REVIEW COMMENTS
MEMORANDUM
TO:
William Hukill, Director of Development
Tambri Heyden, Planning Director
John Guidry, Director of Utilities
FROM:
James A. Cherof, City Attorney
RE:
City of Boynton Beach - Howard Scharlin, Trustee (Tradewinds)
DATE:
May 22, 1995
:'....
The Settlement Agreement which the Commission approved with Howard
SCharlin, Trustee (Tradewinds) requires Bchar!j" to bond all incomplete subdivision
improvements. Please advise rr.a what requh:id improvements are outstanding, if any.
I would appreciate a return memorandum from you indicating outstanding required
improvements or indicating U,ere are non;.;,.
I appreciate your assistanc;1,
JAC/ral
cc: Carrie Parker, City Manager
,} I')
;.-. "
~G
~)',) 1./_1"
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
....
MAY 16, 1995
the vote. The vote was unanimous.
4. Proposed Ordinance No. 09514- Re: Annexation - Lawrence Oaks - Oriole
Inc. Property
5. Proposed Ordinance No. 095-15 Re: Land Use Element - Lawrence Oaks-
Oriole Inc. Property
6. Proposed Ordinance No. 095-16 Re: Rezoning - Lawrence Oaks - Oriole
Inc., Property
Attorney Cherof read Proposed Ordinances Nos. 095-14, 095-15 and 095-16 by title only.
Motion
Vice Mayor Bradley moved to approve Proposed Ordinances Nos. 095-14, 095-15, and 095-16
on first reading. Commissioner Rosen seconded the motion. City Clerk Sue Kruse polled the vote.
The vote was unanimous.
7. Proposed Ordinance No. 095-17 Re: Annexation - Carriage Gate
Condominium Property
8. Proposed Ordinance No. 095-18 Re: Land Use Element - Carriage Gate
Condominium Property
9. Proposed Ordinance No. 095-19 Re: Rezoning Carriage Gate
Condominium Property
Attorney Cherof read Proposed Ordinances Nos. 095-17, 095-18 and 095-19 by title only.
Motion
;
Mayor Pro Tem Matson moved to approve Proposed Ordinances Nos. 095-17, 095-18, and 095-
19 on first reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the
vote. The vote was unanimous.
C. Resolutions:
1. Proposed Resolution No. R95-65 Re: Authorize execution of agreement
between the City of Boynton Beach and Howard Scharlin, Trustee for
Woolbright Place, Joint Venture (Tradewinds) ............................... TABLED
Motion
Mayor Pro Tem Matson moved to take C-1 off the table. Vice Mayor Bradley seconded the motion
37
MINUTES ~ W"
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
'-' ...,
MAY 16, 1995
which carried unanimously.
Attorney Cherof advised that this settlement agreement has been continually negotiated over the
last three years. He distributed a revised copy of the document which the Commission had seen
numerous times before.
The agreement provides for a settlement of outstanding Tradewinds litigation. Howard Scharlin,
trustee for the Woolbright Place partnership, has expressed a desire to enter into this agreement
with the City.
Attorney Cherof advised the Commission that there is one provision of the document which is not
reflected as a change, but he recommends the following change on Paragraph 14 of Page 6, fourth
line from the top. He read, "This section provides that all of the old stipulations, agreements,
letters of understanding and negotiations...", and added that the City had included the words
"would be deemed extinguished". Mr. Scharlin agreed to the language, "would be deemed in
good standing". Attorney Cherof stated that the language was agreed to on Page 1 in one of the
last clauses. Because of other language in the agreement, it also indicates that the old agreement
stipulations and negotiations are also being satisfied, and we will be receiving a general release
from Scharlin, TradewindsMoolbright Place and Michael Morton individually. He is satisfied that
the language will not adversely affect the interested parties. It will demonstrate that we have
always been in compliance with those agreements.
Page 2: There is an agreement that the long-awaited industrial access road will be built within a
period of 21 months from the date of the agreement. It will be a 50 foot public right-of-way. In
return for doing that, we will be conveying to Scharlin the southernmost 30 feet of the industrial
access road. He will build the road in accordance with design standards that exist in the City now.
It will be depided on Exhibit "A". The design incorporates a westbound turn lane on the industrial
access road onto SW 8 Street, sidewalks on the north side of the road, curbs and gutters on both
sides of the road, and a Ficus along the property line separating the PCD from the Vinings
development. Mr. Scharlin will provide a bond for construction of that road. He is entitled to no
more than three points of ingress or egress along the PCD permanent industrial access road once
it is constructed.
With regard to the landscape berm which runs along the property on the west side separating the
PCD from Leisureville, the agreement provides that there will be an irrigated landscape berm along
that western boundary consisting of a five foot earthen berm and a Ficus hedge on top of it. In a
memorandum from Peter J. Kelly, President of Palm Beach Leisureville, he agrees to the provision
on the berm. This memorandum details how the hedge will look, be irrigated and maintained.
The next point deals with vesting. The 1990 agreement provided that the impact fees would be
fixed as of the 1986 impact fees. This agreement recites that and makes that provision a right Mr_
38
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 16, 1995
Scharlin continues to enjoy. The only impact fees the City will collect will be at the 1986 rate.
However, current permitting fees are applicable to the property.
Paragraph 6 deals with the PCD and is a reflection of a compromise between the 1986 'and the
1990 agreements and today's construction standards and zoning. This provides that the PCD
follow the C-3 zoning regulations and all conditional uses must go before the City Commission for
approval.
The provisions in Paragraph 7 regarding forced air burning are a carryover from the old agreement.
With regard to the accessory uses in Paragraph 8, carryover language from the 1990 agreement
applies.
Paragraph 9 involves the review procedure. There is new language in this paragraph providing
that all of the development review procedures be maintained at today's current review processes.
There is also a reminder that bond must be posted for subdivision improvements.
Paragraph 11 recites that with respect to the master plan modifications, nothing contained in this
agreement would prevent Mr. Scharlin from coming fOlWard with a master plan modification.
However, if he does that in the future, he must follow all of the current Code provisions with
respect to how those are processed.
Paragraph 12 is a carryover from the old agreement requiring that the City acknowledges that the
property can be developed in phases.
Paragraph 13 is a new provision. It provides that Mr. Scharlin can request additional curb cuts
along 8 Street, but the approval is subject to the safety and traffic considerations.
Paragraph 14 contains language with respect to the fact that both parties have been in good
standing with all the terms and conditions of all of the old agreements and stipulations, and we
will receive, in exchange for that, satisfaction and releases from all of the interested parties.
Paragraph 15 provides that this agreement is not effective until it is approved by the City
Commission and the entry of a court order adopting and dismissing all of the pending litigation
on this case.
Paragraph 16 provides for attorney fees. Mr. Scharlin will pay $5,000 to the City representing
attorney fees and costs incurred by the City in this action.
Paragraph 17 indicates that all future activities will be covered by current City Codes and
39
MINUTES 'IIr ....
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
w ...,
MAY 16, 1995
regulations that would apply to anything not addressed by this agreement.
Paragraph 18 provides that all of the required construction improvements and landscapi'lg need
to be bonded. They need to provide 110 percent surety for all of those improvements, and they
will be completed within a period of 21 months.
There was a previous right-of-way licensing agreement which the parties are reratifying. There was
an error in the legal description. A paragraph is included in this agreement stating that the parties
will correct that error in the legal description.
Paragraph 20 provides for enforcement and provides that the terms of the agreement are binding
not only on Mr. Scharlin, but on anyone who acquires any of the property.
Attorney Cherof advised that this agreement has his recommendation for approval as to legal
content with respect to the development related zoning and planning issues. It represents a good
compromise which is in the best interest of the City, the property owner, and the citizens in the
area.
Motion
Mayor Pro Tem Matson moved to approve the Tradewinds settlement. Vice Mayor Bradley
seconded the motion.
Commissioner Jaskiewicz said there are prohibited uses contained in the agreement which were
not part of the original agreement. She will not support this agreement.
The motion carried 4-1. (Commissioner Jaskiewicz cast the dissenting vote.) Attorney Cherof
advised that this was Proposed Resolution No. R95-65.
2. Proposed Resolution No. R95-81 Re: Abandonment of a 12' wide drainage
easement - Quantum Lots 13, 14
Attorney Cherof read Proposed Resolution No. R95-81 by title only.
Motion
Mayor Pro Tem Matson moved to approve Proposed Resolution No. R95-81. Vice Mayor Bradley
seconded the motion which carried unanimously.
3. Proposed Resolution No. R95-82 Re: Supporting and endorsing the
40
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
~ c.
MAY 16, 1995
regulations that would apply to anything not addressed by this agreement.
Paragraph 18 provides that all of the required construction improvements and landscapi~g need
to be bonded. They need to provide 110 percent surety for all of those improvements, and they
will be completed within a period of 21 months.
There was a previous right-of-way licensing agreement which the parties are reratifying. There was
an error in the legal description. A paragraph is included in this agreement stating that the parties
will correct that error in the legal description.
Paragraph 20 provides for enforcement and provides that the terms of the agreement are binding
not only on Mr. Scharlin, but on anyone who acquires any of the property.
Attorney Cherof advised that this agreement has his recommendation for approval as to legal
content with resped to the development related zoning and planning issues. It represents a good
compromise which is in the best interest of the City, the property owner, and the citizens in the
area.
\.;) . t'
\A (Q/-'t~))-t/ ..
Mayor Pro Tem Matson moved to approve the Tradewinds settlement.
seconded the motion. !
Motion
Vice Mayor Bradley
Commissioner Jaskiewicz said there are prohibited uses contained in the agreement which were
not part of the original agreement. She will not support this agreement.
The motion carried 4-1. (Commissioner Jaskiewicz cast the dissenting vote.) Attorney Cherof
advised that this was Proposed Resolution No. R95-65.
2. Proposed Resolution No. R95-81 Re: Abandonment of a 12' wide drainage
easement - Quantum Lots 13, 14
Attorney Cherof read Proposed Resolution No. R95-81 by title only.
Motion
Mayor Pro Tern Matson moved to approve Proposed Resolution No. R95-81. Vice Mayor Bradley
seconded the motion which carried unanimously.
3. Proposed Resolution No. R95-82 Re: Supporting and endorsing the
40
'.
MINUTES .., -..
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
'1111 ...,
MAY 16, 1995
Scharl in continues to enjoy. The only impact fees the City will collect will be at the 1986 rate.
However, current permitting fees are applicable to the property.
Paragraph 6 deals with the PCD and is a reflection of a compromise between the 1986 'and the
1990 agreements and today's construction standards and zoning. This provides that the PCD
follow the C-3 zoning regulations and all conditional uses must go before the City Commission for
approval.
The provisions in Paragraph 7 regarding forced air burning are a carryover from the old agreement.
With regard to the accessory uses in Paragraph 8, carryover language from the 199q agreement
applies.
Paragraph 9 involves the review procedure. There is new language in this paragraph providing
that all of the development review procedures be maintained at today's current review processes.
There is also a reminder that bond must be posted for subdivision improvements.
Paragraph 11 recites that with respect to the master plan modifications, nothing contained in this
agreement would prevent Mr. Schar/in from coming forward with a master plan modification.
However, if he does that in the future, he must follow all of the current Code provisions with
respect to how those are processed.
Paragraph 12 is a carryover from the old agreement requiring that the City acknowledges that the
property can be developed in phases.
Paragraph 13 is a new provision. It provides that Mr. Scharlin can request additional curb cuts
along 8 Street, but the approval is subject to the safety and traffic considerations.
Paragraph 14 contains language with respect to the fact that both parties have been in good
standing with all the terms and conditions of all of the old agreements and stipulations, and we
will receive, in exchange for that, satisfaction and releases from all of the interested parties.
Paragraph 15 provides that this agreement is not effective until it is approved by the City
Commission and the entry of a court order adopting and dismissing all of the pending litigation
on this case.
Paragraph 16 provides for attorney fees. Mr. Scharlin will pay $5,000 to the City representing
attorney fees and costs incurred by the City in this action.
Paragraph 17 indicates that all future activities will be covered by current City Codes and
39
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 16, 1995
which carried unanimously.
Attorney Cherot advised that this settlement agreement has been continually negotiated over the
last three years. He distributed a revised copy of the document which the Commission had seen
numerous times before.
The agreement provides for a settlement of outstanding Tradewinds litigation. Howard Scharlin,
trustee for the Woolbright Place partnership, has expressed a desire to enter into this agreement
with the City.
Attorney Cherof advised the Commission that there is one provision of the document which is not
reflected as a change, but he recommends the following change on Paragraph 14 of Page 6, fourth
line trom the top. He read, "Th is section provides that all of the old stipulations, agreements,
letters of understanding and negotiations...", and added that the City had included the words
"would be deemed extinguished". Mr. Scharlin agreed to the language, "would be deemed in
good standing". Attorney Cherof stated that the language was agreed to on Page 1 in one of the
last clauses. Because of other language in the agreement, it also indicates that the old agreement
stipulations and negotiations are also being satisfied, and we will be receiving a general release
from Scharlin, Tradewinds/\Noolbright Place and Michael Morton individually. He is satisfied that
the language will not adversely affect the interested parties. It will demonstrate that we have
always been in compliance with those agreements.
Page 2: There is an agreement that the long-awaited industrial access road will be built within a
period ot 21 months from the date of the agreement. It will be a SO foot public right-of-way. In
return for doing that, we will be conveying to Scharlin the southernmost 30 feet of the industrial
access road. He will build the road in accordance with design standards that exist in the City now.
It will be depicted on Exhibit "A". The design incorporates a westbound turn lane on the industrial
access road onto SW 8 Street, sidewalks on the north side of the road, curbs and gutters on both
sides of the road, and a Ficus along the property line separating the PCD from the Vinings
development. Mr. Scharlin will provide a bond for construction of that road. He is entitled to no
more than three points of ingress or egress along the PCD permanent industrial access road once
it is constructed.
With regard to the landscape berm which runs along the property on the west side separating the
PCD from Leisureville, the agreement provides that there will be an irrigated landscape berm along
that western boundary consisting of a five foot earthen berm and a Ficus hedge on top of it. In a
memorandum from Peter J. Kelly, President of Palm Beach Leisureville, he agrees to the provision
on the berm. This memorandum details how the hedge will look, be irrigated and maintained.
The next point deals with vesting. The 1990 agreement provided that the impact fees would be
fixed as of the 1986 impact fees. This agreement recites that and makes that provision a right Mr.
38
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
...., W'
~ ..,
...
MAY 16, 1995
the vote. The vote was unanimous.
4. Proposed Ordinance No. 09514- Re: Annexation - Lawrence Oaks - Oriole
I nc. Property
5. Proposed Ordinance No. 095-15 Re: Land Use Element - Lawrence Oaks-
Oriole Inc. Property
6. Proposed Ordinance No. 095-16 Re: Rezoning - Lawrence Oaks - Oriole
I nc., Property
Attorney Cherof read Proposed Ordinances Nos. 095-14, 095-15 and 095-16 by title only.
Motion
Vice Mayor Bradley moved to approve Proposed Ordinances Nos. 095-14, 095-15, and 095-16
on first reading. Commissioner Rosen seconded the motion. City Clerk Sue Kruse polled the vote.
The vote was unanimous.
7. Proposed Ordinance No. 095-17 Re: Annexation - Carriage Gate
Condominium Property
8. Proposed Ordinance No. 095-18 Re: Land Use Element - Carriage Gate
Condominium Property
9. Proposed Ordinance No. 095-19 Re: Rezoning Carriage Gate
Condominium Property
Attorney Cherof read Proposed Ordinances Nos. 095-17, 095-18 and 095-19 by title only.
Motion
Mayor Pro Tem Matson moved to approve Proposed Ordinances Nos. 095-17, 095-18, and 095-
19 on first reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the
vote. The vote was unanimous.
C. Resolutions:
1. Proposed Resolution No. R95-65 Re: Authorize execution of agreement
between the City of Boynton Beach and Howard Schar/in, Trustee for
Woolbright Place, Joint Venture (Tradewinds) ...........................,... TABLED
Motion
Mayor Pro Tem Matson moved to take C-' off the table. Vice Mayor Bradley seconded the motion
37
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-123
TO: carrie Parker
City Manager
FROM: Tambri J. Heyden ..J~' O.d<jd~
Planning and Zoning Director~
DATE: March 23, 1995
SUBJECT: Responsibilities of City vs. Tradewinds under
settlement Agreements - Shoppes of Woolbright PCD and
Woolbright Place PUD (file nos. 470 and 469)
Attached is the chart Jim Cherof had wanted which takes each
paragraph from the 1986 and 1989 settlement agreements and
categorizes it as either the responsibility of the City or
Tradewinds and indicates which have been completed and if so, the
completion date. You will note that some of the paragraphs are not
appropriate to categorize and some which could be categorized
indicate that the information is not information that would be in
our files and that we could not get the information from the
appropriate department.
In addition to responsibilities addressed in the settlement
agreements, I have concerns regarding the following issues. These
concerns are not shared by all departments, however, these issues
have been lingering and in talking to other departments it is clear
that the status (other than that there is no activity towards
completion), as well as the required completion date, is unknown:
1. Landscaping of Morton's Way and S. W. 8th Street per approved Jf
plans.
2. Landscaping of the PUD common areas on the west side of S. W. j(
8th Street per approved plans.
3. Continued implementation of the PCD/PUD tree preservation plan
(many trees are dead and non-irrigated; plans illustrating
relocation to buffers were never submitted).
4. management
1
5. Completion of the PUD master storm water management tract (the
monthly reports have not been turned in -- only one could be ~
found -- and Richard Staudinger had conditioned any further
permit approvals on completion of this infrastructure
improvement).
6. The old s. W. 8th Street right-of-way has never been abandoned.
The west half of this 60 foot wide right-of-way would become
the property of 28 lot owners on S.W. 8th Place in Palm Beach
Leisureville. The east half would become the property of
Tradewinds and as noted on the settlement master plan, is to
be used to provide a passive, landscape buffer. Therefore,
the buffer has not been installed (landscape plans have not
been approved either).
7. The building permit (#93-1759) for Racetrac service station
has exceeded the six month validity period and no extensions
have been requested. Comments were picked up by applicant
after 6/23/93. Amended plans have not been submitted.
8. At time of reviewing the Acme Plastics site plan, staff
discovered that Tradewinds sold to the church, property (1.4
acres) outside the PUD that is zoned PCD, yet wi thin the
Woolbright place PUD plat boundaries.
TO: Carrie Parker
-2-
March 23, 1995
9. The Utilities Department has indicated that they have found ~
copies of a letter of credit for blowing sand which expires
Tuesday (3/28/95), a letter of credit in the amount of
$363,000 for the completion of S.W. 8th Street which expires
Tuesday and a letter of credit for earthwork, including lake
excavation, in the amount of $50,000 which expires Tuesday.
This is all the information they had on active letters of
credi t for non-utility improvements. I have no additional
information from Engineering regarding expired surety for such
required on and off-site improvements.-
Regarding utility-related surety , Utilities indicates that
there is a letter of credit for an off-site force main which
expires Tuesday and is complete, for which they have a bill of
sale, but no warranty (they don't feel the surety for this
needs to be extended or that a warranty would be of any
value). They have surety for a sewer line in S.W. 8th Street
which expires Tuesday and is generally complete, for which
they have no bill of sale (surety needs to be extended). They
have surety for a water line in S.W. 8th street, which has not
received Health Department approval (surety needs to be
extended). They have no surety for utilities within Morton's
Way (surety needs to be posted).
several of the above items would require reactivation of permits
that have expired.
TJH:arw
Attachment
xc: Jim Cherof
Bill Hukill
Pete Mazzella
memo12J.tjh.arw
cc: Palm Beach Liesureville Community Association
1007 Ocean Drive, Boynton Beach ,Florida 33426
City of Boynton Beach
Carrie Parker Assistant Senio~ Manager
100 E. Boynton Beach Blvd
P.O. Box 310
Boynton Beach, Florida 33425-0310
Micheal Morton
Trade Winds Woolbright Development
902 Clintmoore Rd.
Box 124
Boca Raton, Florida 33487
Peter Kelly
President Palm Beach Liesureville
1007 Ocean Drive, Boynton Beach, Florida 33426
Kevin Halahan
Forester Town of Boynton Beach
100 E. Boynton Beach BLvd.
Box 310
Boynton Beach, Florida 33425-0310
MEMORANDUM
TO: Stanley Consultants
FROM: James J. Golden, Interim Planning Director
DATE: August 27, 1990
SUBJECT: Woolbright Place Plat No.1
1. The master plan modification ratified by the City Commission
on May 15, 1990, required the dedication of 3.5 acres of
land to the City for parks and recreation purposes, in
accordance with Article IX, Section 8 of Appendix
C-Subdivisions, Platting. The title to this land should be
conveyed to the City prior to final plat approval. The
remaining acre that is required through the parks and
recreation dedication requirement is to either be a cash
payment or is to be public improvements of equal value to
the park site. The amount of cash to be paid or the
equivalent value of improvements should be based on either a
recent purchase contract or an MAl certified appraisal and
is to be set by the Planning and Zoning Board at the time of
preliminary plat approval (Article IX, Section 8.D of
Appendix C-Subdivisions, Platting). A copy of the purchase
contract or the MAl certified appraisal must be submitted to
this office prior to Technical Review Board approval so that
the appropriate land value can be determined by staff and
included in the report to the Planning and Zoning Board. In
addition, if the City agrees to accept public improvements
to the park site rather than a cash payment, an agreement
for same shall be executed prior to final plat approval.
2. The landscape plan required in accordance with Article VIII,
Section 5 of Appendix C-Subdivisions, Platting, and Section
11.B of Appendix B-Planned Unit Developments, must show
landscaping details and cross-sections for all landscaping
within public rights-of-way, buffer zones, and common
elements and must be consistent with the approved master
plan.
3. Common area landscaping, including required buffers, should
be placed in easements and maintained in perpetuity by the
homewners' association, with language for same provided
under "Dedications" on the plat cover sheet.
4. A license agreement or some other form of legal agreement
acceptable to the City must be approved for the landscape
buffer to be located within the existing right-of-way for
S.W. 8th Street, prior to final plat approval.
TO: Stanley Consultants
-2-
August 27, 1990
5. Provide construction plans for S.W. 6th Street extension in
connection with master plan approval for replatting of
duplex lots in northeast corner of site. Easements for
drainage and landscaping should be reflected on the plat
documents in accordance with the approved master plan (see
Planning Department Memorandum No. 90-114).
6. The developer must file a maintenance association agreement
for improving, perpetually operating, and maintaining the
common elements, prior to final plat approval. Such
documents shall be subject to the approval of the City
Attorney (Section 11 of Appendix B-Planned Unit
Developments).
7. Plat should reflect a 5 foot wide limited access easement
adjacent to the proposed collector roads and the railroad
right-of-way (Article IX, Section 3 of Appendix
C-Subdivisions, Platting).
8. Provide a copy of a master plan which reflects the changes
approved by the City Commision at the May 15, 1990, meeting
(see approval letter and Planning Department Memorandum No.
90-114).
J;;;{.~
ES fJ- GOLDEN
JJG:frb
Encs
cc: City Manager
Admin Coord of Engineering
A: Stanley
FAXED 8/28/90
PLANNING DEPT. MEMORANDUM NO. 90-114
TO: J. Scott Miller, City Manager
FROM: Timothy P. Cannon, Acting Planning Director
DATE: May 1, 1990
SUBJECT: Addendum--Woolbright Place Planned Unit Development
Revised Master plan
This memorandum is an addendum to Memorandum No. 90-102, which
was included in the agenda for the May 1, 1990 City Commission
meetlng.
After consulting with the Recreation and Parks Director, the
Planning Department is recommending that the developer dedicate
approximately three and one-half (3.5) acres of property to the
city, and pay the cash equivalent of one (1) acre. The location
of the 3.5-acre parcel (Parcel HAil) is shown on the attached map.
The money which would be paid to the City would then be used to
purchase an adjacent vacant parcel (Parcel "B") which contains
approximately one acre. The reason for this recommendation is
that resulting configuration would be more usable for
neighborhood recreation facilities, whereas the parcel that
Tradewinds owns is only 200 feet deep and would be limited mainly
to passive recreation.
The Planning Department is also recommending that the portion of
the project which extends to the northeast, along the railroad
tracks be permitted to develop for one-story duplexes. There are
a number of duplexes which lie long the railroad tracks to the
north which are well-maintained. Rather than let this area used
for for passive recreation, which is likely to result in the area
becoming a maintenance problem, it would be more desirable for
the existing Melaleuca trees to be cleared and the property
developed. Therefore, this strip should remainin the PUD, but
but should be required be replatted for duplex lots. Replatting
should include requirements that S.W. 6th Street be constructed,
and that a row of trees and shrubs be installed along the west
side of the drainage ditch, in a dedicated landscape easement, in
order to screen the neighborhood from the railroad tracks. This
buffer, as well as all other buffers which protect adjacent
neighborhoods, should be included in the Tree Management Plan for
the project. Drainage easements would also need to be dedicated
for the City-maintained drainage pipes which run from the S.W.
6th street right-of-way to the drainage ditch.
~~~~~
Timothy P. Cannon
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
MAY 8, 1990
Vice Chairman Lehnertz remembered the last time this came
before the Board, the PCD was impinging on the PUD by a
significant amount. He asked whether that had been changed
in the master plan or resolved in another way. Mr. Cannon
replied the Comprehensive Plan shows the additional 5 acres
as retail/commercial. The Plan anticipates the additional
five acres will be rezoned. The City is required by State
la\\/ to allow rezoning for retail uses. Vice Chairman
Lehnertz noted the plan shows five acres that are zoned and
shown in a residential land use category. Mr. Cannon agreed
that was correct but added there is a provision in Chapter
163 that where the plan and the City's development regula-
tions are in conflict, the plan supersedes the development
regulations. There were further comments.
Mr. Richter moved to approve the request for approval of an
amended master plan in connection with a stipulation and
settlement agreement, subject to staff comments. Mrs.
Greenhouse seconded the motion. Motion carried 6-0.
Mr. Lehnertz abstained from voting. (See Addendum R - Memo
of Voting Conflict attached to the original copy of these
minutes in the Office of the City Clerk.)
3. Project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
Woolbright Place
Kilday & Associates
Tradewinds Development Corp.
North of Woolbright Road, between
the SAL railroad right-of-way and the
L.W.D.D. E-4 Canal
See Addendum S attached to the original
copy of these minutes in the Office of
the City Clerk
Request for approval of an amended
master plan in connection with a stipu-
lation and settlement agreement
Mr. Cannon said the finding of no substantial change was
contained in the stipulation and settlement agreement. The
City Commission reviewed the revised master plan at the last
meeting and found it to be in compliance with the settlement.
It was back for the Board to hear again and will go back
before the City Commission. Mr. Cannon stated the revised
master plan was showing a change from 450 multi-family and
70 single family dwellings to 600 multi-family dwellings.
Mr. Cannon explained the areas of concern, which were in the
staff comments attached to the original copy of these minutes
in the Office of the City Clerk as Addenda T and U.
to
- 26 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
MAY 8, 1990
Chairman Rosenstock inquired whether the applicant would
have any objection to developing that as green space.
Attorney Perry agreed Vice Chairman Lehnertz was correct in
saying they had made that proposal. The proposal presently
before the Board came from Mr. Cannon. Attorney Perry had
no objection to Mr. Cannon's proposal. He made other com-
ments about Vice Chairman Lehnertz. Chairman Rosenstock
again asked Attorney Perry whether the developer would have
any objection to developing the panhandle as a green space.
Attorney Perry had no problem doing that and stated they
were prepared to do that with their application. It was
changed by the staff's comment. If they do that, however,
he said they will have to revisit the "L thing" they were
talking about as their recreational contribution to the
Ci ty, as one thing begets the other. They \>11 11 go whichever
way the Board wants them to go.
Mr. Richter moved to approve the amended master plan in
connection with the Stipulation and Settlement Agreement for
Woolbright Place, subject to staff comments attached to the
original copy of these minutes in the Office of the City
Clerk as Addenda U-l and U-2. Included in the motion was
the berm cross-section, the building heights, and the
building setbacks on the north end of the PUD, which were
represented by the developer. It was further moved that the
cash equivalent for one acre of park area could be provided
by public improvements of equal value in the vicinity of the
proposed neighborhood park which is to be dedicated. The
motion was further subject to a graphic being submitted by
the applicant. (See Addendum V attached to the original
copy of these minutes in the Office of the City Clerk.) Mr.
Collins seconded the motion. A vote was taken on the
motion, and the motion carried 6-0. Vice Chairman Lehnertz
abstained from voting. (See Memorandum of Voting Conflict
attached a~ Addendum R to the original copy of these minutes
in the Office of the City Clerk.)
Chairman Rosenstock asked the developer to consider buffer-
ing the area in the panhandle. He understood the more units
they put in, the more profitable it will be. Attorney Perry
replied that could be taken up with the City Commission.
PRELIMINARY PLAT
3. Project Name:
Agent:
Owner:
Carriage Homes of Congress Lakes (f/k/a
Gerulaitis Multi-Family Apartments)
Alex Garcia, Project Engineer
Carriage Homes of Congress Lakes
Associates
West of North Congress Avenue, between
Location:
to
- 29 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
MAY 8, 1990
Discussion ensued about the Planning Department's recommenda-
tion for duplexes along the railroad tracks. Mr. Cannon
said the applicant just shows a 25 foot buffer between the
apartment project and Lake Boynton Estates, but they did not
specify what the composition of the buffer would be. He
thought they had to find out what the applicant was propos-
ing.
Mr. Cannon told Mr. Howard he thought since the applicant
was proposing a mixture of two and three stories within the
same building, they should design the project so they would
just have two story buildings abutting Lake Boynton Estates.
They could put all three story buildings somewhere else.
Mr. Cannon thought the idea was to have some type of gradua-
tion in density and intensity of land use.
F. Martin Perry, Attorney for Tradewinds, 1665 Palm Beach
Lakes Boulevard, West Palm Beach, FL, had no problem with
the staff comments except for the comments Mr. Cannon made
with reference to the buffer treatment next to Lake Boynton
Estates. Attorney Perry stated you have the existing
single family residences; you have 30 feet from the five foot
mounded buffer strip, which is 25 feet in width with plant-
ings on top of it. He said they are showing ten to 14 feet
high native canopy trees on top of the five foot bermed
landscape strip. That is a total of 55 feet. The height of
the elevation is 5 feet plus 14 feet. They are also showing
an additional 35 feet for their building setback line.
Attorney Perry thought that was a very substantial setback
and it would be beneficial to the people in Lake Boynton
Estates.
Attorney Perry referred to two story buildings and stated
they have a substantial piece of property they are giving up
in order to get the setback in there. There is now a total
of 90 feet from the building line. He showed where they
would have to go if they have two stories. Attorney Perry
stated their feeling was three stories from the setback line
90 feet away was better than the concerns about the two
stories. That was the only difference he had with the staff
comments. He had no problem with any of the other comments.
Mr. Cannon said the applicant was representing to the Board
that was the only way they could get 600 units on the si~e.
The applicant was saying the only ~/ay to have two stories
on the northern end would be to bring them within 25 feet of
Lake Boynton Estates. The Board could either accept it or
not accept it.
- 27 - -
..
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
MAY 8, 1990
Vice Chairman Lehnertz commented a lot of things have been
promised by this developer and Attorney Perry. He was
pleased to see the buffer between the development and Lake
Boynton Estates. Vice Chairman Lehnertz recalled at one
point, the Board was told there would only be two stories
all the way through. He thought they should be able to
leave the buffer as it was promised and leave two stories
along the northern perameter. It should not be a problem
for the applicant to do that.
Vice Chairman Lehnertz recalled there would be a preserve
there, and he asked whether that would be a site plan issue.
Mr. Cannon replied the revi3ed master plan did not show any
preserve areas, so he assumed there would not be any. Vice
Chairman Lehnertz informed him there are 35 acres of
extremely good natural slash pine preserve. It would be a
shame to see that bulldozed over. Both Attorney Perry and
Mr. Morton made statements to people in the City that they
would work diligently to preserve that. He asked whether
there would be a slash pine preserve left there. Attorney
Perry answered whatever is located ~Jithin any buffer area
will be preserved.
Attorney Perry alluded to the applicant moving the road to
accommodate people of Leisureville. He stated what is in
the buffers will be preserved. What is not in the buffers
will not be preserved.
If the north/south strip on the east is developed as town-
houses or duplexes, Vice Chairman Lehnertz asked whether
that number of townhouses or duplexes would subtract from
the total of 600 dwelling units being proposed or if they
would be additional units. Mr. Cannon answered they would
be additional dwelling units.
When the development first came through and a number of
times since then, people from Lake Boynton Estates had
individual discussions with Mr. Morton. Many references
were made to this strip of land. Vice Chairman Lehnertz
said every conversation communicated to him or that he heard
had been that Tradewinds would take the area which is now
overgrown with Melaleucas, replant non-noxious trees as a
buffer to the railroad tracks, and leave it as a green
strip. With the units Tradewinds is getting within the main
part of the PCD, Vice Chairman Lehnertz felt there was no
reason to develop duplexes along that area. When this whole
development was first brought up, he recalled only a small
number of people \~ithin Lake Boynton Estates favored develop-
ment of that area by Tradewinds. The reason those people
supported this development was because they were promised
that area would remain green space~
"
- 28 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 15, 1990
safety that the Commission wanted to ask the Fire Chief but
he was not present at the meeting. The Mayor felt confident
the Health Dept. had already looked into this prior to
approving it. A report was requested for the next meeting
which would address the Commission's concerns.
Description:
Shoppes of Woolbright
Kilday & Associates
Tradewinds Development Corp.
North side of Woolbright Rd., between
the SAL railroad right-of-way and the
L.W.D.D. E-4 Canal
MASTER PLAN MODIFICATION: Request for
approval of an amended master plan in
connection with a stipulation and
settlement agreement.
D. Project Name:
Agent:
Owner:
Location:
Tim Cannon, Interim Planning Director explained this was
action by the Commission to ratify the Planning and Zoning
Board's action. Under normal circumstances they have final
approval over any change~ to a PCD where there are no
increases in the intensity of use or impacts. The Planning
and Zoning Board recommended approval, subject to the sti-
pulation and settlement agreement and subject to staff com-
ments.
David Beasley, 1499 S.W. 30th Ave., #8, Boynton Beach had
submitted a written request to address the Commission on
this topic. He stated if there was no opposition then that
was fine with him.
Vice Mayor Wische moved to approve the request.
Commissioner Artis seconded the motion which carried 4-0.
Description:
Woolbright Place
Kilday & Associates
Tradewinds Development Corp.
North of Woolbright Rd., between the
SAL railroad right-of-way and the
L.W.D.D. E-4 Canal
MASTER PLAN MODIFICATION: Request for
approval of an amended master plan in
connection with a stipulation and
settlement agreement.
E. Project Name:
Agent: ~
Owner:
Location:
Tim Cannon, Interim Planning Director stated this required
Commission action to ratify the Planning and Zoning Board's
action. Normally a PUD Master Plan change goes to the
Planning and Zoning Board, but since this was the subject of
a stipulated settlement, it was coming back to the
Commission for ratification. The Planning and Zoning Board
concurred with the staff comments with one exception. The
"
20
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 15, 1990
Planning Dept. staff had recommended the apartment buildings
along the north end be limited to two stories since they
originally came in with a Master Plan saying two and three
stories. The applicant did not agree with this and wanted
the option of constructing three story buildings there. Mr.
Cannon noted this did include the increased number of units
which had been agreed on, namely 640 units.
Mr. Cannon stated the Planning Dept. recommended the appli-
cant be allowed to build one story duplexes. on the panhandle
which extends to the northeast and that a buffer be planted
along those duplexes. The City could in effect gain another
piece of property which lies in the northwestern portion of
Lake Boynton Estates which would be more useable for parks
and open space. That strip, if dedicated to the City would
always be a passive buffer. It would simply be a main-
tenance task for the City and there would be very little
tangible benefit as far as recreation, in Mr. Cannon's opi-
nion.
Commissioner Weiner moved to deny this request on the basis
that it is now 640 units instead of 600 units. Mr. Cannon
thought the Commission needed to ratify the action of the
Planning and Zoning Board as being consistent with the sti-
pulation. Commissioner Weiner's motion died for lack of a
second.
Vice Mayor Wische moved that the request of the developer,
as approved by the Planning and Zoning Board, be ratified.
Commissioner Artis seconded the motion which carried 3-1.
Commissioner Weiner voted against the motion.
The Mayor called a brief recess at 8:40 P.M. The meeting
resumed at 8:50 P.M.
Location:
Carriage Homes of Congress Lakes
(f/k/a Gerulaitis Multi-Family Apt.)
Alex Garcia, Project Engineer
Carriage Homes of Congress Lakes
Associates
West of North Congress Ave., between
the Boynton (C-16) Canal and N.W.
22nd Ave.
PRELIMINARY PLAT: Request for the
approval of the construction plans
and preliminary plat which provides
for the construction of infrastruc-
ture improvements and landscaping to
serve 466 units in connection with a
previously approved planned unit
development.
F. Project~Name:
Agent:
Owner:
Description:
to
21
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY I, 1990
Mayor Moore recognized the presence in the audience of Mr.
Dan O'Connell, a Tmm Commissioner in Ocean Ridge. Mr.-
O'Connell had made a $500 personal donation toward the July
4th celebration.
Ms. Cynthia Greenhouse, 618 N.E. 20th Lane, Boynton Beach,
thought Mayor Moore was trying to lay the Greg's Garage
problem at the feet of the Code Enforcement Board and she
didn't think that was appropriate. She stated that Board
can only hear the cases brought before it. Greg's Garage
\~as heard over a year ago. She noted they were cited and
then they complied. The matter never came back before the
Board. Prior to the hearing, the Building Dept. made the
determination they were in compliance. A stipulation had
been entered into with Greg's Garage against the advice of
the citing inspector, Mr. Finizio. Mr. Finizio had
requested the Board hear it as he felt it was a life/safety
issue. However, because a stipulation was agreed to, the
Garage was given time to comply. She stated it was up to
the Building Dept. to make a determination as to whether
they are in compliance.
It was reiterated that the City Manager would be checking
into this situation.
DEVELOPMENT PLANS
A. Request for one (l) year time extension - construction of
required improvement,:; - Tract "E" at Meadows 300
The recommendation of staff was to grant the extension.
Vice Mayor Wische moved to grant the one year time exten-
sion. Commissioner Weiner seconded the motion which carried
5-0.
B. Woolbright Place Planned Unit Development - Revised
Master Plan
Copies of the TRB's comments were distributed to the
Commission. Tim Cannon, Interim Planning Director explained
the settlement between the City and Tradewinds anticipated
they would be submitting this revised Master Plan. The
Commission needed to determine if this revised Master Plan
complied with the settlement. It would then be transmitted
to the Planning & Zoning Board for review. It would then
come back to the City Commission on May 15, 1990 for ratifi-
cation of the Planning & Zoning Board's actions or the
Commission could over-ride the Board's recommendation.
City Attorney Cherof agreed these recommendations complied
with the settlement offer previously approved. Mr. Michael
Morton commenred from the audience it was in compliance.
7
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY l, 1990
Mr. Cannon indicated there was an agreement that the best
location for Tradewinds to dedicate park acreage would be a
strip of land they owned between Lake Boynton Estates and
Leisureville. Tradewinds owns about six acres there. A map
was referred to on the overhead projector. Tradewinds had
agreed to dedicate approximately 41 acres of the southern
part of the parcel. The Recreation & Parks Director, the
Planning Dept. and the TRB a9reed the best solution would be
for Tradewinds to dedicate 3~ acres and pay the City the
remaining one acre in cash. There is a vacant parcel owned
by Ernie Klapp, who also owns the property to the east of
the Mall. Staff recommended the city take one acre's worth
in cash and then the City could approach Mr. Klapp and
attempt to buy one acre from him. The result would be a
neighborhood park that could be used for a softball field or
other playing fields. If the City simply took the strip of
land from Tradewinds there would be limited uses. Any
recreational uses in that case would have to be placed right
up against Leisureville which would probably be a problem.
It was noted the Tradewinds people were aware of these ideas
and were willing to discuss this.
Mr. Klapp had not been approached yet regarding purchase of
his parcel. Discussion ensued. Commissioner Weiner
recalled it was the consensus of the Commission that it
would not accept cash for public park land. Conversation
took place regarding the need for a proper land con-
figuration. Staff's proposal would result in a "squared
off" neat parcel for the park land.
Mr. Cannon remarked they would try and approach Mr. Klapp
prior to the Planning & Zoning Board meeting. This would be
coming before the Commission for final approval on May l5,
1990.
Mr. KieraA Kilday of Kilday & Associates commented they were
only before the Commission at this meeting for a deter-
mination on substantial compliance. They had agreed the
site should be provided off site. The actual formula of hQi./
this will be done will be worked on with staff and a final
agreement will be ready for the May 15, 1990 meeting. They
had not agreed to staff's recommendation yet. They had also
talked about a center for abused children going on part of
the site.
Motion
Commissioner Olenik moved that the Commission make a finding
of no substantial change for the Woolbright Place PUD -
Revised Master Plan per the Settlement Agreement the City
entered into. Vice Mayor Wische seconded the motion which
carried 5-0.
to
8
...
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. DD 98-073
FROM:
Kerry Willis, City Manager
Jim Cherof, City Attorney
John Yeend, P.E., City Engineer
Tambri Heyden, Planning & Zoning Manager
Michael E. Haag, Building Code Permit Administrator
Bob Donovan, Permit Applications Supervisor
Bulent I. Kastarlak, Director of Development ~/K..
DATE: March 27, 1998
TO:
SUBJECT: PURPLE HEART WAY AND EXPO CENTER
I have reviewed the documents and issues related to the referenced proposed road and have made
the following determinations:
1. The November 1995 Woolbright Place Settlement Agreement required that the referenced
road be constructed within 21 months of the date of Agreement. The construction of the road
has been postponed beyond the 21 months. Now, the road is under consideration for a permit
by the Department concurrently with the permit application for the Expo Center by Home
Depot.
2. City Code, Chapter 6, Article III, Section 12 reads "All streets shall be constructed by the
Developer. . . in accordance with City regulations." This is now being complied with by the
Expo Center through an agreement with the original Developer (Mr. Morton).
3. City Code, Chapter 6, Article IV, Section lOB reads that the minimum street right-of-way for
a local street to be 50 ft with mountable curb and Section 10C states "two 11 ft lanes" for the
same. The Agreement stipulates a 50 ft R.O.W. and a 22 ft pavement with a "crown." This
signifies a "local street." The standards adopted by the County and FDOT define the "Urban
Local Street" as providing direct access to abutting uses, connections to higher order streets
and offering the lowest level of mobility.
4. The proposed street will meet the FDOT and County standards after an error of judgement
made by the Engineer of the Applicant is corrected. The error involves not lowering the
elevation of a drainage manhole located at the lowest point of the road to accommodate the
proposed 54 inch drainage pipe along the northern edge of the street. Lowering the elevation
of the manhole will make the "crown" section of the street possible without requiring
additional fill material. The correction will be made and plans will be resubmitted by the
Applicant.
Development Department Memo DD 98-073
RE: Purple Heart Way and Expo Center
March 27, 1998
Page Two
5. City Code, Chapter 6, Article IV, Section 10 reads". . . the new street, where necessary, shall
be carried to the boundary of the tract... to promote reasonable development of adjacent
lands...." In this case, it will be necessary to determine the final elevation of the street at the
boundary with abutting tract to carry forth the design and construction of the street to the
boundary of the tract. Without this fmal elevation figure, the design and construction of the
street cannot be completed. Currently, this fmal elevation information is not available, since
discussions between the abutting property owners, the Winchesters, and CSX Railroad is still
continuing about the feasibility of the railroad crossing.
6. City Code, Chapter 6, Article V, Section 4.B.2.e reads "Construction details showing
compliance with City standards, or alternate design as approved by the Director of
Development." When corrections in elevations are made, construction details will conform
to City standards.
RECONINIENDATIONS:
1. The proposed street design should be revised to reflect the R.O.W. width of 50 ft with 22 ft
pavement and mountable curbs and a crown, plus new and lower elevations for drainage
manhole and other points.
2. The submitted plans could show Purple Heart Way ending about 75 ft short of the abutting
property boundary line, including a culvert crossing easement. In the absence of final
elevations at the boundary line, it would be preferable for the Developer to postpone, and the
City to agree that the construction of the remaining 75 ft be done at a later date. For this, the
Developer will deposit an amount in escrow equal to a certified construction cost, plus 15%
contingency for engineering design and field supervision costs. The design and construction
will be completed by the City at a future date when all design' information is available.
I think that the resolution of this matter as proposed will be acceptable to all parties concerned
and will expedite the completion of the review process for permitting Home Depot Expo Center.
BIK: bg
\\CH\MAIN\SHRDATA\Development\Building-6870\Documents\Memos in Word\Purple Heart Way. doc
C<2
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ENGINEERING MEMO # 95-082
DATE: March 22, 1995
TO: MIKE HAAG, SITE COORDINATOR
FROM: KEN HALL, ENG. AIDE PHONE: 407-375-6283 @
SUBJECT: WOOLBRIGHT PLACE PLAT ONE - SUMMARY OF FINDINGS &
RECOMMENDA TIONS
INTERSECTION OF WOOLBRIGHT AND S.W. 8th ST.
In response to your request regarding the status/completion of recommendations 1,2,&3 of pg. 7
of the subject document, we find the following:
Item I a (3 southbound lanes): completed - two left turn only lanes and one thru/right turn lane.
;--"-~,
Item I b (westbound turn lane):: not~onstructed.
------.
Item Ie (add 3rd northbound lane from PylonHpotJonstructed - have left tumlthru & r. turn only.
Item ld (provide multi-phase signal controller): yes. (split north/south phases): no - verified that.
P.B.Co. Traffic Division prefers not to have phasing. '''''--.
SEACREST BLVD. AND WOOLBRIGHT
['-..
Item 2a (restripe northbound seacrest for left, left/thru and thruIright)~no~one - have a left turn
only and two thru lanes.
Item 2b (provide permissive E/W left turn phasing): yes.
Item 2c (provide split phasing for N/S approaches): no - for same reason as in Item Id. "i-,
CONSTRUCTION OF S. W.8th ST.- WOOLBRIGHT TO OCEAN DR.
Item 3 (construct roadway): The stretch of roadway from Morton's Way north to Ocean Dr.
has been primed (ready for asphalt). The portion from Morton's Way south to the Home Depot
entrance requires work before it can be primed. The best estimate for the completion of the
roadway is 3-4 weeks.
KRH/krh
C: William Hukill and to file
tradwind.f&c
00 rn @, rn ~ w rn ffiH
E~___-
p" t,"':.'" ~~
;-:, ~ I' V
.H__,.-.'_.. ~ ~ .
PLANNING AND ZONING DEPARTMENT
MEMOF~~DUM NO. 94-204
TO: Jim Cherof
City Attorney
FROM: Tambri J. Heyden 794
Planning and Zoning Director
DATE: June 21, 1994
SUBJECT: Tradewinds - Comments regarding revised settlement
agreement - File Nos. 469 (Woolbright Place MPM) and
470 (Shoppes of Woolbright MPM)
As requested by the City Manager, my comments regarding the draft,
revised settlement agreement between Tradewinds Development
Corporation and the City are as follows:
Page 2 and 3, Section 2, Industrial Access Road and New Railway
Crossing - It is recommended that the reference to inconsistency
with "planning forces" be rephrased. The planning reasons for
requiring the road - the City's subdivision regulations intending
that roads be extended to adjacent properties and to avoid access
from Ocean Drive to Winchester's property which does not meet the
subdivision regulations in terms of distance - have not changed.
The industrial access road is reflected on the recorded, final plat
of Woolbright Place. Therefore, in addition to revision of the
master plan, we discussed revising the dedication of the plat by
abandoning this public right-of-way through the abandonment
process, which I assume is required to change the status of a
public right-of-way, yet not mentioned in this agreement. Also,
part of the abandonment discussion was the new location of the
PUD/PCD zoning line which was to be moved to the north right-of-way
line of the industrial access road (platted as Morton's Way).
Morton's Way would then be dedicated as a private road (not a rear
access aisle or driveway of the shopping center) to serve
Winchester's property and the rear of the PCD shopping center. As
drafted, the agreement implies that the public right-of-way would
become an easement, not a private road, zoned PUD and encumbering
the rear of the shopping center property, with access rights to Mr.
Winchester.
Additional Signage (It is recommended that this become a section
separate from the industrial access road section) - Purchasing I-95
frontage property from Winchester for signage, without requiring
unity of title, would make additional signage prohibited, off-
premise signage located on M-1, rather than PCD, zoned property.
The new subdivided parcel would also have to meet lot dimension
requirements. This problem could be eliminated if the City were to
process a land use amendment/rezoning and require unity of title
<'Lfi- ," ~ "----:5 rr
LL-g'-<.-. _ (L. ~ I~
<~.zLvl.-v-- i..~ ~
-;)~ ~2:~{
PLANNING AND ZONING DEPT. MEMORANDUM NO. 94-204
Page Two -
for the new parcel. As drafted, the agreement requires only sign
compliance with the City's height and size limitations, not
locational standards and without mention of sign program
requirements. Also, to avoid future uncertainty, the agreement
should address number of additional signs and who/which businesses
(anyone within the PCD, those businesses on the west side of 8th
Street, etc.) can advertise on the additional sign(s).
Page 3, Section 3, Vesting - Since this comes up frequently, it is
reconunended that a sentence be added that "compliance with 1986
codes is intended". As written, the agreement does not resolve the
issue of "picking and choosing" different sections of the 1986 code
and the current code based on whichever is beneficial to the
developer, as happened with Racetrac. As discussed within our
meeting, the only "picking and choosing" allowed would be current,
public safety codes and more stringent aesthetic requirements which
Mr. Morton agreed to comply with. The applicability of 1986
building/permitting fees is addressed, but not fees for site plan,
master plan, platting, etc. We discussed charging 1986 fees for
these as well, unless the application is a modification (replat,
master plan modification, site plan modification), in which case
current fees would be charged. If not addressing these fees allows
us to charge current fees, this issue becomes simple to deal with.
Page 4, Section 5, Wall/Landscape Buffer - To put this issue to
rest, it would be beneficial to include a statement that the 6 foot
wall is required, however, along the north boundary of the PCD,
between the PUD and PCD. Insertion of the word "PCD" before the
word "property" is reconunended.
Page 4, Section 6, Uses in the PCD - This section does not address
whether conditional use approval is necessary (reference Section
6.F.5.a. of the zoning code). Would a fast food restaurant with a
drive-through require conditional use approval as is required in
the C-3 zoning district? Also, it was not intended to circumvent
use approval by the Planning and Development Board and City
conunission for uses proposed which are not allowed in C-3
(reference Section 6.F.5.c of the zoning code).
Page 5, Section 7, Master Plan Modification - It is reconunended
that "types of" be inserted prior to "conunercial uses". I strongly
advise that a master plan modification be required for all other
types of changes. Therefore, I would reconunendea that the last
sentence be rephrased to require a master plan modification for the
PUD and PCD if changes affect size, configuration or location of
parcels designated for residential use and conunercial use, as well
as access points to parcels in the PUD and PCD, intensity, density,
buffers and setbacks.
PLANNING AND ZONING DEPT. MEMORANDUM NO. 94-204
Page Three -
Pages 5, Section 9, Exhibit "F" (Expediting Submissions) - There
are ambiguities with the current agreement (attached) which I have
been informed by the previous director, caused staff to not follow
the agreement when processing the last two peD site plans (Racetrac
and Acme Plast.:ics). It is recorrnnended that this ay-reement be
amended to clarify the current agreement with respect to types of
documents to be formally submitted (since the current agreement is
not patterned after the 1986 site plan process or 1991, current
site plan process), how approval corrnnents are rectified (part of
permitting documents or prior to), whether staff can require an
amended plan submittal, details of what "written documentation" is
to be submitted prior to pre-application meeting, whether the pre-
application meeting is held with all Technical Review Committee
members to field all departments I pre-review comments or just
Planning Director, as is currently done and whether the agreement
was intended for processing all types of development orders, even
PUD master plan modifications which require City Commission review
prior to Planning and Development Board approval.
I appreciate the opportunity to comment on these complex and
important matters relative to Tradewinds.
TJH/cmc
Attachment
xc: Carrie Parker
a: Tradewinds
EN3INEERING DEPl\R'IMENT MEMORANDUM NO. 90-119
April 26, 1990
TO: J. Scott Miller
City Manager
FRCM: Vin<::Ent A. Finizio
Acting Assistant to the City Engineer
RE: T.R.B. Comments
Master Plan Modifications
Woolbright Pla<::E P.D.D.
Please be advised that the Engineering Department for the City of Boynton
Beach, Florida has reviewed the applicants submittal and find it in
substantial conformance with Appendix "C", Section 4, "Master Plan".
A~'
Vincent A. Finizio
VAF/ck
cc: Jim Golden, Senior City Planner
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 5, 1 S
He referred to the playground across from City Hall and stated that if he was to build I
property, he could not do what the City did. He pointed out that the Buildil
Department never permitted that playground.
He stated that if you try to make existing buildings conform, you are going to destrc
the ability for people to get into those places to trade and eventually they will be ba<<
on the market and the tax roll will go down.
Motion
Commissioner Bradley moved to delete this item from the agenda. Commission~
Tillman seconded the motion, which carried unanimously.
-'
Set workshop meeting date to discuss proposed Leisureville
settlement and Woolbright Place Settlement Agreement
Motion
Vice Mayor Titcomb moved to approve a workshop meeting on August 25, 1997 at 6:3(
p.m. Commissioner Jaskiewicz seconded the motion, which carried unanimously.
XI. LEGAL
A. Ordinances - 2nd Reading - Public Hearing
1. Proposed Ordinance No. 097-32 Re: Amend Part II, Chapter 2,
Article I, Section 2-20(c) of the Code of Ordinances providing for
amendment of the time periOd in which motions to reconsider
quasi-judicial decisions must be made and indicating when a quasi-
judicial decision is final
Attorney Doody read Proposed Ordinance No. 097-32 by title only.
No one in the audience wished to address this item.
23
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