYNTON BEACH
i~ (k":<i-' I1Jtu JLL--
Carrie Parker Hill
City Manager
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Mike Morton
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%e City of
t:Boynton t:Beacfi
100 '1:, '.Boynton '.Beach '.Boulevard
P.O, '.Boi(31O
'.Boynton '.Beach, 1"foritla 33425-0310
City:Jfa{[; (407) 375-6000
1"JU; (407) 375-6090
July 5, 1995
Mr. Michael Morton
Morton Group
902 Clint Moore Road
Suite 124
Boca Raton, Florida 33487
RE: Woolbright Place PUD and
Shoppes of Woolbright PCD (Traffic)
File Nos. 470 and 469
Dear Mr. Morton:
Today I received your June 28, 1995, letter regarding our recent
meeting, pertaining to the above referenced matter. There are
statements in your letter that need clarification. The 1990 Barton
Aschman Traffic Analysis does include trips for the church,
therefore, as stated at our most recent meeting, any proposal
(master plan modification, site plan, conditional use, etc.) that
indicates a use or density/intensity of use not anticipated in the
1990 study, must be accompanied by a revised traffic study, which
analyzes differences in traffic to be generated. It is not
permissible to transfer trips to other IIland uses ", as you refer to
it, within a master plan, if doing so renders the portion of the
master plan, from which trips are transferred, undevelopable due to
no associated traffic capacity.
Also, it was discussed that a traffic letter, stating simply the
number of trips generated by a proposed use, would be turned in
with each request for approval, such as the Taco Bell application
in progress, for staff to monitor the build-out of both master
plans, as determined by the 1990 study. This has not yet been
received for the Taco Bell application, as was agreed. What was
agreed to be delayed was a fully revised traffic study to be
submitted when a master plan modification is filed for either the
14 acre commercial site, north of Home Depot, or the conversion of
the church parcel to a different use.
YlmerUa's (jateway to tfu (julfstream
Page 2
Michael Morton
RE: Woolbright Place PUD and
Shoppes of Woolbright PCD
At this meeting, I also indicated that I would notify you regarding
whether your property on Boynton Beach Boulevard would fall under
the State law change that became effective July 1, 1995, for'small
scale land use amendments. The answer is yes, therefore, no State
review would be required for a land use change on the property.
Very truly yours,
~~~2M;;~
Planning and Zoning Director
TJH:arw
xc: Taco Bell File
.:m,lIorton,tjh
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PHO:-ot: 407.994.3133 -.fAX; 40i-241-0646.
March 27, 1995
Via Fax (407) 375-6011
Carrie Parker. City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd
P.O. Box 310
Boynton Beach, FL 33425
Re: Woolbright Place
Letters of Credit
Dear Ms. Parker,
We have the following Letters of Credit in place with the City which are due to expire.
No. 1322 Lake Excavation
No. 1337 Force Main Relocation
No. 1417 S.W. 8th Street Coostruction
No. 1323 Blowing Sand & Restoration
No. 1416 Park Impact
1. The dJainage lake excavation is now 100% complete, the final survey is being
prepared and should be submitted (2) two weeks from this date. This Letter of Credit
should be reduced to S1O,OOO.OO and extended for (90) ninety days.
2. The force main relocation work bas been completed~ the Letter of Credit need not be
renewed
3. The constnlction ofS.W. 8th Street is 70% complete as of this date. this Letter of
Credit should be reduced proportionately to $100,000.00 aDd extended for 180 days.
4. Blowing sand restoration will remain at $30.000.00 for (1) one year.
S.The Park Fee of$60,OOO.00 has been paid to the City, therefore, this Letter ofCredlt
need not be renewed.
Please contact me as soon ~ ,oSSlble to review the procedure for appl J and
submissi f the above.
c.c. James Cherof
Howard Scbarlin
rrfte City of
$oynton $eacli
100 T... 'Boynton 'Beadt. 'Boukvartl
PD. 'Bo~31O
'Boynton 'Beadt., 1'CorUfa 33425'-0310
City 1fafl: (407) 375-6000
1'!JlX: (407) 375-6090
May 26, 1994
Ms. Bettina Scherer
Development Ass't., Trammel Crow Residential
6400 Congress Avenue, Suite 2000
Boca Raton, Florida 33487
RE: Woolbright Place PUD (Plat No.1) - File No. 508
Dear Ms. Scherer:
As requested in your May 19, 1994 letter, the following
information is provided in response to your seven question:
1. Master plan modification process - A master plan
modification is only needed if development of the PUD
deviates from the approved master plan (i.e. - unit type,
number of units, setbacks, buffers, etc.). Since your
letter indicated that Trammel Crow is interested in
developing a portion of the site for apartments, most likely
a master plan modification would not be needed prior to site
plan submittal. I would need a sketch of your proposal to
answer this question definitively. However, if a master
plan modification were necessary, 12 sets of the modified
master plan drawings are required, accompanied by a letter
of request, which summarizes the modifications, and a $500
processing fee. This process before the Technical Review
Committee, City commission and Planning and Development
Board, respectively, takes approximately 1 1/2 - 2 months
and if necessary, is required prior to site plan submittal.
2. S.W. 8th Street accesp - Pursuant to the approved master
plan, access is available from S.W. 8th Street. Access
points to the residential pods are shown on the master plan.
3. Concurrency and hook-up fees - The project is vested for
concurrency. For hook-up fee information, please contact
Peter Mazzella of the utilities Department (407)-375-6404.
5l~rica's (jauway to the (julfstream
Page 2
May 26, 1994
4. Drainage - I do not know Ken Kruger, however on-site
drainage is required and there is a master storm water
system existing (I'm not sure whether it is complete - the
Engineering Department would know the status of this
infrastructure) which serves not only the PUD, but the
Shoppes of Woolbright PCD to the south. The current
development plans that were approved with the Woolbright
Place PUD, Plat No.1, final plat and the Shoppes of
Woolbright final plat are filed in the Engineering
Department, (407)-375-6280, and can be viewed to analyze the
drainage system.
5. Open space - There is no open space requirement within the
residential pods of the PUD.
6. Wildlife - No wildlife issues remain outstanding.
7. Development order, development agreement or impact fee
agreement - The approved master plan and final plat, which
reflect the accepted, development terms are the most recent,
valid development orders affecting the property.
Unfortunately, this office does not have the equipment to
copy the 24" x 36" master plan, last revised 10/30/90,
therefore, one is not attached and the Engineering
Department must be contacted regarding the final plat. The
Building Department, (407)-375-6350, can be contacted for
impact fee information and a schedule.
Other than these documents, development of the property is
subject to court ordered, stipulation and settlement
agreements (Tradewinds Development Corporation vs. The City
of Boynton Beach, Case No. 86-3661). I believe the
aforementioned documents would be adequate, however if
copies of the stipulation and settlement agreements serve
your need, the City Clerk can be contacted at (407)-375-
6060.
If you need additional information, please contact me at (407)-
375-6260.
~ Y7J J I.de-,J
Tambri J. He~~ ~'
Planning and Zoning Director
tjh
A:WPlacInq
TCR
TRAMMEl.l. CROW RESIDENTIAl.
6400 Congress Avenue
Suite 2000
Boca Raton, FL 334H7
(407) 997 -9700
FAX (407) 997-H(,,19
May 19, 1994
Ms. Tambri Heyden
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FI 33425-0310
Re: Woolbright Place PUD
Dear Ms. Heyden:
Thank you for your time on the telephone last week. As you know,
Trammell Crow is currently considering developing a portion of the
referenced site for apartments and resident recreation facilities.
At your suggestion, I spent a short while in your office obtaining
copies of various codes, however, I would appreciate a written
response to the following questions:
1.
2.
3.
4.
The entire site includes approximately 48 acres and pursuant
to the approved PUD Master Plan will allow for 640 apartment
units and 16 duplexes to be built thereon. It is my
understanding that a modification of the master plan will need
to be submitted and that this process occurs at the time of
site plan submittal. Is their an application process or form
for this modification?
Please confirm the availability of access off SW 8th Street.
I believe that the project has been vested for concurrency but
that fees are required for hook-up etc. Is this correct?
vince Finizio indicated that Ken Kruger with CCL can supply
the necessary information with respect to drainage. We will
need to know whether any on site drainage is required.
5.
I believe there are no open space requirements as such has
been met? Can you confirm this for us?
6.
Are there any wildlife issues to be addressed?
7.
Is there a development order, development agreements or impact
fee agreements in effect for this property, and if there are,
can I obtain copies?
ill
00
MAY 2 3 ..
Page 2
May 19, 1994
Thank you in advance for your input and assistance in this matter.
I look forward to working with you on this new development.
S~/JelY, S;;
Be~her~r
~evelopment Assistant
cc: bb file
C. Ray Phelan
707 Canal Way
Boynton Beach,Florida 33426
March 19, 1994
Tambri Heyden
Senior Planner
Planning Department
P.O. Box 310
Boynton Beach, Florida
Dear Ms. Heyden,
This is to confirm our meeting in early February concerning the
berm along the property line between Palm beach Liesureville and
the Trade Winds development. This berm, according to the master plan
of the Trade Winds Woolbright subdivisio~ is to be 25' wide and 5'
high and planted with foliage common to the area to effect a screen.
At the present time this berm has been partially constructed
along S.W. 8th street to within 200 feet of the south east
corner of Liesureville lot 32304 or 700 Canal Way. The berm
is not complete along the short south east boundry of Liesureville.
Further, contiguous to my property, on the south east boundry
(lot 32526 or 707 canal way) are 3 Hibiscus trees(Seaside Mahoe)
that will help shield my home from electro magnetic field radiating
from the 138,000 volt Florida Power and Light transmission line.
This transmission line is being relocated,at present, and will
be within 75' of my home. These trees are, according to Kevin
Halahan, forester for the city of Boynton, specimen trees that
should be preserved. These trees are within the right of way
of the 25' berm. Consideration must be given in the proper con-
struction of the berm to protect these trees.
Please keep me informed as to the developments concerning
the construction of the berm. I appreciate your help in this
matter.
Very truly yours,
C. Ray Phelan
iJ1U City of
13oynton tJ3eacn
- OFFICE OF THE CITY AT70RNEY
(407) 738-7405
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100 '1:. 'Boynton ~ 1Joukvani
P.O. ~JJO
'Boynton '&iJ&, 1fqriia 33425.0310
City?fJJfI: (407) 734.8111
7~: (40i) 738.7459
November 30, 1992
John R. Beranek, Esq.
P.O. Drawer 11307
Tallahassee, FL 32302
Re: Tradewinds Development Corp.
Dear Mr. Beranek:
I have had no word from you since my letter to you dated
October 6, 1992, regarding the above matter. I enclose a copy of
the same for your review.
Please feel free to contact me if you wish to discuss the
same.
Very truly yours,
~ ,
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James A. Cherof
City Attorney
JAC/ral
Ene.
cc: J. Scott Miller, City Manager
Chris Cutro, City Planner
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Via Facsimile & Regular Mail
'Me E~ T'IT:'f'~
.1 . .LIA.~
NOV 3 ()
PLANNING O'~T.
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,'imeri.cas yateway to t/ie yu(/,trcam
rzne City of
flJoynton 'Beacli
- OFFICE OF THE CITY AT70RNEY
(407) 738- 7 405
100 'E. 'Boyn~ '&IJlIJ 'BouUvari
'P.O. ~310
tJJoyntcn '1kadt, 1"fcrida 33425.0310
City '}{dj: (407) 734.8111
1":<<: {407} 738.7459
October 6, 1992
John R. Beranek, Esq.
P.O. Drawer 11307
Tallahassee, FL 32302
Re: Tradewinds Development Corp.
Dear Mr. Beranek:
Your client, Michael Morton, contacted the City Planning &
zoning Director and suggested that we have another meeting to
discuss the Tradewind development. I am certainly amenable to that
meeting if it helps to resolve the outstanding dispute. My
secretary will contact you with some available dates to meet.
Prior to such meeting I would like a written update of the
status of your client's negotiations with Mr. Winchester.
Addi tionally, I would like confirmation that your client has
obtained the wet line permits which have now been available for
many, m~ny months. Finally, I would like an agenda of the issues
your client would like to discuss at that meeting.
Very truly yours,
I _ !
,
. /
James A. Cherof
City Attorney
JAC/ral
Via Facsimile & Reg. Mail
,qnunCQ's (jQUi./.'ay to tne yufj.'tream
%e City of
13oynton 'Beacli
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yv/ f (k
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Planning &' Zoning 'Department
100 'E. f}joynton f}jeadi f}joufevara
P.O. f}jo't,31O
f}joynton f}juu:fr., :Fforida 33425-0310
(407) 738-7490, :F!JlX: (407) 738-7459
March 24, 1992
Mr. Michael Morton
Tradewinds Group
congress Corporate Plaza
902 Clint Moore Road, suite 124
Boca Raton, FL 33487
Dear Michael,
This is to inform you that a service station or a business that
sells gasoline is an allowable use in the commercial portions of
the Tradewinds development.
This use would be subject to the ordinance that were in effect at
the time that the Tradewinds determination was made by the Court.
I do not have an exact date for this but it was sometime in 1986.
This use is subject to site plan review and final approval by the
planning and Zoning Board and City Commission.
Finally, this interpretation is subject to review by the City
Attorney.
I hope this letter is of some help to you. If you should have
any questions, please feel free to call me.
Yours truly,
C"t~ ~.Jtr -
Christopher cutro, AICP
Planning and Zoning Director
CC:cp
Jimericas gateway to the guf/stream
"
""77J 1'~/.1/~.~
B:Jard of County Commissioners
Mary McCarty, Chair
Ken 1. Foster, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Burt Aaronson
Maude Ford Lee
County Administrator
Robert Weisman
December 15, 1993
Community Services Department
Housing &: Community Development
Ms. Becky T. Edwards, Vice President
CEO Construction, Inc.
2200 Lucerne Way, Suite 250
Maitland, Florida 32751
Re: Proposed Voolbriaht Road p., U. D.;
Boynton leach" Florida
Dear Ms. Edwards:
I am in receipt of your recent correspondence, in which you forwarded for
staff's review, the "particulars" of 'lbe Crossings at Woolbright. Hy stalf
has reviewed the proposed project and is content that the project ts
consistent with the affordable housing needs of both the County and tfae
municipality of Boynton Beach. Attached for your information is tile
Palm Beach County response for Form 12, Local Government Planning Effort,
for both the State Apartment Incentive Loan Program/Low-income Housing Tax
Credit Program (SAIL/LIHTC) Application.
As noted, Palm Beach County, pursuant to its own Comprehensive Plan, has
enacted various affordable housing initiatives. Additionally, the County
has acted in response to the State Housing Initiatives Partnership (SHIP)
Program. Please note that pursuant to conversations with the Florida
Housing Finance Agency (FHFA) , copies of all referenced language~
ordinances, etc., will not be required, as the expense is burdensome.
Should you require additional information or further clarification, please
contact me personally or Chauncey Taylor, II, Hanager of Planning, at
(4Q7) 233-3616.
~
J 2. \ \993
Remar H. Harvin, Director
Housing and C~unity Develo~ent (HCD)
RMH/CT/mlr
Enclosure
ccs: Hr.
Hr.
Hr.
J. Scott Hiller, City Hanaler, City of Boynton Beach
Chris Cuatro, President, Cuatro and Associates RECEIVED
Chauncey Taylor, II, Hanager, PS, HCD
Ref: LTRBB. PUD/PLS
DEe 1 l'
CITY MANAGER'S OFfiCE
"An Equal Opportunity - Affirmative Action Employer" : '
..
@ pflnted on recycled paper
3323 Belvedere Road, Bldg. 501 West Palm Beach, Florida 33406
weAL GOVERNMENT
PLANNING EFFORTS
Initiatives currently in place in Palm Beach County and the City of Boynton Beach include:
1. Palm Beach County Affordable Housing Ordinance 93-8 was adopted 5/18/93 to meet
F .S. 420.
2. Palm Beach Co~ty has a Local Housing Assistance Plan as specified in s. 420.9072 (2).
3. Palm Beach County has not adopted its Incentive Plan but has already acted to address
provision.c; as required under the Incentive Plan as required by the 1989 Palm Beach
Comity Comprehensive Plan.
4. Palm Beach County adopted a new expedited permitting process in 1992 and included the
addition of the Director of Housing and Community Development to the Development
Review Committee to facilitate the review of affordable housing developments. Please
refer to the Unified Land Development Code Article 5 and Section 4.4 respectively.
The City of Boynton Beach provided for an expedited site plan review and approval
process for the subject site by City Resolution # '.
5. Though Palm Beach County has determined it would not be possible to waiver/reduce
impact fees for affordable housing without jeopardizing the legality of their Impact Fee
Ordinance. several alternatives have been adopted. First the bases of the impact fee
assessment for residential property is the square footage of the unit thus minimizing the
fee for smaller more affordable housing construction. Secondly. Palm Beach County has
made alternative funding sources available for impact fee payments for very low and low
income units through the adopted Robert Pinchuck Memorial Affordable Housing Trust
Fund. Please refer to Unified Land Development Code Article 10 and Ordinance 93-8.
For the City of Boynton Beach oontribution, please see letter from City Manager.
paragraph l'eferencing "Impact Fee Reduc~ion and Density Bonus".
6. Palm Beach County has adopted the Voluntary Density Bonus Program which allows
increases in permitted density in exchange for the provision of very low and low income
housing. Please refer to the Unified Land Development Code Section 6.9.
7. Palm Beach County has adopted the Traffic Performance Standards Special Methodology
for Affordable Housing which allows a reduction in the level of service that must be met
for development meeting specified criteria. Please refer to the Unified Land
Development Code Section 7. 9(I)J .
8. Under the Palm Beach County Transfer of Development Rights. program, densities are
only permitted to increase by two units up to eight dwelling units per acre unless very
low/low income housing is to be constructed. Please refer to the Unified Land
Development Code Section 6.10.
9. Palm Beach County allows reduction in the setback requirements for affordable housing
under Section 6.5 and Section 6.8. Boynton Beach provides for similar reduction as part
of the P. U. D. Process or by variance.
10. Zero lot line configurations are permitted in the Unified Land Development Code under
Section 6.4.
Boynton Beach Code of Ordinances permits zero lot line configurations.
11. Not applicable.
12. Palm Beach County typically includes a review for the housing impacts of policy, plan
and code revisions, however the process for policy review not related to the plan and
code amendments is not formalized.
Boynton Beach reviews its codes for policy, plan and code revisions that may affect
affordable housing and adopts the changes as needed (Comprehensive Plan).
. 13. As required by the 1989 Comprehensive Plan, Palm Beach County maintains an
inventory of surplus county owned land and sites are made available for affordable
housing development through Property and Real Estate Management.
14. Palm Beach County property and Real Estate Management does provide sites to Housing
and Community Development at no cost/low cost for affordable housing development.
15. Palm Beach County provides ad valorem dollars (as mandated) through the
Comprehensive Plan) and Voluntary Density Program applicants provide any in-lieu
contributions to the Affordable Housing Trust Fund.
12/02/93 09:38
tt40i 2t~ oue
MORTON GROUP
IaI 001
rao '0:
MEMO ROM:
Scott Miller, City ~f Boynton Beach
DATE:
RE:
Michael Morton, Woolbright P1ace Venture
Ncv~mber 3D, 1993
CITY COUNCIL MEETING
(ATTACHED MEMORANDUM)
As di :ussed before the Council,r ha.ve reduced to writing a synopsis of
same F the issues that we presented November 2nd.
r ;i!S actful1y ~equest that we be put on the counC11 ager.dd ~or December
7th.. >r further C1; scuss ions and reso he.
: f .yo j)t!ve any c:uestfcns and need to meet pr 10r to Tuesde.y I : can be
a"a~.L }7e YOU MondaYr December 6th anytime.
/.
~).
M1chae Morton
MM:gl"
Attach:ent
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RECEIVED
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CITY MANAGER'S OFFICE
.& -
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B'i1~A.I<i
aMtMCl' _~_
-
'-'
'-
...
..., MEMORANDUM NO. 93-398
TO: Tambri 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: December 7, 1993
SUBJECT: TRADEWINDS
Attached hereto please find a copy of a memorandum dated November
30, 1993 from Michael Morton, Woolbright Place Venture, to my
attention, providing a written synopsis of the issues that he
presented to the City Commission at their regular City Commission
meeting of November 2, 1993.
~
I would ask that you please carefully review said transcript and
respond in writing to those specific items that pertain to your
department only capitalize if you have not adequately and
comprehensively covered that issue in your previously written
memorandum. In essence, please check the issues to your former
communication to be sure that all bases are covered.
Please respond to this office by December 10, 1993. Thank you.
?s~J
JSM: smb
Attachment
c: Mayor & City Commission
John Guidry, Director of Utilities
Mike Haag, Zoning & Site Development Administrator
Charles Frederick, Director of Parks & Recreation
ill
~@~ow
i'C'
ut.
00
"-'
12/02/93 09:39
tt40i 241 0646
MORTON GROUP
!4I003
- .---....
';/\:l.~ I-'U..t:
November : ';1, 1993
Pa.~e Two
1. VEST) liS ISSUE - AFFIRMATION
The. U.O. and P.C.D. whi~h comprise this project was vested by ayree~nt
to Ncember 1985 and f'atified by the County. This window ~Jf t1me a.PP!leS
to bt not limited to a 11 issues of thh project inclucttng p 1annmg,
zOl'l,ir . subdivis:: ion oY'din.nces, I.ltil ity fees I permit fees, CJty a~:f
cOt.:n1.' impact feu, ate. the premise is had ~e been al10wed to bU11d tt\15
prcjE t in 1986 a.s we should have, those were the fees ir. effect. .We
Shc.u' not be subject to new fee! or fee increases that became effectlve
SUbSE uently Nov~~er 1986.
2. ENV I~NMeNrAL rSSi:JES - AFFIRMATiON
The (
s"tatu
prope
exeav
torto
proce
5> ;t.e
1 a.k,e
not i
p'tepa
the c
group
ty, county and Floridll F'ish and Game all agreed upon the vesting
of this project in 198e. Florida Fish & Game signed off on the
ty ~nd the City was to issue clearing, grubbing, grading and
tion permits for both the P..U.D. and p.C.n. After ~esolving gopher
se and scrub jay concerns by relocation 01 the gopher tortoises, w~
ded to construct trte Home Depot faci1ity, cieared ~ortions of the
or lJtiHty installation, g:~ading and drainage, and axca...ated the
arce1 to about 75% of completion. The City has agreed that we do
we environl1lenta 1 issues and we can continue forward with the
~"tion and sae deve10pment for the project. It would be h,=lpful if
ty staff C1'fd not consult with or assist the local environmental
whicn attempt to tamper with the agreements in place.
-,
.:: I
MOO!F :ATION OF S.~. 8~ STREET CONSTRUCTION
*
?resel:ly S.W. 8th Street is to be constructed (4) lanes :.tp to the enG
Oftr. P. C.O., transition to (3) la.nes to the end of tr:~ ;).U .0. The
right Jf way gillen for the road is for four (4) lanes. However the
likel. rood of constructing (4) lanes through Lake Boynton Estates to
Boyrrtc Beach Bou'ievard would require extens"f',e acquisition of right of
....ay. 1 ierefore. at thfs time it would ~e safer to transition !'lOwn from 4
lanES :0 2 la.nes 1:1'lrough the P,U4D. to Oc:ean Avenue. If a,t any time in
the fl ure the county or city want.s to 4 lane to Boynton Bea,h B1vd.r Qur
4 lane R.O.~. will of course be in place. .
12/02;93 09:39
~
..,
i~EMO TO:
MEMO FRCII:
DATE:
t!407 241 0646
141002
MORTO~ GROl.iP
W'
."
~NORANDUII
City of Boynton Beach
City Commissioners
City Ma.nager
Michael Morton
Nov. 30 I 1993
RE: ~OQLBRIGHT PLACE V~NTURE
PUBlIC HEARING
DEVELOPMENT ISSUES
Thank YCIU 'cr al10wing me the opport:.lnity to address the Comm1ssior. :uesday,
:~o\lembeY'ld, ~eg-ardi!lg issues relat'ive to clar1f1cat1o.n of the settlement
.accords rE cheri in 1990. As I stated t the property owners are concerned that
the City: :off take a pas~t'fve patn w~len presentee! t...ith pianning, en9tn.eering
,~nd con:st .Jction matters and expec11t1cus1y process same as agreea 1n our
lariou~ 51ipulations.
'-"
As the Cc
3e"~anek 11(1
.ct'!l; set.t 1 ~
1ave gone
,)!'l beha If
.Schar 1 in c
~e~)o 1 vat le
rhE~refQre
the Clty ~
that are
commission
.~
mfss10n has been made awa':-e, Jim Cherof and our attorney, John
e been l:lefore Judg@ Edward Garrison who maintains jurisdiction over
lent agreement and its implementation and as per his directi'{e, iNe
;-:) mediation on two occasions before Judce Silverman. Lynn ~1ats.cn
of the Comnissiofi, Chris. Cutro, our respective attorneys I l-Ioward
d myse If attended same and it was agreed that the issues '..were a 11
several have been, several remain, some new issues have arose.
n the spirit or our ongoing good faith and conciliatory ,;ffo':"ts,
ld this deveicper should resolve the questions andinterpl"etations
:urrently outstanding. I tr~id to present a synopsis to the
and as agreed, I am fo llow'bg through ~..,;th thi 3 memoranoum.
12/02/93 09:41
'C'407 241 0646
MORTON GROUP
~005
~~
NC1vember 30 1993
Page Four
6. SrGNAG,. ON 1-95
-*
At mea
P.C.D.
the ';S
~.. i nC:le
propl!r
p ro }~C
with t
ation an accord was reached to allow a sign facing I-95 for this
pro ject on 1 and acqu ired ei ther from E 1 s i e & Bill ;~ ; tlchester or
railroad. We had negotiated for the purchase of a portio" of the
ter property and from CSX which would give us continuity of
y and ownership to our P.C.D. and erect signage to ~dentify the
and its ma.jor tenants. At this time, .we would like to proceed
at project with the commissi.ons appro'n 1.
7., MASu~ =L.AN MODIFICATIONS P.C.D./P.U.O.
i:
>r
lie u{
mas tier
s",bmit
the 5
appro...
,lan i
Plasti
We arE
time Q
It was
each t
AClM,
bs i ng
exteno
8"
suggesting that nther ha'/ing to $1.tbmit a mod.ification of the
plan each Time we s-ite p1.lr'l a por-ticn of the ;Jroperty that we
the mc:dificatio'n when that section ~5 complete. F(lr e~ample on
era portion of oUr P.C.D. west of S~ 8th Street, having received
1 for the 1 aCY'e service station site, we provided d new master
corporating same. When we r'ece"ived approval for the L 4 acre Acme
site, we were &sked to again provide a master plan modification.
not objecting to showing these projects on a new plan bu~ to tne
d expense of pr-ocesslng each time which c:auses adCl1tional delays.
apparent to Chris Cutro that this wou1d delay our approval process
me, agreeing it should net have to be done. As in the case with
;he delays ha.ve ended up with both the developer and the City
this ~axpayer as they dec~ded not to build as completion time
d too late into the season.
LANcse PE BUFFER US WALL
Along he West property lin~ of the 5 acre P.C.D" a great deal a~ time
and e) ense was put into designing a suitable landscaping buffer ~ather
tliat a 0'0" wall. Plans were subraitted and approved aml the berm a.long
with . :nclscaping material was installed in 199Q. It was agreed that
ther'e n: y be a wa 11 between the 15 a.cre P. C. D. pa.rCEI 1 at the North s i ae
and Sc !th end of the 48 acre P. U. D. A 11 tn; s was done with counc i 1
appr~v 1 at public hearings.
RESERV TION OF Sr~cR & WATER CAPACITY
g,.
Affirm t;on by council and 1etter from City Util1ties Dept. that capacity
will b reserved and avai~a.ble fo?' th~s project iJnti: it 1:; completed.
...........
12/02/93 09:40
......
!!407 241 0646
~004
MORTON GROUP
,.,
''WI1
'."J..:i t"\!!3
November 30, 1993
PagE~ Three
4. INOCSl IAL ACCESS ROAD
This 1 lad is an SO.OI R.O.H. between tne P.C.D. and P.U.D. running East
from . w. 8th Street to the CSX rail road tracks a long I-gS. We have
ask~dhe court to aba.ndon tl'li $ iCiad as it ser\les no purpose, the 0.0. T.
and ri lraad have firmly indicated they will not grant a crossing at this
loeit . In. Documents support irlg this have been submitted to the courts.
Weha a not aggressively pursued the matter so a.s not to affect tne
Wil1c:h, ;ter property east of the 'l"ailr04d by elimineting :.his aCCESS
complt ;elv. We h~l/e worked with MS. MU:son and Chris Citro at mediat10rt
to am cable 'l"eso lye thfs ;s'l.le. The cOtmlission needs .:c rat~fy our
mad+f. :ation to th~ P.C.D. Master Plan to reflect. same. 6a.sical1v as per
the a~ :ached sketch, we are ir.carporating the access road ana the-service
road ~h ind the shopping center into one road. Paving tlli s area with
road ~y ; ng of the a,pne.1t typ. that \IIOU 1 d be usea for the road had it.
been onstr-uc:ted. Tnis gives us the ability to move ~he bu i lc1ing
5tr~lC:~ Ire to the north property 1ine, lIlainta1ns access should Wlncnester
ever';:hieve the rail crossing and e11m1nates what is now a f:no mans
80.0' :orridor of paved. road which probably wi 11 never be used except for
n 1 eg~' dump 1 ng t ca.r rac1 ng, teenagers hano out or whatever. A new
maSl:e1 plan reflect1ng ttlis change will be sUOmitted when we finalize our
s1te 1 i:an with the retail use or user for this parcel. The concept needs
to I,e approved now as to al10w the site plan to be developed with this
changi incorporated. We would b'!e e1im;nat~ing the letter af credit in
place ~r this road.
*
'-'
.:K
'-'
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~
- .
USES
In l~
negot
of ii
dens; .
Howevl
that
~xeru'
land
s tr-i C'
tha. i: 1
i I1tlill1'
agrE!el
u!e 0
MaeDol
e.W!y'e
~~e p
j THE P.C.O. DISTRICT
6 what is referred to as the first 'settl9lDent a.greement, was
ltad and executed by all parties. That agreement nas the product
Irotracted n.Qgotiilt~on ",hie!'! produced a sign'ifieartt reduction of
i, intensity and uses and cOll1promises for the P.U.D. and p.C.O.
, as th@ pOlitics then dictateo) the city unfortunate1y reneged an
:~r@el1\t9nt with a new sett 1 Qnlent agreef11ent negotia.ted. 'i'! 1989 -lnd
td in 1990. Tne 1990 agrcem~nt restored cnenges to the density,
'ses, square footage, etc. and ~fer' to the 1986 settlerr~nt
:iya.s a poine of beginning. It was the 01:515 for which the lawsuit
lS implemented, and the 1990 ~greement completely restructur~ the
,ion of the parties :Nhen execl.Ited in 19.90. . One element in the 1986
mt changed by the 1990 agr-eement, wh ich has oeen quest 1 oned the
our out parce1s fo,- fast food facilities such as Kenny Rogers,
11<1s, Burger King, auto related uses, etc. We r:eM staff to be
i:hat these are allowable uses as our unaeriying comprehensive land
in and the approval for this project is a P.C.D./C-3 destg1atian.
12/02/93 09:41
, t W' ..
~
*
"407 24.1 0646
MORTON GROUP
~ 006
~~
NOvelllbl'" 30, 1993
Page F' 'e
10.
EJ ,'EOITe:O PROCESSING STIPULATION
11.
Kl d to Ifflrm this proce.s so as not to cause a problom like we ha.. had
w1 h Acmo Plastic.. There is an executed stipul.t;on in Place that needs
tc he clarifie~ to include development an,:! const~llct:on permits.
2 ~RE COMMERCIAL PARCEl~ aOmON BEACH BOULEVARD
.
Th · parcel was to be reZoned to C-2 iI$ per Our mediation agT@eme.ti
h. 're Judge Silverman. The proc... .hould ha.e begun last ~ar,
hO'~ver, we were trying to find an end user far the property th~ matte~
~(a! not Dressed at that time. Uses that ~re considered were a) mill;
wal ~house; b) 1fmfted COmmercial; c) medical Dff1c:e: d) .-.ralk in medical
ee, :er. The processing needs to begin now. fl'lere are other questions
th~ halle and wi 11 come up and 1'lged reso lye I and obvious'iy if we can work
the through with staff we ""i J 1, if not wi 11 of COurse have the
opp rtunity to bring to the COQRisslon at ?ub11c Forum.
,"""
~
.,
.."
..."
.."""
12/0%/93 09: 38
t!407 :' A 0846
KORTON GROUP
iii o.n
r
t
~
roo '0:
MEMO ROM:
DAlE:
~E:
Scott Mfller, City ~ Boynton Beach
Michael Morton, Woclbri~ht Place Venture
Nov~mber 30, 1993
CITY COUNCIL MEETING
(ATTACHED MEMORANDUM)
--
As di cussed before the council, ! have reduced to writing a synopsis of
some f tne issues that we presented NDvember 2nd.
r res actfu11y request that we be put on the cQunCil agend~ ~o; December
7th, )r further c1 i scuss ions and reso he.
:f yo ..Dave any Questfons ;nd need to meet prior to Tuesd~y, I can be
ava: k}7e YOU Monday, December 6th anytime.
S~:~l.
~,
Michae. Morton
M~:gl"
Attach tnt
cc: Ji;lI Cherot
H ,>lard Scharlin
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RECEIVED
DEe 2 /.1
I
CITY MANAGER'S OFFICE
,6. ...,A.
..
..",
.
MEMORANDUM RO. 93-398
. .
TO:
Tambri Heyden, Acting Director of Planning & Zoning
Don Jaeger, Building Official ~
Jim White, City Engineer \. '$::l
Pete Mazzella, Assistant to the Utilitie . ~ctO&
Kevin Hallahan, ForesterjEnvironmentali t,j 0--1}. /~
~ /'t..... roo o~
~...., 'i; I'.l' .
I .G.~ <J,~. \Z'
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'('-':'_~-~~./ -
FROM:
J. Scott Miller
City Manager
DATE:
December 7, 1993
SUBJECT:
TRADEWIRDS
Attached hereto please find a copy of a memorandum dated November
30, 1993 from Michael Morton, Woolbright Place Venture, to my
attention, providing a written synopsis of the issues that he
presented to the City Commission at their regular City Commission
meeting of November 2, 1993.
I would ask that you please carefully review said transcript and
respond in writing to those specific items that pertain to your
department only capitalize if you have not adequately and
comprehensively covered that issue in your previously written
memorandum. In essence, please check the issues to your former
communication to be sure that all bases are covered.
Please respond to this office by December 10, 1993. Thank you.
fS~; -
JSM: smb
Attachment
c: Mayor & City Commission
John Guidry, Director of Utilities
Mike Haag, Zoning & Site Development Administrator
Charles Frederick, Director of Parks & Recreation
12/0Z/93 09:.u
fJ'407 241 0846
IORTON GROUP
~006
.. t. .
~~
(
. .
Novemb, · 30, 1993
Page F! 'e
10. fJ .IEOITED PROCESSING STIPULATION
Nf I,d to affirm thil process so as not to cause.. problt:HIl l1ke we h'ave had
w1 h Acme Plastic~. There is an executed stipulation in place that needs
to be clarif;e~ to include development and cQnst~uct:on permits.
.
11. 2 :AE COMMERCIAL PARCEL, BOYNTON BEACH BOULEVARD
Th '1 per-eel was to be rezon!d to C-2 as per our mediation !greetllent$
be >To Judge S j hel'llllln · The proc.ss shou 1 d have begun 1 as t JI".r,
frOl ~ver, we were trying to find .n end user for the property th~ marte-%"
\'(a~ not Dressed at that time. Uses that were cons1dered were a) mini
wal ~house; b) 1imfted commercial: e) medical off1ce: d) NaJk in meciieal
ee, :er. The processing needs to begin now. fhere ar~ other questions
th~ have and will come up and need re~olvel and obvious1y if we can work
the. through with sta.ff ~ wi III if not wi 11 of COUrse have the
cpp rtunity to bring to the commission at ?ublic Forum.
"
t~
.----
RECREATION & PARK MEMORANDUM #93-361
TO:
Chris Cutro, Planning & Zoning Director
K~jf-
FROM:
Kevin J. Hallahan, Forester/Environmentalist
RE:
Woolbright Place PUD
Letter - R.W. Realty Sales, Inc. (August 18, 1993
September 7, 1993
DATE:
This memorandum is in reference to the above letter item #10,
discussion of any environmental/protected species issues. The
attached letter indicates that there are some concerns about a
federally protected bird species on this property (Florida Scrub
Jay). The birds are migratory and may only be passing through the
property. The agency in this letter (Florida Game and Fresh Water
Commission) have complete jurisdiction over how the land owner must
proceed for compliance. The representative from R.W. Realty Sales,
Inc. should contact Melanie Steinkamp, Biological Scientist III, at
#470-778-5094.
Attachment
KH:ad
~~Il.~
l' - L ..
.. 0;:;
.."~: ~ ~
\0., +
"'''''I~!t'O
FLORIDA GAME AND FRESH WATER FIsH COMMISSION
@..~HE @~o
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"}~~.~7?,.~.~.."~~>-'
MRS. GILBERT W. HUMPHREY JOE MARLIN HILLIARD
Miccosukee Clewiston
J. BEN ROWE
Gainesville
\
JULIE K. MORRIS QUINTON L. HEDGEPETH, DDS
Sarasota Miami
ROBERT M. BRANTLY, Executive Director'
ALLAN L. EGBERT, Ph.D., Assistant Exec~ive Director rAUB r12 ..
\
~
\
,
.,
.'.
110 43rd Avenue, S.W.
Vero Beach, Florida 32968
August 9, 1993
'.
Mr. Michael Morton
Tradewinds Group
902 Clintmoore Road, Suite
Boca Raton, FL 33487
'''-.
.......t ~..~_~.._.,.-~
"
124
Re: Scrub jay sighting, proposed PUD,
Palm Beach County
Dear Mr. Morton,
Staff with the Office of Environmental Services of the Florida Game and
Fresh Water Fish Commission (GFC) and the U.S. Fish and Wildlife Service
(USFWS) sighted a scrub jay, a state and federally-listed species, on property
associated with a proposed PUD, at the intersection of 1-95 and Woolbrite
Road, north of an existing Home Depot.
Chapter 39-27.002(4) Florida Administrative Code, and the U.S.
Endangered Species Act of 1973 provide for the protection of listed species;
therefore, to avoid a taking~ surveys for scrub jays must be completed and the
GFC and USFWS contacted for coordination prior to project initiation. If you
have any questions, please do not hesitate to contact me at (407) 778-5094, or
Jane Tutton with the USFWS at (407) 562-3909.
Sincerely,
~2lf~
Melanie Steinkamp
Biological Scientist III
MS/rs
ENV 2-1-1/6
j ayboy. ind
enclosure
cc: Jane Tutton, USFWS
Kevin Hallahan, Parks and Recreation
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33435
Chris Cutro, Planning Director
City of Boynton Beach
1943 - 1993
50 YEARS AS STEWARD OF FLORIDA'S FISH AND WILDLIFE
/
. (jJ~
~;J7U7/>t---
MEMORANDUM NO. 93-348
TO: Tambri 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
,1ik Ck!/,~
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CrU2jY- {J~l
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Mayo r:
Matson:
Morton:
VERBATIM TRANSCRIPT FROM NOVEMBER 2, 1993 CITY COMMISSION MTG.
Re: Disc. with Michael Morton - Shoppes of Woolbright
All right, we'll 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 Conmission. Wel('e on
the agenda tonight and I guess the heading is just part of what we
wanted to discuss. live had several meetings with the City
Attorney and I had a meeting with the City Manager and I had a
brief meeting with Conmissioner Matson. The issues that came up
were... back in October of 1991, Mr. Cherof and my attorneys, John
Boranick, myself and I believe Conmissioner 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 welve 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:
Morton:
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 cou1dnlt 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 Leisurevil1e 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 that's a misnomer. I discussed this with Mr. Cherof. I mean
I'd 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:
Aguila:
Morton:
Aguila:
Morton:
Miller:
Mayo r :
Mi 11 er:
Morton:
Miller:
Mayor:
Mi 11 er:
Mayo r:
Aguila:
Mayo r:
Well, but the only thing on the agenda is the buffer wall on the
west boundary. That's all we have on the agenda. We're 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 don't 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 thatls 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 wouldn't 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 canlt 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, I'd 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 PCO, back to November of
1986. And what divesting ULJ:he .'#.im;lQ\~LOf__tilmLrga.lJ.Y__CE!Jated to
as far as pl anni ng i ssueh_z.o_nll19j._~sJJ~~L.SYQdjytsLor1_QLcftr:tances
~ and Acme's permit fees ._and a 11 the othe r fees that wou 1 d... may
have come along the pike since the 1986 Settlement Agreement was
put into effect.
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Uht
Number two on my 1i st were envi ronrn.en.tgJis..s.u.es. that were di scussed .
back in 1986 and through 1990 when the Settlement Agreement went ~. ~
into effect. That included all our permits, clearing, grubbing,
excavation, removal of gopher tortoises, scrub jays, etc. One of fltU1n;i/1,
the problems that we just recently ran into in that particular fC'yc.'-;fe
arena was that for some reason after havi ng had the scrub jay issue p. J) ...--
come up in 1990, it suddenly reared it's head again and it needs to :.Y-4--:;,
be examined as to why it did, who did and the reasons for it and ~:~
try to put this to bed as well. ('
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 ~servation of
sewer and water capacity for thi~pco~~ I don't believe thefeTs
a problem in that area. I believe that the City has adequate sewer
and water.
.~::;,,/
lcfir
1=10->111,'
11m 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 ~.~-
I
plan modifil"'i'ltion~ aa..truL.e.C.lLanrl PliO. And that was on the letter
that I recently signed to try to expedite the Acme Plastics t:1CUdJ"/lr
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 land~~ap1L-Qyffer verses the six foot wall on
the PCO property 1 i nee That is on the agenda-fcfn;ghl~ Back in 4F <:__j
1986, as I stated earlier, the City and the Leisurevi1le folks, Joe
Molina, etc., were very concerned as to what would be facing the ~JJ, .
Leisurevi11e folks and that's when we came up with moving S.W. 8th ,Ldldl-
Street, putting in a drainage lake and putting a landscaped berm 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:
(con't)
that there be a major landscaped benm 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 Leisureville 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.
The next thing on the list was the notification of the S.W. 8th =ft G
Street road (inaudible word). The original contemplation in our . .f:1'7:\.
agre7ments was that..s.W. 8th Street wo~ld be a four lanF' road ~nt.Uirllrl,
runnlng through the PCD and then transltioned down to three lane~.
and the City was going to acquire right-of-ways to_run through Laka
~oynton Estates up to Boynton Beach Blvd. and eventually we-we~
giving up a four lane right-of-way~ We were building three lanes
and they were gonna build three 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 al ready addressed theexpe~Lte~roce~liJlg and the sti -..4F '7 ,-
pulation that the City entered into with us about processing our Ok-cL-
plans expeditiously. One of the items that was important to us was Pt.iU ,i",.,
modification of the PCD, the major portion of the PCD and the d_ ___1'1/1'1:)
industrial access rn~n that1s on the north side of the PCD. We ~ ~ .
brought that issue before the courts in 1991. We discussed it at -M-:C~le:VT.1-
length at mediation. lid like to get that issue also resolved. how~'111Y1..~
that industrial access road can be incorporated into the PCD.
Ah, the next issue on my list is the 1986 Settlement Agreement wa~
jnrorporated as part of the 1990 Se~~ent Agr~ements for
reference only because that's where the lawsuit began, in 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.pylon along 1-95. 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.
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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
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-5-
Verbatim Transcript from 11/2/93
City Commission Meeting
Morton:
(can't)
Miller:
Morton:
Mi 11 er:
Morton:
Miller:
Morton:
Mayo r :
Morton:
Mayo r:
Mill er:
Mayor:
Mill er:
Mayor:
Aguila:
Mayor~
Ag u i1 a :
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
two acres was part o f--1he-'lledia..t. ; on process to be zoned ~Ltb__~9me
uses that would be commensurate with what else is on Boynton Beacll
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 havenlt. 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 don't. That's not what the agreement says....
Okay... well, this is why 11m here tonight, so we can interpret
what the agreement says...
Wait a minute. Welre only discussing the items that are on your
list at this point in time to get them into the record. Welre
actually only here for the buffer wall and nothing else.
Okay, well, 11m 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:
Aguil a:
Morton:
Matson:
Cherof:
Matson:
Morton:
Matson:
Morton:
Matson:
Morton:
Thank you.
Donlt be too sure he's almost done...
Well I'm counting... he's 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 ~i/
is Jetters of credit which have been posted with the City at ' . -
various times since 1986 for various portions of this project. And -En?;,.
you received a letter today stating that some of our letters of U~J(
credi t have expi red and I III make sure that gets taken care of. ~l I,j; 1'1
My last item is how we address under these f~ture uses, PUD and ~I~
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 1A
site plans for different types of uses on the PCD and different llctnrl ;"
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.
Urn, 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. It's 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 j-t-/
Agreement does not prohibit that. That's the only reason that
didn't come up in mediation. It was a new issue. And as far as d'-..Jl.x-.
the buffer wall, the original landscaped buffer was approved and I
-7-
Verbatim Transcript from 11/2/93
City Commission Meeting
Morton:
(conlt)
Matson:
Morton:
Agu il a:
Mayor:
Aguila:
Cherof:
Mayor:
Cherof:
Mayo r :
Aguila:
Morton:
Walshak:
Aguila:
the idea being that Leisurevi11e 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, we1re 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. Letls 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 et IS. .. .
We need to sit down and talk about them and of course we canlt do
that tonight for a lot of technical reasons. But 1etls 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 theylve 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 Leisurevi1le
would rather see that. But 11m speaking out of term. I wasn't at
the meeting and I donlt know what they said and I don1t 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:
Aguil a:
Mayor:
Ag u il a :
Mayor:
Agu il a:
Mo rton:
Aguil a:
Morton:
Ag u i1 a :
Morton:
Mayo r:
Aguil a:
Hayon.
Matson:
Cherof:
Well, I agreed to the landscaped benm 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 corre~tly he said noise travels over walls and
he likes benms too, so...
My feeling is that if we've got an approval somewhere welve got to
have it in minutes. It's gotta be in minutes. If you can't find
the plan that's been approved, itls 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 11m 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
ba il out....
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 wouldn't have to deal with them on an individual
basis in the future. I'd 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.
00 we have to go back to mediation?
I think that's the best fonmat to discuss it. To get all the
issues on the table. To get staffls input on it. And then to
-9-
Verbatim Transcript from 11/2/93
City Commission Meeting
Cherof:
(con't)
Matson:
Morton:
Mayor:
Matson:
Mayo r:
Matson:
Walshak:
Aguila:
Walshak:
Aguil a:
Matson:
Walshak:
Aguila:
Matson:
Morton:
Mayor:
bring it with staff's 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, I'd be happy to go back but that opens up old wounds
and I think we should ~e 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 canlt, well...
...we'll go back to mediation.
I don't think therels 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. I'm 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
there.
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.11 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:
Mayor:
Morton:
Mayo r :
Morton:
Walshak:
Mayo r :
Morton:
Matson:
Morton:
Matson:
Mayor:
Matson:
Mayor:
Aguila:
Matson:
Mayo r:
Aguila:
Mayor:
Matson:
Mayo r:
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 g~t them resolved.
... no....
Itls really not a wish list. Itls a...
Thatls his opinion, Mike. One person.
live already said 11m in favor of resolving all that can be
resolved.
Okay. Good.
Let's 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, let's 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
Mayor:
Matson:
Miller:
Matson:
Mayor:
Well, if we research....
That needs to be a sub-motion because we have to vote on verbatims.
Do it.
Okay. So let's take care of this motion and then 1111 make another
motion about verbatim.
Voices: Aye.
All right. All right. All in favor of this motion, say aye.
Mayor:
Matson:
Voice:
Mayor:
Voice:
Mayor:
Voices:
Mayo r :
Miller:
Mayor:
Matson:
Mill er:
Mayo r :
Opposed? (silence) So carried.
I'd like to make a motion that this discussion that we just had on
this item that's not on the agenda... a verbatim transcript.
Second.
All right. A motion's been made and seconded to try and get as
much verbatim as possible... love that in the Clerkls office...
Okay.
Any discussion on the motion? Okay. All in favor?
Aye.
Opposed? (silence)_ So carried. You know I really think that's
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.
It's got to be here, if there was a motion passed. The minutes
have to reflect it.
You're right.
(Discussion changes to a different topic)
Yeah. I think so. All right.....
J .~
. l" -. , r:.'-+-+
,.. f., ,": I : J" .~ ...._/./ ~ . ,,",.1_"_
Shannon Burkett
Deputy City Clerk
(Transcribed from Tape 2 of 11/2/93 Meeting)
-12-
~,
f-y-r
PLANNING & ZONING DEPARTMENT
MEMORANDUM NO. 93-250
TO:
FROM:
~~tt Miller, City Manager
~~
Christopher Cutro, Planning & Zoning Director
DATE:
September 27, 1993
RE:
Tradewinds
This is a response to your memorandum on Tradewinds aSking me to
review the stipulated settlements for items that have not been
completed.
S W 8th st has not been completed with a turnaround and questions
surrounding the industrial access road and railroad crossing have
never been settled.
As far as I know, all other conditions within the settlement
agreement have been met. This review did not include any review
of conditions on plats, site plans or master plans.
I hope this memorandum is of some help to you. If you should
have any questions, please feel free to call me.
CC : f rb
A:93-250
r<ECEIVED
St:.t" 2 7 1993
CITYMANAGEA'S OfF;,: "
PLANNING AND ZONL.G DEPARTMENT MEMORANDUM NO. 93-317
FROM:
J. Scott Miller
Ci ty Manager r-- . 6 _/~ .
Tambri J. Heyden ~ ~
Acting Planning and Zoning ~ecto
TO:
DATE:
December 13, 1993
SUBJECT:
Revised response to Mr. Morton's revised list of items
woolbright Place PUD and Shoppes of Woolbright PCD
As requested by your Memorandum No. 93-398, which was initiated due
to your receipt of Michael Morton's submittal of a written synopsis
of the issues he presented at the November 2, 1993 city commission
meeting, I have revised my previous response (Planning and Zoning
Department Memorandum No. 93-306) as follows:
1. Vestina Issue
My previous response (provided under response #1) still
stands. Our department has been charging current fees for
development applications submitted by Tradewinds. In my
opinion the city Attorney needs to advise.
2. Environmental Issue
My previous response (provided under response #2) still
stands.
3. S.W. 8th street
My previous response (provided under response #6) still
stands. For your information, I met with a gentleman
approximately two weeks ago who was interested in developing
the multi-family portion of the PUD. He told me that no
developer, especially one who builds affordable housing, would
be able to build all the units allowed within the PUD because
of the traffic situation. Therefore, I would think allowing
just a two lane right-of-way would make developing the PUD
even more difficult.
4. Industrial Access Road
My previous response (provided under response #8) is
heretofore revised. Mr. Morton's synopsis included a sketch
which I did not receive, however he provides information of
which I was not aware. In researching our files on this
topic, there is a substantial amount of correspondence. If
the access road is moved farther south, the anticipated
connections to Mr. Winchester's property will not meet the
subdivision regulations (if copies of this correspondence are
needed, please let me know). In addition, as discussed in my
previous response (#4 regarding filing master plan
modifications), I would strongly recommend that necessary
master plan modifications not be delayed to the time of
submitting site plans for the reasons discussed in this
previous response.
5. Uses in the pcn
My previous response (provided under response #9) still
stands.
TO: J. Scott Miller
-2-
December 13, 1993
6. sianaae on 1-95
My previous response (provided under response #10) is
heretofore revised. In researching again the sign code that
was in effect in 1986, a second (additional) freestanding sign
would be allowed. If relief from the 1986 sign code is
desired, the proper mechanism is a Board of Adjustment
variance. This is not a city commission duty.
7. Master Plan Modifications
My previous response (provided under response #4) still
stands.
8. Landscape Buffer vs. Wall
My previous response (provided under response #5) still
stands.
9. Reservation of Sewer and Water Capacity
My previous response (provided under response #3) still
stands.
10. Expedited Processina
My previous response (provided under response #7) still
stands. However, I would like to add that staff believes
there is clarification needed for processing amended plans.
11. Acreaae on Bovnton Beach Boulevard
My previous response (provided under response #11) still
stands. However, I would like to add that the process Mr.
Morton refers to would be a rezoning and possible a land use
amendment, depending on the use desired. No such application
has been filed with our office.
tjh
A:MortnLst2 (Tradewin)
xc: Michael Haag
Michael Rumpf
MEMORANDUM
UTILITIES DEPT. NO. 93 - 515
PROM: John A. Guidry, Utilities Director
TO: J. Scott Miller, City Manager
DATE: December 13, 1993
SUBJECT: Tradewinds - Response to your memo no. 93 - 398
Following is our response to Mr. Morton's synopsis regarding only
utilities issues. Item numbers correlate to those items in his
memo of November 30, 1993:
1) Vesting Issue - Based upon the Oct. 30, 1989 Stipulation
and Settlement, and section 19-89(b)(1) of the City's Code,
the initial 650 equivalent residential connections (ERC's) for
this development do not require concurrency approval or
reservation fees for water and sewer utilities. In addition,
it also appears that the Capital Facilities Charges in effect
in 1986 are the ones to be applied to these 650 ERC's.
4) Industrial Access Road - We take exception to the proposed
abandonment of the Industrial Access Road right-of-way, and
the rei ocating of a bui lding over it, for this route was
intended to contain a gravity sewer line that would serve all
parcels west of S.W. 8th Street. We must see the intended
routing of a re-designed sewer main before we could agree to
a master plan modification on this issue. A letter of credit,
or other acceptable surety is still required for the sewer
improvements in the Industrial Access Road corrider.
9) Reservation of Water and Sewer Capacity - Our comments in
item 1) above relate also to this issue. Up to 650 ERC's of
water and sewer capacity will be reserved or committed for the
entire project. Note that Home Depot has already used a
portion of this capacity.
We al so have an addi tional comment regarding the Acme PI astics
site. namely that this office never received an acceptable form of
surety for the off-site gravity sewer which would allow this site
to connect to our sewer system. The del ay on the part of the
developer in furnishing this surety was one of the factors
preventing issuance of a building permit. It should be noted for
the record that this Department modified its original conditions
for approving this site plan, at the developer's request, to allow
for the furnishing of surety rather than requiring actual
construction of the off-si te line as a prere
building permit.
DEe I 4 1993
J. Scott
December
Hemo no.
Page 2
Hiller
13, 1993
93-515
, .
I trust the above discussion fully addresses Mr. Morton's comments
regarding utilities issues. Please direct any further questions on
this matter to Peter Mazzella of this office.
JAG!PVH
bc: Peter Mazzella
xc: Jim Cherof
Tambri Hevden
Jim White
Don Jaeger
Kevin Hallahan
File
",f- ,_~_..."
;..,~:.-,'..-.
. .
. .~
.~.... '..;.;......f..,'.. _..
12/02/93 09:39
"401 241 0846
MORTON GROUP
iI 002
..
, .
MEMO TO:
~ENORiNDUIS
City Of Boynton Beach
City Commissioners
City Hlnag~r
Michae 1 Morton
Nov. 30. 1993
.
MEMO FROII:
DATE:
RE: WOOlBRIGHT PLACE V~NTURE
PUBLIC HEARING
DEVELOPMENT ISSUES
Thank you ~or allowing me the opport~nlty 1:0 address the Comm"1ssior. 1'uesaay,
NO\lembe1" ,ld, l"egarding issues relative to clar11'1cat1o.n of tne 5ettlement
.~ccords rE cned in 1990. As I stated; tne property owner~ are concerned that
the Ci'ty : .off take a posit'ive patn when presenttd \1ith planning, en91neering
-3.nd const ..lction matters and expec11t1cusly process same as =greea in our
~arious 51 pulations.
.~s the CC :m1ss1on has been maCle aware, Jim Cherof and our attorney, John
geranek ha e been before Judge Edward Garrison who maintains jurisdiction over
the settl, ~nt agreement and its fmplementation and as per his directive, ~e
have gone ;0 mediation on two occasions before Judge Silverman. Lynn Matson
,)!'t beha If of the Comissiofl, Chris. Cutro, our respective attorneys. Howard
Schar 1 in c.ct myse If attended same and it was agreed that the i $Sues 'nere a 11
~esolvatle several have been, several remain, some new 1is~es have aros&.
iherefore
the C it)' j
that are
commission
n the spirit or our ongoing good faith and conciliatory ~ffo~ts.
ld th~s developer should rl!sa1\1& the questions and interpl"etat.ions
:urrently outstanding. I tr~8d to present a synopsis to the
and as agreed, I am following through with this memor~nourn.
12/02/93 09:39
tt40''-- , 0646
MORTON GROUP
!4I003
r
'OIl:1:. ~
, .
November :! l , 1993
Pa'1e Two
1. VEST1 !!G ISSUE - AFFIRMATION
G.c~Q." ?
The ~ U.O. and P.C.D. whi~h com rise thf rojec~ WA~ vested by agree~nt
to Nc.ember 1986 an 1"'atifieti b the Count Thu wlndow of t11'11e apP!leS
to b t not 1 imited to all issues of t. is project inclucUng p1annmg,
zonir 'f subdivision ol"dinances, uti lity fees I permit fees, city an:!
cOt.:n1'" impact fees, ete. the premise is had ~e been al10wed to build this
prcjE .t in 19S6 a.s WQ should nave. those were the fees in effect. .We
shc-u' .. not be subject to new fee, or fee increases that became elfectlVe
SUbSE uently November 1986.
Z. ENV Iii' :NMENTAL. ISSUES - AFFIRMATION
The ( ty, county and Florida FiSh and Game all agreed upon the ves~Tng
statu of this project in 198E. Florida Fish & Game signed off on the
prope ty and the City was to issue c.learing, grubbing, grading and
ex~av,tion permit3 for both the P.U.O. and P.C.D. After ~$olving gopher
torto se and scrub jay concerns by relocation 01 the gopher tortoises, .e
prOC8 dad to construct tl'le Home Depot faci lity. c i eared ~ort ions of the
site or uti Hty fnsta l1a.tion, g~ading and drainage, and axca....ated the
l.kearcel to about 75% of completion. The City has agreed that we do
not j 'lYe enviromtJentaT issues and we can continue forward with tne
p!"epl1~t.ion and s1te development for the project. It would be helpfUl if
the c ty staff c1'fd not consult with or usist the local environmenta1
group which attempt to tamper with the igrQements in place.
3. MODIF :ATION OF S.~. 8TH STREET CONSTRUCTION
Preset :ly S.W. 8th Street is to be constructed (4) lanes :.:p to the end
or en. P. C.O., transition to (3) JUles to the end ,or the P.U .0. The
right of way Ofv!n for the road is 'for four (4) lanes. HOWEver the
likel. lOed of constructing (4) lanes through Lake Boynton Estatas to
8oYrJtc' Beach 80uievard would require extensive acquisition of riqnt of
way. i ierefore. at this time it 'NOU ld be safer to transition down from 4
lanes :0 2 la.nes t:hrough the P.U.O. to Ocean Avenue. If at any time in
the f~ ure the county or city w~nts to ~ lane to Boynton Bea,h Blvd.. aur
4 lane R.O.w. will of course be in place. .
12/0%/93 09: 40
tt407 241 0848
MORTON GROUP
iii 004
...'10~ !I'2l:=
, .
November 30 19S3
Page Three
4. INOUS1 IAl ACCESS ROAD
This, tad is an 80.01 R.O.rI. between the P.C.O. and P.U.O. r-unning Eut
from .N. 8th Street to the CSX rai1r-oad tracks along I-gS. We have
asked :he court to ab&ndon this r-cad as it sar~es no purpose, the O.O.T.
and rc lroad have firmly indicated they will not grant a crossing at this
1oeit' -n. Documents supporting this Ilave been submitted to the courts.
Wena a not aggressively pursued the matter so ~5 not tc affect tile
W;nchE ;ter property ea!t of the ~a;ll"04d by eliminc.ting -:t:is access
complt ;ely. We n.4ve worked ",ith Ms. Matson and Chris Citro at mediat10n
to am cab le ~e$O lve thfs issue. The cOImlission needs :c rat1fy our
modif. :ation to th~ P.C.D. Master P11n to reflect same. Basicallv as per
the a1 :ached 3ketcn. we 4r"e incorporating the access road ana the- service
road~h;nd the shopping center into one road. Flaving th1s area with
road :lY ; ng of the upn~ 1t type that would be usea for the road had it.
/ ..J- been onstr-ucud. This gives us the ab1l1ty to move the building
h/~.' ~ ['5true~ lie to the north property 1ine, m!1m:atns a.ccess should Winchester
ever :::hieve the rail cross1ng antt el1m1nates what is now a I;no mans
~yt:ty: L j, 80.0' :orridor of paved road which probably will never be used except for
( , 1"7 ~ ; llegj' dump1ng, car rac1ng, teena~ers hanc out or whatever. A new
I~~~L_ J- mastel p1an retlect1nq tnis change wl11 be 5uDmitted when we finalize our
""4 s1te ! Ian with the retai 1 use or user for this parcel. The concept needs
lIr<..c.enc".?,,4; to Oe approved now as to allow the sfte plan to be developed with this
f /l' , c.hangl 1nCOfP<l'rated. ',lie would be e1 iminatinq the letter of credit in
~V~ "....c:..z.T~ place ~or this road.
./
eIc. _
~
..
-.
USES
~ THE P.C.D. DISTRICT
In l~ 5 what is referred to as the 'first 'stttlilll&nt agreemen't, was
negot ited and executed by all partiQS. That agreement ~dS the product
of a. )fotracted nQget;4t~on ....hich produced a !;gnifieaflt reciuction of
dens;' I. int~ns;ty and uses and compromises for the P .U.O. and I).C.O.
Howev. ' as the politics then dictateo, tAe city unfortunately reneged on
that ~reement with a new .ett iQl11Qnt agreement negotiated in 1989 and
exeCtr !d in 199O. The 1990 agreement restored c:t'lcf1ges to the density,
land l,liQS, squarQ footage, etc. and refers to the 1986 settlement
stric' ly as a point of beginning. It wes the basi! for which the lawsuit
that l'lS implemented, and the 1990 agreClTent completely restructured the
inten' ion Qf the partie:! when executed fn 1990. . One element in t~e 1986
agreer mt changed by the 1990 agreement, which has De@n questfoned the
u!e 0 our out. pal"'cels foT" fast foed fac1l1ti~s such as Kenny Rogers,
MacOol 11d$, Burger- King, auto rell!.Led uses, etc. We i"ie~a staff to be
!W~~e :hat these are allowable uses as our unGer~ying comprenensi~e land
~~e p \n and the approval for this pr~ject is a F.C.D./C-3 desig~a!ion.
)
. .
November 30 1993
P!ge Four
~. SrGNAG. ON I-95
At med ation an accord was reached to ailow a sign facing I.95 for this
P.C.!). project on land acquired either from Elsie &. Bill r~inchester or
the CS railroad. we had negotiated for the purchase of a portion of tr~
Wlnche ter property and from CSX which wol.lld give us continuity,. of
proper y and ownership to our P.C.D. and erect signage to identify the
projec and its major tenants. At this time. we would like to proceed
with t at project with the commissions approval.
j. MAST:RJl..AN MODIFICATIONS P .C.D./P.U.D.
We arE
master
submit
the 5
appro...
;:llan i
P 1 asH
We are
time g
It was
each t
Acme,
losing
e~tena
suggesting that rather having 'to s1.lbmit a /llodificuion of the
plan each time we site plan a portien of the property that we
the mcdification wtlen that section is complete. FlJr e}l;ample on
c.r-Q portion of oUr P.C.D. west or SW 8th Street, ha'dng received
1 fo~ the 1 acre service station site, we prov'ded a new master
ccrporating same. When we received approval for the 1.4 acre Acme
site, we were .sked to again provide a mcster plan modification.
not Objecting to showing these projects on a new plan bUL to tne
d expense of processing each time which causes addftional delays.
apparent to Chris CutiO that this would delay our approval process
me, agreeing it should not have to be done. As fn the case with
;he delays have ended up with both the developer and the City
this ~axpayer as they dec1dea not to build is completion time
d too late 1ntQ the season.
8. LANOSe PE BUFFER US WALL
Along he West property l;n~ of the S acre P.C.D., a great deal of time
and e) ense was put into designing a suitable landscaping buffer rather
tl'lat a 6'0" nrall. Pla.ns were sutmlittea and approved ana the !:linn a.long
with . mdscaping material was jnstailed in 199Q. It was agreed that
ther~ nly be a wail between the 15 acre P.C.D. p.rcel at the North side
and S( !th end of the 48 acre P.U.D. A.ll ti'lh was done with council
appr~v 1 at public hear1ngs.
9. RESERV rIOH OF SrwcR & WATER CAPACITY
Affinm tion by council and letter from City Utilities Dept. that capacity
will b reserved and avai1a.b1e for th~s project unti1 it is ccmp.ietec1.
t S" I.. c..7"~-
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Vj'4-. ('-f
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PLANNING AND ZONING DEPARTMENT MEMORANOLM NO. 93-306
FROM:
J. Scott Miller
city Manager
/) ~l /
Tambri J. Heyden ~.L"}Ll~"'~L- . Q. i</-c,i~(2n__
Acting Planning and Zoning Di1fector~~'
TO:
DATE:
November 23, 1993
SUBJECT:
Michael Morton's list of items - Woolbright Place PUD and
Shoppes of Woolbright PCD
After reading the verbatim transcript you provided regardinq the
list of issues itemized by Michael Morton at the November 2, 1993
City Commission meetinq, these issues can be summarized as follows
(the affected departments are included, as well as the Planning and
Zoninq Department's understandinq of the issue):
1. Vestinq of the PCD and PUD relative to land use. planninq.
zoninq. Ci tv ordinances and permit fees (all departments
represented on the TRC with emphasis on Planning and Zoning,
Building, Engineering and Utilities)
This issue is addressed in stipulation 16, 20 c, 20 d, and 22 of
the January 24, 1990 Stipulation and Settlement Agreement between
Tradewinds Development Corporation and the City. Based on the
referenced stipulations, of which I believe Jim Cherof has now
provided all TRC members a copy, staff has been reviewing all
development applications submitted by Tradewinds against the codes
and ordinances, including the zoning code and the 1986
Comprehensive Plan Evaluation and Appraisal Report, in effect on
November 1986. Incidentally, this is how the gas station was
allowed; it would not have been permitted under current
regulations.
I believe Mr. Morton's concern is really permit fees and impact
fees, administered by the Building Department. Stipulation 22 of
the 1990 agreement and condition D.2 of the 1986 Stipulation and
Settlement Agre~ment address this issue; the two agreements are to
be read in tandem. Based on the language from the two agreements,
it is my understandinq that only those fees required in 1986 would
apply to Tradewinds, not that the cost of the fees would be in 1986
dollars. Also, the 1986 agreement states that Tradewinds
acknowledges that the city cannot bind Palm Beach County as to its
Fair Share Traffic Impact Fee Ordinance and that Tradewinds shall
be subject to the County's implementation of that ordinance. The
City Attorney may need to advise.
2. Protected species and their habitat as it relates to pullinq
permits (City Forester, Building and Engineering)
Although the Planning and Zoning Department is not directly
involved with this issue, I offer my understanding of the
issue which is that although Tradewinds is exempt from the
City's comprehensive plan policies reqarding preservation of
flora and fauna, they are not exempt from the state and
federal governments' requlations regarding protected species
and their babitat, such as the gopher tortoise habitat and the
scrub jay. Therefore, I would expect that the City does have
a role in assisting with compliance of these regulations,
prior to issuing permits.
3. Reservatiol, of sewer and water capacitv (Planning and Zoning
and Utilities)
By virtue of stipulation 20 d, which references Comprehensive Plan
Policy 90.5.2 and stipulation 24 of the 1990 Stipulation and
settlement Aqreement, the referenced pu~ and PCD are vested for,
among other things already discussed above, the provision of public
facilities. . I do not know whether the Utilities Department
TO: J. Scott Miller
-2-
November 23, 1993
considers the payment of reservation fees applicable to Tradewinds,
in light of the effective date of the ordinance requiring
reservation fees.
4. Filinq master plan modifications (Planning and Zoning
primarily, however Engineering and utilities are impacted)
The letter Mr. Morton references in the verbatim transcript is the
October 22, 1993 agreement prepared by Jim Cherof. Mr. Morton
signed the letter, which was geared toward the Acme Plastics
project, agreeing that he would file a master plan modification and
the city must approve it, prior to submittal of any new project
within the PCD. In addition, at the August 10, 1993 Planning and
Zoning Board meeting when the Acme site plan was considered, Mr.
Morton agreed he would file a master plan modification before any
more plans were submitted for review. The city Commission at their
August 17, 1993 meeting approved all Acme staff comments, including
a condition that Mr. Morton discuss impact fees with Jim Cherof.
Despite that Acme has abandoned their plans for the PCD site, I
would strongly urge that the City Commission require filing a
master plan modification prior to submittal of any development plan
that is inconsistent with the approved PCD master plan, for the
following reasons:
a) the suggested timing of filing a master plan modification
is what is required of other applicants, however under
the procedure set forth under Resolution No. 92-99, an
expedited process is available to Tradewinds,
b) in light of recent information discovered by staff that
when the PCD was platted, an approximate 1.4 acre tract,
zoned PCD was excluded and included within the PUD plat,
and
c) to ensure the City'S ability to enforce the provisions of
the stipulation and settlement agreements related to such
things as uses, curb cuts and infrastructure and to
protect the City'S interest in promoting the intent and
purpose of planned commercial developments which are
defined as:
1. land under unified control, planned and
developed as a whole in a single development
operation or a programmed series of
development operations for commercial
buildings and related uses and facilitiesj
2. provides for a commercial district of
efficient and harmonious design so arranged as
to create an attractive project readily
integrated with and having no adverse effect
on adjoining or surrounding areas and
developmentsj
3. is developed according to comprehensive and
detailed plans for streets, utilities, lots,
building sites, etc., and site plans, floor
plans and elevations for all buildings
intended to be located, constructed, used and
related to one another, and detailed plans for
other uses and improver\ents on the land
related to the buildingsj and
4. includes a program for full provision,
maintenance, and operation of such areas,
improvements, facilities and services for
coromion use by the occupants of the PCD.
5. Landscape buffer versus six foot wall on PCD property line
(planning and Zoning)
To: J. Scott Miller
-3-
November 23, 1993
I have found the 1986 drawings Mr. Morton referred to regarding a
landscaped berm. In fact I have assembled all the PUD and PCD
plans ever submitted by Tradewinds for the Woolbright site and have
organized them chronologically. However, the detailed berm plans
were prepared for, and apply to, only the PUD. This makes sense
because by code, no buffer, berm or wall between the adj acent
Leisureville development and the PUD is required. Therefore, the
50 feet wide landscaped berm and buffer shown on the PUD plans was
proposed by Tradewinds to appease the Leisureville residents.
As referenced in the 1986 staff report prepared by the Planning
Department and as shown on the 1986 PCD plans, the peripheral
greenbel t required by code where the PCD abuts residential and
where it abuts non-residential districts is shown with no details
for berming or buffering. Therefore, I believe that a wall and a
greenbelt were anticipated for the north and west PCD boundaries,
as is existing in other PCDs.
6. S.W. 8th Street - a four lane road transitioninq to a two lane
road (Plamdng and Zoning and Engineering)
Based on the width of the S.W. 8th Street right-of-way as platted
wi thin the PCD and the PUD, Mr. Morton's statements appear to
correlate with the intent of the platted right-of-way width.
However, I am curious as to what roadway improvements were bonded
with the PUD plat; an Engineering Department matter. Traffic was
a major topic of discussion during the special city Commission
meetings held to finalize the enhancements. I can find
correspondence from Tim Cannon, the Acting Planning and Zoning
Director, when the meetings took place in November and December of
1989 and January 1990, however the department's recommendations
were not approved by City Commission. Furthermore, I am missing
the exhibits referenced in stipulation 15 and 16 of the 1990
Stipulation and Settlement Agreement.
I presume that the methodology used in the approved traffic study
which addressed the enhancements factored in various off-site road
improvements. Therefore, a change in the required road
improvements would impact the traffic distribution assumptions made
and would necessitate a new study.
7. Expedited processinq (Planning and Zoning and City Attorney)
Resolution No. 92-99 sets forth a procedure for expedited
processing. Former Planning and Zoning Director, chris Cutro,
worked with the City Attorney in drafting the procedure. However,
Chris had informed our department that certain details he and Jim
Cherof had discussed were left out of the resolution leaving
uncertainty with respect to several points. Chris left no notes
regarding the meetings he and Jim Cherof had with Michael Morton,
therefore the City Attorney may need to advise. However, since
staff has had some difficulty enforcing the resolution, I concur
with Mr. Morton that the meaning of "expediting" is still not as
clear as it should be.
8. Industrial access road as part of PCD (Planning and Zoning and
City Attorney)
Stipulation 18 of the 1990 Stipulation and Settlement Agreement
states that the city agrees that Tradewinds may access the PCD from
the industrial collector road (now platted as Morton's Way). I
know that the industrial access road has been discussed at great
length during mediations and during meetings between Chris Cutro,
Michael Morton and Jim Cherof, but do not know what transpired. I
am not clear what Mr. Morton means by incorporating the road within
the PUD, unless he wishes to rezone and replat the road as part of
the PCD. The physical location of the road is virtually locked in
place due to the obligation to serve the M-1 property to the east.
Therefore, I see no benefit in either case, since the City is bound
TO: J. Scott Miller
-4-
November 23, 1993
to allowing access to the PCD from the road. More clarification
from Mr. Morton may be needed.
9. 1986 Stipulation and Settlement Aareement and 1990 Stipulation
and Settlement Aareement (City Attorney)
Staff has been operating, under the guidance from the City
Attorney, that the two agreements do not stand on their own and
must be read in tandem. If Tradewinds wishes to modify the
prohibition of fast food establishments (it seems this is the only
issue Mr. Morton is concerned with in the 1986 agreement) then at
minimum, the approved master plan should be modified. The city
Attorney needs to advise regarding the mechanism to change the
agreement, if necessary.
10. PYlon sian alona 1-95 (Planning and Zoning, city Attorney and
Building)
I was not aware that this had also been discussed at mediation,
therefore I do not know what Mr. Morton had proposed relative to
size, wording and height of the pylon. However, at a minimum, the
approved Shoppes of Woolbright PCD sign package would need
amending. In addition, variances by the Board of Adjustment may be
necessary. sign variances are regulated by Section 21-16 of the
Code of Ordinances (page 1492). Only variances to setback, area,
height and number of signs can be applied for and granted. Mr.
Morton is asking for a sign on the side of the PCD which has no
street frontage; there is another piece of property between 1-95
and the PCD. street frontage is a requirement for additional
freestanding signs.
As a point of information, the Quantum Park signs referenced by Mr.
Morton were approved by variance under a different sign code. In
addition, Quantum does have frontage on 1-95.
11. Tradewinds acreaae on Bovnton Beach Boulevard (Planning and
Zoning, Recreation and Parks and city Attorney)
The two acres referenced by Mr. Morton were the subj ect of a
November 1991 land use element amendment, rezoning and text
amendment which was denied by the City Commission. Similar
applications were filed in August 1990 which Tradewinds withdrew
prior to city Commission public hearings. I was not aware that
this acreage was discussed at mediation and am also not aware that
the city won I t be building a park on the 3 1/2 acres acquired
through dedication under the subdivision regulations for parks and
recreation purposes.
Pursuant to the October 17, 1990 parks and recreation agreement
between the City ld Tradewinds, since the City has failed to
generate park development plans within three years of the
agreement, Tradewinds must now pay $60,000 in lieu of the already
occurred land dedication. Therefore, the agreement should be
extended or the fee paid. Since, construction of the PUD, a
residential development that will be served by the future park, has
not begun, it is recommended that the agreement be extended.
12. Letters of credit (Engineering, utilities and Building)
No comment
13. Future uses within the PCD and PUD (Planning and Zoning)
Subject to any use limitations specified in the stipulation and
settlement agreements, Section 6.F.5 of the Zoning Code governs PCD
permitted uses, conditional uses and uses requiring environmental
review. Since this section allows all uses in a PCD that are
allowed in C-3 zoning district, for uses not clearly allowed, and
not expressly prohibited in Section 6.C.1 of the Zoning Code, the
use approval process can be initiated by Tradewinds. This is a
TO: J. Scott Miller
-5-
November 23, 1993
short process that enables a use determination without the expense
and effort involved in submitting a site plan. If this process had
been initiated, the Acme site plan request would have gone a little
more smoothly. Uses within the PUD are governed by Appendix B,
Section 7 of the Zoning Code.
In conclusion, I want to thank you for permitting me additional
time to prepare this report. Due to the history of this project
and the compleJ.i ty of some of the issues, the extra time was
necessary to thoroughly conduct the research.
tjh
A:MortonLst (Tradewin)
xc: Michael Haag
Michael Rumpf
~~
.f.jl\,
1~
April 24, 1992
Tradewinds
Group
City of Boynton Beach
Mr. Chris cutro
City Planner
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Woolbright Place PUD
Blowing Sand
Congress Corporate Plaza
902 Clint Moore Road
Suite 124
Boca Raton, FL 33487
(407) 994-3133
Dear Mr. Cutro:
Based on recent telephone conversations with Engineer-
ing and Planning and Code Enforcement regarding blowing
sand conditions at our Woolbright site, the following
steps have been taken and the following continuous
maintenance will occur.
We will cause our contractor or contractors to con-
tinually water down the haul roadways presently being
used during the excavation process. We will keep the
stockpiles of fill material in a manageable configura-
tion so as to minimize any blowing sand conditions and
water said stockpiles as necessary as a further precau-
tion. If it becomes necessary, we will cause to have
erected a wooden snow fence along the west boundary
line.
On the residential portion of the property, we will
take the same steps as above so as to keep the condi-
tion at its minimal. It is expected that we commence
our clearing, grubbing, and excavation process on the
PUD site within the next 90-120 days, and, if for any
reason, work were to be curtailed or phased and same
became a problem, we would seed and hay that portion of
the property as well.
As you are aware, we have had a bond in place to cover
any blowing sand conditions and will continue said bond
in place that covers the entirety of the Woolbright
project PUD and peDe
RECEIVED
APR 24
PLANNING DEPT.
As you are aware, in the past two weeks there were some unusually
windy days which caused blowing sand conditions. Up until that
time, we had not been aware of any com laints since the last time
a similar condition existed.
We appreciate your help in these
Sincz:erely,
Michael Morton
MMjdob
CITY MANAGER'S OFFICE
CITY OF BOYNTON BBACH
~ ~ Ivr---
X~~/d
~
r
Chris Cutro/Vincent Finizio
DATE
9/30/91
TO:
DEPARTMENT
Planning/Engineering
APPROPRIATE ACTION [J
EVALUATION/RECOMMENDATION [J
FOR YOUR FILES [J
r
ACTION DESIRED PRIOR TO
~
[J
o
FOR YOUR INFORMATION
NOTE AND RETURN
OTHER
SUBJECT: Gopher Tortoises - Woolbright Place Development
Attached hereto please find a copy of a letter dated September 23, 1991,
from Don A. Wood, Endangered Species Coordinator, Florida Game & Fresh
Water Fish Commission, directed to Mr. Kevin Hallahan, Boynton Beach
Forester/Environmentalist, bringing Kevin up to date on the gopher tortoise
relocation permits that have been issued in association with the Woolbright
Place development, both PCD and PUD sites. I draw your attention to the
fourth paragraph whereby the State has asked Tradewinds not to disturb the
PUD site until such time as the relocation of the gopher tortoises have been
fully accomplished. Mr. David Levy, representing Tradewinds, gave verbal
assurance to the State's request.
No site development work whatsoever shall be undertaken by the Tradewinds
Group on the PUD site until the relocation of the tortoises have been
appropriately handled. No formal action is needed at this time. This
letter from the Florida Game & Fresh Water Fish Commission is being for-
warded to you for informational purposes only. No response is necessary.
,~..,
R13.C13.lVED
City Manager
JSM:cd
cc: Honorable Mayor and City Commission
Stella Rossi
Central File
Attachment
c;~~ 30
p\>.Ni'\\NG OE-Pl.
~
RESPONSE:
r
t~
)".,. r~
e tdt ~~
RECREATION & PARK MEMORANDUM *91-301
TO:
Scott Miller, City Manager
K~H
FROM:
Kevin J. Hallahan, Forester/Environmentalist
Charles C. Frederick, Director ~~~j?
Recreation & Park Department ~
VIA:
SUBJECT: Gopher Tortoises - Woolbright Place Apartments
DATE: July 25, 1991
This memorandum is subsequent to the meeting on July 18th
involving myself, Charles Frederick, Chris Cutro, Stella Rossi
(Wilderness Island Coalition), Rosa Dorando (Audubon Society),
Joanne Davis (Native Plant Society), and Gary Lenhertz. The
direction from discussion at the meeting was to ascertain whether
the developer of Woolbright Place Apartments had a permit to
provide suitable habitat for the existing gopher tortoise
population.
I met with and discussed the issue with Mark Robson from the
Florida Fish & Game Commission. We met on the site on July 23rd
in the company of two additional wildlife enforcement officers in
order for his agency to respond to the copy of letters sent to
your office from Stella Rossi and Rosa Durando. The automobiles
all parked at the SW 8th Street dead-end near Home Depot,
attracted a response from Channel 12 TV news who interviewed Mr.
Robson and myself. A short except was shown on the 5:30 PM news
Tuesday, July 23rd. We did find seven (7) active burrows and
one (1) inactive burrow on the site, suggesting that a permit
would be required for protecting the gopher tortoises. Mr.
Robson subsequently checked his file which indicates that the
developer has two (2) gopher tortoise permits on file which have
been extended three times and expires in January 1992. There
were nine (9) individuals from the Home Depot site and three (3)
individuals from the conunercial site all relocated to a donor
site in Deerfield Beach. The current permits allow the developer
to continue the relocation efforts, although the permit for the
apartment site stipulates preserving twenty-five (25) individuals
on the site. The site is to have a "preserve area" for the
gopher tortoises to be relocated to, upon completion of the
permit. This situation could change based upon direction given
by the Fish & Game commission. Mr. Robson is reviewing the
current permits for the site with his supervisor, Mr. Don Woods
(Tallahassee) and will be sending us a letter indicating the
status of the gopher tortoise permit. .
RECEIVED
'ul ~ti
..
PLANNING DEPT.
\
I
~
.......
The intent of this permit is to prohibit any mechanical equipment
on the site prior to effective protection of the gopher
tortoises. This would have a direct impact on use of the site
for a construction trailer in conjunction with excavating the
site lake for the NW 22nd Avenue interchange.
I would suggest waiting for the written update from the Florida
Fish & Game Commission before proceeding with any construction
permits from the Building or Engineering Departments.
KH: ad
CC: John Wildner, Parks Superintendent
Mike Haag, Zoning & Site Development Administrator
Vince Finizio, Administrative Coordinator of Engineering
CITY MANAGBR' S OPPICB
CITY OF BOYNTON BEACH
~~
~
-
TO: Kevin Hallahan via: Charles Frederick
DATE 7/5/91
Recreation & Parks
DEPARTMENT
APPROPRIATE ACTION ~
EVALUATION/RECOMMENDATION []
FOR YOUR FILES []
ACTION DESIRED PRIOR TO
o
o
o
FOR YOUR INFORMATION
NOTE AND RETURN
OTHER
SUBJECT: Woo~bright Place - Gopher Tortoise
Attached hereto please find a copy of a letter dated July 2, 1991, from
Stella Rossi, Coalition for Wilderness Islands, requesting a survey of the
Woolbright place property to be undertaken by Kevin Hallahan for the
purpose' of determining the number of tortoise burrows existing on the site
before they are destroyed through construction activities. Ms. Rossi's
letter for action on the part of the City was generated by a letter dated
June 30, 1991, from the Audubon Society of the Everglades informing her
organization that several local residents have witnessed several gopher
tortoise migrating and feeding on this specific site.
As soon as possible I would ask that you please meet with this office,
along with Charles Frederick, Chris cutro, Stella Rossi (if available), and
myself in order to develop a work program that can be acted on expedi-
tiously. . Your prompt attention is appreciated. Thank you.
0co~,-;;-ty Manager
JSM:cd
cc: Honorable Mayor and City Commission
Carrie Parker, Assistant City Manager
Wilfred Hawkins, Assistant to the City Manager
Chris cutro, Director of Planning
Joyce Costello, Administrative Assistant
Central File
Attachment
RECEIVED
JUL 5
PLANNING DEPT.
4
....",
.;'"
Date (Action Completed)
Signature
,., \.
"..::....}
---, .
"These are islands in time - with nothing to date them on the calendar
of mankind. In these areas it is as if a person were looking backward into
the ag~s and foreward untold years. Here are bits of eternity, which have
a precIousness beyond aI/accounting. .. Harvey Broome, 1948
j
Stell. RoMInes ReI
625 Whlsoertll9 ~ 33435
Boynton Beech.
July 2, 1991
Pine Flat Woods
C. Scott Miller
Ci ty Manager
City of Boynton Beach
P.O. Bo x: 310
Boynton Beach, Fla. 33425
Dear Mr. Miller
Please find enclosed a copy of correspondence
addressed to the Florida Game and Fresh Water
F1ish' Commission alerting them to the presence
of Gopher Tortoise on the Woolbright Place
PUD.
We expect a survey of this property will be
undertaken by Kevin Hallahan, City Forrester,
to determine the number of tor~oise burrows
existing on site before anyone would have a
chance to destroy this protected species.
A representative of the Audubon Society of the
Everglades and of the Coalition for Wilderness
Islands, would like to accompany Mr. Hallahan
on his inspection of this scrub site. We also
request a,coPY of his report.
Sincerely,
Jd--~ c
Stella Rossi
Coalition for Wilderness Islands
407- 732-4786
RECEIVED
COALITION FOR WILDERNESS ISLANDS
129 N.W. 12th AVE.
Boca Raton, Florida 33432
JUL S 1991
CITY MANAGER'S OFFICE
.
l
-
....,..,.
J
, -)..
&J!JJ@(1lJ[ill(Q)~ ~(Q)~n~lr)f
(Q)W If[Xl~ ~W~~@[L&@~~
P. O. BOX 6762, WEST PALM BEACH, FLORIDA 33405, PHONE (407) 844-4992
June 30, 1991
Plorida Game & ]lresh Water :B'ish Commission
Everglades Regional Office
Non-Game Division
551 N. Military Trail
West Palm Beach, :F'la.
Re: Woolbright Place PUD
Tradewinds Development
Boynton Beach, Fla.
Gentlemen:
It has been called to the attention of Rosa Durando,
President of the Audubon Society of the Everglades
and Stella Rossi, Boynton resident and member of the
Coalition for Wilderness Islands, that gopher tortoise
exist on the undeveloped portion of the Tradewinds
Development._
At their request, we accompanied several local residents
who walk their animals near this property, and we did
witness several very large gopher tortoise migrating
and feeding on site. We therefore have no doubt that
dens do exist on this undeveloped property which is
scrub habitat.
This letter is to notify your office of the presence
of gopher tortoise, a protected species, on the above
described development.
SincerelYt
? ~a--k
ijosa Durando, President
(407 965-2420)
cc: City of Boynton Beach
fA -.J
l )).l
----
January 14, 1991
Tradewinds
Group
Mr. Chris Cutro, Director
Planning Department
City of Boynton Beach
P . O. Box 3 1 0
Boynton Beach, FL 33425-0310
RE: Duplex Units Woolbright PUD/POD 3
Dear Mr. Cutro:
Congress Corporate Plaza
902 Clint Moore Road
Suite 124
Boca Raton, FL 33487
(407) 994-3133
Based upon the meeting that Michael Morton and I
had with you in December and the telephone conversation
that we had last week, I have directed my Planner to
work on the alternat.ive "A" version of the three plans
we presented you for the above referenced.
If you recall, this variation did not leave a
"park" at the end of the Ocean Drive which is what the
Parks and Recreation Department favors.
As soon as the Site Plan is prepared I will bring
it in for your review. It is our intention to commence
development of these units immediately.
~Yours.
David J evy
DJL/dob
RECEIVED
JAM 1'1 Cf \
PLANNING DEPT.
-
"..
J. SCOTT MILLER
'IT" lANAGER
FLORIDA
GAME
AND
FRESH
WATER
FISH
COMMISSION
DON WRIGHT
Orlando
QUINTON L. HEDGEPETH, DDS
Miami
MRS. GILBERT W. HU~IPHREY
Miccosukee
JOE \IARLlN IIILlJARD
Clt'wiston
BE:'ti ROWE
Gainesville
ROBERT M. BRANTLY, Executive Director
ALLAN L. EGBERT. Ph. D., Assistant Executive Director
FARRIS BRYA:'tiT BUILDING
620 South ~Ieridian Street
Tallahassee. Florida 32399-1600
1904) 4~~.1960
September 23, 1991
Mr. Kevin Hallahan
Forester/Environmentalist
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425
Mr. Hallahan:
Mark Robson of our West Palm Beach office asked me to bring you up to date
regarding gopher tortoise relocation permits that have been issued in association
with the Woolbright Place development project in Palm Beach County.
Dr. Ron Gaby has two permits to relocate tortoises from the P.U.D. and
P.C.D. portions of Woolbright Place, both of which expire on 31 January 1992.
Nine tortoises were removed under the P.C.D. permit in February 1990.
Approximately 15 tortoises remain on the P.U.D. site. The original permit for
the P.D.D. calls for establishment of a gopher tortoise preserve onsite.
Since the second permit was issued (in March 1990), no construction
activity has occurred in the P.D.D., and very little work has been completed for
the onsite preserve. Concerns expressed by Mr. Robson about the permanence and
suitability of the proposed onsite preserve have led Dr. Gaby and representatives
of the Tradewinds Group to seek an alternative relocation site. We have informed
Dr. Gaby by phone that we would look favorably on a revised relocation proposal,
and that such a revision could be achieved through an amendment to their current
permit (No. WR9004l).
On 15 August 1991, Mr. Robson met with Dr. Gaby and Mr. David Levy. At
that time, Mr. Robson was made aware of the removal of fill from certain areas
on the Woolbright Place property. One such area was within the P.C.D., from
which all tortoises have already been relocated. Another area north of the
retention lake was shown to Mr. Robson which was proposed for further fill
removal. That area had been surveyed by Dr. Gaby and no tortoises were reported
to occur there. A third fill pile is located within the P. U. D. boundary, and Mr.
Robson asked Mr. Levy not to disturb that site because of potential harm to
gopher tortoises. Mr. Levy gave verbal assurance that the area inside the P. U. D.
boundary would not be disturbed until the relocation of tortoises was
accomplished.
RECEI'lED
Recycled lS\ Paper
SEP 27 1991
CITY MANAGER'S OFFICE
Mr. Kevin Hallahan
September 23, 1991
Page Two
I hope this clarifies the current status of things for you. Please contact
me or Mr. Robson if you have any questions or need further information.
Regards,
~ a .vJ~
Don A. Wood
Endangered Species Coordinator
W666/666-0777/crh
LTC 6-20 (Gaby)
cc: Mr. Mark Robson
Major James Ries
Mr. Tim O'Meara
Dr. Ron Gaby
Mr. David Levy
.AEMORANDU^
,.
TO
Charles Frederick, Director
Recreation & Park Department
DA.T~
18 February '86
"'L~
FIIIO"
John Wi1dner
Parks Superintendent
SUBJItCT
Maintenance Impact
Woolbright Place Subdivision
As you requested, I have reviewed the Masterplan for the Wool-
bright Place Subdivision as it pertains to additional mainten-
ance responsibilities for the Parks Division. The following
information is provided:
1. There is approximately .5 miles of landscaped median runn-
ing along SW 8th Street. This will require approximately
six hours per week for a three person crew to maintain.
The developer should be required to submit a landscape
and irrigation plan to the city for approval prior to
our assuming ~aintenance.
2. The developer or Property Owners Association should be
responsible for all landscape maintenance on side sec-
tions of SW 8th Street, as well as any other public or
pr i vate streets or R-;-O. W.
3. The developer or Property Owners Association should be
responsible for landscape maintenance of a~Lbuffer
areas and private recreation areas. Maintenance of
the six acres public recreation area will, of course,
be the city's responsibility.
.
U IA/~
Jpn Wil dner
. JW: ad
.
~~
-
ENGINEERING DEPARTMENT MEMORANDUM NO. 90-311
December 21, 1990
TO: J. Scott Miller
City Manager
RECErvm
..
FROM: Vincent A. Finizio
Administrntivp Coordinntor of EnRinpprfnR
.Jet; ~., I ~
...,... ~
.PLANNII~Gi DEPT.
-
,-
RE:
TRADEWINDS GROUP ·
MICHAEL MORTON'S LETTER OF NOVEMBER 20. 1990
WOOLBRIGHT PLACE PUD. PLAT 11
RECORDING OF FINAL PLAT
10 response to your most recent request for information regarding the above
referenced subject matter, please find the attached Land Development Permit
issued to Mr. Morton on November 21, 1990, including the Gee & Jenson,
November 20, 1990 letter which was originally attached and made a part of the
City's Land Development Permit. Additionally, please find a letter of trans-
mittal. dated Novembet 21, 1990, which indicates that Mr. David Levy, Vice
President of the Tradewinds Group, received the mylar reproducibles which were
executed by the Mayor, City Clerk and City Engineer, sheets 1 of 3 thru sheets
3 of 3.
It should be noted that the conditions of Commission approval include the
provision that Tradewinds Group complies with the criteria set forth in the
Gee & Jenson letter. As Mr. Levy and Mr. Morton possess the plat document this
office has no input or control relative to when and how Mr. Morton submits the
plat to the Clerk of Palm Beach County. It should be noted however, that in
accordance with Concurrency Management Ordinance No. 90-18, Section 19-83(a)(1),
the Tradewinds Group must record the final plat for Woolbright Place PUD, Plat #1
within 18 months of preliminary plat approval, The time limit specified in this
section for the expiration of development orders and permits shall supercede any
time limits set forth elsewhere in the City of Boynton Beach Code of Ordinances.
Expiration of a planned zoning district master plan as set forth in this article,
however, shall cause the development order for same to expire only with respect
to exemption determinations, cer~ifications of concurrency and conditional
certifications. and shall no~~ by itself, cause the zoning for the planned
zoning district to expire.
It is my understanding that Tradewinds Group has not yet obtained a modification
for their South Florida Water Management Permit to insure the proper water
quality treatment is occurring within the PCD or off-site of the PCD before
discharging into the retention lake.
I have attached for your review and consideration, the agenda item for the
final plat approval. Should you require additional information, I am available
at any time.
~':c'~~~ 'A:' F~~i~~L > . (j "
VAF/ck
t.1\.
cc: Gee & Jenson, W.Richard Staudinger - Christopher Cutro, Director of Planning