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APPLICATION CITY OF BOYNTON BEACH, FIDRIDA Proposed Land Use Amendment for Woolbright Place PUD On behalf of the property owner: First Baptist Church of Boynton Beach 301 North Seacrest Boulevard Boynton Beach, Florida 33435-4083 TCRDAD Vinings at Boynton Beach II Limited Partnership 6100 Congress Avenue Suite 2000 Boca Raton, FL 33487 Submitted by: Unruh, Smith and Associates 105 South Narcissus Avenue, Suite 503 West Palm Beach, Florida 33401 December 2,1997 APPLICATION ACCETABLE DATE: RECEIVED BY STAFF MEMBER: FEE PAID: RECEIPT NUMBER: CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING BOARD LAND USE AMENDMENT AND/OR REZONING APPLICATION This application must be filled out completely and accurately and submitted, together with the materials listed in Section II below, in two (2) copies to the Planning Department. Incomplete applications will not be processed. PLEASE PRINT LEGIBLY OR TYPE ALL INFORMATION. I. GENERAL INFOR~A7ION 1. Project Name: WOOLBRIGHT PLACE pun 2. Type of Application (check one) x a. Rezoning only b. Land Use Amendment Only c. Land Use Amendment and Rezoning 3. Date this application is accepted (to be filled out by Planning Department) : 4. Applicant's Name (person or Business entity in whose name this application is made) : FIRST BAPTIST CHURCH OF BOYNTON BEACH Address: 301 N_ Seacrest Boulevard Phone: Boynton Beach, Florida 33435-4083 (zip Code) FAX: 561-732-5152 561-732-5151 5. Agent'S Name (person, if any, representing applicant) Page 1 Agent: Ellen Smith, AICP Unruh, Smith & Associates Address: 105 South Narcissus Avenue, Suite 503 West Palm Beach, FL 33401 Phone: 561-835-8505 (Zip Code) FAX: 561-655-5525 6. Property Owner's (or Trustee's) Name: Please see attached list Address: (Zip Code) Phone: FAX: 7. Correspondence Address (if different than applicant or agent) : *This is the address to which all agendas, letters, and other materials will be mailed. 8 , What is the applicant's (Owner, Buyer, Lessee, Purchaser, etc.) Owner interest in the subject parcel: Builder, Developer, Contract 9. Street Address or Location of Subject Parcel: \ mile North of the intersection of S.W. 8th Street and Woolbright Avenue_ 10. Legal Description of Subject Parcel: Woolbright Place Plat No_ 1, less Tract F, and less 30 feet of the original 80 foot Morton's Way right-of-way transferred from Woolbright Place" PUD to Woolbright Place PCD, a total of 33,900 feet. Containing 66.16 acres, more or less. Page 2 PROPERTY OWNERS OF RECORD First Baptist Church of Boynton Beach 301 Seacrest Blvd. Boynton Beach, FI 33435-4083 561-732-5151 TCRDAD Vinings at Boyton Beach II, Limited Partnership 6100 Congress Ave. #2000 Boca Raton, FI 33487 561-997-9700 Woolbright Place Master Association Inc. 1399 SW 1" Ave. Miami PI 33130 11. Area of Subject Parcel (to the nearest hundredth (1/100) of an acre: 66.16 12. Current Zoning District: PUD 13. Proposed Zoning District: PUD 14. Current Land Use Category: MODR 15. Proposed Land Use Category: HDR 16. Intended Use of Subject Parcel: No change in use is propose Parcel will remain a Planned Unit Development (656 units) 1C 17. Developer or Builder: Morton Group, Inc. TCRDAD Vininqs at Boynton Beach, Ir. 18. Architect: CCL Consultants, Inc. CCL Consultants, Inc. 19. Landscape Architect: 20. Site Planner: Kilday and Associates 21. civil Engineer: 22. Traffic Engineer: Simmons and White 23. Surveyor: Avirom and Associates II. MATERIALS TO BE SUBMITTED WITH APPLICATION The following materials shall be submitted in two (2) copies, unless otherwise indicated: (please check) x a. This application form. x b. A copy of the last recorded warranty deed. x c. The following documents and letters of consent: (1) If the property is under joint or several Page 3 NIl\. ownership: a written consent to the application by all owners of record, (2) If the applicant is a contract purchaser: a copy of the purchase contract and written consent of the owner and seller, and x (3 ) If the applicant is represented by an authorized agent: a copy of the agency agreement, or written consent of the applicant, and (4) If the applicant is a lessee: a copy of the lease agreement, and the written consent of the owner, and (5) If the applicant is a corporation or other business entity: the name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation. d. A sealed boundary survey of the subj ect parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale prescribed by the Planning Department, and containing the following information: (1) An accurate legal description of the subject parcel. (2) A computation of the total acreage of the subject parcel to the nearest hundredth (1/100) of an acre. (3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree Preservation Ordinance. (Also refer to Page 6, Sec. II h. (12) of this application if property is occupied by native vegetation.) This requirement may be waived by the Planning Director where found to be unrelated to the land use or zoning issues involved with the application. e. A complete certified list of all property owners, mailing addresses, and legal descriptions for all properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse shall be furnished by the applicant. Postage, and mailing labels or addressed envelopes must also be provided. Said list shall be accompanied by an affidavit stating that to the best of Page 4 N/Af. x x the applicant's knowledge accurate. Notification of will be done by the City of said list is complete and surrounding property owners Boynton Beach. A copy of the Palm Beach County Property Appraiser's maps showing all of the properties referred to in paragraph e. above, and their relation to the subject parcel. g. A statement by the applicant justifying the zoning requested, including reasons why the property is unsuitable for development under the existing zoning and more suitable for development under the proposed zoning. h. A comparison of the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the existing zoning, which will include: x (1) A comparison of the potential square footage of number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development. x (2) A statement of the uses that would be allowed in the proposed zoning or development, and any particular uses that would be excluded. x (3) Proposed timing and phasing of the development. (4) For proposed zoning of property to commercial or industrial districts, where the area of the subject parcel exceeds one (1) acre, projections for the number of employees. x (5) A comparison of traffic which would be generated under the proposed zoning or development, with the traffic that would be generated under the current zoning; also, an analysis of traffic movements at the intersections of driveways that would serve the property and surrounding roadways, and improvements that would be necessary to accommodate such traffic movements. For projects that generate move than five hundred (500) net trips per day, a traffic impact analysis must be submitted which complies with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance. (a) For projects that generate two thousand (2,000) or more net trips per day, the traffic Page 5 NOTE: impact analysis must be submitted to the City at least 30 days prior to the deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by the City's traffic consultant and Palm Beach County. The applicant shall be billed for the cost of review by the City's traffic consultant. (b) For projects that generate between five hundred (500) and two thousand (2,000) net trips per day, the traffic impact analysis must be submitted at the application deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by Palm Beach County. However, if it is the desire of the applicant to utilize the City's traffic consultant for review of the traffic impact analysis prior to review by Palm Beach County, then the procedure and requirements outlined under item "a" above shall be followed. Failure to submit traffic impact analysis in the manner prescribed above may delay approval of the application. x (6) For parcels larger than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless different standards are justified by a registered engineer. Commitment to the provision of improvements to the water system shall also be included, where existing facilities would be inadequate to serve development under the proposed zoning. x (7) For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the proposed zoning or development with that which would be generated under the existing zoning. Sewage flows shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such flows, unless different standards are justified by a registered engineer. Commitment to the provision of improvements to the sewage collection system shall also be included, where the existing facilities would be inadequate to serve development under the proposed zoning. Page 6 x (8) For proposed residential developments larger than one (1) acre, a comparison of the projected population under the proposed zoning or development with the proj ected population under the existing zoning. population projections according to age groups for the proposed development shall be required where more than fifty (50) dwellings, or 50 sleeping rooms in the case of group housing, would be allowed under the proposed zoning. (9) At the request of the Planning Department, Planning and Development Board, or City Commission, the applicant shall also submit proposals for minimizing land use conflicts with surrounding properties. The applicant shall provide a summary of the nuisances and hazards associated with development under the proposed zoning, as well as proposals for mitigation of such nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters, and mechanical equipment, location of dri veways and service entrance, and specifications for site lighting. Nuisances and hazards shall be abated or mitigated so as to conform to the performance standards contained in the City's zoning regulations and the standards contained in the City's noise control ordinance. Also, statements concerning the height, orientation, and bulk of structures, setbacks from property lines, and measures for screening and buffering the proposed development shall be provided. At the request of the Planning and Development Board or City Commission, the applicant shall also state the type of construction and architectural styles that will be employed in the proposed development. (10) At the request of the Planning Department, Planning and Development Board, or City Commission, the applicant shall also submit the following information: (a) official soil conservation service classification by soil associations and all areas subj ect to inundation and high ground water levels. (b) Existing and proposed grade elevations. (c) Existing or proposed water bodies. Page 7 (d) Form of ownership maintain common facilities. and form of organization to spaces and recreation (e) A written commitment to the provision of all necessary facilities for storm drainage, water supply, sewage collection and treatment, solid waste disposal, hazardous waste disposal, fire protection, easements or rights-of-way, roadways, recreation and park areas, school sites, and other public improvements or dedications as may be required. (11) For rezonings to planned zoning districts, the specific requirements for submission of applications for rezoning to such districts shall also be satisfied. Furthermore, all materials required for a subdivision master plan shall also be submitted. (12) Where conformance with the county's Environmentally Sensitive Lands Ordinance is required, an Application for Alteration of Environmentally Sensitive Lands (Environmental Impact Study) must be submitted to the Palm Beach County Department of Environmental Resources Management (copy to City) prior to or concurrent with the submittal of the Land Use Amendment and/or Rezoning Application to the City. Page B III. APPLICATION FEES Fees shall be paid at the time that the application is submitted, according to the fees which have been adopted by ordinance or resolution. The Planning Department will inform the applicant as to the fees which are required. All fees shall be paid by check, payable to the City of Boynton Beach. IV. CERTIFICATION (I) (We) understand that this application and all plans and papers submitted herewith become a part of the permanent records of the Planning and zoning Board. (I) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Signature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. Date V. AUTHORIZATION OF AGENT 0~\" ~~_ . \C'\ Signatu of Authorlzed Agent \'~ \ 7--\ Cj'\ Date (I) (We) hereby designate the above signed person as (my) (our) authorized agent with regard to this application. Date Signature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. Page 9 City of Boynton Beach, Florida Planning & Zoning Board LAND USE AMENDMENT AND/OR REZONING APPLICATION SPACE BELOW THIS LINE FOR OFFICE USE ONLY Review and Processing Schedule: Date Accepted by Planning Department Date Transmitted to City Clerk Date Notifications Mailed to Surrounding Property Owners Dates of Advertisement in Newspaper (rezoning and/or land use amendment) Dates of Advertisement in Newspaper (annexation) Date of Transmission of Departmental Review Forms to Department Heads Date of Review by Technical Review Committee Date of Pre-Hearing Conference Date of Public Hearing Before Planning & Development Board Date of Public Hearing Before City Commission Date of Transmission of Proposed Comprehensive plan Amendment to Florida Department of Community Affairs, pursuant to Florida Statutes, F,S. 163.3184 (1) (a) Date of Transmission of Proposed Comprehensive plan Amendment to Other Governmental Agencies Requesting Notification, Pursuant to Florida Statutes, F.S, 163.3184 (1) (b) Date of Receipt of Notice from Florida Department of Community Affairs Regarding Comprehensive Plan Amendment, pursuant to Florida Statutes, F.S. 163.3184 (4) Page 11 City of Boynton Beach, Florida Planning & Zoning Board LAND USE AMENDMENT AND/OR REZONING APPLICATION Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes, F.S. 163.3184 (5) (b) Date of Hearing Before City commission on Revised Comprehensive Plan Amendment, Pursuant to Florida Statutes, F.S. 163.3184 (6) (a) Date of Transmission of Revised Comprehensive Plan Element to Florida Department of Community Affairs, Pursuant to Florida Statutes, F. S. 163.3184 (6) (a) Date of Receipt of Notice from Florida Department of Community Affairs Regarding Revised Comprehensive Plan Amendment Page 12 City of Boynton Beach, Florida planning & Zoning Board LAND USE AMENDMENT AND/OR REZONING APPLICATION Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes, F.S. 163.3184 (7) Date of First Reading of Ordinance to Annex Date of First Reading of Ordinance to Rezone and Amend Future Land Use Map Date of Second Reading of Ordinance to Annex Date of Second Reading of Ordinance to Rezone and Amend Future Land Use Map Date of Expiration of Zoning Date of Expiration of Time Extension for Zoning Page 13 r~ ~t;Q f[ 0;' '.', . ~ ;.....--. . ,.... ~.!';,:;~ - '..-. "'''''''-.. . '. .,,~ "~:'~'r~~';'f:r >~ "JI t_ . ,,~:,",.~ _ _..... fl'1~1 ,_l~_.. .U, I! .'/ifi,i '--.-~rjil'~" ~-~~ I o :;:" J~', -':~~~' r' .' Ji Q:l ." "-:'I~ . 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'" Ol ::T '< c1' 0 ::> 1>) 1 w ~ ~) .... s..~ ~r ~~ wr ,..I(l. ~ iil ~ Ytl~l [ r WOOLBRIGHT PLACE PUD LAND USE AMENDMENT APPLICATION JUSTIFICATION STATEMENT LOCATION: Approximately % mile North of the intersection of S.W. 8'" Street and Woolbright Avenue, on the West and East side of S.W. 8'" Avenue, directly north of Woolbright Place PCD. The 80.34 acre PUD has frontage on both sides of S. W. 8'" Avenue, and abuts the west line of the seaboard coast line railroad right of way on the east side. CURRENT STATUS: This property is currently designated by the Boynton Beach Comprehensive Land Use Plan as Moderate Density Residential 7.26 DUlAC, (MODR), and it is an existing, partially built PUD. The existing project density is 8.08 dulac, exceeding the Land Use Plan's density designation. The owner of Tract "F" is the First Baptist Church of Boynton Beach. Tract F (+14.18 acres) is the subject of a Land Use -Rezoning application, submitted October 1, 1997, which proposes to remove the tract from Woolbright Place PUD. The removal of tract F will increase the density of Woolbright Place PUD to 9.8 dulac, because Tract F is designated for a church. PROPOSAL: The purpose of this application is to request approval of a Comprehensive Land Use Plan Amendment for Woolbright Place PUD, to change the existing designation from Moderate Density Residential (MODR) 7.26 dulac to High Density Residential (HDR) 10.8 du/ac. This will correct an existing error, as actual density exceeds the current Plan designation. Further, this amendment will bring project's density designation into consistency with the project's actual density after the deletion of Tract "F." No changes to the approved zoning designation of PUD are proposed at this time. No additional units are sought. The existing 20 foot drainage easement used by the PUD for outfall into the E-4 canal, passing through Tract F, will be maintained and the traffic statement will be amended to indicate the deletion of the reserved 750 trips associated with the Church parcel. This application is made as the final step in the process made necessary by the Land U se- Rezoning application of the First Baptist Church of Boynton Beach to use the 14.18 acre tract F as a medical care campus. Associated with that change, the following applications are being reviewed by the City of Boynton Beach at this time: 1. Land Use Amendment for Woolbright Place PUD, (MODR to HDR) 2. Land Use Amendment-Rezoning of 14.18 acre Tract F (MODR to GC and PUD to PCD) 3. Master Plan Amendment for Woolbright Place PUD (Reduced boundary, density) 4. Master Plan application for First Baptist Church of Boynton Beach PCD. 10f5 WOOLBRIGHT PLACE pun LAND USE AMENDMENT APPLICATION SPECIAL CIRCUMSTANCES: On November 21,1986, the First Baptist Church of Boynton Beach purchased a 14.18 acre parcel of land known as Tract "F" of Woolbright Place Plat No.1, from Howard R. Scharlin, as trustee of Woolbright Place PUD, as seen in the attached Warranty Deed (ORB 5083 PG. 1044). In the accompanying Declaration of Restrictive Covenants, recorded in ORB 5591, PG. 830, Paragraph 2, Imposition o/&strictions, various uses were prohibited, including the sale of alcoholic beverages, tobacco stores, bars, drive in restaurants, and automobile service stations. This declaration was in place to protect the First Baptist Church of Boynton Beach, who had plans to construct a new church building on the property. The uses described in the restrictive covenant were considered indispensable to the desired atmosphere and environment for the proposed church. After the closing on the property, the outlined restrictions were not adhered to, and a service station was approved and built. This and other violations of the Declarations of Restrictive Covenants have rendered this site undesirable for development as a community church site, and the property owner is seeking to sell the property for a use compatible with the surrounding environs and the carrying capacity of the local infrastructure. A Health Care Campus is seen as the best option to achieve this goal. COMPATIBILITY: The proposed land use amendment is compatible with the surrounding land uses, as can be seen by the attached exhibit "A" which shows surrounding density. This higher density development is an appropriate transition between the commercial and industrial uses to the south and east and the moderate density residential development to the west. The surrounding land uses are as follows: NORTH LOW DENSITY RESIDENTIAL (LDR) / HIGH DENSITY RESIDENTIAL (HDR) LOCAL RETAIL (LRC) INDUSTRIAL (I) MODERATE RESIDENTIAL (MODR) SOUTH EAST WEST 20f5 WOOLBRIGHT PLACE PUD LAND USE AMENDMENT APPLICATION COMPARISON OF CURRENT AND PROPOSED IMPACTS CREATED BY THIS PROPOSAL: (pROPOSED) HIGH DENSITY RESIDENTIAL (HDR) 1. COMPARISON OF ALLOWED USES IN CURRENT LAND USE AND PROPOSED LAND USE, INCLUDING TYPE OF DWELLING UNITS.* MAXIMUM FLOOR AREA RATIO OF SUBJECT PROPERTY PER LUI 5.00 RATING IS 40 PERCENT. CURRENT LAND USE DENSITY USES ALLOWED (CURRENT) 7.26 dwelling units per acre _ Residential uses with a gross densiry of not MODERATE DENSITY more than 7.26 dwelling units per acre, RESIDENTIAL _ places of worship (MODR) _ elementary and high schools . daycare services - police and fire stations - social and civic clubs and organizations . community centers . home occupations - commercial uses if clearly accessory and subordinate to residential uses, occupying not more than 5% of the area of a planned unit development - group homes - rooming and boarding homes - nursing homes or related health care facilities which are comparable to this density m character or impact - (Densiry bonuses up to 9.68 dwellings per acre times the average number of persons per household in the City may be allowed for group homes for the e1derlv Same as Moderate Densiry Residential, except that the maximum gross densiry shall not exceed 10.8 dwelling units per acre Greater than 9.68 dwelling units per acre but not more than 10.8 dwelling units per acre * No change is current zoning (PUD) is proposed.. 2. USES ALLOWED IN PROPOSED ZONING, COMPARED WITH USES EXCLUDED IN PROPOSED ZONING Please review attached exhibit "B" which contains a list of all allowed uses in the PUD zoning designation. No change is zoning is proposed, and no uses allowed in the current approval will be excluded in the proposed land use change. No additional units will be added to the Woolbright Place PUD. 3. TIMING AND PHASING OF DEVELOPMENT All portions of the project are under construction except Pod 3 designated for duplex development prior to the year 2000. 30f5 WOOLBRIGHT PLACE PUD LAND USE AMENDMENT APPLICATION 4. POPULATION PROJECTIONS Hypothetically, the maximum population, given the increase in density from 7.26 dulac to 10.8 dulac, would increase as follows: EXISTING CALCULATION (66.16 ACRES X 7,26 DUlAC X 2.39 PERSONS PER HOUSE): 1,148 PERSONS PROPOSED POPULATION PROTECTIONS (66.16 ACRES X 10.8 DUlAC X 2.39 PERSONS PER HOUSE): CHANGE IN POPULATION: 1.708 PERSONS +560 PERSONS However, because this proposal adds no actual units, the population is not affected as seen below: EXISTING POPULATION: (656 UNITS X 2.39 PERSONS PER HOUSE): EXISTING POPULATION: (656 UNITS X 2.39 PERSONS PER HOUSE): CHANGE IN POPULATION: 1568 PERSONS 1568 PERSONS +0 PERSONS 5. TRAFFIC COMPARISON This amendment application is made necessary by the deletion of land area from the existing PUD. The current approved traffic study, however, was approved for Woolbright Place PUD and Woolbright Place PCD; and reserved trips will be amended to delete the 750 trips associated with the 14.18 acre parcel known as Tract F. A residential development has a general traffic generation rate of 10 trips per day per unit. Hypothetically, the change in density from 7.26 dwelling units per acre to 10.8 dwelling units per acre would result in a potential change in maximum trips from 4,803 trips per day to 7,145 trips per day; a net change of 2,342 trips per day. But because this proposal adds no actual units, the following table outlines how the current traffic approval will be modified: Approval (Woolbright Place PUD and Woolbri ht Place pcn CURRENT NCLUDING TRACT "F" PROPOSED XCLUDING TRACT "F" NET CHANGE Traffic Generation (Trips per Da 16,114 15,364 -750 40f5 WOOLBRIGHT PLACE PUD LAND USE AMENDMENT APPLICATION 6. WATERANDSEWERDEMAND Hypothetically, the maximum water and sewer demand, given the increase in population from 7.26 dulac to 10.8 dulac, would increase as follows: CURRENT MAX DEMAND PROTECTED MAX. DEMAND CHANGE + W AIER 129,721 GAL/DAY 193,004 GAL/DAY + 63,283 GAL/DAY SEWER 96,432 GAL/DAY 143,472 GAL/DAY + 47,040 GAL/DAY However, because this proposal adds no actual units, the following table outlines how the current water and sewer demand would be affected: CURRENT MAX. DEMAND PROJECTED MAX. DEMAND CHANGE + WATER 189,767.68 GAL/DAY 189,767.68 GAL/DAY 0 SEWER 131698.56 GAL/DAY 131698.56 GALjDAY 0 50f5 T "A" EXHIBI EXHIBIT "B- P1=ed Unit Developmem,. Sec. 5. Minimum land areas for PUD. A tract of land proposed for zoning to PUD at a request L UI rating shall contain minimum acreage in accordance with Table I above. Lesser areas than those set out in Table I may be approved for PUD in a specific case upon fmdings by the planning and development board and the governing body that particular circumstances justify such reduction, that the requirements for PUD and the benefits to be derived from PUD can be met in such lesser area, and that permitting such lesser area for PUD is in conformity with the comprehensive plan. Sec. 6. Unified control. All land included for purpose of development within PUD district shall be under the control of the applicant (an individual, partnership, or corporation or group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PUD. The applicant shall agree to: A. Proceed with the proposed development according to the provisions of those zoning regulations and conditions attached to the zoning of the land to PUD; B. Provide agreements, contracts, deed restrictions and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PUD and for continuing operations and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at public expense; and C. Bind their successors in title to any commianents made under A and B above. All agreements and evidence of unified control shall be examined by the city attorney and no zoning of land to pun classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. Sec. 7. Uses permitted. In a PUD District, buildings or structures, land, or water shall be used only for the followu purposes : A. Single-family dwellings; B. Two-family dwellings or duplexes; C, Multiple-family dwellings, townhOUSE garden aparonents and cluster housing; n. Private, nonprofit clubs, communitycente: civic and social organization facilities; E. Private parks, tennis courts, playgroun( putting greens, golf courses, driving ranges and orr recreation facilities; F. Public utility buildings, structures, a facilities necessary to service the surroundi neighborhood; G. Houses of worship, schools, nursing horn, nursery schools, kindergartens and hospitals; H. "Neighborhood" commercial uses which: determined at the time of zoning to pun, to compatible with the existing and future developm of adjacent and nearby lands outside the PUD; 1. Other uses of a nature similar to th, listed, after determination and recommendation by planning and development board, a determination the governing body at the time of zoning that the l or uses are appropriate to the pun development. J. Permitted uses for a pun District shall specified in the application for zoning of land to p' classification. K. Prohibited use. Any structure more t. forty-five (45) feet in height and more than four stories. L. Home occupations consistent with eha, 2, Section I J.D. are permitted without the neces of being specified at the time of zoning to PUD. SIMMONS & WHITE, INC.. Engineers' Planners' Consultants September 29, 1997 Job No. 96-87A TRAFFIC IMPACT STATEMENT Woolbright Place PCD/PUD Commercial Acreage Deletion Boynton Beach, Florida SITE DATA Woolbright Place PCD/PUD is an existing planned unit development generally located in the northwest quadrant of the intersection of Woolbright Road and Interstate 95 (1-95). The purpose of this Petition is to delete the approved church area from the PCD/PUD. The driveway connections to S.W. 8th Street remain unchanged. For additional information concerning site location and layout, please refer to the Master Plan for the PUD prepared by Kilday & Associates. TRAFFIC GENERATION The deletion of the 14.27 acre church parcel from the overall PCD/PUD will result in a net reduction in total traffic from the PCD/PUD. The decrease in traffic resulting from the deletion of the church parcel from the PCD/PUD may be shown as calculated from Dan Weisberg's letter for the proposed approval (see attached). As Mr. Weisberg's letter indicates, the current approval generates 16,114 tpd. When the church parcel is deleted, the total trips per day associated with the overall PCD/PUD will be reduced by 750 tpd as follows: 16,114 tpd 750 tpd = CONCLUSION 15,364 tpd The deletion of the subject church parcel from the overall PCD/PUD results in a net decrease in traffic. Site related improvements for the church parcel have not been addressed with t 's lysis for the deletion of acreage from the PCD/PUD. ill be addressed with the Traffic Impact Statement for t sed me of development associated with the church par T overall PCD/PUD remains vested for 15,364 tpd with re he Traffic Performance Standards. Robert jp tr9687a 4623 Forest Hill Boulevard, Suite 112. West Palm Beach, Florida 33415 Telephone (561) 965-9144' Fax (561) 965-0926 , 'j,l !1\\ "'\;\ t ~ r~ :;0 \ri", '" "'.... !1\\.... :" ~-- [~ ~~t t:I :-l\\j r~ ~1\3 ~f ~1:l:I ,~ '" \1\.... f[ Q.. ....\1\ :;: ~.... '" ~!1\\ ., ':\3f [ [ Q.. ~~ '" ~ ~ l\l ~~~ 00 ~ ri'~ri'll>1ll1-3 0 ~ 1ll.....(")~3: Z ll> <1l C', ..... ..... D'00'tl<1lD' <1l o 0.......... Ol 0 Ol <:, ::l <1l <1l0 'tlll> ..... ll> ,<ortPJ. <: ri" ~ 0 ll> .....ll>.....OOl 1"\ ::l '<::l <1l o '<1l Ol (") t!' a ..... D' ri't%J ::l1-3 a "~ ~ ~ <1l o 1"\ <1l 0 - ..... 3: go.i~ o . o .....ll> t!' a .....::lll> <1l Ol "00 ::l Hl::lg. <1l <: ..... 0. 'tll.O 0. ri' H ri' . 0 III l.O 1"\ " <1l '< 0 I"\D' .....::l ri' :;'0.... III 0 III 1"\ - <1lri'ri'OO<1l :z: , l) t:I' <1l '< 0 11'>'< '" t%J ::l D' D'::l . 1"\ ll> ?....t1 ll>::l'< U1 0. 0 (1) ~<1l' '< l) ... Ori'::l"":Z: - ~~ ri' ::l..... 1-'"'0 0. &lQ D'0ri'0ll> Olll>(") ::ll"\ (1) l)l:l' - ::l0::l'< ..... D' 1-" 0 0 H 0 ::l & ::l 1-" 0. \C <1l <: (1) a Ol <: .. (") "'Jill ::l<1l \C Ol (1) '0 ~ ~ ..... l:l''ll I:'" <1l Illl.O::l -.,J ..... ~ 1"\ ::l '00. s::.... ll>(1) - ri' ~ c: <1l 0.'0 <1l 111>> Oll>O ll> .....OD'<1l00l nn wD'O.....iJ:' ri' ll> - <1l 1"\ 1"\ l:l'l) W D'I"\H <1l ::lOl::lOlri'O ....Ill (1)(") Olri' 0 'll'll w..... O~ ri' 0. .....ll> 0 ::l 11C:: U1<: ri' 0 <1l<:::lHlOl Ot:l 0. 0 ::l<1l0. <1l 'tl .. . 1"\ 0 Ol ri'::l l) ll> .....~c:D'ri' 11 .... ri'.....::l<1l ~~ ..... '<ll>1"\ Hl ::l~1"\1"\ l) a 0.-D'<1l0 l:l <1l (1) Ol- Hla 0. Ol (1) 1-" .....0.00 1"\ "'J 1lI Hl l.O (1) a <1l..... 0 ::l ::l .....::l 1"\ s:: '< ll>Olri'OOl l:l 0 ri' ..... D' <1l ri' 0. ~ .....ri' 0. I>> 0'< II'> III 11 D' ::l (")ll> ... ll> 0.iJ:'0'tl l) <: ..... (1) Ol a ri' III (1) ::l Ol Ol '0 ..... ri' .....0 1"\ Ol ~ Hl o l.O 0 <1l ri' ~ ::l 1-" D' ~ 1"\ Oll>ll>(1)(") ri' 0ri'ri'::lD' " D' a .....<1l Ol ~ 0 (1) '0 0 Ol .....1"\ ~;:;1 n-j 1"\ ..... ::l <: 0 o~ C) ..... :;: <1l D' Zz I .0 ll> ri'..... :=;:z ~ ::l0....~0 C':lz ~ oC'> = (1) 0 ..........Hl ~~ Ol <1lt!' ll> ~~ I c:;$ ri' 1"\ ll>::l III 1-" :;: 1-"'0 0 0 .....::l'tl '< I;ViI ::l ri'l.O ..... ::l ~ Ol D' '< ri' l. .J 0 ~ ::l ~ 11-21-1997 2.31PM FROM U~I"UH SMITH ASSOC 407 655 5525 P.1 Unruh, Smith & Associates 105 South Narcissus Avenue Suite 503, West Palm Beach, FL 33401 ,," '"' - ,-.... ."- 1111 . ' Date: November 21,1997 Number of pages includinll cover sheet: 1 FAX To: From: Mark Rickanb Unruh. Smith & Associates Mike Rumpf, AICP City of Boynton Beach PhollO: ) Phone: Fax phone: (56!) 835-8505 (561) 655-5525 Fax phone: CC: (56 I) 375-6259 Ellen Smith, A1CP REMARKS: o Ur/lCnt t81 For your nview 0 Reply ASAP o Please comment Per our conversation, the legal descriptiou for the entire sib:, less the church parcel is as follows: WooIbriJht Place Plat No.1, accordinll to the Plat thereof as lWOrdcdin Plat Book 67, pages 47-49 in the public rocords of Palm Beach COIlnt)', FIerida, less tract F, a total of14.18 acres: and less 30 feet oftheoriginal80 Coot Menon's Wfrj right of Wfrj, tl'allSfCrre<l from Woolbright Place PUD to Woolbrigtu Place PCD, a total of33, 900 square feet. Said lands lying and silWlte in Palm Beach County, Florida, containing 66.16 acres, more or less, THE INFORMATION TRANSMITTeO IS PRlVlLEGEO AND CONFIDENTIAL. IT IS SOLEL Y FOR THE REVIEVV AND USE OF THE NAMED RECIPIENT. ANY OTHER REVIEVV OR DISTRIBUTION OF THIS COMMUNICATION IS STRICTLY PROHIBITED, iF YOU HAVE RECElVCD THIS TRANSMITTAL IN ERROR. Pl..EASE NOTIFY THE SENDER IMMEDfATEL Y BY TELEPHONE. 12-12--1997 1,22PH FROM UNRUH SMITH 4SSOC 407 655 5525 /' / P.1 ~ m l6 ~ : :~ :ill PLANNING AND ZONING DEPT. Unro~ Smith & Associates IOS South Nalci~s Avenue Suite503, West Palm Beach, FL 33401 Date: Decemt if 12, 1997 NuniJer of pages iI lading cover sheet: 4 FAX To: From. ( Iris Kerr '[ uuh, Smith & Associates Miohael Rumpf Fax phone; ec: ( ( ) ) 375-6090 Phone; ( 51) 83S-1l505 ( 51) 6~5-5'2' Phone: Fax phone; REMARKS, o Urg:ent [2J Fo!' YOU! review 0 Reply ASAP o Please comment THE INFORMATION TF1ANSMITTED IS PRMLEGeJ AND CONFIDENTIAL IT IS SOLa Y I :lR THE ReVlCW AND USE OF THE NAMED RECIPIENT. ANY OTHER REVIEW OR DISTRIBU T/ON OF THIS COftlMUNlCA 1 ';]IV IS ISTR/CTL Y PROHf~ITEiD, IF YOU HAVE RECEIVED THIS TRANSMITTAL IN eRROR, PLEAse NOTIFY THE SENDER 1M ~'caIA TEL Y BY TELEPHONe. DEC-12-1997 12:53 PALM EEACH COUNTY 4137 355 2711 P.137/137 19. LOCA TrON: Lyons Road from Broward County Line to Palmetto Park Rn.tl (",...t nf'Rnr-R llatnn) DESCRIPTION: Installation of median curbing. RESTRICTIONS. Tho loft Iano in both dirootionr will be dored from 9,00 h.Mo to -4000 P.M. EGM\pbcr&bcu 7 TOTAL P.07 / 1.2-12-19~q . 23PH FROH UM,UH StHTH ASSOC 407 655 5525 P.2 .......... .--' ~_...,a_._ ~.,,_'______'~ - . PubHc PGII~Y Jnd Slralc&ic Piannin& _ .___.__.. lJlld lJ5.c. and2(mjn~_r1..-, - - . LC1)islativc Regu!ato~ Action . Government RebUons . Privatization Issues MEMORANDUM FM: :Michael Rumpf Chris Kd . December 12, 1997 TO: DT: RE; Woolbright Pla.c" Pun ownership consent for Unruh, Smith and Associates OwFila-HU.71:l)~",c~ Please review the attached consent form>< for the Master Plan amendment and Comprehensive Plan amenoment applications on tile for the referenoed project. I ,.pologize for the delay in gettinll these processed. I believe that the original consent form for the Ma.t....Plan amendment was illCluded with the application, I am anticipating the original consent fonn for the Comprehensive pllm amendment to arrive by mail. The condition stated in the consent letters, which requir,e. the parcel to remain in the stonnwater drainage, treatment and conveyance system iocolucling payment offees to the Master association will be met. 1 believe that the addition of these to the applications will satisfY the consent requirements. Thanks again for your hc!p on this project Please call me jfthe~e lll'e unsatisfactory in any way attachments 11"1, ,^",L. "'l.,~,,;,-,-,,<" 4",.,,,,,, . ~lIitr \;(n . \.~.I('<;t P:~;m Stach. Flnr:da 33401 . 56H5:'S.S5C5 . fax: 561-655-5525 I 2-1 :',-1 997 1, 2.:\PI~ FROH UNRUH SMITH ASSOC .:\07 655 5525 P.3 DEC-12-97 12,27 FROM, TRAM"~LL CRO~/RES. 10, SSl 997 8649 PAGE 2 TCR Ilili*J;i'~tWlil\lIIINI"1 ~dlHI { l\J!!'!\':.~ 1\11, w~ , , '!ilh \I~ll 14",: il.thla, 1,1 ilL':' /'li,l i i)i!,IJ/nH 1\\ "hUll')' ~t~!\! December 12. I9'J7 Mo. 1'.....my Hayden. Alep Plaoni"!! It Zoning Dirt:<:tor City of Boynton Beach 100 S. a..,.-. Bead! Boulevml B"Y"1on 8ee<:h, FL ll41S g; WooIbript "'- PUD; AIIIeIId ........rin To DI!IeIc CluaM Ptopeny (hie Nu, 131112~7."".lJ De... M.. H.ydm1: ThIB leller pro,ill.. """""t ~ ~ Boooh I Limittd PmcersIIip .wi TCRDA f) V iniD&!lIll Boynton Beath n Lllllitllli P'!uln<t>bip, IIIe mp<l<llivo ___crVin>oss I ilIId II withll1 the Woolbright Place PUD, in support of lhe rcfcrcrn.W C<><lIpnJ_ivo PlUI appI.::atjqca I \I>1do:ntand lhat Unruh. Smitb It. ~NOCIatOl will apply to llIllC:lIlIlhcComprd1cn>'" PlM's dcn9i... lbignatiOllIObrinl! WooIbri;llt I PUR's IIellSlly clcsillnalion Into li;JRCe Iho: Colmprohonoi"" P an 'os the eh property, This support illlJVCD 01\ Ule samellOllllili"" .. _ prior CllIIIOI1t. ""'luirins !be p:u<:el1O remain in IIlc c:xistine lCIlIS~r slormwlller dra.., ll'OlIlmaIt aM ClDIlVC)'...... .1_ inoWiD& tho P"l'- "r roes lu u,., Woolbrilllu Place Mul<< A5SO'iatioll Cor maillll:llalll:C of the J)"1a1\ .., ...,jl .. S. W. Will SlzOOl Ril!hl-of- Way mainlAlnllDCC for whidlthc Ass<<ielion is rl:aflCll'Iible. Please do not bcailall: \0 call me if you 'hIvol'urtl1cr q_liollS Very truly yours> Boylltnn lJuclll Limited hreaenlUp By: TCR Beyntoll Bcill'h Luuitcd Pumersllip By "fCR. SF A Bc"n1on llcac:h. !nc. By &~~<....{ ~ Groll IS , Vial Pl1lJidcnt TCRDAD Vil!iap al Boynton aeacb II L. r, By: Tea Villillll$ at Boyntolll:lclWh II L.r. By: TCR SF A ViDin&s at ~ 6cac:b 11, 1111:, By~~:~ ..; Mi"" ,",-,'pT, Pk,"'.hS& Zoni"3- VIA FAX 561/315-6259 Ellon SlIIith, Unnoh, SmiIh& Aaaocia.... .VIAFAX 561/655-5525 Woolbri8hl PIaco Moorc< AUO<'iatiOll 12-12-1997 1,25PH FROt! Ui'-lR\,JH SHITH ASSOC 407 655 5525 P.4 ( TCR TI\\'I,;m CROll' Rt\lD,~TI\1. ;dIH) ('IlI'l_'i'11\(, '\\"";1!h' ",:~~~' 2niln " "I . f'r '~' hill:; ,1),[',)11\ fL ,'\,;111~ '%1 ,: lrr.')~ou FA\. i)t'll" q9~.:';l,i~; October 24, 1997 City of Boynton Beach 100 East BO~l1ton Beach Boulevard PO Box 310 Boynton Beach, FL 33425-0310 RE: Woolbright Place PUD, Woolbright Place Plat No.1, M..der PI..n Modification Application Dear Sirs: Boynton Beach I Limited Partner;hip and TCRDAD Vinings at Boynton Beach II Limited Partnership are the respective owners of Vinings I & II witlUn the referenced PIJD. It is our understanding that The First Baptist Church intends to change its zoning to a mixed use ell.legory providing for a nursing home ALF and some medical office use. Under that zoning reclassification, we consent to the proposed deletion of Tract F Woolbri t Place Plat No. ! from the approved Master Plan for Woolbrigli ace pOD, 5 consen '5 conditioned upon the continued pa!iicipation by the owners of this tract, to be subject to the common area maintenance of the W oolhright Place PUD drainage collection, treatment, and disposal systems as provided for in the approved drainage plan dated September 27, 1994. This would include paying drilinage and maintenance assessments as f1 member of Woolbright Place PUD. This should be a condition to approval a.l1d such condition shall be recorded in the land records to run with the land, It is understood that Unruh, Smith & Ass<lciates is acting as agent for the First Baptist Church of Boynton Beach in this prOcess, and that they will provide us with copies of documents in connection with the approval process, ShouW you have any questions or concerns, please feel free to contact me at (561) 997-9700. Sincerely, BY:~ Greg art. Ice President TeRDAD Vinings at Boynton Beach II Limited partnership By TCR Vinings at Boynton Beach II Limited Partnership By: TCR SFA Vinings at Boynton Beach 11, IlIi;, By: Gl~~:6~nt Bo)'nton Beach I Limited Partnership By: TCR Boynton Beach L,P. By: TCR SFA Boynton Beach, Ine, _.'cc:-EHenSIilith; AICP -- - Woolbrieht Place Master Association OEC-16-8? 11,28 FROM. TRAMMELL CROW/RES. 'I - I 10, 561 SS? 864S l 'I,/~I , ,.. PAGE 2 ~ TCR 'nII\MMU1'~;Ml~' Ill,",ll,',,"11.I1 h,luU \ 1I1l)'lIY'. ,\1','1:110" ";I,lk "(lUll Ullo.,l H..IIIIll, II ,\ q~" 1,,(11 \ q'l: li{iKI h'\~' I'.ld I '1'1, ;,10,1" ~mbcr 12, 1997 Ms. Tambry Hayden, AICP PllIIuling &. Zoning Dirtctor City of Boynton Beach 100 E. Boynton ~h Boulevard Boynton Beach. FL 33435 RE: WoolbriKht Place PUO: Amend Boundaries To Delete Cburch Property (~'il. No, 13711247.0051) Dear Ms, Hayden: This leu.r provides tOI\SCItt from BO)'lIloll Beach I Limited Partnership and TCRDAD Vinings at Boynwn Beach 11 Limited Partnership,lhe rcspcctive owners ofVini"gs I and \I within the Woolbright Place PUD, in support of the referellced Comprehensive Plan applieatiQn. I understand that Unruh, Smith &. AssociatC1 will apply to IIlIlClId the Comprehensive Plan's density designation to bring Woolbright Place PUD's density desillllalion into compliance willt lhe Comprehensive Plan after dcIetinglhe church property. This support is given on lite same coodilioo as our prior consenl, requiring lite plll'eelto remain in the exisling master stonnwatcr drainage, treatment and conveyance system, including the payment of fces to Ihe Woolbright Place MlISlcr Association for mamlenaoo: of the system as well as S.w, 8th SIreet Ri!lht-of-WllY mainLenancc for whic:h the Association is lCSponsible. Please do not hesitate w call me if you have further questions. v cty lruly yours, Boynton Beach I Limited Partnenhip By: TeR B<lynton ~h Lunitod Partnership By: TeR SFA Boynton Beach, Inc. BY:_~ Greg IgI ,Vi<<: csidcnt TeRnAD Vininal at Boynton Beach 11 L. P. By: TCR Vinings at Boynton ~h \I L,P. By: TCR SF A Vinings al Boynton Beach II, Inc, By: cXf~~ Oreglg , Vice PlCSident co Mike Rumpl~ Pluming &. Zoning. VIA FAX 561/375-6259 Ellen Smilh, Unruh, Smith &. Associllc$ -VIA FAX 561/655.5525 Woolbright PIece Maslcc Association Department of Engineering and Public Works EO. Box 21229 West Palm Beach. FL 33416-1229 (561) 684-4000 http://wwwco.palm-beach.f1.us . Palm Beach County Board of County Commissioners Burt Aaronson. Chairman Maude Ford Lee. Vice Chair Karen T. Marcus Carol A, Roberts Warren H, Newell Mary McCarty Ken L. Foster CoWlty Administrator Robert Weisman. P.E. "An Equal Opporruniry Affirmative Action Employer~ @ printed on recycled paper pam -rile /O~1 Ql rn @ ~ ~ ~J ~ ml ill 'WI I 'r-- r UCU ' ~ j ,-'1/,,' :' PLANNING AND ZONING OEPT. December 8, 1997 Ms, Tambri Heyden, Director Boynton Beach Planning and Zoning Department 100 E, Boynton Beach Boulevard P,O, Box310 Boynton Beach, FL 33425-0310 RE: FIRST BAPTIST CHURCH OF BOYNTON BEACH AT WOOLBRIGHT PLACE PCD/PUD Dear Ms, Heyden: The Palm Beach County Traffic Division has reviewed the two traffic studies for the project entitled Woolbriaht Place, pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach County Land Development Code, The first traffic study addresses the reduction in trips by removing the 14-acre church site from the PCD. It uses the trip generation information from the MTP Group trip generation analysis. It shows that the PCD was approved for 16,114 daily trips and a reduction of 750 daily trips for the church site will result in 15,364 daily trips, There is nothing to review related to Traffic Performance Standards, The second traffic study addresses the traffic impacts of changing the uses on the 14-acre church site. The study shows that the proposed uses will generate 2,747 daily trips, This is an increase of 1,997 daily trips over the 750 trips assumed for the church site (derived in the Barton-Aschman study, The assumed build-out is 2000. The proposed uses and the trips associated with each are shown in the table below: ~ Intensity Trios Nursing Home ACLF Medical Office Total 120 beds 129 beds 67,500 square feet 312 129 2.306 2,747 December 8, 1997 Ms. Tambri Heyden, Director FIRST BAPTIST CHURCH OF BOYNTON BEACH AT WOOLBRIGHT PLACE PCD/PUD Page Two The Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. If you have any questions regarding this determination, please contact me at 684-4030. In your transmittal letter, you also asked that I comment on the differences between the trip generation in the Barton-Aschman report and the trip generation in the MTP Group report, The main differences are as follows: - The Barton-Aschman report uses a special trip generation rate for the Home Depot where as the MTP Group report uses a retail trip generation rate, - The Barton-Aschman report uses a 25% pass-by rate for all retail where as the MTP Group report uses rates per Palm Beach County code, - The Barton-Aschman report groups all of the retail uses together and shows the trip generation for 215,750 square feet where as the MTP Group report breaks up all of the out-parcels and provides trip generation for each. This will increase the number of trips Sincerely, OFFICE OF THE COUNTY ENGINEER ofL.- ::;,v ~ Dan Weisberg, P,E, Senior Registered Civil Engineer File: General - TPS - MlIn Traffic Study Review g:luserldweisber\wp50Itpslboyn67b Nm:PPRINT(B04). Rq:B047.1 '. -~.- ~ ... ~ , "- . .--... . .... .. ~ . A......;..... _011 oj SEP-Q7-1994 2:07PII 94-303480 ",.... ORB 8417 pg 852 I 1'1'."1111111 III II 1.1 Con 10. DO 001: .55 SPECIAL 1fA1UWfTy DUl:) THIS INDENTURE, made this 20th day of December, 1990, he- ~en Tradewinds Development Corp., of the County of Palm Beach~ ate of Florida, hereinafter called grantor, and THE CITY OF BOYNTON BEACH, FLORIDA (Tax identification , 59-6000282), hereinafter called grantee, whose post office address is 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435. WITNESSETH, that the grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration paid to grantor by grantee, receipt whereof is hereby acknow- ledged, has granted, bargained and sold to the grantee and to the heirs, Successors and assigns of the grantee, in fee simple forever, the following described real property (the "Property"): SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Subject to: Covenants, restrictions, reservations, dedications, right-of-way and easements of record. and the grantor hereby fully warrants the title to said land, and will defend the same against the lawful claims of all persons by, through and under the Grantor. IN WITNESS WHEREOF, the grantor has on the day and year first above written. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State"and County aforesaid, to take ac- knowldgments, personally appeared Michael Morton, to me known to b. the person described in and who executed the foregOing instru- ment and he acknOWledged before me that he executed the same. last WITNESS my hand and official seal in the County aforesaid this 20th day of December, 1990......." "'...."11', .. ,..~RIEN.I;, ,:.,$' ~o ....... ,. -...~'J ~ ", . .... #'. and State Notary .. :e;"c' ta._ at Florida My commi .. 'i-on.:ft.,i:t:.~;::;,=."., '" - ~=-... !...~."'''~'1''Ioo ....."'-._,......t, . ~.."L~:... " ' Nahr"..... Stp....ci'~~ ' .... '" ;7,; , ,., (lIll1IIIialaoi~:hlr.~t.J.tU'''' ."'- " -...r..,,,,...-......',,' ....-. .~ --'-- Nm:PPRINT(B04). Rq:B047.2 ~ .1\ ORB 8417 p, 853 DOROTHY H WIlJ!EJI CLERK OF TIE COURT - PB COUNTY I FL EXHIBIT "A" Tract wGw, the lift station tract, as shown on the Woolbright Place Plat 1, which is part of Woolbright Place PUD, being a replat of a portion of "Lake Boynton Estates Plat 1" (P.B. 13, P. 32), "Lake Boynton Estates Plat 2" (P.B. 14, p. 17), "Lake Boyn- ton Estates Plat )" (P.B. 13, p. 53), situated in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida. PC f~-43-45-29-25-007-0000 This instrunent ~s prepared by: Tradewinds Develo(Dll!nt Corp. 902 Clint Moore Boad, Suite 124 Boca Ratcm, a. 33487 Please return to: otIice of IIIe CIty Qed CIty of IIoyn(oa Belli P. O. Sax 310 IornflNI __ FIlIdlII 3MZI ------- -- __II Nm:PPRINT(804). Rq:8046.1 _ 1 ~ / , ,,"" "WILl-CAlL-ATS' v:. I for BROAD P.ND CASS L ~~ 1777 W. GtllDES nOI\D;: 0 l30CA hPirON, FL 33434 .- . >, .~ ThIs Instrument Was Pleplllred By: Howard R. Scharlin, Esq. Scharlln, Lanzetta, Cohen, Cobb & Ebln , 3Sl$ $,W. Arst Avenue. #400 Miami, FL 33130 lll\1l-1I-1q'l'} H~1a~.. 45-082737 ORB 8662 1'9 1: 673 I .-._u.-. .11...... C nn 1.567.400,00 Doc HJ. '1'Jb. 50 l)!lllt.l'lN 1.1. IItlKEtIl. CLERK P13 COUNTY. FL WARRANTY DEED THIS INDENTURE. mad9this~day 01 March, 1995. ba1ween HOWARDR. SCHAflLlN, IndMduaJly and as Trustee. of the County of Dade. State of Florida. hereinafter called grantor. and BOYNTON BEACH I LIMITED PARTNERSHIP. a Florida limited partnership, hereinafter oalled grantee, whose poet office address Is 6400 Congress Avenue, Suite 2000. 80ca Raton, FL 33487. WITNESSETH. that the grantor, for and in consideration of the sum of Ten Dollars and other 9000 and valuable considerations paid to grantor by grantee. receipt whereof Is hereby acknowledged, has granted, bargained and sold to the grantee and to the heIrs, successors and assigns of the grantee, in fee simple forever, the real property legally described as follows: THE VININGS AT BOYNTON BEACH - PHASE I, PUD, according to the Plat thereof as recorded In Plat Book 74, at Pages 101-102, of the Public Records of Palm BeaCh, County, Rorlda. Folio No. 06-43-45-29-25-003-0000 In giving this oonveyance the grantor attests that the realty ooncerned is vacant land, that it i5 not his homestead. that he resides at 3615 Battersea Road, Miami, Florida 33133, and has been in residence at that address oontinuously for more than the past ten years. SUBJECT TO: 1. Taxes for the ourrent and subsequent yeats; 2. Conditions, restrictions, easements. limitations. reservations and zoning ordinances of reoord. TOGETHER with all tenements, herltaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD. the same In fee simple forever. AND the Grantor hereby oovenants with said Grantee that the Grantor is lawfully seized of ao:id land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land Is free of all encumbrances, except taxes accruing subsequent to December 31,1994. IN VVlTNESS WHEREOF, the grantor has executed this instrument on the day and year first above writtGn. Signed In the presence of: .h/~,~....e.-.~ .- (signa1ure of wJ1nes8) name of witness ~.H"......a.. .Ja..A'f24~r (loyPrintod) (si of witness) name of wttness ~ A~t&----- ldividually and as Trustee 1399 S.W. First Avenue. #400 Miami, FL 33130 STATE OF FLORIDA COUNTY OF DADE The foregoing Instrument was acknowledged before me this 9'p;:L, day of #~ Howald A. Scharlin. Individually and as Trustee, who Is personally known to me. ( ~~h~~~/ Notary Public, State 01 Florida name of Notary .Public: (legibly printed) , 1995 by My commission expires: I<IiN1A SANOIEZ NOfAllY PUBUCsrATEoF"" nDl'I"lI.A. COMMl9SION NO. C081-.40 MY COhlMlS5lQN EXP.-JULY 41996 SCHARLIN. LANZETTA. COHEN. COBB AND EBlN, 1399 S.W. FIRST AVENUE. MIAMI. FLORIDA. 33130. TEL (305) 358-4222 - - Nrn:PPRINT(B04), Rq:B049,1 Wuri\ to : THIS INSTRUMENT PREPARED BY: JEFFREY A. DEUTCH, ESQ_ I BROAD AND CASSEL 7777 Glades Road #300 Boca Raton, FL ~434 Wlll..~ v/ waRRaNTY DEED THIS WARRANTY DEED made this ~o'l!t day of ~ ~9.!1!tL, by and between BOYNTON BEACH II LIMITED PARTNERSHIP, a F~orida ~imited partnership, whose post office address is 6400 Congress Avenue, Boca Raton, FL 33487, as Grantor, and TCRDAD VININGS AT BOYNTON BEACH II LIMITED PARTNERSHIP, a F~orida limited partnership, whose post office address is 6400 Congress Avenue, Boca Raton, Florida 33487, as Grantee. , /!ilV-1S-199o 1:~ ,196-413986 ORB 9543 P9 960 I ___II__II_UEIII.II Con 1.46B.160.00 Doc 10.277.40 DOROTHY H. WILKEN. CLERK PB COUNTY. FL WIT N E SSE T H: THAT the Grantor for and in consideration of the sum of TEN AND 00/100 DOLLARS ($10.00) and other good and valuable considerations, to it in hand paid by the Grantee, the receipt whereof is hQroby acknow1Cldgad, hereby grants, bargains and sells to the Grantee, their heirs, successors and assigns forever, the fo~~owin9 described real property, located and situate in the County of Dade, State of Florida, to wit: All of THE VJ:N:I:NGS AT BOYNTON BEACH--PHASE :r:r, P.U.D., according to the plat thereof, recorded in Plat Book ~, page ~, Public Records of Palm Beach county, Florida. This conveyance is subject to the following: 1. Real estate taxes for 1997 and subsequent years. 2. Conditions, restrictions, limitations and easements of record, if any. The benefits and obligations hereunder shall inure and shall be binding upon the heirs, executors, administrators, successors a.nd a.ssigns of the respective parties hereto. The Grantor does hereby fully warrant the title to the real property hereby conveyed and will defend same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused this Warranty Deed to be executed the day and year first above written. signed, sealed and delivered in the presence of: BOYNTON BEACH II LIMITED PARTNERSHIP. a Florida Iimited partnership By: TCR BOYNTON BEACH II LIK:ITED PARTNERSHIP, a Texas limited partnership By: TCR SFA BOYNTON BEACH II, INC., a Texas corporation By,!1-Q ') 1'>. ~ - Brad Bryant, Vice President ~b~-i..~ Name:..........t:::> t'\..n~Jr.. L. 'F\"s.h. -.--.'// PI_ease priZ ~~>~?;: ~ ~ .uA-/ Name .' /t /, (, 'fYt/? tI2 Please Print I) I STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknow1edged before me this 2o.t!:......day of: ...::.o~.........'b..L" , 1996, by BRAD BRYANT, as Vice President of TCR SFA BOYNTON BEACH II, INC., a Texas corporation, as general partner of TCR BOYNTON BEACH II LIM:ITED PARTNERSHIP, a Texas limited partnership, as general. partner or BOYNTON BEACH II LIMITED PARTNERSHIP. a Florida limited partnership. He <-1" is personal1y known to me or ( ) produced a drivers 1icense as identi.ficatian. expires: " \, ..... Print Name: Notary Public My commission ~.J... '- 1..J- ...\.o~ 1.-. I'=,'S Grantee's Taxpayer I.D. No. Property Identification No. (.,S-O(,,'t0l-9SI Ds:l43<.Js-2.'1,;}y()()3002.0 I r:\~,~ce.re.'152\W8rrOeed -' - - - - ---ltr.,( ~ ~ RONALOL.PLATT,ESll )J IHD~P:.~~D~:\:.~ Tm~6 9:: ~O~A~(\,V<<, me. \70 i'l.\'J, f:~;~'{{',:! p.y"'~ :".;~.~o. . BOCAAA'iQH,~i..lJi;;C'rl ~31 This InstrUf'M'nt w., Pt'P',ed By: Howard ft Scharfl'l, Esq. Se....rfll'l, Lln:.tta, Cohen, Cobb & Ebin 130Sl S,W. First ........nue, '400 MiamI, fl 331:10 JAll-lla-l997 12:19pm 97-008795 ORB 9606 Ps 97 I JUIllIB 111111 !lI:I5IIIlIlIIllU 1116 Cun 800.000.00 Duc 5.60D.00 WARRANIY DEED THIS INDENTURE. made this c21(f..day of December. 19ge, between HOWARD R. SCHARLlN, Indlvlduclly Jlnd aa Trustee under the provisions of a certain Trusl Agrooment dated Oocombor 11. 1986, of the County of Dede, State of Florida, hereinafter called grantor. end KENNEDY PROPERTIES, lTD.. . Florida IImUod partnership, hereinafter called grantee, whose post office address is 1300 West HiIIsboro Boulevard, Suite 101. Deerfield Beach, FL 33441. ,^"TNESSETH. that the grantor. for snd'in consideration of the sum of Ten Dollsrs and other good and valuable considerations paid to grantor by grantee, receipt whereof Is hereby aoknowledged, has granted, bargained and sold to the grantee and to the heirs, sucCEo;sors end assigns of the grantee, in fee simple forever, the real property legally described 8S follows: SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF. Folio No. 08.43.45-20.25.003.0010 In giving this conveyance the grDntor atte:;ts Ihatthe reiJlty concerned is vacanlland. that it is not his homestead, that he resides at 3615 Ssttcrsca Road, Miami, Florida 33133, and has been in resider1ce (Ilthol address continuously for more than the past ten years. SUBJECT TO: 1. Taxes for the current and subsequent years; 2. Conditions, restrictions, easements, limitations, reservations and zoning ordinances of record. TOGETHER with all tenements, heritamenls and appurtenances [hereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple: that the Grantor has good right and lawful authority to sell and convey said fand; that the Grantor hereby fully warrants the title to said land and will de1end the same against the lawful claims of ell persons whomsoever: and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, '995, written. IN WITNESS VVl-IEREOF, the grantor has executed this Instrument on the day and year first above Signed in the presence 01: ( k~ JtUv,1~/ (slgn.alllreQfwilness) name 01 wiIn.n !1f),lJ'.lt. ....~&"f.t.At"> (I.~ib~ Pfinted) ;E. .-/ i1~~ (signa1l.lr.ol'Ni1nllSs. . , "moof_... :;tdE./ /?lJlJ[S~ (legibly printed) -Ii , , , H DR, SCHARLlN I dividually and as Trustee 1399 S. W. First Avenue, #400 Miami, FL 33130 STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged before me this ~7rU- day of December, 1996 by Howard A, SCharlin, Individually and as Trustee, who is personally known to me. rIly commission expires: ~ Nolary.Publlc, Slate of Florid name of Notary Public: 1<.-1",/0... .!1n,t~k{) (leSlblyprinled) A N A KENlA SANCHEZ NOTARY PUBUC STATE OF FLORIDA COMMISStON NO. C081140 MYCOMM!SSION EXP.' ULY .,199t1 ~": .' "'", , ORB 9606 P; 98 DOROTHY H. IHLKEN, CLERf; PB COUNTY I FL Exhibit "A' LeQal Descriotion A portion of Tracts "A" and "C", togelher with a portion of Southwest 81h Street, WOOLBRIGHT PLACE PLAT 1, according to the Plat thereof as recorded in Plat Book 67, Pages 47 through 49, Public Records of Palm Beach County, Florida, being more particularly described as follows: Begin at the Northwest corner of said Tract C; thence North 88'26'13' East for 214.51 feet; thence South 01'33'09" East for 120,00 feet; thence North 88"26'13" East for 50,00 feet; thence Soulh 01'33'09" East for 170.00 feet: thence North 88"26'13" East for 50.00 feet; thence South 01'33'09" East for 120,00 feet; thence North 88'26'13" East for 830,75 feet, the last seven mentioned courses being coincident with a portion of the North line of Tract C: thence South 01'34'16" East for 590.00 feet; thence South 88'26'13' West for 85.00 feet: thence South 48'11'50' West for 85,14 feet; thence South 01'34'16' East for 95,00 feel; thence Soulh 88'26'13' West for 561.43 feet, to the West line of Said Tract C: thence North 01'06'23" West of the West line of said Tract C for 178,85 feet to a Point of Tangency; thence Northwesterly along a circular curve to the left, having a radius of 751.00 feet, a central angle of 16"50'30' for an arc distance of 220.75 feet: thence North 61'12'37' West for a distance of 16,19 feet to a point on a curve, said point having a radial bearing of South 71 '08'22" West to the radius point of the next described curve; thence continue Northwesterly along a circular curve to the left, having a radius of 740.00 feet, a central angle of 11'45'51', for an arc distance of 151.94 feet to a Point of Tangency; thence North 30'37'29' West for 627,85 feet to a point of curvature; thence Northwesterly along a circular curve to the right, having a radius of 410.00 feet, a central angle of 08045'46", for an arc distance of 62,70 feet to the Point of Be9inning, the last three mentioned courses being coincident In part with the Westerly line of said Tract C and containing 14,051 acres more or less. . . , fj"' 110 ,q- "r :r -f "" .D IXI , ... II> ..:. i; .6 N i I ~"..,..~ ;"; .. . " WR23:D.18 :a:~ thi. day ot Novembe~. 1986. THIS IIiIDDl'TUM:. made BETWE!H THE QftANTOR. HOWARD R. SCHARLIN. Individually end as Trustee Oede County, Flori~e AND THE eRANTEE. FIRST BAPTIST CHURCH OF BOYNTON BLACH. FLORIDA. INC. 301 No~th Seac~e.t Blvd. Palm Beach County Boynton Beach, Florida WITNESS, That s.id Grantor, for".nd in consideration of the sum of Ten Dollars ('10.00), and othe~ oood and valuable considera- tions to said Grantor in hand paid by said Grantee, the receipt whereof is hereby aoknowledged, has sold, oranted and bargained to the s~1d Grantee, and the Grantee's heirs and .ssions forever, the follow1ng described land, situate, lying end be1no 1n: County, in Florida, to-wit: ~~E ATTACHED EXHIBIT "A" This conveyance i_ made subject to restrictions, reservations, e.sements and limitations of record, If any, provided that this shall not serve to reimpose ..me, and subJect to zonino 01""- dinanee. and other requirements imposed by oovernmental au- thority, and subject to real .state texes for the current year end subsequent years. The Grantor does herebY fully warrant the title to 'said lend, and will defend that same aoainst the lawful 00 claims of all persons whomsoever. Grantor and Grantee are used ~(),IJCil' 101"" the .inoular or plural. .s the context requires.. '1."'0 ,,"SWQ :r :r o ... 0... fI'l , IXI '0 In a:l, ,:iIi. " IN WITNESS WHEftE~. Grantor ha. hereunto set Grantor's hand and seal the day end year first above Written. Sioned, sealed and delivered in our presence: ~ARLIN IndividuallY and a. Trustee -f ~t.~.c.,..S \- ~~ Witn.s (SEAL) STATE OF FLORIDA COUNTY OF DADE 1 ] 2. ~O,OO ~U1'1T"'.' Iftu",l"'" .,..... ~r.;~""'" I HER~BY C~RTIFY that on this day before me, an officer dulY Qualified to t.ke acknowledoments, personally ap~eared HOWARD R. SCHARLIN, to me known to be the person described 1n and who ex- ecuted the foreooino instrument and aoknowledoed before me that he executed the s.me. WITNESS, my hend and 0~11ci8l seal in the County and Stat. afore- said thia J-l- day of November, 1986. ~~..:....c..., ~'~~_ ' Notary fl'ubli<o f':OTArr r-ll~lJC ,."", / ' ,~\',,"\ ... i ' . .., FlORm" " .' "., My eomm ..ion expires: r,y C~"JII11lSrOij l~p. u~e 11,1"1 . ::,j.A~I~:'" . 80lotO TII~lI C.UEHAL JIl'S. UIO. .. .-lt~.vit.iFn~ 'I"ItEI"AItlED BV' AND RET\IftN TO I" PHILIP G. BIf,li,UN.~EaQ. . 'ROYAL PALM ig~ER~3~~;: SUITE 5C. 1600 SOUTH DIXIE HIG~~~0~iCA:,RATON. FLOR- ....,~~.,.,:..'. .. '. 1 01 2 " ~ . I'IItST ~rBIT . A. TO I.IAItRANTV ~ P1tOt1 LtrWLI...... R. !!IC:HAItLYN. .. Truat:... TO ISAfl'TrST CHUtCH OP BOYNTON ~.Ar.H. P'LORIDA. I~ The ~rope~ty being conveyed from the Grantor to the Grantee 1. located 1n PalM Beech County, Florida, and described as: A parcel of land lYlng In Section 29, Township 45 South, Ranoe 43 ~D.t. Palm Beach County, Florida, more partioularlY d.soribed aa follows: COMMENCING at the Southeast corner of aald'Seotion 29; thenoe S. 88.02' 22- W. along the South 11ne there- of. D distance 01 144~.58 feet to an intersection with the SoutherlY proJeotion of the EDsterly Right-01'-Way lIne of the Lake Worth Drainage Distriot Canal E-4 as desoribed 1n that Quit Claim Deed to the Lake Worth Drainage District and recorded 1n 0111clal Record Book 2146. Page 176 of the PUblio Records of Palm Beach County, Florida; thence N. 00-24' 11" E. alono said projection 11ne, a d1stanoe of 30S.61 feet. thence N. 20.S4' Sl" W. alono the ~ast Rloht-of-Wa~ line of said Lake Worth Drainaoe Oistrict Canal E-4, a distanoe of 553.79 foot to tho POINT OF BEGINNING of this descrip- tion; thence continue N. 20.54' Sl. W. alono the East Right-of-Wa~ line, a distanoe of 972.28 'feet to a Point of Intersection ~ith the WesterlY proJeotion of the South lino of "PALM BEACH LEISUREVILLE SECTION 3". os reoorded in Plat Book 28, Page 243, 244 of the PUblic Records of Palm Beach County, Florida; thence N. 65.52' 06. E. along said South line, a distance of 248.35 feet to the Southeast oorner of Lot 4, Block 23 of said -PALM BEACH LEISUREVILLE SECTION 3", thence N. 88"26' 51. E. a distanee of 60.00 feet to a Point of Intersec- tion ~lth the West line 01 Block 33 01 .LAKE BOYNTON ESTATES PLAT NO.2., e. recorded In Plat Book 14, Page 17, of the Public Records of Palm Beach Count~, Flor- ida; thence N. 01.33' 09. W. along said We.t line, e distance of 180.09 feet to the North~est corner 01 Lot 12. Block 33 of sold "LAKE BOYNTON ESTATES PLAT NO.2", thonce N. 88.26' 51. E. elong the North line of seid Slock 33, e distance 01' 368.39 feet; t,hence S. 01.06' 24. E. a distanoe 01 440.30 feet to a Point of Curve- ture; thence Southerl~ alono the arc of a curve to the left hevinQ a redius of 1540.00 feet, a oentral angle of 18.06' 13", en arc distanoe 01' 486.59 feet to I!I point of reverse ourvature; thence continue SoutherlY along the orc of a curve to the right having a radius of 1750.00 feet, a central anole of 09.11' 4S", on ore distanoe 01 280.90 feet; thence S. 88-26' 51. W., 0 di.tanoe of 467.8S feet to the POINT OF B~GINNING. Soid land. situete in the Cit~ of Boynton Beech. Pelm Beoch County, Florida. Containing 14.0258 ecre., more or less. The ebove desoription being in eccor- dance ~ith e surve~ of Caulfield & Wheeler, Inc., deted November 12, 1986, 30b No. 387. Ul :r o -t ll... "., ClO o Ul a:;; EXCEPTING TH~REFROM, such portion of the ebove described property es is a portion of end contained within the the follow- ing described propert~, to ~it: Lots 9 through 29 inclusive of Block 39; Lot. 1 thrOugh 28 inclusive of Block 441 Lots 1 through 25 inclusive of Block 45; all of Block 46; all of LAK~ BOYNTON ESTATES~ PLAT NO.3, Docord- ing to the Plat thereof on file in the Office of the Clerk of the Circuit Court in Dnd for Palm Beech County, Florida, reoorded in Plat Book 13, Pege 53. 2 of 2 RECORD VERifIED , PALM BEACH COUNTY. fLA. JOHN B. DUNKLE CLERK CIRCUIT COURT