REVIEW COMMENTS
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-100
Al Newbold
Deputy Building offtc~al
Michael E. Haa~f./~
Zoning and Site ~evelopment Administrator
March 30, 1995 ~
Transmittal of Development Orders
TO:
FROM:
DATE:
SUBJECT:
Accompanying this memorandum you will find documents regarding
development plans that received final approval.
1. Project Name:
Type of Application:
Planning and Zoning
Department File No.:
Staff Report and Comments:
Control Plans:
Color Elevation Drawings:
Planning and Development
Board Approval:
City Commission Approval:
Resolution No.:
Ordinance No.:
2. Project Name:
Type of Application:
Planning and Zoning
Department File No.:
Staff Report and Comments:
Control Plans:
Color Elevation Drawings:
Planning and Development
Board Approval:
City Commission Approval:
Resolution No.:
Ordinance No.:
3. Project Name:
Type of Application:
Planning and Zoning
Department File No.:
Staff Report and Comments:
Control Plans:
Color Elevation Drawings:
Planning and Development
Board Approval:
City commission Approval:
Resolution No.:
Ordinance No.:
4. Project Name:
Type of Application:
Planning and Zoning
Department File No.:
Staff Report and Comments:
Control Plans:
Color Elevation Drawings:
Planning and, Development
Board Approval:
City Commission Approval:
Resolution No.:
Ordinance No.:
MEH:pab
Attachments
Woolbright Place PUD
Master Plan Modification
MPMD 94-003 & MPMD 94-005
28 and 16 pages respectively
2 sheets
N/A
9/13/94 meeting minutes
12/13/94 meeting minutes
8/16/94 meeting minutes
12/06/94 meeting minutes
N/A
N/A
Citrus Park PUD
Master Plan Modification
CNTE 94-002 & ~284
8 pages
5 sheets
N/A
12/13/94 Time Ext. minutes
9/19/89 meeting minutes
12/20/94 Time Ext. minutes
N/A
N/A
Brisson Medical Office Building
Major Site Plan Modification
MSPM 94-008
15 pages
4 sheets
Yes - Drawings in Planning &
Zoning Department
2/14/95 meeting minutes
2/21/95 meeting minutes
N/A
N/A
Brisson Medical Office Building
Landscape Appeal
LAAP 95-001
6 pages
N/A
N/A
2/14/95 meeting minutes
2/21/94 meeting minutes
N/A
N/A
a: TrsmtPln. 100
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-080
FROM:
Robert Eichorst, Public Works
Al Newbold, Building Division
William Cavanaugh, Fire Prevention officer
Lt. Jim Cummings, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
Clyde "Skip" Milor, utilities Chief Field Insp.
Bill Hukill, D~~t Department
Michael E. Haag
Zoning & site Dev 10 ment Administrator
March 6, 1995
TO:
DATE:
SUBJECT: Woolbright Place PUD - Master Plan Modification
(sign-off)
- File # MPMD 94-003 and
MPMD 94-005
The amended Master plan for Woolbright Place PUD has been submitted
for final sign-off by the Technical Review Committee. Two (2) sets
of plans, each requiring your unconditional signature, are
available in the Planning and Zoning Department. A copy of the
originally reviewed plans, staff comments and City Commission
approval of the Master Plan Modifications will be available for
your use to perform the review.
please review and sign-off each of the two (2) sets of plans, NO
LATER THAN 5:00 P.M., MARCH 9, 1995. If the plans are not in
compliance with your staff comments or City regulations, sign the
plans "subj ect to memo". To facilitate the sign-off process,
please resubmit written comments addressed to the Planning and
Zoning Director, NO LATER THAN 5:00 P.M., MARCH 10, 1995.
It should be noted that the applicant is processing, through the
Development Department, plat approval for Phase I and permit plans
for construction of the buildings for Phase I. The plat and
construction documents shall coincide with the signed-off Master
Plan, any major deviation desired by the developer must be approved
by the Technical Review Committee.
Thank you for your prompt response to this request.
cc:
Floyd Jordan, Fire Chief
Charles Frederick, Recreation & Parks Director
Thomas Dettman, Police Chief
John Guidry, utilities Director
Tambri J. Heyden, Planning & Zoning Director
Pete Mazzella, Assistant to utilities Director
Steve Campbell, Fire Department
Larry Quinn, Public Works
Central File
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-050
FROM:
Robert Eichorst, Public Works
Al Newbold, Building Division
William cavanaugh, Fire Prevention Officer
Lt. Jim Cummings, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
Clyde "Skip" Milor, utilities chief Field Insp.
Bill Hukill, DeveloP~ Department
Michael E. Ha$'~
Zoning & Site De pment Administrator
February 13, 199
TO:
DATE:
SUBJECT:
Woolbright Place PUD
- Master Plan ~on
(sign-off)
File # MPMD 94-003 a
MPMD 94-005
The amended Master Plan for Woolbright Place PUD has been submitted
for final sign-off by the Technical Review Committee. Three (3)
sets of plans, each requiring your unconditional signature, are
available in the Planning and Zoning Department. A copy of the
originally reviewed plans, staff comments and City Commission
approval of the Master Plan Modifications will be available for
your use to perform the review.
Please review and sign-off each of the three (3) sets of plans, NO
LATER THAN 5:00 P.M., FEBRUARY 17, 1995. If the plans are not in
compliance with your staff comments or City regulations, sign the
plans "subject to memo". To facilitate the sign-off process,
please resubmit written comments addressed to the Planning and
Zoning Director, NO LATER THAN 5:00 P.M., FEBRUARY 21, 1995.
It should be noted that the applicant is processing, through the
Development Department, plat approval for Phase I and permit plans
for construction of the buildings for phase I. The plat and
construction documents shall coincide with the signed-off Master
Plan, any major deviation desired by the developer must be approved
by the Technical Review Committee.
Thank you for your prompt response to this request.
cc: Floyd Jordan, Fire Chief
Charles Frederick, Recreation & Parks Director
Thomas Dettman, Police Chief
John Guidry, utilities Director
Tambri J. Heyden, Planning & Zoning Director
Pete Mazzella, Assistant to utilities Director
Steve Campbell, Fire Department
Larry Quinn, Public works
Central File
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7. B. 1.
SUBDIVISIONS
MASTER PLAN MODIFICATION
WOOLBRIGHT PLACE PUD
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-276
TO: Chairman and Members
Planning and Development Board
, ...~
FROM: Tambri J. Heyden ~Q.
Planning and Zoning Directo~
DATE: september 9, 1994
SUBJECT: Woolbright Place PUD - MPMD #94-003
Revised pods, acces, setbacks and buffers
INTRODUCTION
Richard Wohlfarth, agent for Howard Scharlin, trustee/property
owner of the Woolbright Place PUD, located on S.W. 8th street,
approximately 1400 feet north of Woolbright Road, is requesting
approval to modify the previously approved master plan for the
Woolbright place PUD, as described in the attached report
(Planning and Zoning Department Memorandum No. 94-255).
RECOMMENDATION
At the August 16, 1994, City Commission meeting, the City
Commission unanimously made a finding of no substantial change
regarding the modification requested. staff recommended that the
modification be approved, subject to staff comments (see Exhibit
"D" - utilities Department Memorandum No. 94-261, Engineering
Department Memorandum No. 94- 241, Recreation and Parks
Department Memorandum No. 94-289, Recreation and Parks Department
Memorandum No. 94-293 and Planning and Zoning Department
Memorandum No. 94-256). However, the City Commission included in
their motion approval of all staff comments, with exceptions to
Planning and Zoning Department comment #4, regarding a buffer
along the north boundary of the 33.87 acre, multi-family parcel
and Planning and Zoning Department comment #5, regarding
enforcement of the terms of the park and recreation agreement
between the City and Tradewinds Development Corporation.
Regarding the buffer along the north boundary of the 33.87 acre
parcel, the City Co~mission is allowing the twenty foot wide
landscaped buffer, the width to be split between the 33.87 acre
parcel and the 14 acre parcel (planned to be revised for single
family lots), as shown on the proposed master plan. The
Commission further stipulated that the buffer shall be bermed and
have a five foot high chain link fence, with Ficus hedging on
both sides of the fence. Trees are also to be provided.
Regarding the park and recreation agreement, the City Commission
is requiring that the issue of payment of the parks and
recreation fee by Tradewinds be resolved prior to site plan
approval of The vinings, multi-family project. Site
plan approval of The Vinings is scheduled for Planning and
Development Board and City Commission consideration, September
13, 1994 and September 20, 1994, respectively. Exhibit "E" is a
copy of an August 31, 1994 letter received from Howard Scharlin
proposing to pay the $60,000 in park fee to the City at the time
of issuance of building permits or by January 10, 1995, whichever
comes first. This proposal will need to be considered by the
Planning and Development Board and City Commission with the
approval of The Vinings site plan.
tjh
Attachments
xc: Central File
A:WPlcMPM1
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-255
Agenda Memorandum for
August 16, 1994 City Commission Meeting
FRCM:
Carrie Parker
Ci ty Hanager r_
Tar.lbri J. HeYden.J~9.~
Planning and Zoning Department
TO:
DATE:
August 11, 1994
SUBJECT:
Woclbright Place PUD - MPMD ~94-003
Revised pods, access, setbacks ~nd buffers
NATURE OF REQUEST
Richard Wohlfarth, agent for Howard Scharlin, trustee/property
owner of the Woolbright Place PUD, locatej on S.W. 8th street,
approximately 900 feet north of Woolbrlght Road (see Exhibit "A"
- location map), is requesting approval to modify the pre~iously
approved master plan for the Woolbright Place PUD (see Exhibit
"B" - letter of request and Exhibit "C" - approved and proposed
master plans). The modifications are as follows:
1. Redistribution of the 320 multi-family units approved
within pod 1 (21.25 acres in size) and the 320 multi-
family un1ts approved within pod 2 (23.296 acres in
SlZ2) as a 33.87 acre p~rcel at the northeast corner of
S.W. 8th street and Morton's Way (unimproved industrial
acceES road) for 550 multi-family u~its and a 14 acre
parcel, immed1ately northwest of the 33.87 acre parcel,
for 90 multi-family units;
2. A ptasing plan of the new 33.87 acre parcel which
breaks the parcel into pod 2A, to be site planned and
constructed first (currently 1n process) and into pod
2B (later construction);
3. Shifting of the two access points to the two multi-
family pods (500 feet north of Morton's Way and 1320
feet north of Morton's way) to create one access point,
608 feet north of Morton's Way, to the 33.87 acre
parcel and one access point, 1328 feet north of
Morton's Way, to the 14 acre parcel;
4. Creation of a 20 foot wide landscaped buffer between
the 33.87 acre parcel and the 14 acre parcel - the
width of the buffer to be split between the two
parcels; and
5. Establishment of a building setback (40 feet) for the
multi-family units within the 33.87 acre parcel from
the multi-family units (to be changed to single-family
at a later ~~tG' within the 14 acre parcel.
BACKGROUND
The Woolbright Place PUD master plan was approved by the Planning
and Zoning Board on May 8, 1990 and ratified by the City
Commission on May 15, 1990 as being consistent with the January
24, 1990 stipulation and settlement agreement between the City
and the property owner. The PUD was then boundary platted
(approved by Commission on November 20, 1990) and infrastructure
and landscape buffering has been partially completed. On
February 19, 1991, the Commission approv~d a site plan for 640
rental apartments (Woolbright place Apartments) which has
expi i-ed.
TO: Carrie Parker
-2-
August 11, 1994
Appendix B, Planned unit Development, of the City code of
ordinances states that changes in planned unit developments shall
be processed as follows:
Section 12. Changes in plans.
"Changes in plans approved as a part of the zoning to PUD
may be permitted by the planning and zoning board upon
appllcation f~led by the developer or his successors in
interest, prior to the expiration of the PUD classification,
but only [after] a finding that any such change or changes
are in accord with all regulations in effect when the change
or changes are requested and the intent and purpose of the
:omprehensive plan in effect at the time of the proposed
change. substantial changes shall be proposed as for a new
application of PUD zoning. The determination of what
constitutes a substantial change shall be within the sole
discretion of the city commission. Nonsubstantial changes
as determined by the city conmission in plans shall not
extend the expiration of the eighteen month approval for the
PUD classiflcation."
Also, pursuant to Resolution #92-99, which sets forth an
expedited review of development applications submitted to the
City by the property owner, the special schedule established by
staff and the applicant for processing this request is as
follows:
August 1, 1994 - application/plans received
August 2, 1994 - plans distributed to the Technical Review
Committee (TRC)
August 9, 1994 - TRC meeting held and written comments due
to Planning and Zoning Department at end of day for
preparation of staff report to Commission
August 16, 1994 - city Commission meeting
September 13, 1994 - Planning and Development Board meeting
(no special, earlier Planning and Development
Board meeting was desired by the applicant)
.. ANALYSIS,
Staff has reviewed this request for consistency with the PUD
development standards, and the intent and purpose of planned unit
developments as stated in the following sections of Appendix B,
Planned Unit Developments of the code of ordinances:
Section 1. Intent and purpose.
"A planned Unit,Develooment District (PUD) is established.
It is inte:nc1.'f'( 't:h ,:;} "'11,'$ "Ustrict be utilized to promote
efficient and economical land use, improved amenities,
appropriate and harmonious variety in physical development,
creative design, improved living environment, orderly and
economical development in the city, and the protection of
adjacent and existing and future city development. The
district is suitable, for development, redevelopment, and
conservation of land, water and other resources of the city.
Regulations for planned unit developments are intended to
accomplish the purposes of zoning, subdivision regulations,
and other applicable city regulations to the same degree
that they intended to control development on a lot-by-lot
basis. In view of the substantial public advantages of
planned unit developments, it is the intent of PUD
TO: Carrie Parker
-3-
August 11, 1994
regulations to promote and encourage development in this
form where tracts suitable in size, location, and character
for the uses and structures proposed are to be planned and
developed as unified and coordinated units."
Section 9. B. Internal Lots and Frontage. "Wi thin the
boundaries of the PUD, no minimum lot size or minimum yards
shall be required, provided, however, that PUD frontage on
dedicated public roads shall observe front yard requirements
in accordance with the zoning district the PUD use most
closely resembles and that peripheral yards abutting other
zoning districts shall be the same as required in the
abutting zone."
with respect to the changes requested, the redistribution of pods
and acreage does not increase the allowable density of the
project or change the type of residential units. Therefore, no
change in impacts on traffic, water and sewer will result. The
proposed phasing plan, provided the phase line is not a property
line (otherwise affecting a concurrent request for a waiver of
platting to further subdivide the PUD), is acceptable. Details
of timed construction of improvements within the 33.87 acre
parcel will be addressed during the review of the site plan for
this parcel; currently in progress. Revised access points are
also acceptable.
Relative to establishment of a 40 foot setback between the 33.87
acre parcel and the 14 acre parcel (currently designated as
multi-family with a near future master plan modification planned
to convert to single-family), as stated above there are no
minimum yard requirements within PUDs. The 40 foot setback
proposed is the same setback required in the R-3, Multiple Family
ResIdential, 20nlng district which the PUD use most closely
resembles.
Regarding the 20 foot wide landscaped buffer, the width to be
split between the 33.87 acre, multi-family parcel and the
14 acre, multi-family (future single-family) parcel, it is
recommended that a 25 foot wide landscaped buffer be provided
within the boundaries of the 33.87 acre parcel. Other city PUDs
with multi-family and single-family units abutting each other
have been approved with a 25 foot wide buffer. In addition,
staff has encountered problems with peripheral landscape buffers
when they are incorporated as an easement on private, homeowner
lots, or even as a separate tract, dedicated to the homeowners'
association, that abuts homeowner lots. These buffers frequently
succumb to homeowner pressure to fence them in. Landscaping
within the buffers are then difficult to ensure that they are
retained as originally required. Also, the premise behind
buffers is to require them as part of development of the use that
is creating the "negative" impact. By splitting the buffer area,
the buffer would not be unified in terms of design, construction,
timing and maintenance~
if' ~.'.'" ,.;,'"'4,1....
I..
RECOMMENDATION
On Tuesday, August 9, 1994, the TRC met to review the master plan
modification. The Board recommends that the city Commission make
a finding of no substantial change for the proposed modification,
and that the Planning and Development Board approve the request,
subject to staff comments (see Exhibit "D" - utilities Department
Memorandum No. 94-261, Engineering Department Memorandum No. 94-
242, Engineering Department Memorandum No. 94-241, Recreation ,and
Parks Department Memorandum No. 94-289, Recreation and Parks
Department Memorandum No. 94-293 and Planning and Zoning
Department Memorandum No. 94-256).
tjh
Attachments
EXHIBIT "A"
EXHIBIT "BII
CCL CONSULTANTS, INC.
Consulting Engineers m, "
Surveyors
Planners
2200 PARK CENTRAL BLVD., N, SUITE 100, POMPANO BEACH, FL 33064, (305) 974-2200. FAX (305) 973-2686
August I, 1994
Ms. Tambri Heyden, City Planner
CITY OF BOYNTON BEACH
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33435
RE: \Voolbright Place (aka: The Vinings)
CCL Engineer's Project No. 3420
Dear Ms. Heyden:
Please find enclosed twelve (12) copies of the revised Master Plan for the PUD for \Voolbright
Place. We have also enclosed a check for $500.00 to cover the application fee requirements.
Would you please process this application in accordance with our meeting of Wednesday
morning, July 27, 1994. It is our understanding that this item will be scheduled on the Agenda
for the TRC on August 9, 1994 and then on to City Council to determine if it is a minor or major
revision on August 16, 1994, so that it can be heard by the Planning Board on September 13 and
back to City Council for adoption with the approval of the application for Site Plan on September
20, 1994.
The major modifications from the existing Master Plan to this revised plan deal primarily with
the following:
Divisions of the Phase lines for the multi-family;
The inclusion of a 20-foot buffer between the Pod I and Pod 2B site, 10' on either side.
1 believe that you will find that the rest of the Master Plan is in keeping with the past approvals,
and hopefully we will receive your approval on this as we go through the process. Again, I
would like to thank you and your staff for your assistance on this matter to date.
Very truly yours,
CCL CONSULTANTS, INC.
flt,w I j{,
Richard C. Wohlfarth, P.E.
President
,
enclosures
cc: Bettina Scherer, TRC
Michael Haag, City of Boynton Beach
Danny Powell, Landscape Architect
EXHIBIT "e"
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WOOLBRIGHT PLACE P.U.D.
BOYNTON SUCH, FLORIDA
t.4'ST(R PUIN PORt TION
GN AND COW rRUCTION COR _,__: __'___,
TRADEWINDS DESI ,__ '_-,__ .
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EXHIBIT lIDI1
MEMORANDUM
UTILITIES DEPT. NO. 94 - 261
TO:
Tambri J. Heyden, Planning a d
irector
FROM: John A. Guidry, Utilities Director
DATE: August 9, 1994
SUBJECT: Woolbright Place PUD Master Plan Modification
We offer the following comments on this project:
1. Show existing utility easement located parallel to the north boundary of the PUD,
which will eventually contain a sewage force main to replace one that currently
exists inside the project. The construction of the new force main will be addressed
at the site plan stage.
2. Construction of the PUD is predicated upon the abandonment of an existing,
recorded easement which runs through the project. We anticipate this easement
will be abandoned once the required off-site force main is completed and placed
into full operation.
3. We reserve the right to comment on landscaping that may fall within utilities
easements. (Sect. 7.5-18.1 City Code)
We have no objection to this project moving forward for City Commission review and
action, subject to the above conditions. If you should have any further questions on this
matter, please refer them to Peter Mazzella of this office.
JAG/PVM
bc: Peter Mazzella
xc: Skip Milor
File
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PJ,INr';ING MID
lo~;r'JC; :iL~)T.
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-242
FROM:
Tambri J. Heyden
Planning & Zoning Director
IW!!~m Hukill, P.E.
~~ Engineer
TO:
DATE:
August 10, 1994
RE:
THE VININGS P.U.D.
We have reviewed the Master Plan modification discussed at TRC
yesterday, and have no comments with respect to revised access
points off of SW 8th street and Morton's Way, the phasing shown,
subdivision of multi-family parcels on landscape buffers.
We remain concerned that present stormwater from at least a portion
of the Shoppes of Woolbright P.C.D. to the south drains onto the
proposed Vinings Development. That drainage will have to be routed
elsewhere prior to commencement of activity in the affected portion
of the vinings.
WVH/ck
C:VININGS.TRC
xc: Mike Haag, Zoning/Site Administrator
Vincent Finizio, Dep. City Engineer
s/ (~/((4
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ENGINEERING DEPARTMENT MEMORANDUM NO. 94-241
TO:
william Hukill, P.E.
City Engineer
FROM:
vincent A. Finizio
Deputy City Engineer
DATE:
August la, 1994
RE:
WOOLBRIGHT PLACE, P.U.D.
AMENDED MASTER PLAN SUBMISSION
Please be advised that I have no objection to the above referenced
master plan submission relative to the revised access points off of
SW 8th Street, the proposed phasing plan and the proposed landscape
buffer between phased parcels.
It is my understanding that you will address the stormwater
drainage design for this P.D.D. as well as necessary action to
ensure that the Home Depot site (P. C. D.) stormwater management
system complies with approved record drawings and City codes.
I respectfully request that you provide a copy of this memo to the
City's Planning & Zoning Director along with your Technical Review
Committee comments regarding the above referenced project.
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vincent A. Finizio~
VAF/ck
C:WOOLBRIT.TRC
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RECREATION & PARK MEMORANDUM '94-289
TO:
Tambri Heyden, Planning & Zoning Director
FROM:
Kevin J. Hallahan, Forester/Environmentalist
K~H
RE:
Woolbright Place P.U.D. - Master Plan Modification
DATE:
August 8, 1994
There are existing trees on the site which must be addressed in
conjunction with the City's Tree Preservation Ordinance. [Chapter
7.5, 4b., pg 595]. This ordinance pertains to all underdeveloped
property in the City. The project should continue in the normal
review process.
KH:ad
00 ^'~ rn RUI0~~ rn @
PLANNING AND
ZONING iJ[PI
RECREATION & PARK MEMORANDUM '94-293
FROM:
Tambri Heyden, Planning & Zoning Director
John wildner, Parks Superintendent ~~
Charles C. Frederick, Director(4
Recreation & Park Department ( '~~~-
TO:
THROUGH:
RE:
Woolbright Place P.U.D. (MasterPlan Modification)
DATE:
August 9, 1994
The Recreation & Park Department has reviewed the MasterPlan
modification for Woolbright Place P.U.D. The following comments
are submitted:
1. In 1990, the City and Tradewinds Development Corporation
entered into an agreement regarding the park and recreation
areas required for the development of Woolbright Place P.U.D.
As a part of agreement, Tradewinds agreed to provide certain
improvements to a proposed park near the P.U.D. if that park
was developed within a three year period.
2. Value for these improvements was set at $75,000. In the event
that the City failed to generate park plans within three
years, Tradewinds agreed to pay the City $60,000 cash in lieu
of the land dedication required.
3. At the time of site plan approval for the residential
development, Tradewinds must establish evidence of enti tlement
for 50% credit .for private open space.
4. In the event that Tradewinds failed to meet these criteria,
then Tradewinds agreed to forfeit that portion of a surety
bond equal to 4.5 acres of property.
5.
Resolution of this matter is required prior to
department's approval of the MasterPlan modifications.
of the agreement is attached.
this
A copy
JW:ad
CC: Carrie Parker, City Manager
Jim Cherof, City Attorney
File
RECREATION' PARK MEMORANDUM 193-352
FROM:
J. Scott Miller, City Manager
Charles C. Frederick, Director 0 0'~
Recreation & Park Department
TO:
RE:
Woolbright Place PUO:
Agreement
Tradewinds Park & Recreation
DATE:
August 27, 1993
On October 17, 1990, the city entered into an agreement wi th
Tradewinds Development Corporation establishing Park , Recreation
dedication requirements. The agreement is attached. As a part of
the agreement, Tradewindsdedicated 3.5 acres for park development.
Their dedication requirement was 4.5 acres. The remaining acre was
to be provided through park construction improvements on the 3.5
acres valued at $75,000 (the determined value of one acre of land).
The agreement indicates that if the City fails to generate a park
development plan within three years from the date of the agreement,
Tradewinds shall pay the City $60,000 in full satisfaction of any
cash payment required in lieu of land dedication.
As we have not generated a park plan and have no plans to do so by
October 17, 1993 due to the financial situation of the city, it
would be appropriate to enact the collection of the $60,000 from
Tradewinds and place the funds in the Recreation and Park Trust
Fund. These funds can be utilized to develop the 3.5 acres as a
neighborhood park when the City deems it appropriate.
1 would recommend the City Attorney review this agreement for
concurrence with my interpretation and the necessary action to
finalize the action be scheduled.
Attachment
CCF:ad
CC: Jim Cherof, City Attorney
iohn Wildner, Parks Superintendent
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AGREEMENT
THIS AGREEMENT made this
17th day of
October
, 1990,
by and between THE CITY OF BOYNTON BEACH, FLORIDA (hereinafter
referred to as "CITY") and Tradewinds Development Corporation
(hereinafter referred to as "TRADEWINDSIl).
WHEREAS, TRADEWINDS has heretofore
submi tted to the CITY
for approval, a preliminary Plat of the Woolbright Place PUD
(hereinafter "Plat") pursuant to Appendix C, Article VIII,
Section 5, and
WHEREAS,
TRADEWINDS and the CITY have processed the
preliminary Plat before the Technical Review Board, Planning &
Zoning Board and city commission in accordance with the
requirements of Appendix C, and
WHEREAS, the Planning & Zoning Board of the CITY at its
September 17, 1990, Special Meeting conditionally approved the
preliminary Plat and made its recommendations to the city
Commission, and
WHEREAS, the City commission conditionally approved the
preliminary Plat subject to an Agreement in writing being reached
between TRADEWINDS and the CITY regarding the park and recreation
areas required for the development of the property which is the
subject of the Plat, and
Page 1 0 f 7
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WHEREAS, Appendix C, Article IX, section 8 requires the
dedication of park or recreational facilities as a condition of
preliminary Plat approval, and
WHEREAS, Appendix C, Article IX, Section 8G requires an
Agreement, in writing, by TRADEWINDS with respect to the
dedication of lands, the payment of fees in I ieu thereof, or
both, at the option of the CITY, and
WHEREAS, it is the objective of the CITY and TRADEWINDS to
create a legally binding Agreement which not only sets forth the
rights and duties of TRADEWINDS and THE CITY with respect to the
park and recreational areas, but which also constitutes the
writing required of TRADEWINDS pursuant to Appendix C, Article
IX, Section 8G.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS
AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH
IS HEREBY ACKNOWLEDGED BY THE PARTIES HERETO, IT IS HEREBY AGREED
AS FOLLOWS:
1. The CITY agrees to accept a combination of land,
located outside the bound3ries of the Plat, and fees in the form
of actually constructed improvements to a proposed CITY Park in
satisfaction of TRADEWINDS obligation to provide land for park or
recreational purposes within the boundaries of the Plat.
2. The CITY and TRADEWINDS agree that the fair market
value of one acre of land within the boundaries of the Plat is
$75,000.00.
Page 2 of 7
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3. TRADEWINDS shall convey to the CITY by special Warranty
Deed and such other collateral instruments as are determined by
the City Attorney to be necessary, 3.5 acres of land, the legal
description of which is set forth on Exhibit "A" and attached
hereto. Said conveyance shall be free and clear of all liens and
encumbrances and shall constitute partial satisfaction of the
Woolbright Place PUD Parkland dedication requirements pursuant to
Appendix C of the Code of Ordinances.
4. In addition to the foregoing, TRADEWINDS shall, solely
at the option of the CITY:
A. Pay to the CITY the fair market value of one acre
of land which would otherwise be required to be dedicated
pursuant to the formula prescribed in Appendix C, Article IX,
section 8B4, or
B. Provide Actual Constructed Improvements
(hereinafter "Improvements) to the proposed park to be located on
the three and one-hal f (3.5) acres heretofore described. The
Improvements shall be in accordance with a design plan generated
by the CITY. In conjunction with the development of a design
plan for improvement of the proposed park site, the CITY shall
prepare a detailed estimate of projected costs for each element
of the improvement. The CITY shall designate those elements of
the design plan which TRADEWINDS shall be responsible for
construction, provided that the total elements designated for
improvement by TRADEWINDS shall not exceed the agreed upon fair
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market value as set forth in paragraph 2 of this Agreement. All
construction improvements which become the responsibility of
TRADEWINDS shall be completed in accordance with the construction
schedule prepared by the CITY. In the event the CITY fails to
generate park development plans within three (3) years of the
date of this Agreement TRADEWINDS shall pay to the CITY Sixty
Thousand Dollars ($60,000.00) in full satisfaction of any cash
payment to the CITY required in lieu of land dedication.
C. The parties specifically agree that Tradewinds
shall have the right to construct an additional 16 units within
the Woolbright PUD, thereby bringing the total buildable units
within the PUD to 656. TRADEWINDS agrees to limit to a total of
16, the units to be constructed specifically in the northeasterly
portion of the property. The area is generally described as "The
Tail". A legal description of that portion of the property is
attached as Exhibit X. To the extent that this provision of this
agreement conflict with, or expand the rights and duties of the
parties as set forth in the stipulation and Settlement Agreement
and the Final Judgment in case number CL-86-3631-AE, the parties
agree to jointly submit a Motion to amend the Final Judgment.
5. The parties recognize and agree that there are other
provisions of Appendix C, yet unfulfilled which constitute
conditions precedent to final Plat approval, site plan approval,
and TRADEWINDS development rights with respect to the property.
The conditions are as follows:
Page 4 of 7
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A. TRADEWINDS shall, prior to and in conjunction with
site plan approval for the residential site, establish the
existence of the criteria set forth in Appendix C, Article IX,
section SF for entitlement to the fifty (50%) percent credit for
private open space.
B. The Commission must find that the standards which
entitled TRADEWINDS to credit for private open space pursuant to
Appendix C, Article IX, Section 8 have been met.
C. In the event that TRADEWINDS fails to establ ish
the existence of the criteria set forth in Appendix C, Article
IX, section 8F or if the city commission fails to find that such
criteria have been established and that it is in the public
interest to provide TRADEWINDS with the fifty (50%) percent
credit, based upon the grounds set forth in the Code, then, in
that event, that portion of the Surety Bond which equates to the
value of four and one-half (4.5) acres of property shall be
subject to forfeiture to the CITY.
D. TRADEWINDS shall furnish to the CITY a Surety or
Performance Bond in an amount equal to one hundred ten (110%)
percent of the total costs of (1) surveying, and (2)
construction for the installation and completion of all required
improvements including sidewalks as set forth in Appendix C,
Article 8, section 7 of the Code of Ordinances.
The Bond shall include, but shall not be limited to,
the fair market value of the one acre as set forth in paragraph 2
Page 5 of 7
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of this Agreement, and the cost of all other required
improvements pursuant to Appendix C of the Code.
The Bond shall not initially include the estimated
value of the five basic elements of parks and recreation
improvements within the parameters of the Plat. The value of
such improvements shall be established in conjunction with, and
as a condition of site plan approval. At such time as the actual
park and recreation improvements are determined a final value for
the improvements shall be made and the Bond shall be adjusted
accordingly.
The Bond or Bonds required by
Appendix C of the Code shall not be
extinguished without the prior written
following City commission action.
E. A determination by the staff of the CITY
administration that the 3.5 acres described on Exhibit II A" to
this Agreement are suitable for future park development by the
CITY without the necessity of expenditures for site development.
F. A determination by the city Commission when
development of the park or recreational facilities described
herein shall be commenced.
6. The parties agree that nothing contained herein shall
constitute a waiver by the CITY in favor of TRADEWINDS of any of
the procedural requirements for preliminary or final Plat
approval, nor shall this Agreement constitute or create any
this Agreement or by
released, reduced, or
consent of the CITY
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Page 6 of 7
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additional conditions on TRADEWINDS to obtain preliminary or
final Plat approval.
7. The final Plat shall contain a notation which makes
reference to this Agreement and this Agreement shall be recorded
in the Public Records of Palm Beach County.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the date indicated below.
DATED:
DATED: tJ:'h:TZJA&e /:7 /99C?
,
CORP.
THE TON BEACH
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GENE MOORE, MAYOR
By:
President
(corporate seal)
ATTES~:1f"'<"",q}( ~M_
ITY CLERK
(City Seal)
By:
a:2
BOYNTON
10/17/90
....,,___ ..., -I: ...,
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-256
FROM:
Carrie Parker
City Manager ,- < ~
Tambri J. Heyden ~ "
Planning and Zoning Director~
TO:
DATE:
August 11, 1994
SUBJECT:
Woolbright Place PUD - MPMD ~94-003
(Revised pods, access, setbacks and buffers) - staff
comments
please be advised of the following Planning and Zoning Department
ccrrment~ with respect to the above-referenced request:
1. Label the type of use proposed for pod 1 (multi-family).
2. Detach the sign program from the revised master plan and
resubmit with the revised site plan drawings for the Vinings
at Boynton Beach. The type of sign proposed (a residential
sign within a public right-of-way) requires approval by the
Planning and Development Board and City Commission, as well
as a license agreement.
3. Since the residential uses will be under separate ownership
and control as a result of the proposed subdivision, private
recreation for the PUD, which at time of platting had
received 50% credit towards the parks and recreation fee,
will no longer be accessible to the entire PUD, as required.
Therefore, please list the five amenities that will be
provided to serve each separate development within the PUD.
If private recreation cannot be provided in each separate
development, the parks and recreation impact will have to be
reevaluated, necessitating a parks and recreation fee to be
paid at time of replatting (if necessary) of the 14 acre and
.94 acre parcels.
4. It is recommended that a 25 foot wide landscaped buffer be
provided within the boundaries of the 33.87 acre, multi-
family parcel. An alternative to this would be a 20 foot
wide landscaped buffer within the boundaries of the 33.87
acr~~~~fcel, along with the ci~~struction of a six fo~i high
wall or six foot high solid fence.
5. It is recommended that the City Commission enforce the terms
of the park and recreation agreement between the City and
Tradewinds Development Corporation prior to permits being
issued for residential development within the PUD.
6. A revised master plan which reflects all staff comments and
conditions approved by the City Commission and Planning and
Development Board shall be submitted in triplicate to the
Planning and Zoning Department, prior to permits being
issued for any of the residential developments within chs
rUD.
tjh
xc: central File
A:WPLComMP
EXHIBIT "E-
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Auqust 31, 1994
Mr. James Cherof
Cit:y Attorney
City o~ Boynton Saac-..!l
P.o. Box 310
~oyntgn Beach, EL 3~42'
Re: $60,000 Park Fee/Woolbriqht Place PUD
Dear Mr. Cnero:f:
This will confirm your conversat1.on of today with Michall.l
Morton reqard1ng the above subject matter. The l!greed $60,000 park
t.. 'in ennnaction with the PUD ~'ill he paid by the davQlopar to the
City at Boynton Beach at the earlier of the fOllo~inq two dat..:
1. Issuance of buildinq pannits by the City of Boynton Beach
to TCR SFA Apartments, !r.c. in connection with the building
proposed by plans before the City; or
2. January 10, 19~5.
Very truly yours,
HRS/kds
Howa~a R. Seharlin
ceo C~rrie Parxer, City M~naqer
Charles Frederick, Direot:o:
Parks and R.cr~Ation
Chris Wheeler, Precigent
Tr~ell Crow Residential
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PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-256
FROM:
Carrie Parker
City Manager '-. ~
Tambri J. HeYden~ "
planning and Zoning Director9
DATE:
August 1.1, 1994
SUBJECT:
Woolbrignt Place PUD - MPMD #94-003
(Revised pods, access, setbacks and buffers) - staff
comments
Please be advised of the following Planning and Zoning Department
cc~ments with respect to the above-referenced request:
1. Label the type of use proposed for pod 1 (multi-family).
2. Detach the sign program from the revised master plan and
resubmit with the revised site plan drawings for the Vin1ngs
at Boynton Beach. The type of sign proposed (a residential
sign Within a public right-of-way) requires approval by the
Planning and Development Board and City Commission, as well
as a license agreement.
3. Since the residential uses will be under separate ownership
and control as a result of the proposed subdivision, private
recreation fer the PUD, which at time of plattin<;r had
received 50% credit towards the parks and recreation fee,
will no longEr be accessible to the entire PUD, as required.
Therefore, p:ease list the five amenities that will be
provided to ~erve each separate development within the PUD.
If private r(creation cannot be provided in eac)l separate
development, the parks and recreation impact will have to be
reevaluated, necessitating a parks and recreation fee to be
paid at time of replatting (if necessary) of the 14 acre and
.94 acre parcels.
4. It is recommended that a 25 foot wide landscaped buffer be
provided within the boundaries of the 33.87 acre, multi-
family parcel. An alternative to this would be a 20 foot
wide landscaped buffer within the boundaries of the 33.87
acr~~~fcel, along with the cio~sfruction of a six fob~ h1gh
wall or six foot high solid fence.
5. It is recommended that the city Commission enforce the terms
of the park and recreation agreement between the city and
Tradewinds Development Corporation prior to permits being
issued for residential development within the PUD.
6. A revised ma,jter plan which reflects all staff comments and
conditions a)proved by the city Commission and Planning and
Development 30ard shall be submitted in triplicate to the
Planning and Zoning Department, prior to permits being
issued for alY of the residential developments within ,hs
1"UD.
tjh
xc: Central File
A:WPLComHP
2b
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-255
Agenda Memorandum for
August 16, 1994 city Commission Meeting
FRCM:
Carrie Parker
City Manager ~ _ ~
Tarabri J. HeYdend~9'~
Planning and Zon1ng Department
TO:
DA'IE:
August 11, 1994
SUBJECT:
Woclbright Place PUD - MPMD ~94-003
Revised pods, access, setbacks 3nd buffers
NATURE OF REQUEST
Richard Wohlfarth, agEnt for Howard Scharlin, trustee/property
owner of the woolbright Place PUD, locacej on S.W. 8th street,
approximately 900 feet nOl-th of Woolbrlght Road (see Exhibit "A"
- location map), is requesting approval to modify the pre~iously
approved master plan for the Woolbright Place PUD (see Exhibit
liB" - letter of request and Exhibit "C" - approved and proposed
master plans). The modifications are as follows:
1. Redistribution of the 320 multi-family un~ts approved
within pod 1 (21.25 acres in size) and the 320 multi-
family unlts approved within pod 2 (23.296 acres in
SlZ~) as a 33.67 acre p~rcel at the northeast corner of
S.W. 8th street and Morton's Way (unimproved industrial
acceES road) for 550 multi-fam11y urits and a 14 acre
parcel, immedlately northwesc of the 33.87 acre parcel,
for 90 multi-famlly units;
2. A ptasing plan of the new 33.87 acre parcel which
breaks the parcel into pod 2A, to be site planned and
constructed first (currently 1n process) and into pod
2B (later construction);
3. Shifting of the two access points to the two multi-
family pods (500 feet north of Morton's Way and 1320
feet north of Morton's Way) to create one access point,
608 feet north of Morton's Way, to the 33.87 acre
parcel and one access point, 1328 feet north of
Morton's Way, to the 14 acre parcel;
4. creation of a 20 foot wide landscaped buffer between
the 33.87 acre parcel and the 14 acre parcel - the
width of the buffer to be split between the two
parcels; and
5. Establishment of a building setback (40 feet) for the
multi-family units within the 33.87 acre parcel from
the multi-family units (to be changed to single-family
at a later ;~'tf~' ',,,ithin the 14 acre parcel.
BACKGROUND
The Woolbright place PUD master plan was approved by the Planning
and Zoning Board on May 8, 1990 and ratified by the City
Commission on May 15, 1990 as being consistent with the January
24, 1990 stipulation and settlement agreement between the city
and the property owner. The PUD was then boundary platted
(approved by Commission on November 20, 1990) and infrastructure
and landscape buffering has been partially completed. On
F8bruary 19, 1991, the Commission approv~d a site plan for 640
rental apartments (Woolbright place Apartments) which has
expired.
TO: Carrie Parker
-2-
August 11, 1994
Appendix B, Planned Unit Development, of the City code of
ordinances states that changes in planned unit developments shall
be processed as follows:
Section 12. changes in plans.
"Changes in plans approved as a part of the zoning to PUD
may be permitted by the planning and zoning board upon
appllcation flIed by the developer or his successors in
interest, prior to the expiL-ation of the PUD classification,
but only [after] a finding that any such change or changes
are in accord with all regulations in effect when the change
or changes are requested and the intent and purpose of the
:omprehensive plan in effect at the time of the proposed
change. Substantial changes shall be proposed as for a new
application of PUD zoning. The determlnation of what
constltutes a substantial change shall be within the sole
discretion of the city commission. Nonsubstantial changes
as determined by the city conmission in plans shall not
extend the expiration of the eighteen month approval for the
PUD classiflcation."
Also, pursuant to Resolution #92-99, which sets forth an
expedited review of development applications submitted to the
City by the property owner, the special schedule established by
staff and the applicant for processing this request is as
follows:
August 1, 1994 - application/plans received
August 2, 1994 - plans distributed to the Technical Review
committee (TRC)
August 9, 1994 - TRC meeting held and written comments due
to Planning and Zoning Department at end of day for
preparation of staff report to Commission
August 16, 1994 - City Commission meeting
September 13, 1994 - Planning and Development Board meeting
(no special, earlier planning and Development
Board meeting was desired by the applicant)
P.NALYSI5,
staff has reviewed this request for consistency with the PUD
development standards, and the intent and purpose of planned unit
developments as stated in the following sections of Appendix B,
Planned Unit Developments of the code of ordinances:
Section 1. Intent and purpose.
"A Planned Unit,Development District (PUD) is established.
It is intencl.'ti. t..:h.~j .~.t, ,'$ "tistrict be utilized to promote
efficient and economical land use, improved amenities,
appropriate and harmonious variety in physical development,
creative design, improved living environment, orderly and
economical development in the city, and the protection of
adjacent and existing and future city development. The
district is suitable. for development, redevelopment, and
conservation of land, water and other resources of the city.
Regulations for planned unit developments are intended to
accomplish the purposes of zoning, subdivision regulations,
and other applicable city regulations to the same degree
that they intended to control development on a lot-by-lot
basis. In view of the substantial public advantages of
planned unit developments, it is the intent of PUD
TO: Carrie Parker
-3-
August 11, 1994
regulations to promote and encourage development in this
form where tracts suitable in size, location, and character
for the uses and structures proposed are to be planned and
developed as unified and coordinated units."
section 9. B. Internal Lots and Frontage. "Wi thin the
boundaries of the PUD, no minimum lot size or minimum yards
shall be required, provided, however, that PUD frontage on
dedicated public roads shall observe front yard requirements
in accordance with the zoning district the PUD use most
closely resembles and that peripheral yards abutting other
zoning districts shall be the same as required in the
abutting zone."
With respect to the changes requested, the redistribution of pods
and acreage does not increase the allowable density of the
project or change the type of residential units. Therefore, no
change in impacts on traffic, water and sewer will result. The
proposed phasing plan, provided the phase line is not a property
line [otherwise affecting a concurrent reqUEst for a waiver of
platting to further subdivide the PUD), is acceptable. Details
of timed construction of improvements within the 33.87 acre
parcel will be addressed during the review of the site plan for
this parcel; currently in progress. Revised access points are
also acceptable.
Relative to establishment of a 40 foot setback between the 33.87
acre parcel and the 14 acre parcel (currently designated as
multi-family with a near future master plan modification planned
to convert to single-family), as stated above there are no
minimum yard requirements within PUDs. The 40 foot setback
proposed is the same setback required in the R-3, Multiple Family
ReSIdential, zonIng district which the PUD use most closely
l-esembles.
Regarding the 20 foot wide landscaped buffer, the width to be
split between the 33.87 acre, multi-family parcel and the
14 acre, multi-family (future single-family) parcel, it is
recommended that a 25 foot wide landscaped buffer be provided
within the boundaries of the 33.87 acre parcel. other city PUDs
with multi-family and single-family units abutting each other
have been approved with a 25 foot wide buffer. In addition,
staff has encountered problems with peripheral landscape buffers
when they are incorporated as an easement on private, homeowner
lots, or even as a separate tract, dedicated to the homeowners'
association, that abuts homeowner lots. These buffers frequently
succumb to homeowner pressure to fence them in. Landscaping
within the buffers are then difficult to ensure that they are
retained as oriQ1nally required. Also, the premise behind
buffers is to require them as part of development of the use that
is creating the "negative" impact. By splitting the buffer area,
the buffer would not be unified in terms of design, construction,
timing and mainten~nce. ;'
:! ,\,.", ,',;',/ "
~.. .
RECOMMENDATION
On Tuesday, August 9, 1994, the TRC met to review the master plan
modification. The Board recommends that the City Commission make
a finding of no substantial change for the proposed modification,
and that the Planning and Development Board approve the request,
SUbject to staff comments (see Exhibit "0" - utilities Department
Memorandum No. 94-261, Engineering Department Memorandum No. 94-
242, Engineering Department Memorandum No. 94-241, Recreation and
Parks Department Memorandum No. 94-289, Recreation and Parks
Department Memorandum No. 94-293 and Planning and Zoning
Department Memorandum No. 94-256).
tjh
Attachments
EXHIBIT II A"
EXHIBIT "B"
CCl CONSULTANTS, INC.
Consulting Engineers [f!!' .
Survayors
Planners
"I"'~
2200 PARK CENTRAL BLVD., N, SUITE 100, POMPANO BEACH, FL 33064, (305) 974-2200. FAX (305) 973-2686
August), 1994
Ms. Tambri Heyden, City Planner
CITY OF BOYNTON BEACH
) 00 East Boynton Beach Blvd.
Boynton Beach, Florida 33435
RE: 'Voolbright Place (aka: The Vinings)
CCL Engineer's Project No. 3420
Dear Ms. Heyden:
Please find enclosed twelve (12) copies of the revised Master Plan for the PUD for \Voolbright
Place. We have also enclosed a check for $500.00 to cover the application fee requirements.
Would you please process this application in accordance with our meeting of Wednesday
morning, July 27, 1994. It is our understanding that this item will be scheduled on the Agenda
for the TRe on August 9, 1994 and then on to City Council to detemline if it is a minor or major
revision on August 16, 1994, so that it can be heard by the Planning Board on September 13 and
back to City Council for adoption with the approval of the application for Site Plan on September
20, 1994.
The major modifications from the existing Master Plan to this revised plan deal primarily with
the following:
Divisions of the Phase lines for the multi-family;
The inclusion of a 20-foot buffer between the Pod) and Pod 2B site, JO' on either side.
I believe that you will find that the rest of the r-,.1aster Plan is in keeping with the past approvals,
and hopefully we will receive your approval on this as we go through the process. Again, I
\\'ould like to thank you and your staff for your assistance on this matter to date.
Very truly yours,
CCL CONSULTANTS, INC.
(ltl!>> l;t
Richard C. Wohlfarth, P.E.
President
enclosures
J
cc: Bettina Scherer, TRC
Michael Haag, City of Boynton Beach
Danny Powell, Landscape Architect
, .
EXHIBIT "e"
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WOOLBRIGHT PLACE P.U.D.
I":,,
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BOYNTON BEACH. FLORIDA
M4..Sl[R PI. 4N
TRADE WINDS DESIGN AP~D ,. rruJCTION COHl'C)!;I, liON
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EXHIBIT IIDII
MEMORANDUM
UTILITIES DEPT. NO. 94 - 261
TO:
irector
Tambri J. Heyden, Planning a d
FROM: John A. Guidry, Utilities Director
DATE: August 9, 1994
SUBJECT: Woolbright Place PUD Master Plan Modification
We offer the following comments on this project:
1. Show existing utility easement located parallel to the north boundary of the PUD,
which will eventually contain a sewage farce main to replace one that currently
exists inside the project. The construction of the new force main will be addressed
at the site plan stage.
2. Construction of the PUD is predicated upon the abandonment of an existing,
recorded easement which runs through the project. We anticipate this easement
will be abandoned once the required off-site force main is completed and placed
into full operation.
3. We reserve the right to comment on landscaping that may fall within utilities
easements. (Sect. 7.5-18.1 City Code)
We have no objection to this project moving forward for City Commission review and
action, subject to the above conditions. If you should have any further questions on this
matter, please refer them to Peler Mazzella of this office.
JAG/PVM
bc: Peter Mazzella
xc: Skip Milar
File
ill
/~, rr- I ;1 "'f")'
@mow~
P.WWING MJD
1.QJ.L'oJG fi[!J1.
@
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-242
TO:
Tambri J. Heyden
Planning & Zoning Director
IW!!~m ~ukill, P.E.
~~ Englneer
FROM:
DATE:
August 10, 1994
RE:
THE VININGS P.U.D.
We have reviewed the Master Plan modification discussed at TRC
yesterday, and have no comments with respect to revised access
points off of SW 8th street and Morton's Way, the phasing shown,
subdivision of multi-family parcels on landscape buffers.
We remain concerned that present stormwater from at least a portion
of the Shoppes of Woolbright P.C.D. to the south drains onto the
proposed Vinings Development. That drainage will have to be routed
elsewhere prior to commencement of activity in the affected portion
of the Vinings.
WVH/ck
C:VININGS.TRC
xc: Mike Haag, Zoning/Site Administrator
Vincent Finizio, Dep. City Engineer
s/ (~i"f4
I~( c (:-
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-241
TO:
william Hukill, P.E.
City Engineer
FROM:
vincent A. Finizio
Deputy City Engineer
RE:
August 10, 1994
WOOLBRIGHT PLACE, P.U.D.
AMENDED MASTER PLAN SUBMISSION
DATE:
Please
master
SW 8th
buffer
be advised that I have no objection to the above referenced
plan submission relative to the revised access points off of
Street, the proposed phasing plan and the proposed landscape
between phased parcels.
It is my understanding that you will address the stormwater
drainage design for this P. U. D. as well as necessary action to
ensure that the Home Depot site (P.e.D.) stormwater management
system complies with approved record drawings and City codes.
I respectfully request that you provide a copy of this memo to the
City'S Planning & zoning Director along with your Technical Review
Committee comments regarding the above referenced project.
\ . .~,
l~ - :-t 6 .-=~~
vincent A. Finizio ~
VAF/ck
C:WOOLBRIT.TRC
I( <!. I'LA-/1/'1/1'<..I G -;l Zc.-'.v,"',LJ C-?
RECREATION & PARK MEMORANDUM '94-289
TO: Tambri Heyden, Planning & Zoning Director
FROM:
Kevin J. Hallahan, Forester/Environmentalist
K~H
RE:
Woolbright Place P.U.D. - Master Plan Modification
DATE:
August 8, 1994
There are existing trees on the site which must be addressed in
conjunction with the City's Tree Preservation Ordinance. [Chapter
7.5, 4b., pg 595]. This ordinance pertains to all underdeveloped
property in the City. The project should continue in the normal
review process.
KH:ad
ill,\t~ ~ RDn~1 ~ m
PtAN~ING AND
ZONING OEPI
RECREATION & PARK MEMORANDUM 194-293
FROM:
Tambri Heyden, Planning & Zoning Director
John Wildner, Parks Superintendent ~~
Charles C. Frederick, Director(4
Recreation & Park Department ( 'i~~-
TO:
THROUGH:
RE:
Woolbright Place P.U.D. (MasterPlan Modification)
DATE:
August 9, 1994
The Recreation & Park Department has reviewed the MasterPlan
modification for Woolbright Place P.U.D. The following co~nents
are submitted:
1. In 1990, the city and Tradewinds Development corporation
entered into an agreement regarding the park and recreation
areas required for the development of Woolbright Place P.U.D.
As a part of agreement, Tradewinds agreed to provide certain
improvements to a proposed park near the P.U.D. if that park
was developed within a three year period.
2. Value for these improvements was set at $75,000. In the event
that the City failed to generate park plans within three
years, Tradewinds agreed to pay the City $60,000 cash in lieu
of the land dedication required.
3. At the time of site plan approval for the residential
development, Tradewinds must establish evidence of enti tlement
for 50% credit for private open space.
4. In the event that Tradewinds failed to meet these criteria,
then Tradewinds agreed to forfeit that portion of a surety
bond equal to 4.5 acres of property.
5.
Resolution of this matter is required prior to
department's approval of the MasterPlan modifications.
of the agreement is attached.
this
A copy
JW:ad
CC: Carrie Parker, City Manager
Jim Cherof, City Attorney
File
RECREATION' PARK MEMORANDUM 193-352
FROM:
J. Scott Miller, City Manager
Charles C. Frederick, Director 0 c=>~
Recreation & Park Department
TO:
RE:
Woolbright Place PUD:
Agreement
Tradewinds Park & Recreation
DATE:
August 27, 1993
On October 17, 1990, the city entered into an agreement with
Tradewinds Development Corporation establishing Park & Recreation
dedication requirements. The agreement is attached. As a part of
the agreement, Tradewinds dedicated 3.5 acres for park development.
Their dedication requirement was 4.5 acres. The remaining acre was
to be provided through park construction improvements on the 3.5
acres valued at $75,000 (the determined value of one acre of land).
The agreement indicates that if the City fails to generate a park
development plan within three years from the date of the agreement,
Tradewinds shall pay the City $60,000 in full satisfaction of any
cash payment required in lieu of land dedication.
As we have not generated a park plan and have no plans to do so by
October 17, 1993 due to the financial situation of the City, it
would be appropriate to enact the collection of the $60,000 from
Tradewinds and place the funds in the Recreation and Park Trust
Fund. These funds can be utilized to develop the 3.5 acres as a
neighborhood park when the City deems it appropriate.
l would recommend the City Attorney review this agreement for
concurrence with my interpretation and the necessary action to
finalize the action be scheduled.
Attachment
CCF:ad
CC: Jim Cherof, City Attorney
John Wildner, Parks Superintendent
JF i Ie
I
L
I / 1"- ,I' I' / - ,.. .....,' r-'
/
/,
1
AGREEMENT
THIS AGREEMENT made this
17th day of
October
, 1990,
by and between THE CITY OF BOYNTON BEACH, FLORIDA (hereinafter
referred to as "CITY") and Tradewinds Development corporation
(hereinafter referred to as "TRADEWINDS").
WHEREAS, TRADEWINDS has heretofore
submitted to the CITY
for approval, a preliminary Plat of the Woolbright Place PUD
(hereinafter "Plat") pursuant to Appendix C, Article VIII,
Section 5, and
WHEREAS, TRADEWINDS and the CITY have processed the
preliminary Plat before the Technical Review Board, Planning &
Zoning Board and City commission in accordance with the
requirements of Appendix C, and
WHEREAS, the Planning & Zoning Board of the CITY at its
September 17, 1990, Special Meeting conditionally approved the
preliminary Plat and made its recommendations to the city
Commission, and
WHEREAS, the City commission conditionally approved the
preliminary Plat subject to an Agreement in writing being reached
between TRADEWINDS and the CITY regarding the park and recreation
areas required for the development of the property which is the
subject of the Plat, and
Page 1 of 7
t
L
WHEREAS, Appendix C, Article IX, Section a requires the
dedication of park or recreational facilities as a condition of
preliminary Plat approval, and
WHEREAS, Appendix C, Article IX, section aG requires an
Agreement, in writing, by TRADEWINDS with respect to the
dedication of lands, the payment of fees in lieu thereof, or
both, at the option of the CITY, and
WHEREAS, it is the objective of the CITY and TRADEWINDS to
create a legally binding Agreement which not only sets forth the
rights and duties of TRADEWINDS and THE CITY with respect to the
park and recreational areas, but which also constitutes the
writing required of TRADEWINDS pursuant to Appendix C, Article
IX, section aG.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS
AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH
IS HEREBY ACKNOWLEDGED BY THE PARTIES HERETO, IT IS HEREBY AGREED
AS FOLLOWS:
1. The CITY agrees to accept a combination of land,
located outside the bound3ries of the Plat, and fees in the form
of actually constructed improvements to a proposed CITY Park in
satisfaction of TRADEWINDS obligation to provide land for park or
recreational purposes within the boundaries of the Plat.
2. The CITY and TRADEWINDS agree that the fair market
value of one acre of land within the boundaries of the Plat is
$75,000.00.
Page 2 of 7
,
3. TRADEWINDS shall convey to the CITY by Special Warranty
Deed and such other collateral instruments as are determined by
the city Attorney to be necessary, 3.5 acres of land, the legal
description of which is set forth on Exhibit "A" and attached
hereto. Said conveyance shall be free and clear of all liens and
encumbrances and shall constitute partial satisfaction of the
woolbright Place PUD Parkland dedication requirements pursuant to
Appendix C of the Code of Ordinances.
4. In addition to the foregoing, TRADEWINDS shall, solely
at the option of the CITY:
A. Pay to the CITY the fair market value of one acre
of land which would otherwise be required to be dedicated
pursuant to the formula prescribed in Appendix C, Article IX,
Section 884, or
8. Provide Actual Constructed Improvements
(hereinafter II Improvements) to the proposed park to be located on
the three and one-half (3.5) acres heretofore described. The
Improvements shall be in accordance with a design plan generated
by the CITY. In conjunction with the development of a design
plan for improvement of the proposed park site, the CITY shall
prepare a detailed estimate of projected costs for each element
of the improvement. The CITY shall designate those elements of
the design plan which TRADEWINDS shall be responsible for
construction, provided that the total elements designated for
improvement by TRADEWINDS shall not exceed the agreed upon fair
l
0::>(""10 1 ni> .,
I
l
market value as set forth in paragraph 2 of this Agreement. All
construc~ion improvements which become the responsibility of
TRADEWINDS shall be completed in accordance with the construction
schedule prepared by the CITY. In the event the CITY fails to
generate park development plans wi thin three (3) years of the
date of this Agreement TRADEWINDS shall pay to the CITY Sixty
Thousand Dollars ($60,000.00) in full satisfaction of any cash
payment to the CITY required in lieu of land dedication.
C. The parties specifically agree that Tradewinds
shall have the right to construct an additional 16 units within
the Woolbright PUD, thereby bringing the total buildable units
within the PUD to 656. TRADEWINDS agrees to limit to a total of
16, the units to be constructed specifically in the northeasterly
portion of the property. The area is generally described as liThe
Ta il". A lega 1 description of that portion of the property is
attached as Exhibit X. To the extent that this provision of this
agreement conflict with, or expand the rights and duties of the
parties as set forth in the stipulation and Settlement Agreement
and the Final Judgment in case number CL-86-3631-AE, the parties
agree to jointly submit a Motion to amend the Final Judgment.
5. The parties recognize and agree that there are other
provisions of Appendix C, yet unfulfilled which constitute
conditions precedent to final Plat approval, site plan approval,
and TRADEWINDS development rights with respect to the property.
The conditions are as follows:
L
Page 4 of 7
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A. TRADEWINDS shall, prior to and in conjunction with
site plan approval for the residential site, establish the
existence of the criteria set forth in Appendix C, Article IX,
section SF for entitlement to the fifty (50%) percent credit for
private open space.
B. The Commission must find that the standards which
entitled TRADEWINDS to credit for private open space pursuant to
Appendix C, Article IX, section 8 have been met.
C. In the event that TRADEWINDS fails to establish
the existence of the criteria set forth in Appendix C, Article
IX, section 8F or if the city Commission fails to find that such
cr iter ia have been establ ished and that it is in the publ ic
interest to provide TRADEWINDS with the fifty (50%) percent
credit, based upon the grounds set forth in the Code, then, in
that event, that portion of the Surety Bond which equates to the
value of four and one-hal f (4.5) acres of property shall be
subject to forfeiture to the CITY.
D. TRADEWINDS shall furnish to the CITY a Surety or
Performance Bond in an amount equal to one hundred ten (110%)
percent of the total costs of (1) surveying, and (2)
construction for the installation and completion of all required
improvements including sidewalks as set forth in Appendix C,
Article 8, Section 7 of the Code of Ordinances.
The Bond shall include, but shall not be limited to,
the fair market value of the one acre as set forth in paragraph 2
L
Page 5 of 7
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of this Agreement,
and the cost of all
required
other
improvements pursuant to Appendix C of the Code.
The Bond shall not initially include the estimated
value of the five basic elements of parks and recreation
improvements within the parameters of the Plat.
The value of
such improvements shall be established in conjunction with, and
as a condition of site plan approval. At such time as the actual
park and recreation improvements are determined a final value for
the improvements shall be made and the Bond shall be adjusted
accordingly.
The Bond or Bonds required by this Agreement or by
Appendix C of the Code shall not be released, reduced, or
extinguished without the prior written consent of the CITY
following City Commission action.
E.
A determination by the
staff of the CITY
administration that the 3.5 acres described on Exhibit II A" to
this Agreement are suitable for future park development by the
CITY without the necessity of expenditures for site development.
F. A determination by the city commission when
development of the park or recreational facilities described
herein shall be commenced.
6. The parties agree that nothing contained herein shall
constitute a waiver by the CITY in favor of TRADEWINDS of any of
the procedural requirements for preliminary or final Plat
approval, nor shall this Agreement constitute or create any
Page 6 of 7
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L
additional conditions on TRADEWINDS to obtain preliminary or
final Plat approval.
7. The final Plat shall contain a notation which makes
reference to this Agreement and this Agreement shall be recorded
in the Public Records of Palm Beach County.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the date indicated below.
fa
DATED:
CORP.
By:
President
(corporate seal)
a:2
BOYNTON
10/17/90
"""""___ ... -I: _
DATED: t:th:TZ/Aa /:7 /99C)
,
THE
TON BEACH
/' -'
~'Z. / L.-
'/
GENE MOORE, MAYOR
ATTES~p,z.,v"",qJi ~./)/_
ITY CLERK
(City Seal)
By:
TO:
FROM:
DATE:
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-256
Carrie Parker
City Manager ,- < ~
Tambri J. HeYden~ o.
planning aDd Zoning Director~
August 11, 1994
Woolbright Place PUD - MPMD ~94-003
(Revised pods, access, setbacks and buffers) - staff
comments
SUBJECT:
Please be advised of the following PlannIng and Zoning Department
cc~ments with respect to the above-referenced request:
1.
3.
Label the type of use proposed for pod 1 (multi-family).
Detach the sign program from the revised master plan and
resubmit with the revised site plan drawings for the vinings
at Boynton Beach. The tYP8 of sign Pl-oposed (a residential
SIgn WIthin a public right-of-way) requires approval by the
Planning and D8velopment Board and City Commission, as well
as a license agreement.
Since the residential uses will be under separate ownership
and control as a result of the proposed subdivision, private
recreatIon for the PUD, which at time of platting had
received 50% credit towards the parks and recreation fee,
will no longer be accessible to the entire PUD, as required.
Therefore, please list the five amenities that will be
provided to serve each separate development within the PUD.
If private recreation cannot be provided in each separate
development, the parks and recreation impact will have to be
reevaluated, necessitating a parks and recreation fee to be
paid at time of replatting (if necessary) of the 14 acre and
.94 acre parcels.
4.
It is recommended that a 25 foot wide landscaped buffer be
provided within the boundaries of the 33.87 acre, multi-
family parcel. An alternative to this would be a 20 foot
wide landscaped buffer within ~he boundaries of the 33.87
acre ~~fcel, along with the construction of a six foot high
wall or six foot high solid fence.
5 .
It is recommended that the city Commission enforce the terms
of the park and recreation agreement between the City and
Tradewinds Development Corporation prior to permits being
issued for residential development within the PUD.
6.
A revised master plan which reflects all staff comments and
conditions approved by the City Commission and Planning and
Development Board shall be submitted in triplicate to the
Planning and Zoning Department, prior to permits being
issued for any of the residential developments within ~h2
r'UD.
tjh
xc: Central File
A:WPLComHP
TO:
FROM:
DATE:
RE:
FIRE PREVENTION MEMORANDUM NO. 94-260 WDC
Planning Department
Fire Department
August la, 1994
Master Plan Modification
Woolbright Place PUD
SW 8th street
We have no objections to the plan as presented.
Wil iam D. cavanaugh, PO
Boynton Beach Fire Dept.
~"l994
~
,T"
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'!,~ i JJ'j CL:1:J
MEMORANDUM
UTILITIES DEPT. NO. 94 - 261
FROM:
TamOl'I J. Heyden, Planning ~rlngJIreCt01
John A. Guidry. Utilities Director \ ~
Auglltd 9, 1994
TO:
DATE:
SUBJECT:
WoolbrIght Place PUD Master Plan Modification
We offer the following comments on this project
1 . Show existing utility easement located parallel to the north boundary of the PUD,
which Will eventually contain a sewage fOrce maIn to replace one that currently
exists inside the project. The construction of the new force main will be addressed
at the site plan stage,
2. Construction of the PUD is predicated upon the abandonment of an existing,
recorded easement Which runs tnrougn tne proJect. We anticipate this easement
will be abandoned once the required off-site force main is completed and placed
into full operation,
3. We reserve the right to comment on landscaping that may fall within utJlities
easements. (Sect. 7.5-18.1 City Code)
We have no objection to thi~ project moving forward for City Commission review and
action, subject to the above conditions. If you should have any further questions on this
matter, please refer them to Peter Mazzella of this office.
JAG/PVM
be: Peter Mazzella
xc; Skip Milor
File
from
Ollie
Co,
- 6 D"tv
F8lC ~
Phone #
Phone ji
m ~_9.m 001
RECREATION & PARK MEMORANDUM 194-293
FROM:
Tambri Heyden, Planning & Zoning Director
John Wildner, Parks Superintendent ~~
Charles C. Frederick, DirectorC4~
Recreation & Park Department \~,
Woolbright Place P.U.D. (MasterPlan Modification)
August 9, 1994
TO:
THROUGH:
RE:
DATE:
The Recreation & Park Department h:as reviewed the MasterPlan
modification for Woolbright Place P.U.D. The following comments
are submitted:
1. In 1990, the City and Tradewinds Development corporation
entered into an agreement regarding the park and recreation
areas required for the development of Woolbright Place P.U.D.
As a part of agreement, Tradewinds agreed to provide certain
improvements to a proposed park near the P.U.D. if that park
was developed within a three year period.
2. Value for these improvements was set at $75,000. In the event
that the City failed to generate park plans within three
years, Tradewinds agreed to pay the City $60,000 cash in lieu
of the land dedication required. .
'3. At the time of site plan approval for the residential
development, Tradewinds must establish evidence of entitlement
for 50% credit for private open space.
4. In the event that Tradewinds failed to meet these criteria,
then Tradewinds agreed to forfeit that portion of a surety
bond equal to 4.5 acres of property.
5. Resolution of this matter is required prior to this
department's approval of the MasterPlan modifications. A copy
of the agreement is attached.
CC: Carrie Parker, City Manager
Jim Cherof, City Attorney
F,ile
9 \OOft
JW: ad
~NN\NG ",NO
10N\NG Of-PI
RECREATION , PARK MEMORANDUM '93-352
FROM:
J. Scott Miller, City Manager
Charles C. Frederick, Director 0(>~
Recreation , Park Department
TO:
RE:
Woolbright Plac. PUD:
Agreement
Tradewinds Park , Recreation
DATE:
August 27, 1993
On October 17, 1990, the City entered into an agreement with
Tradewinds Development Corporation establishing Park , Recreation
dedication requirements. The agreement is attached. As a part of
the agreement, Tradewindsdedicated 3.5 acres for park development.
Their dedication requirement was 4.5 acres. The remaining acre was
to be provided through park construction improvements on the 3.5
acres valued at $75,000 (the determined value of one acre of land).
The agreement indicates that if the City fails to generate a park
development plan within three years from the date of the agreement,
Tradewinds shall pay the City $60,000 in full satisfaction of any
cash payment required in lieu of land dedication.
As we have not generated a park plan and have no plans to do so by
October 17, 1993 due to the financial situation of the City, it
would be appropriate to enact the collection of the $60,000 from
Tradewinds and place the funds in the Recreation and Park Trust
Fund. These funds can be utilized to develop the 3.5 acres as a
neighborhood park whe~ the City deems it appropriate.
I would recommend the City Attorney review this agreement for
concurrence with my interpretation and the necessary action to
finalize the action be scheduled.
Attachment
CCF:ad
CC: Aim Cherof, City Attorney
ohn ~ildner, Parks Superintendent
File
l
L
j ! 1/ ,I' I' /-;' ..... r--
/"
/
AGREEMENT
THIS AGREEMENT made this
17th day of
October
, 1990,
by and between THE CITY OF BOYNTON BEACH, FLORIDA (hereinafter
referred to as "CITY") and Tradewinds Development Corporation
(hereinafter referred to as "TRADEWINDS").
WHEREAS, TRADEWINDS has heretofore
submi tted to the CITY
for approval, a prel iminary Plat of the Woolbright Place PUD
(hereinafter "Plat") pursuant to Appendix C, Article VIII,
section 5, and
WHEREAS, TRADEWINDS and the CITY have processed the
preliminary Plat before the Technical Review Board, Planning &
Zoning Board and City Commission in accordance with the
requirements of Appendix C, and
WHEREAS, the Planning & Zoning Board of the CITY at its
September 17, 1990, Special Meeting conditionally approved the
preliminary Plat and made its recommendations to the City
Commission, and
WHEREAS, the City Commission conditionally approved the
preliminary Plat subject to an Agreement in writing being reached
between TRAOEWINDS and the CITY regarding the park and recreation
areas required for the development of the property which is the
subject of the Plat, and
Page 1 of 7
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WHEREAS, Appendix C, Article IX, section a requires the
dedication of park or recreational facilities as a condition of
preliminary Plat approval, and
WHEREAS, Appendix C, Article IX, Section 8G requires an
Agreement,
in
writing,
TRADEWINDS
with
respect to
1 ieu thereof,
the
by
dedication of lands, the payment of fees in
both, at the option of the CITY, and
WHEREAS, it is the objective of the CITY and TRADEWINDS to
create a legally binding Agreement which not only sets forth the
rights and duties of TRADEWINDS and THE CITY with respect to the
park and recreational areas, but which also constitutes the
writing required of TRADEWINDS pursuant to Appendix C, Article
IX, section aG.
or
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS
AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH
IS HEREBY ACKNOWLEDGED BY THE PARTIES HERETO, IT IS HEREBY AGREED
AS FOLLOWS:
1. The CITY agrees to accept a combination of land,
located outside the boundaries of the Plat, and fees in the form
of actually constructed improvements to a proposed.CITY Park in
satisfaction of TRADEWINDS obligation to provide land for park or
recreational purposes within the boundaries of the Plat.
2. The CITY and TRADEWINDS agree that the fair market
value of one acre of land within the boundaries of the Plat is
$75,000.00.
Page 2 of 7
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3. TRADEWINDS shall convey to the CITY by Special Warranty
Deed and such other collateral instruments as are determined by
the city Attorney to be necessary, 3.5 acres of land, the legal
description of which is set forth on Exhibit "A" and attached
hereto. Said conveyance shall be free and clear of all liens and
encumbrances and shall constitute partial satisfaction of the
Woolbright Place PUD Parkland dedication requirements pursuant to
Appendix C of the Code of Ordinances.
4. In addition to the foregoing, TRADEWINDS shall, solely
at the option of the CITY:
A. Pay to the CITY the fair market value of one acre
of land which would otherwise be required to be dedicated
pursuant to the formula prescribed' in Appendix C, Article IX,
section 8B4, or
B. Provide Actual Constructed Improvements
(hereinafter "Improvements) to the proposed park to be located on
the three and one-half (3.5) acres heretofore described. The
Improvements shall be in accordance with a design plan generated
by the CITY. In conjunction with the development of a design
plan for improvement of the proposed park site, the CITY shall
prepare a detailed estimate of projected costs for each element
of the improvement. The CITY shall designate those elements of
the design plan which TRADEWINDS shall be responsible for
construction, provided that the total elements designated for
improvement by TRADEWINDS shall not exceed the agreed upon fair
0"'''''0 '" n1' 7
l
L
market value as set forth in paragraph 2 of this Agreement. All
construc~ion improvements which become the responsibility of
TRADEWINDS shall be completed in accordance with the construction
schedule prepared by the CITY. In the event the CITY fails to
generate park development plans within three (3) years of the
date of this Agreement TRAOEWINDS shall pay to the CITY Sixty
Thousand Dollars ($60,000. OO) in full satisfaction of any cash
payment to the CITY required in lieu of land dedication.
,C. The parties specifically agree that Tradewinds
shall have the right to construct an additional 16 units within
the Woolbright PUD, thereby bringing the total buildable units
within the PUD to 656. TRAOEWINOS agrees to limit to a total of
16, the units to be constructed specifically in the northeasterly
portion of the property. The area is generally described as liThe
Tail". A legal description of that portion of the property is
attached as Exhibit X. To the extent that this provision of this
agreement conflict with, or expand the rights and duties of the
parties as set forth in the Stipulation a~d Settlement Agreement
and the Final Judgment in case number CL-86-363l-AE, the parties
agree to jointly submit a Motion to amend the Final Judgment.
5. The parties recognize and agree that there are other
provisions of Appendix C, yet unfulfilled which constitute
conditions precedent to final Plat approval, site plan approval,
and TRADEWINDS development rights with respect to the property.
The conditions are as follows:
Page 4 of 7
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A. TRADEWINDS shall, prior to and in conjunction with
site plan approval for the residential site, establish the
existence of the criteria set forth in Appendix C, Article IX,
Section SF for entitlement to the fifty (50%) percent credit for
private open space.
B. The Commission must find that the standards which
entitled TRADEWINDS to credit for private open space pursuant to
Appendix C, Article IX, section 8 have been met.
C. In the event that TRADEWINDS fails to establish
the existence of the criteria set forth in Appendix C, Article
IX, section 8F or if the City Commission fails to find that such
criteria have been established and that it is in the public
interest to provide TRADEWINDS with the fifty (50%) percent
credit, based upon the grounds set forth in the Code, then, in
that event, that portion of the Surety Bond which equates to the
value of four and one-half (4.5) acres of property shall be
subject to forfeiture to the CITY.
D. TRADEWINDS shall furnish to the CITY a Surety or
Performance Bond in an amount equal to one hundred ten (110%)
percent of the total costs of (1) surveying, and (2)
construction for the installation and completion of all required
improvements including sidewalks as set forth in Appendix C,
Article 8, Section 7 of the Code of Ordinances.
. The Bond shall include, but shall not be limited to,
the fair market value of the one acre as set forth in paragraph 2
Page 5 of 7
\
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of this Agreement, and the cost of all other required
improvements pursuant to Appendix C of the Code.
The Bond shall not initially include the estimated
value of the five basic elements of parks and recreation
improvements within the parameters of the Plat. The value of
such improvements shall be established in conjunction with, and
as a condition of site plan approval. At such time as the actual
park and recreation improvements are determined a final value for
the improvements shall be made and the Bond shall be adjusted
accordingly.
The Bond or Bonds required by this Agreement or by
Appendix C of the Code shall not be released, reduced, or
extinguished without the prior written consent of the CITY
following City Commission action.
E. A determination by the staff of the CITY
administration that the 3.5 acres described on Exhibit "A" to
this Agreement are suitable for future park development by the
CITY without the necessity of expenditures for site development.
F. A determination by the City commission when
development of the park or recreational facilities described
herein shall be commenced.
6. The parties agree that nothing contained herein shall
constitute a waiver by the CITY in favor of TRADEWINDS of any of
the procedural requirements for preliminary or final Plat
approval, nor shall this Agreement constitute or create any
Page 6 of 7
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additional conditions on TRADEWINDS to obtain preliminary or
final Plat approval.
7. The final Plat shall contain a notation which makes
reference to this Agreement and this Agreement shall be recorded
in the Public Records of Palm Beach County.
seals on the date indicated below.
IN WITNESS WHEREOF, the parties hereto have set their hands and
DATED:
By:
President
(corporate seal)
a:2
BOYNTON
10/17/90
""""___ _ _c _
DATED: Cth:77:/A&e /:7 /99~
,
THE
TON BEACH
A'l"rEsor.-C~-,9h' ~M ~
ITY CLERK
(City Seal)
By:
MEMORANDUM
UTILITIES DEPT. NO. 94 - 261
TO:
Tambri J. Heyden, Planning a d
irector
FROM: John A. Guidry, Utilities Director
DATE: August 9, 1994
SUBJECT: Woolbright Place PUD Master Plan Modification
We offer the following comments on this project:
1. Show existing utility easement located parallel to the north boundary of the PUD,
which will eventually contain a sewage force main to replace one that currently
exists inside the project. The construction of the new force main will be addressed
at the site plan stage.
2. Construction of the PUD is predicated upon the abandonment of an existing,
recorded easement which runs through the project. We anticipate this easement
will be abandoned once the required off-site force main is completed and placed
into full operation.
3. We reserve the right to comment on landscaping that may fall within utilities
easements. (Sect. 7.5-18.1 City Code)
We have no objection to this project moving forward for City Commission review and
action, subject to the above conditions. If you should have any further questions on this
matter, please refer them to Peter Mazzella of this office.
JAG/PVM
be: Peter Mazzella
xc: Skip Milor
File
\YJ m fn)
n 'aa, ~
00
AtJ; I
PJANNING AND
LONING ncpT.
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-242
TO:
Tambri J. Heyden
Planning & zoning Director
IWIL~m ~ukill, P.E.
~ Englneer
FROM:
DATE:
August 10, 1994
RE:
THE VININGS P.U.D.
We have reviewed the Master Plan modification discussed at TRC
yesterday, and have no comments with respect to revised access
points off of SW 8th street and Morton's Way, the phasing shown,
subdivision of multi-family parcels on landscape buffers.
We remain concerned that present stormwater from at least a portion
of the Shoppes of Woolbright P.C.D. to the south drains onto the
proposed Vinings Development. That drainage will have to be routed
elsewhere prior to commencement of activity in the affected portion
of the Vinings.
WVH/ck
C:VININGS.TRC
xc: Mike Haag, Zoning/Site Administrator
vincent Finizio, Dep. City Engineer
<if/ (olcrf
R t..f:::"
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-241
TO:
william Hukill, P.E.
City Engineer
FROM:
vincent A. Finizio
Deputy City Engineer
DATE:
August 10, 1994
RE:
WOOLBRIGHT PLACE, P.U.D.
AMENDED MASTER PLAN SUBMISSION
Please be advised that I have no objection to the above referenced
master plan submission relative to the revised access points off of
SW 8th Street, the proposed phasing plan and the proposed landscape
buffer between phased parcels.
It is my understanding that you will address the stormwater
drainage design for this P.D.D. as well as necessary action to
ensure that the Home Depot site (P.C.D.) stormwater management
system complies with approved record drawings and City codes.
I respectfully request that you provide a copy of this memo to the
City'S Planning & Zoning Director along with your Technical Review
Committee comments regarding the above referenced project.
\
~
vincent
VAF/ck
C:WOOLBRIT.TRC
(. <! ,PLA-/V/I//,A..J 0 ~;( ~~(AJ &
,
.
RECREATION & PARK MEMORANDUM 194-289
TO:
Tambri Heyden, Planning & Zoning Director
FROM:
Kevin J. Hallahan, Forester/Environmentalist
k~H
RE:
Woolbright Place P.U.D. - Master Plan Modification
DATE:
August 8, 1994
There are existing trees on the site which must be addressed in
conjunction with the City's Tree Preservation Ordinance. [Chapter
7.5, 4b., pg 595]. This ordinance pertains to all underdeveloped
property in the City. The project should continue in the normal
review process.
KH:ad
m
8~~W
AlK;
PLANNING AND
ZONING OEPT.
RECREATION & PARK MEMORANDUM *94-293
FROM:
Tambri Heyden, Planning & Zoning Director
John Wildner, Parks Superintendent ~~
Charles C. Frederick, Director~~
Recreation & Park Department '~
TO:
THROUGH:
RE:
Woolbright Place P.U.D. (MasterPlan Modification)
DATE:
August 9, 1994
The Recreation & Park Department has reviewed the MasterPlan
modification for Woolbright Place P.U.D. The following comments
are submitted:
1. In 1990, the City and Tradewinds Development Corporation
entered into an agreement regarding the park and recreation
areas required for the development of Woolbright Place P.U.D.
As a part of agreement, Tradewinds agreed to provide certain
improvements to a proposed park near the P.U.D. if that park
was developed within a three year period.
2. Value for these improvements was set at $75,000. In the event
that the City failed to generate park plans within three
years, Tradewinds agreed to pay the City $60,000 cash in lieu
of the land dedication required.
3. At the time of site plan approval for the residential
development, Tradewinds must establish evidence of entitlement
for 50% credit for private open space.
4. In the event that Tradewinds failed to meet these criteria,
then Tradewinds agreed to forfeit that portion of a surety
bond equal to 4.5 acres of property.
5.
Resolution of this matter is required prior to
department's approval of the MasterPlan modifications.
of the agreement is attached.
this
A copy
JW:ad
CC: Carrie Parker, City Manager
Jim Cherof, City Attorney
File
RECREATION , PARK MEMORANDUM 193-352
FROM:
J. Scott Miller, City Manager
Charles C. Frederick, Director (0 <?r
Recreation & Park Department
TO:
RE:
Woolbright Place PUD:
Agreement
Tradewinds Park & Recreation
DATE:
August 27, 1993
On October 17, 1990, the City entered into an agreement with
Tradewinds Development Corporation establishing Park & Recreation
dedication requirements. The agreement is attached. As a part of
the agreement, Tradewindsdedicated 3.5 acres for park development.
Their dedication requirement was 4.5 acres. The remaining acre was
to be provided through park construction improvements on the 3.5
acres valued at $75,000 (the determined value of one acre of land).
The agreement indicates that if the City fails to generate a park
development plan within three years from the date of the agreement,
Tradewinds shall pay the City $60,000 in full satisfaction of any
cash payment required in lieu of land dedication.
As we have not generated a park plan and have no plans to do so by
October 17, 1993 due to the financial situation of the city, it
would be appropriate to enact the collection of the $60,000 from
Tradewinds and place the funds in the Recreation and Park Trust
Fund. These funds can be utilized to develop the 3.5 acres as a
neighborhood park whe~ the City deems it appropriate.
I would recommend the City Attorney review this agreement for
concurrence with my interpretation and the necessary action to
finalize the action be scheduled.
Attachment
CCF:ad
CC: ~m Cherof, City Attorney
ohn Wildner, Parks Superintendent
File
l
L
/ --, Ii Ii /: /: /.I/i 1:-
/(1 //~
I
AGREEMENT
THIS AGREEMENT made this
17th day of
October
, 1990,
by and between THE CITY OF BOYNTON BEACH, FLORIDA (hereinafter
referred to as "CITY") and
Tradewinds Development corporation
(hereinafter referred to as "TRADEWINDS").
WHEREAS, TRADEWINDS has heretofore
submitted to the CITY
for approval, a preliminary Plat of the Woolbright Place PUD
(hereinafter "Plat") pursuant to Appendix C, Article VIII,
section 5, and
WHEREAS,
TRADEWINDS and the CITY have processed the
preliminary Plat before the Technical Review Board, Planning &
Zoning Board and City Commission in accordance with the
requirements of Appendix C, and
WHEREAS, the Planning & Zoning Board of the CITY at its
September 17, 1990, Special Meeting conditionally approved the
preliminary Plat and made its recommendations to the City
Commission, and
WHEREAS, the City commission conditionally approved the
preliminary Plat subject to an Agreement in writing being reached
between TRADEWINDS and the CITY regarding the park and recreation
areas required for the development of the property which is the
subject of the Plat, and
Page 1 of 7
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WHEREAS, Appendix C, Article IX, section 8 requires the
dedication of park or recreational facilities as a condition of
preliminary Plat approval, and
WHEREAS, Appendix C, Article IX, section 8G requires an
Agreement, in writing, by TRADEWINOS with respect to the
dedication of lands, the payment of fees in lieu thereof, or
both, at the option of the CITY, and
WHEREAS, it is the objective of the CITY and TRADEWINDS to
create a legally binding Agreement which not only sets forth the
rights and duties of TRADEWINDS and THE CITY with respect to the
park and recreational areas, but which also constitutes the
wri ting required of TRADEWINDS pursuant to Appendix C, Article
IX, section 8G.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS
AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH
IS HEREBY ACKNOWLEDGED BY THE PARTIES HERETO, IT IS HEREBY AGREED
AS FOLLOWS:
1. The CITY agrees to accept a combination of land,
located outside the boundaries of the Plat, and fees in the form
of actually constructed improvements to a proposed CITY Park in
satisfaction of TRADEWINDS obligation to provide land for park or
recreational purposes within the boundaries of the Plat.
2. The CITY and TRADEWINDS agree that the fair market
value of one acre of land within the boundaries of the Plat is
$75,000.00.
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3. TRADEWINDS shall convey to the CITY by Special Warranty
Deed and such other collateral instruments as are determined by
the City Attorney to be necessary, 3.5 acres of land, the legal
description of which is set forth on Exhibit "A" and attached
hereto. Said conveyance shall be free and clear of all liens and
encumbrances and shall constitute partial satisfaction of the
Woolbright Place PUD Parkland dedication requirements pursuant to
Appendix C of the Code of Ordinances.
4. In addition to the foregoing, TRADEWINDS shall, solely
at the option of the CITY:
A. Pay to the CITY the fair market value of one acre
of land which would otherwise be required to be dedicated
pursuant to the formula prescribed in Appendix C, Article IX,
Section 8B4, or
B. Provide Actual Constructed Improvements
(hereinafter "Improvements) to the proposed park to be located on
the three and one-half (3.5) acres heretofore described. The
Improvements shall be in accordance with a design plan generated
by the CITY. In conjunction with the development of a design
plan for improvement of the proposed park site, the CITY shall
prepare a detailed estimate of projected costs for each element
of the improvement. The CITY shall designate those elements of
the design plan which TRADEWINDS shall be responsible for
construction, provided that the total elements designated for
improvement by TRADEWINDS shall not exceed the agreed upon fair
p",,.,.~ "" nf 7
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market value as set forth in paragraph 2 of this Agreement. All
construc~ion improvements which become the responsibility of
TRADEWINDS shall be completed in accordance with the construction
schedule prepared by the CITY. In the event the CITY fails to
generate park development plans wi thin three (3) years of the
date of this Agreement TRADEWINDS shall pay to the CITY Sixty
Thousand Dollars ($60,000.00) in full satisfaction of any cash
payment to the CITY required in lieu of land dedication.
C. The parties specifically agree that Tradewinds
shall have the right to construct an additional 16 units within
the Woolbright PUD, thereby bringing the total buildable units
within the PUD to 656. TRADEWINDS agrees to limit to a total of
16, the units to be constructed specifically in the northeasterly
portion of the property. The area is generally described as "The
Tail tI . A legal description of that portion of the property is
attached as Exhibit X. To the extent that this provision of this
agreement conflict with, or expand the rights and duties of the
parties as set forth in the Stipulation and Settlement Agreement
and the Final Judgment in case number CL-86-3631-AE, the parties
agree to jointly submit a Motion to amend the Final Judgment.
5. The parties recognize and agree that there are other
provisions of Appendix C, yet unfulfilled which constitute
conditions precedent to final Plat approval, site plan approval,
and TRADEWINDS development rights with respect to the property.
The conditions are as follows:
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A. TRADEWINDS shall, prior to and in conjunction with
site plan approval for the residential site, establish the
existence of the criteria set forth in Appendix C, Article IX,
Section 8F for entitlement to the fifty (50%) percent credit for
private open space.
B. The Commission must find that the standards which
entitled TRADEWINDS to credit for private open space pursuant to
Appendix C, Article IX, section 8 have been met.
C. In the event that TRADEWINDS fails to establish
the existence of the criteria set forth in Appendix C, Article
IX, Section 8F or if the City Commission fails to find that such
criteria have been established and that it is in the public
interest to provide TRADEWINDS with the fifty (50%) percent
credit, based upon the grounds set forth in the Code, then, in
that event, that portion of the Surety Bond which equates to the
value of four and one-half (4.5) acres of property shall be
subject to forfeiture to the CITY.
D. TRADEWINDS shall furnish to the CITY a Surety or
Performance Bond in an amount equal to one hundred ten (110%)
percent of the total costs of (1) surveying, and (2)
construction for the installation and completion of all required
improvements including sidewalks as set forth in Appendix C,
Article 8, Section 7 of the Code of Ordinances.
The Bond shall include, but shall not be limited to,
the fair market value of the one acre as set forth in paragraph 2
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of this Agreement, and the cost of all other required
improvements pursuant to Appendix C of the Code.
The Bond shall not initially include the estimated
value of the five basic elements of parks and recreation
improvements within the parameters of the Plat. The value of
such improvements shall be established in conjunction with, and
as a condition of site plan approval. At such time as the actual
park and recreation improvements are determined a final value for
the improvements shall be made and the Bond shall be adjusted
accordingly.
The Bond or Bonds required by this Agreement or by
Appendix C of the Code shall not be released, reduced, or
extinguished without the prior written consent of the CITY
following City Commission action.
E. A determination by the staff of the CITY
administration that the 3.5 acres described on Exhibit nAn to
this Agreement are sui table for future park development by the
CITY without the necessity of expenditures for site development.
F. A determination by the City Commission when
development of the park or recreational facilities described
herein shall be commenced.
6. The parties agree that nothing contained herein shall
constitute a waiver by the CITY in favor of TRADEWINDS of any of
the procedural requirements for preliminary or final Plat
approval, nor shall this Agreement constitute or create any
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final Plat approval.
additional conditions on TRADEWINDS to obtain preliminary or
7. The final Plat shall contain a notation which makes
reference to this Agreement and this Agreement shall be recorded
in the Public Records of Palm Beach County.
seals on the date indicated below.
IN WITNESS WHEREOF, the parties hereto have set their hands and
DATED:
CORP.
By:
President
(corporate seal)
a:2
BOYNTON
10/17/90
""""--- -, -~ ...,
DATED: tJ:h:TZJA6€ /;7 /99~
,
THE TON BEACH
ATTES~p~9k:~./J" J
ITY CLERK
(City Seal)
By:
PLANNING AND ZONING DEPARTMENT MEMORANDUM
FROM:
Robert Eichorst, Public works Director
Al Newbold, Deputy BUilding Official
william cavanaugh, Fire Prevention officer
sgt. Jim Cummings, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
clyde "Skip" Milor, utilities Chief Field Insp.
Office of the City Engineer
vincent Finizio, Deputy City Engineer
.~.~
Mich I aag, Zoning & site Development Administrator
1994
TO:
DATE:
RE:
Technical Review Committee Meeting
Concurrency Review Board Meeting
Tuesday, August 9, 1994
Please be advised that the Technical Review Committee/Concurrency
Review Board will meet on Tuesday, August 9, 1994, at 9:00 A.M. in
Conference Room "c" (West Wing) to discuss the following:
I. LAND DEVELOPMENT ORDERS (other than site plans)
Written comments and plans are due three (3) working days
following the TRC meeting unless otherwise noted below.
A. MASTER PLAN MODIFICATION
PROJECT:
woolbright Place PUD
LOCATION:
S.w. 8th Street (north of Home Depot)
DESCRIPTION:
Amended master plan showing revised
access points off of S.W. 8th Street and
Horton's Way, a phasing plan,
subdivision of multi family parcels and
a landscape buffer between subdivided
parcels.
NOTE: Brinq written comments and plans
to the Auqust 9th meetinq.
B. CONCURRENCY EXEMPTION/SITE PLAN TIME EXTENSION
PROJECT:
Boynton Lakes, Plat 5, "Best Homes"
LOCATION:
southeast corner of Plaza Lane and
congress Avenue
DESCRIPTION:
Request for an additional one year time
extension for construction of required
improvements, concurrency exemption and
site plan approval which expires october
15, 1994 (see attached letter).
page 2
Technical Review Committee Meeting
8/9/94
II. REVIEW OF TECHNICAL REVIEW COMMITTEE SITE PLAN REVIEW COMMENTS
RECEIVED
A. MAJOR SITE PLAN MODIFICATION - None
B. NEW SITE PLAN
PROJECT:
Applebee's Restaurant
LOCATION:
Boynton Lakes Plaza
DESCRIPTION:
Restaurant
C. CONDITIONAL USE
PROJECT:
Miami Subs
LOCATION:
Boynton Lakes Plaza
DESCRIPTION:
Restaurant with drive thru
III. OTHER
None
cc: MEMO ONLY
Carrie Parker, City Manager
City Commission (5)
Don Jaeger, Building Official
Floyd Jordan, Fire Chief
Charles Frederick, Recreation & Parks Director
Thomas Dettman, Police Chief
John Guidry, Utilities Director
Pete Mazzella, Assistant to Utilities Director
Steve Campbell, Fire Department
Bob Gibson, Public Works
Central File
Gary Lanker, Lanker Engineering Service
Tambri Heyden, Planning & Zoning Director
Dorothy Moore, Zoning and Site Plan Reviewer
Mike Rumpf, senior Planner
Project File
Chronological File
TRC File (Original)
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