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LEGAL APPROVAL ~ LEGALI APPROVAL DOCUMENTS ....-.. DEVELOPMENT ORDER OF BOYNTON BEACH, FLOr cM:~~ r;:::;:-;:. fn\ I:; r,]' I,; II \'a I?, ill \ \ ~ ~ ~....\2-u D . : lm SEP 5 1991 PROJECT NAME: Shoppes of Woolbright PCD APPLICANT: Michael Morton APPLICANT'S AGENT: , , i APPLICANT'S ADDRESS: 902 Clint Moore Road, Suite 124, Boca Raton, FL 3 PLANNING AND ZONING DEPT. DATE OF HEARING BEFORE CITY COMMISSION: August 19,1997 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: S.W 8'" Street DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the pUblic finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant L.. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". 4. The Applicant's application for relief is hereby ,/ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. .~ 6. All further development on the property shall be made in accordance with the tenns and conditions of this order. 7. Other /9 \\\\\\11111111",1. ",",,\\ ~ON 8~ ~III~ ~.J...~ ......... oIIfO ~ .::f t"\ ....9.ATE'D.... ;.s.. ~ ~-lr .... ~ ~ ~, .. '::: == II.. [0 : ~ - 0 ,Y t'\'- ;:,~ o'V i :: ~.,.. \ ...Q)v,,: ... g ~"/...""" ., ....~~ ~ v............. <?- ~ ~ F\..o ~~ ;/11. \\' ~/I",,"III\\I\\\\ DATED:~Zi~~/P9'? ~~<~/". City Clerk J:ISHRDATA\PlannlngISHARED\WP\PROJECTSISHPSWOOLIMPMDlDEVELOPMENT ORDER.doc EXHIBIT "D" Conditions of Approval Project name: Shoppes of Woolbright File number: MPMD 97-002 Reference: The plans consist of I sheet identified as 2nd Review. Master Plan Modification. File # MPMD 97-002 with a June 24. 1997 Planninl! and Zoning Department date stamp markinl!. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: 1. Show existing easements along the east property line, west of the canal V easement, (LDR Chapter 3, Art. IV, Sec. 3 (H and I)). FIRE Comments: None POLICE Comments: 2. The Police Department has reviewed the plans and feels that there is a traffic flow concern in the area of the Home Depot Garden Center. It is recommended that the 'CUSTOMER PICK-UP ZONE' be shortened and not extended north of the access road to Shoppes of Woolbright This area ~ is already a traffic problem with customers blocking the area of the intersection. Pick-up and temporary parking for the Garden Center needs further design and consideration, prior to construction of the rest of the shopping center. 3. It is recommended that a traffic signal be installed at the intersection of the /' access road and S.W. 8th Street. ENGINEERING DfusION Comments: 4. Change "outparcel 1" to Lot 2, change "outparcel 2" to Lot 1 and change vi "outparcel 3" to remainder of Tract "c" to mirror "Woolbright 1 00" plat document [Chapter 5, Article V, Section I.C.] 5. Identify the roadway between Burger King and Discount Auto as "Tract A vi (private)" to provide consistency with the "Woolbright I 00" plat document [Chapter 5, Article V, Section I.C.] 6. Identify and locate the easement between Food Court and Discount Auto as V- a 27' ingress/egress easement (private). [Chapter 5, Article V. Section I.C.] Page 2 Shoppes of Woolbright PCD File No. MPMD 97-002 DEPARTMENTS INCLUDE REJECT 7. Correct the dimension along the north property line of Burger King from 1/ 165.89 to 165.23 to reflect the plat dimension. 8. Correct the dimension along the west property line of Discount Auto parcel V from 167.97 to 167.86 to provide consistency with plat dimension. BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 9. The site signs shown on the submitted plan do not match the signs shown on the approved sign program. Eliminate from the master plan the site signs from the following sites: . Cracker Barrel, V . Race Trac, . Home Depot. -. 10. The second ffle-standing sign on the Home Depot property has not been y/ permitted by the most recent sign program for Shoppes of Woolbright PCD. Eliminate any reference to this sign from the master plan. II. Modify the first note from the notes section of the master plan to read as V' follows: "See above dimensions for location and size of minimum required peripheral greenbelt ". 12. Amend the chart that identifies previous master plans to reflect the V' appropriate date the master plan modification was approved by the City Commission. Also. indicate that the approvals are subject to staff comments. 13. The FeeJ.NiFeEl. time frame fer the eelBpletisR sf the IREhwtrial }~seess Reaa (aka ~f8Ft8RS \l.'ay/l'l:lr-ple Wem '.lJay), ~.'tRieR is lesateEl 9;'ithiR tae PUD, is S 8fJtefR eer :, 1997 aRe tkere is 88t a 61:lR"SRt afJfJlieatiBR sUBmitted fer Page 3 Shoppes of Woolbright PCD File No. MPMD 97-002 DEPARTMENTS INCLUDE REJECT ilflpf8\'em8Rts iR the VLTeeleright PlatH! PUD. Therefere, it is NE81ff",2Ntletl tHat the aflJ3lisQRt Hlal:e J3eFHlit af'flliaatisR fer tHis [Saa witkiR 39 says eftae S8fflFRissieR appre.:al sf tHe suBjeet reE}1:l9st alul eSIBfllete the feaa ey Sef)teFRBer 7.199:. (superseded by proposed revised settlement agreement discussed by the City Commission on August 25, 1997). 14. Submission of a rectified master plan showing compliance with the conditions of approval for this request will be required to be submitted to the V Planning and Zoning Department, prior to certificates of occupancy for Discount Auto or Food Court (whichever occurs first). IS. To provide consistency among all submittal elements, amend the request letter to delete the request to change the 25 foot peripheral greenbelt for a 10 / foot peripheral greenbelt containing a 5 feet high masonry wall (a wall is not required). 16. Correct the master plan to reflect the access between Burger King and V Discount Auto as an easement on the Burger King parcel as per the recorded agreement and plat. 17. Although the letter of request indicates decrease in square footage of buildings located on all three outparcels of the development, the total V building area indicates an increase from the approved 268,290 square feet to 313,896 square feet. Provide consistency among all proposed square footage changes on the master plan and in the site plan data. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 18. NONE. ADDITIONAL CID' COMMISSION CONDITIONS 19. To be determined. /bme J :ISHRDA T AIPlanninglSHAREDI WPlPROJECTSISHPSWOOLIMPMDlcnnd. nf approval.doc DEY.. . OPMENT SERVICES DEPAF ffiNT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-417 TO: Chairman and Members Planning and Development Board THRU: Tambri J. Heyden, AICP Planning and Zoning Director FROM: Jerzy Lewicki Acting Senior Planner DATE: August 8,1997 SUBJECT: Shoppes of Woolbright PCD - File No. MPMD 97-002 (change driveways, outparcei size and building layout) NATURE OF REQUEST CCL Consultants, Inc., agent for Howard R. Scharlin, trustee of the undeveloped portion of the Shoppes of Woolbright PCD, is requesting approval to modify the previously approved master for the Shoppes of Woolbright PCD. The 31.99 acre planned commercial development is located on the north side of Woolbright Road and east of the L.W.D.D. E-4 Canal (see Exhibit "A" - location map). The requested changes are shown on the proposed master plan and described in the attached letter from CCL Consultants, dated May 13, 1997 (see Exhibit "B" - letter of request and proposed master plan). The proposed changes are as follows: 1. Outparcel I decrease the floor area of the I-story building (high turnover restaurant) from 4,000 square feet to 3,710 square feet. 2. Outparcel 2 decrease the floor area of the I-story building from 6,745 square feet to 6,492 square feet. 3. Outparcel 3 decrease the floor area of the I-story building (fast food restaurant with drive-thru) from 3,175 square feet to 2,911 square feet. 4. Move the driveway located on the east side of S.W. 8'" Street between Outparcell and 2 approximately 40 feet to the north. 5. Detach the Home Depot garden center from the commercial center building to the north. Combine the southern-most two tenant spaces within the north commercial center building. These sizes of the two tenant spaces are the 14,095 square feet and 25,000 square feet, for a combined total of 39,095 square feet. The proposed master plan reflects an increase in the total square footage of commercial development from 268,290 square / Page 2 of 5 Memorandum No. 97-417 Shoppes of Woolbright PCD, MPMD 97-002 feet to 313,896 square feet, which is within the 320,000 maximum square feet allowed by the court order (see Exhibit "C" - proposed master plan and approved master plan). The purpose of this request is to reflect changes (Discount Auto and Food Court) in development of the PCD property that have occurred since the last master plan approval dated May 7, 1996, as per the site plan conditions of approval for the referenced projects. The normal procedures is that site plans are not approved until a master plan modification has been filed and approved, when necessary. However, due to the city's desire to act cooperatively since the applicant did not want to pay for a revised master plan to be drawn up until he had assurance his site plan would be approved, the subject master plan modification was allowed to be filed after-the-fact. It also serves to produce a master plan that reflects all conditions of approval for all five master plan modifications that have occurred since the 1990 settlement agreement and to rectify all previously approved master plans. BACKGROUND The Shoppes of Woolbright is part of a November 6, 1986 and January 24, 1990 stipulated settlement agreement between the City and Tradewinds Development Corporation. The City Commission ratified the settlement agreement by approving a master plan modification on May 15, 1990 that depicted the applicable conditions of the January 24, 1990 stipulation and settlement agreement. The agreement vested the project for traffic, water and sewer, so that no time extensions for concurrency would ever be required, prior to build-out of the property, so long as the total number of trips and peak hour of trips did not increase. The settlement agreement approved a maximum of 320,000 square feet, to include the uses and layout depicted on Exhibit "C", however, the proposed master plan reflects only 313, 896 square feet. Resolution R95-65 signed on November 7, 1995, is the current settlement agreement between THE CITY OF BOYNTON BEACH and HOWARD SCHARLIN, TRUSTEE FOR WOOLBRlGHT PLACE, JOINT VENTURE (the expedited review schedule is part of this agreement). This document was amended to include the off-premise sign for Cracker Barrel restaurant which occurred, as Resolution R96-l5. Since the original settlement agreement, the following master plan modifications have been submitted for review: 1. October of 1989 - request to include the addition of a building materials store (Horne Deport) which included 102,250 square feet of retail and a 19,375 square foot garden center. The total square footage for the PCD remained unchanged at 315,580 square feet. The City Commission approved this request on November 21, 1989. 2. May of 1991 - request to include the following: a. Addition ofa new driveway onto Woolbright Road, located west ofS.W. 8th Street; b. Change in use and size of the outparcel at the northwest comer of Woolbright Road and S.W. 8th Street from 4,000 square feet of retail commercial to a 1,250 square foot gas station (this portion of the request was withdrawn by the applicant, from the submittal); ~ Page 3 of5 Memorandum No. 97-417 Shoppes of Woolbright PCD, MPMD 97-002 c. Change in size, number of stories and designation of use of the outparcel at the northeast comer of Woolbright Road and S.W. 8th Street from a 4,300 square foot retail building to a two-story, 6,000 square foot bank with drive-through; d. Addition of another driveway from S.W. 8th Street to the shopping center outparcels located on the east side ofS.W. 8th Street; e. Relocation southward of the approved driveway located on the east side ofS.W. 8th Street that leads to the shopping center outparcels; and f. Elimination of the north access aisle connection between the outparcels located on the east side of S. W. 8th Street and the Home Deport site. The modifications to square footage resulted in a net increase of 1,700 square feet, thereby increasing the total square footage for the PCD from 315,580 to 317,280 square feet (within the limit allowed by the 1990 settlement agreement). This request was presented to the Planning and Zoning Board (now known as the Planning and Development Board) on August 13, 1991. The Board recommended approval of the request, with the exception of the additional driveway on Woolbright Road. The minutes from the August 20, 1991 and September 19, 1991 City Commission meetings state that the request was tabled at the request of the City Attorney because of a pending motion in the Tradewinds case and that the City Attorney wished to confer with counsel for Tradewinds on the issue. A review of City records indicate the request was not removed from the table. 3. March of 1993 - request to include the addition of 8,745 square feet to the garden center at the Home Depot. The garden center increased from 19,375 square feet to 28,120 square feet. Pursuant to the 1990 settlement agreement, the square footage of the garden center is not included as part of the retail gross leaseable area. The request included adjusting property lines to accommodate the expansion and the total square footage of the project remained at 315,580. On April 20, 1993 the City commission approved the 8,745 square foot expansion subject to staff comments, and on August 10, 1993 the Planning and Development Board approved a waiver of platting for the adjusted property lines in connection with the expansion. 4. March of 1993 - request to include the following: a Subdivision of Tract B to create a .957 acre outparceI. Tract B is the portion of the PCD that is located on the west side of S.W. 8th Street; b. Change in use and size of the outparcel at the northwest comer of Woolbright Road and S.W. 8th Street from 4,000 square feet of retail commercial to a 3,040 square foot gas station (resurrection of the portion of the May 1991 request that was withdrawn by the applicant); j Page 4 of5 Memorandum No. 97-417 Shoppes of Woolbright PCD, MPMD 97-002 c. Add two new driveways into the proposed service station outparcel - one on S.W. 8th Street and the other on Woolbright Road; d. Allow a canopy over the gasoline pumps to encroach the setbacks due to a difference in the service station regulations in effect in 1986 vs. the service station regulations in effect in 1993; and e. Reduce the building square footage specified on the master plan for Tract B from 62,000 to 55,040 square feet. With this request, the total square footage of the PCD decreased 6,960 square feet from 315, 580 to 308,620. On April 20, 1993 the City Commission approved the request, subject to staff comments. As a result of the traffic evaluation of the proposed service station use, the square footage on Tract B decreased 24,000 square feet from a total of 55,040 square feet (52,000 commercialJretail plus 3,040 convenience store/gasoline sales) to 31,040 square feet (28,000 commercial/retail plus 3,040 convenience store/gasoline sales). Therefore, the total square footage of the PCD decreased 24,000 square feet from 308,620 to 284,620 square feet. 5. February 14, 1995 - request to include the following: a. Subdivision of Tract C to make outbuilding 3 a separate .895 acre outparcel. Tract C is located at the northeast comer of S.W. 8th Street and Woolbright Road and south of the main entrance into the Home Depot. b. Change in the size of the outbuilding 3 from a one-story, 4,300 square foot building to a one-story, 2,625 square foot drive-through, fast food restaurant. c. Change in the building area of outbuilding 2 from 5,000 square feet to 5,755 square feet. d. Change in the building area of outparcel1 from 4,300 square feet to 6,920 square feet. e. Relocation of the existing driveway located on the east side of S. W. 8th Street, 30 feet south, from 290 feet to 260 from the south property line of the PCD. f. Addition of a driveway on east side of S.W. 8th Street, approximately 400 feet north of the south property line of the PCD. This driveway was requested on a previous master plan modification (May 1991) that was tabled by the City Commission; therefore it has been added to this request. With this request, the total square footage of the PCD increased 1,700 square feet from 284,620 to 286,320 square feet. On May 16, 1995 the City Commission approved the request, subject to staff comments. 6. March 13, 1996 - request to include the following: 1 Page 5 of5 Memorandum No. 97-417 Shoppes of Woolbright PCD, MPMD 97-002 a. Decrease the square footage of the 2-story building located on Outparcel I from 6,920 square feet to 5,930 square feet. b. Increase the square footage of the I-story building located on Outparcel 2 from 5,755 square feet to 6,745 square feet. c. Modify the use of the building located on Outparcel 3 from a I-story 2,625 square foot Taco Bell fast food restaurant with drive-thru lane, to a I-story 2,625 square foot non- proprietary fast food restaurant. d. Reduce the floor area of the building located on west commercial parcel 28,000 square foot to 9,970 square foot 180 seat, quality restaurant. e. Modify the existing north property line of the PCD, along the Industrial Access Road, reflecting a reduction in that R.O.W. width from 80 feet to 50 feet. The modifications to the square footage 'will result in a net decrease of 18,030 square feet from 286,320 to 268,290 square feet. On May 7, 1996 the City Commission approved the request, subject to staff comments. ANALYSIS Changes to Planned Commercial Development (PCD) master plans are reviewed consistent with Section 6.F.13.b. of Chapter 2 - Zoning which requires that modifications to approved plans which result in an increase ofless than ten (10) per cent in measurable impacts as determined by including any changes in traffic generated, water consumed or sewage to be collected be reviewed by the Planning and Development Board and finally approval by the City Commission. Since the proposed changes are resulting in a minimal change of the floor areas of buildings located on all three outparcels of the development and are still within the maximum allowed by the court order, no increase in measurable impacts (traffic, sewage or water) will occur. The purpose of this master plan submittal is to reflect the current status of development of Shoppes of Woolbright PCD and to set guidelines for future construction of the undeveloped portion of this PCD. RECOMMENDATION TIlls master plan modification request was reviewed by the Technical Review Committee (TRe) on July 15, 1997. The TRC recommended approval of the request subject to staff comments listed in Exhibit "D" - Conditions of Approval.h JL:dim Xc: Central File SHPSWOOLIMPMD\stalf rpt-PCD.doc s- ~ .. .. EXHIBIT "A" ~ LOCAT\ON MAP- SHOPPES OF WOOLBRIGHT peo I :3"~1 1,1 !,!.,h U./' r" u' '. ,'~Sl' .~., . "i"I1:l:,' ~ 'M . 111.\"1 U .. .'.\s~'ir:"\1 \ . Ci" ~:........ ' . . '" ~o ..\t I ifl'\m " '''' IlJ ~ ._ \,\T .\ 'Iii i," ..' '.-0~%,T I.- .:JWdE \' . .'\ 1; c:,,- .<.:0. ,",,",,'~ 1= ' ' .. " __ I { '~ I~l \ ~ I..~~ i e :ml _ _ ~' 11 . "...\"" C,€' " "1" ,:._ . ~ ,g, " . In ," . II1II '. ....,': H pCD .'~ -~,. i1\\\' ;1:'. . · " .T' r",^, ,,,," 4. rIm :.\\ ,,!')C... , ,; _ ~~~~~:,:,,-_,)j.. ."~ ''i~' ;.. II 011111". 'iIfC'/,' ;:\( ':\1~~n ( ~'. '~:;,; iJ \11\111' ""~ · ~ - ffi1illrJ. . 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FAX (954) 973-2686 May 13,1997 Ms. Tambri Heyden Planning Director City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 RE: Shoppes of Woolbright PCD Proposed Master Plan Modifications Boynton Beach, Florida CCL Project No. 3101 Dear Ms. Heyden: Transmitted to your office under separate cover last month (by Mr. Michael Morton), were revised Master Plans for the project identified above. Please be advised that this submittal was made specifically to request a Master Plan amendment for the above-referenced project. Therein, we are proposing to amend the existing master plan which was last reviewed by the Commission of its 517/96 meeting, as follows: A Outparcel 1 will be revised from a 5,930 S.F. (2-story) bank type facility, which was verbally modified at the 517196 meeting, to a 4,000 s.f. facility, to what is now the Site Plan approved 3,710 s.f. Food Court (high turnover restaurant) for the site. B. Outparcel 2 will be revised from a 6,745 S.F. (1-story) 'retail type facility, to the new Site Plan approved 6,492 sJ, Discount Auto store. c. Outparcel 3 will be revised from a 1-story 2,625 SF Non-Proprietary Fast Food Restaurant with drive-thru. which was verbally modified at the 5f7196 meeting, to a 3,175 sJ. size building, to what is now the Site Plan approved 2,911 s.f. Burger King restaurant with drive-thru. ...,..,. 9 Ms. Tambri Heyden Planning Director City of Boynton Beach May 13,1997 Page Two ,- D. Modify the are north of the existing Home Depot Garden Center, by combining the 14,095 s.f. and 25,000 sJ. commercial building pods into one (1) 39.095 sJ. pod, aliowing for temporary parking and the ultimate parking drive/service drive when development is completed. E. Modify the existing North Property Line ot the PCO, along the Industrial Access Road (Morton's Way), reflecting a reduction in that R.O.w. from 80' to 50' width. Based on the Master Plan modifications outlined above. the following proposed water. sewer and drainage impacts are anticipated as compared to the currently approved Master Plan. l. Existing Plan currently shows: Outparcel #1 / Water & Sewer A) 5,930 sJ. Comm x 0.1 GPO/sJ. -= 593 GPO B) 593 GPO'" 350 GPO/ERC = 2 ERC's (1.69) Outparcel #2 / Water & Sewer A) 6.745 sJ. Comm x 0.1 GPD/sJ. = 674.5 '::;PD B) 675.5 GPO... 350 GPO/ERC = 2 ERe's (1.93) Outparcel #3 / Water & Sewer A) 3,175 sJ./93 seat restaurant x 50 GPO/Seat,., 4.650 GPO plus 50 GPO/Drive-in car space x 5 spaces'" 250 GPO B) 4,900 GPO... 350 GPO/ERC'" 14 ERC's Drainage (overall) Total pervious area = Total impervious area = 358,518 s.f 1,069,814 sJ. II. Proposed Plan shows: Outparcel #1 / Water & Sewer A) 3,710/83 seat restaurant x 50 GPO/seat = 4,150 GPO B) 4,150 GPO'" 350 GPDtERC ,., 12 ERC's (11.86) CCL CONSULTANTS, INC. /0 Ms. Tambri Heyden Planning Director City of Boynton Beach May 13, 1997 Page Three Outparcel #2 / Water & Sewer A} 6,492 sJ. Gomm x 0.1 GPO/55. :: 649.2 GPD B) 649.2 GPD + 350 GPO/ERG = 2 ERG's (1.85) Outparcel #3 I Water & Sewer A} 2,911 s.f.l84 seat restaurant x 50 GPO/seat = 4,200 GPD plus 50 GPO/Drive-in car spaces x 5 spaces;:: 250 GPO 8}4,450 GPO + 350 GPO/ERG = j3 ERC's (12.71) Drainage (overall) Total pervious area = Total impervious area ;;; 359.325 s.f. 1.069,007 s.f. III. Net change if approved: Outparcel #1 - increase of 10 ERC's Outparcel #2 - no change in ERC's Outparcel #3 - decrease of 1 ERC TOTAL:: increase of 9 ERG's Drainage (overall) TOTAL:: increase of net pervious area for entire peD by 807 s.f. Should you have any questions or need any additional information. please do not hesitate to contact me. Sincerely, GGl Consultants. Inc. Richard G. Wohlfarth. P.E. President RCW:BAN:wmg-k cc: Mike Morton, Tradewinds Gro\.:p K:\\'VEN[;lY\wpdOl::$\BAM3101lrtl"C\ll" wpd CCl CONSULT/iNTS, INC. - EXHIBIT "e" J~ .--..----------------- -- -~--- \\\ \\W\\ it" Iii ;\\,\~ 1.'\ .It \~!!$~ \\ . : \\\ i!\ii~\ \h ~ \~~ \~~~l~ "" ~t; ~ ,\ :ni:\~ h ~ ~~ ~ ~ ! \11 ;a~!i~i \!-j ; ~~ ~ ; i~~;i i~~\ ~ ,1 @~...'o -. 0'" ~ -,' II "il-t. ; ~i~ = . ~ '. !. l' l\~l~ \\ :: \ !~ i - , !~':i I ~ j~ W l{\r r ",.~..w..: .=_;;...~. ~ SttOcJtEs ~F WOOLB"RIGKT ~~~ =...t:'_'0tl.~~/~., ._ .. .,.. .:..J.--;'i '*I~D1 'I !J..2' . .~ - - :--= t . ~=~i1': ~\~ ~~~ .. t1t."'" i ::11 .~ ~t. -." .~\ ~~t. : o~.. ~ t..'!" . ):.. . :~~ i .t; 1 ...t \ ~i :; i .. , ~ , . .' '. t . .} .'\ '~.. 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II I 10 .:=.-. , ; "... 0" . - : .0. ". il "I ... I' '''.r I ~_ i gii:l!i ~;! ;;;; ; ,# : i . ~ ; ~ 5~ni!~i~nl11! i ~;i:! [ ;101 li;~i~~ Iii : Ilj:nl;lll'!lI..111 !:,.,i,:; ,i f ". gi .~i .. I .1.' II[I'I:! I .. ' ! li!~.= i ~ i :;I~ r.ll~ JI~~~ ;:;:1 f Ifh -fl"!~ r I' !J!J!l..llli 1111 'l'i' i n f i~ ii i j',:,l',ll!lil'!i,i 'f hlill f= . ~ll.ltllf..... bU. J ..!II. ..!JI..,.I, IfiI SHOPPES OF WOO BRIGHT /tp ~ ~ BEiat. FLORIIl ar""- .u "lI[lN ..-....""..- IWdr( " Aaaoc;.ln ~ArdwilectS'~ \551 ForumPl8ce Sumi .K)QA w-IIPIIlrnBuctl.fkll:ida33401 =~ II') I: \ Iii , I: .......... ? " H :E H " ti ~ ~: . i! o " ~ f; 5 I . ! , , i , . . ~ , . \ , , : : ! . , . , , ~ 0 I ~ ~ I: \~1 \~ c; \ \" \d . o ~ . I i :~iHlt~(H '(i 'j! =I,n.l!!:! II. i I:fil!H::i J, III illl;!i;;11 !i Iii' :i~~i~. h I ! mlli!illlll 'I' I ....li'.I~hl! if ,.- ,- . ' 1 ~:tr'il~. i: 1 i hiJ!I':~1 11 II ':!'i!Il:, II ,. I 'Ij.l..."ll~ l! I"'t ~I;I ( ~I 'I (. I.,,!... :, f. ..!~n~:!! ;; t lI!r~lll.ll... t" ! ,11'1"" if . '1'1 'I' .\ t I~' 1"'( ~ .,. i ,WI !I:: !; . l.lll"-j " , .\1. .~.. iii :i lI!"IJ,:;~L I. '1"';'l'I' '1 I~ ='i :; I. " .,i"l'jl,' !i ~\I { t I " ". F'/~ Nt>. MfflfD 1~~tM RESOLUTION NO. R95-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT PLACE, JOINT VENTURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Tradewinds Development Corporation and the City of Boynton Beach have heretofore been engaged in lengthy litigation over the development of property located in Boynton Beach, Florida, which litigation is subject to stipulations and judgments entered in Palm Beach County Circuit Court, Case Nos. CL 86-3661 and CL 87-1638 AE; and WHEREAS, Howard Scharlin, Trustee for Woolbright Place, Joint Venture, is the successor in interest to the rights of .1 Tradewinds and is the sole owner of the property which was the subject of the above referenced litigation; and WHEREAS, the parties desire to enter into an Agreement, which shall supersede all previous agreements, stipulations and judgments concerning the rights of the parties as it relates to the development of the subject property; NOW, THEREPORE, BE IT RESOLVED BY THE CITY COMMISSION OP THE CITY OP BOYNTON BEACH, PLORIDA, THAT~ Section 1 The Mayor and City Clerk are hereby I authorized and directed to execute an Agreement between the ,'City of Boynton Beach and Howard Scharlin, Trustee for , Woolbright Place, Joint Venture, which Agreement is attached " hereto as Exhibit "A". :i 'I i Section 2. That this Resolution ,j effective immediately upon passage. shall become I :1 PASSED AND ADOPTED this /6 day of ~#V , 1995. , ,I " I' ! !i i I ,I II , 'I I il 'I ATTEST: , >~~~9>t~.../}... , Ci Y Clerk (Corporate Seal) Al,lth.11J,c:1oc 'l'rldhl1ndl. 'Inl1AII'I' 4/12/95 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is entered into between THE CITY OF BOYNTON BEACH ("CITY"), and HOWARD SCHARLIN, TRUSTEE for WOOLBRIGHT PLACE , JOINT VENTURE ("SCHARLIN") , this /~ I ,'" /," l~:...---( , 1995. ~ day of WITNESSETH WHEREAS, TRADEWINDS DEVELOPMENT CORPORATION, acting for the Woolbright Place Joint Venture ("Woolbright") and the CITY have heretofore been engaged in lengthy litigation over the development of property located in Boynton Beach, Florida, which litigation is subject to stipulations and judgments entered in Palm Beach County Circuit Court, Case No. CL 86-3661 AE and CL 87-1638 AE; and WHEREAS, Howard Schar1in, Trustee for Woolbright Place, Joint Venture, is the true party in interest to the rights of TRADEWINDS and is the sole owner of the property which was.. the subj ect of the above referenced litigation; and WHEREAS, Scharlin desires to enter into an Agreement with the . . CITY which shall confirm the good standing of the parties under the stipulations and judgements entered in the above referenced litigation, and; WHEREAS, the parties have engaged in negotiations which are intended to resolve all current and future development issues with respect to the real property identified in the above referenced litigation, including issues involving the interpretation of the previous stipulations entered into between the parties and the Court Orders implementing same; and Final 5/16/95 " WHEREAS, the parties have agreed upon the terms that will bring the litigation between them to a final conclusion in a manner which is equally beneficial to all interested parties, and to the citizens of the CITY; and WHEREAS, SCHARLIN has represented to the CITY that Scharlin is the only party who holds legal title to the property which is the subject of this litigation and represents all those with equitable interests therein, or who has standing to enforce the stipulations and Orders entered into in the above referenced litigation. NOW, THEREFORE, in consideration of the mutual covenants expressed and exchanged herein the parties agree as follows: 1. The foregoing whereas clauses are true and correct. 2. All references to SCHARLIN herein shall mean Howard SCharlin, Trustee as authorized representative of owners of 100% of beneficial interest in Woolbright, his successors or assigns. 3. INDUSTRIAL ACCESS ROAD: SCHARLIN shall construct the industrial access road centered within a 50' public right-of-way along the northern boundary of the PCD within twenty-one (21) months of the date of this agreement including, but not limited to, curbs and drainage. In return, the CITY agrees to abandon or convey to SCHARLIN the southernmost 30' of the industrial road right-of-way. The road shall be built in accordance with applicable design standards and with the typical cross section depicted on attached ExhibitIA". The design shall incorporate ~ west bound left turn lane on the industrial access road onto S.W. 8th street, a sidewalk along the north side of the road from S.W. 8th street to Final 5/16/95 the eastern terminus of the road, with curbs and gutters along both sides, and a continuous ficus hedge along the property l~ne which separates the PCD from the vinings Developmenb. SCHARLIN shall provide surety for the roadway improvements in the man~er prescribed by the CITY's Land Development Cod~. The CtTY agrees that SCHARLIN may have no more than three (3) points of ingress and egress to the PCD from the industrial access road, provided the access points are located following the customary approval process for the location of drive~ays. 4. LANDSCAPE BERM. In addition to other berms or walls which are required to be constructed in the PCD or PUD, SCHARLIN shall construct irrigated landscape berm along the west boundary of the PCD and PUD, less the church parcel, within three months of the execution of this Agreement. The berm height shall be measured from the elevation on the Leisureville side of the berm and may consist of five (5) feet of earthen berm and a ficus hedge. The berm shall be landscaped along its high point with a continuous ficus hedge planted and maintained in accordance with the memo dated May 11, 1995, a copy of which is attached hereto as Exhibit IIC". 5. VESTING: The CITY agrees that any and all CITY and County impact fees which are required to be paid for the PUD and PCD shall be calculated at the fee rate in effect in November, 1986 and the CITY shall collect such 1986 impact fee from the applicant as development orders are issued and as a condition precedent to the issuance of any building permits. SCHARLIN shall pay all other building and permitting fees in effect at the time of applic~ion. Final 5/16/95 To the extent that a category of impact fee did not exist in 1986 and was thereafter implemented by the CITY and/or County SCHARLIN shall not be required to pay such fees. The CITY is not a party to any agreement between SCHARLIN and Palm Beach County regarding County impact fees. The CITY shall remit to the County any impact fees paid by SCHARLIN to the CITY for County impact fees but the CITY shall have no additional liability to SCHARLIN or the County if the County demands additional fees, and SCHARLIN shall hold CITY harmless from any such liability. 6. USES IN THE PCD: The parties agree that all uses permitted under current PCD or C-J zoning regulations are permissible in the boundaries of the current PCD, subject to conditional use approy~l by the city Commission when so designated in the City Code.. By way of exampl e: fast food restaurants are a ~: are a conditional usef'V iJ permitted use, restaurants with drive thru requiring Commission approval. 7. FORCED AIR BURNING: The CITY agrees to permit one (1) controlled air/forced air burning on the site, from the date of this agreement, subject to Fire Department approval and proper atmospheric conditi~ns. 8. GARDEN CENTER/ACCESSORY USE: The CITY acknowledges that the Home Depot Outdoor Garden Center is an accessory use and that said Garden Center shall not be included as part of the retail gross leasable area. 9. REVIEW PROCEDURE: The CITY and SCHARLIN agree that the development review procedure attached hereto as Exhibit "B" shall be implemented and applied to all applications by SCHARLIN for Final 5/16/95 further construction permitting on the property. The CITY further agrees that upon receipt of applications as required by applicable ordinances, it shall process master plan modifications and site plans in accordance with the schedule attached as Exhibit "B". 10. SCHARLIN shall be required to bond all required subdivision improvements including on and off-site improvements required by CITX Code. 11. MASTER PLAN MODIFICATION: Nothing herein shall prevent SCHARLIN from seeking modification of the current master plan. Notwithstanding any previous requirement, additional commercial buildings need not be attached to the Home Depot Garden Center. Master Plan modifications shall be conducted in accordance with the procedures in place at time of application for same. 12. PHASE DEVELOPMENT: The CITY agrees that SCHARLIN shall have the right to phase development of the PCD and/or the PUD as well as sever portions of the property from the PUD or PCD, provided, however, that the phasing of any improvements which are required by the subdivision and platting regulations shall be in accordance with the revised master plans submitted by SCHARLIN and approved by the CITY, and phasing of said improvements is reasonably related to the land uses that are proposed in the particular phase. 13. ADDITIONAL CURB CUTS: Notwithstanding any prior agreement, SCHARLIN may request additional curb cuts along S.W. 8th Street. Approval shall be subject to customary review and hearing for traffic flow and safety considerations. 14. RELEASE AND SETTLEMENT: Upon execution of this Final 5/16/95 Agreement by both parties and approval by Court order all prior stipulations, agreements, letters of understanding, negotiations shall be deemed in good standing and satisfied and the future rights of the parties shall be governed by this Agreement and the applicable provisions of the CITY Code of ordinances, as that Code a General SCHARLIN shall provide to the CITY ~ ~. /..-, ri' Release from SCHARLIN, yl oJ ~-,./, #-<:j?.7 / /'. ." ) d.,4-' 71\ , ".,,-~~ ~.........-- V<...... l 'i' - Y jJ WOOLBRIGHT PLACE, JOINT VENTURE, and MICHAEL MORTON is amended from time to time. . !A-~ I r releasing the CITY from all claims or actions accrued or outstanding which either has or may assert against the CITY, except those claims or actions which may accrue in the future based upon ei ther party I s failure to comply with any provision. of this Agreement. 15. COMMISSION/COURT APPROVAL: This Agreement shall have no force and effect until approved by a majority of the CITY Commission and the entry of an Order approving a stipulation for Settlement and Dismissal referencing the terms of this Agreement. 16. ATTORNEY FEES: SCHARLIN shall pay to the CITY Five Thousand ($5,000.00) Dollars, representing attorney fees and costs incurred by the CITY in this action. 17. CODE COMPLIANCE: The parties agree that unless herein stipulated, all current and future activities will be governed by City Codes and Regulations in force and effect upon the date of application for an activity. 18. REQUIRED IMPROVEMENTS: SCHARLIN agrees to complete construction of all required improvements including, but not limited to, the industrial access road referenced in paragraph 3 Final 5/16/95 above, and previously required landscaping. SCHARLIN further agrees to provide 110% surety for all required improvements and to complete the required improvement within twenty-one (21) months of t~e date of the CIT~ CommLssion acce~tanqe o~this ~greement. 19. RIGHT-OF-WAY LICENSING AGREEMENT: The parties agree that the Grant of License by the CITY to SCHARLIN as recorded with Palm Beach County on December 11, 1990 (90-352210, Official Record Book 6667, Page 103) remains in full force and effect. The parties agree to correct an error in the legal description contained therein. 20. ENFORCEABILITY: Nothing herein shall constitute a waiver on the part of either party to seek judicial enforcement of the terms of this Agreement. This Agreement shall be binding on all successors or assigns of SCHARLIN. THE CITY OF BOYNTON BEACH by: ATTEST: JAC/lms 900304 AGREE. 1 (CITY Seal) - 1-9,- Joint j Final 5/16/95 z - - \J\ II - - - 't \J f .~ \ ~\ .Jlti6. llt '1 ~~ ~: ~\ ~--- -. "i' , ~ , " "" , 1 f" ~ 1\:0" \ Htt 1> ~ \~. \\.\."-, \l.. ~~~"\~'-/ ~~ 1- '; \) \ ~ t .~ .', 1 J tt " v, . t . . ~ '3 " i a~ 1 :':', ~ ~ll\ ' \I'~ - ~', ~ t r " - ta \:: " -r \l'4\~ to ..', t& '" ~'. ... .' Q,I t4_ - - - - - - -Q U) - \ i \,\ \\ \ \ \ - - - ~ -, ~ ~ \J 1: ~ I-e, ~ - - \ --- "'/ \ \\ ~.- i\i . ~\\) 0 ~ - y . 'j"~ c;:t. VI.... \\! J 3 \ ~~~ -~ t ~t~ g. ~ SIJ.~ C:J ''2~) & , ~~-~ - \,.'" t ~ \.~ ~ t Vl ~~ ~ <:) ~~ ~\~ --- ~ 'i':;;ju.~ ~ n -< Q ~~~~1. l.?i. s~~ 3~ R ~~~~1 ~ ~~~ j' -'-'J ()... \J ,\I \-:~~ 't \- \:5 -~ \.\- "''' '4J~1~~ ~ WI;) tl,.; \1\ ~v . -- - - EXHIBIT B The following procedure shall be implemented and followed by both SCHARLIN and the CITY in the filing and processing of all requests for development approval: step 1. SCHARLIN contacts the Planning Director to Schedule a pre-application meeting. step 2. Written documentation outlining request should be submitted to the Planning Director no less than five (5) business days prior to pre-application meeting. This will permit the Planning Director to make appropriate inquiries of other staff members. Step 3. Pre-application meeting with staff. Staff will provide comments at this meeting. step 4. Formal submission of application by Tradewinds. step 5. Staff will review application within ten (10) business days. Step 6. Planning Director will provide written response on or before tenth (10th) business day following submission. Step 7. Application will be placed on the P&D .agenda for next P&D meeting, if P&D meeting will occur within two (2) weeks. If P&D meeting is not within two (2) weeks, a special P&D meeting will be called. Developer may, at its discretion, request delay of the Planning and Development Board meeting but such request must be in writing. step 8. FOllowing P&D action, application placed on next city Commission agenda. Final 5/16/95 '. In the event that public notice is required by city ordinance or state law for public hearing, then in that event, the scheduling of meetings under Step 7 and Step 8 shall be extended to meet the notice requirements of law. Final 5/16/95 PALM B~A(.:tl PHONE ("07)m'?f'~ lBiSUU.ViIJ...: COMMUNITY ASSOCIATION, INC. 1001 OC!AN DAIVl! I IOYNTON II!ACH, I'LOIllOA :13421 MEMO . To: FrolDl Subject; Date; CAllRIE PARKER, CITY MANAGER. PETER 1. KELLY, PRESIDENT, PALM BEACH LElSUllEVILLE MEETING REGARDING BERM ETC. 8TH A VB May 11, 1995 Today, r met with Mr. Houlihan. Mr. HaJJ and Mike Monon. ThI. meedlll wu ca/locl 10aether by Mr. Ken Han. Mer discuSllon, the CollowillS was aareecl upon pCllClin. approval 9rthc City Manapr. 1. Berm to be minimum oC S Ctet IIIp with . 3 pl. Hed,. planted on top. ThI. berm iJ co be capered and hed,e planted to point oflnterJlctlon of'old cI: new road. 2. Hedse to be continued Itom that point to the utlDty box on weat ald. oratb Ave. and will be I SSal hedS" 3. Irrisatlon win be connected Into PB Lelaurevi/l.lrrlptlOD tyttem. 4.Mr. Morton will do the berm planMI IDd IledaJnS and all connections to mlltion system. S. He will be respollSl'bl. Cor maintainin, tb. .ntlre berm and be responJlbI. tor the implion. , . 6. PB Lci.urevil/. wiD malntaln the hedS. ft'om the point of'lnt.rsect1on to thollld otthc hedS.. We will also inipto the area. All the abo.... condldona aro ...ed upon only Itthey IF'" with th. conditloN ..t Corth by M.: Carrio Parker, City ManaICl'. T1wIIc: you. 7171 0111 ,- /t,I CaJClopI. CG. ,/lOIII' C/07,~7?-(,tI U. at U '--.-='l C . ....., .....- ., .3L.. ~. ...,. . - .. .... ...... ,....-...- .... --.--, THIS lillY_MY _AltO" .. REYUIlI TO: JAMS A. QIEROl'. IICIUIRI JOliIAS & GORIi/I. P.A. 3099 Ioat t~l.l Ioul....... Suu. 200 Fort L.uderdale. 'L 33301 DJJ1!lur. ULJ!:ASB KNOW ALL KEN BY '!'HESE il.kES..NTS: That WOOLBlUGHT PLACE JOINT VENTURE, first party, for and in consideration of the sum of Ten and NO/100 ($10.00) DOLLARS, or other valuable considerations, received from or on behalf of THE CITY OP BOYNTON BEACH, second party, receipt whereof is hereby acknowledged. (Wherever used herein the terms "first party" and II seoond party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of cOJ:porations, whArs"er the context so ac:lll\its or requires). HEREBY remise, releas.., acquit, satisfy, ~orevller...~isc\larCJe. /l4?i\l..""'- 1lo"'1f1....4~,..P"!.~~._4 r ^. e._",",,* Hflu.h.JItI'f"'...... said second party, ~~"'~d r5itl tl~t~Jcrall mcuri;~.; of action i the and actions, cause and causes of action, suits, debts, dues, suma of III.Oney, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespassec, damagQs, judgments, executions, claims and demands whatsoever, in law .~r ;,r, equity, which said first party ever I1ad, now has, or which. any personal representatives, successor, heir or assign of said first party, hereafter can, shall or may have, against said second party, tor, upon or by reason ot any matter, cause or thinC) vhat..oever, frOlll the beginning of the world to the day of these p~esenta. IN WITNESS WHEREOF, I bave ~1ereunto set my band and eoal this ~ day of JJuv.,,,,,!-,. , 1995. Signed, sealed and dolivered in the presence of: (~ti .JlZrld /. . /.tm~ gt:iI7~;'n. ! Printed Name, CJ.J ~ ~ ~.V..d.."~- print~ Name ~"--'-"'.'.,- / VENTURE ~L-. BY:,,,.' ( rint name) STATE OF FLORIDA ) ) COUNTY OF ) I HEREBY CERTIFY that on thie day, before me, an officer duly authorized to aaminister oaths and take acknowledgements, personally appeared "RowaN! 1I....1'..J.arl/,.. the ~....-"'u of WOOLBlUGHT PLACE JOIN'l' VEN'l'tJRE, known to me to be the person deecribed in and who exiilc1J.ted the foregoing instrument, who acknowledge before lIle that he ax:ecuted the same, is personally known to _ and ~ ~:! ~ ~a!,. not taken. . Witness my hand and official seal in the county and State last aforesaid this eJi..' ~ay ot' _ AJ,yt!-"~ , 19.z.L. (kh~L ^iL_d / NOTARY PUBLJ:C 'g' Printed Name My Commission Expires: .. JAC/l.. fClGIlI4 IlClOLln. .IL . ~', ......1" ICINL\ IANOIIZ Hm/lJC'l ftllIUC "'Aft 01 JILDU)A a>MM&ION NO. CC3Il14l1 MYCOMM\!IllION EXP. LY 41'" THIS INSTIUMEIT PREPARED IT & RlTIWI TO: .lAIlES A. CllUDf. IIlIUIU JOIIAS & GOREa, '.A. 3099 Ean C_rc:ial .....1......., sulU 200 Fort Laudlrdale. FL 33301 GBNERAL RELBASB :KNOW ALL MEN BY TRESE PRESENTS: That HOWARD SCHARLIN, first party, for and in conside.t'ation of the sum of Ten and NO/lOa ($10_00) DOLLARS, or other valuable considerations, received from or on behalf ot THE CrTY OF BOYNTON BEACH, second party, receipt whereof is hereby acknowledged. (Wherever used herein the terms "first party" and "second party" shall include .inqular and plural, heirs, legal repra.entative., and assigns of individuals, and the Buec...ors and assigns of corporation., wherever the context so admits or requires). HEREBY remise, r.6leas~, aCCJl':it, .:.r~fY, and forev.r di.charge J 4l /10)."'...... e,.....,~.... 1- p".'<!!~ 1;,0..;" Il.;.i~ rIr1"~ bc_u...1I' the .aici .econeS party ~~~dr~o~~~l',i1rn;t&ll~nn.~"of action and actions, cau.. and causes of action, suits, dabts, dues, sums of money, accounts, reckonings, bond., bills, specialties, cov.nants, contracts, controversie.. agreaments, promi.... variances, tr.spas.ea, daMages, judgments, executions, claims and demancia whatsoever, .Ln law or in equity, which .aid til:'st party ever had, now haa, o~ which any per.onal repre.entative., successor, heir OJ':' aSRign 0:; ..aie:; t:irst party, hereafter can, shall or may have, against said aeconci party, for, upon or by rea.on of any mat:ter, cau.. orl thing' whataoever, from the beqinning' of the world to the day of these presents. ~ . IN WITNESS WHEREOF, I ~ day of JJ(IlI-t~~ have hereunto set my hand and ..al this , " J,99S. sig'ned, .ealed and delivered in the presence of: ( ~/b;' k~~ !<P//la. .fon~h~z _ Printed Name ~ ~~..~~ E\Ja~e{;'M- e. \JidA~"1- Printe Name . /7J~;\ / / .' HOWARD s~ BY: STATE OF FLORIDA ) ) COUN'l'Y OF . ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledC)ements, personally appeared HOWARD SCHARLIN as of , known to me to be the person describCld in and tiiho executed the foreg'oinll instrument, who acknowledlle before me that he executed the same, is per!lonally known to me and an oath was not taken. Witness my hand aforesaid this g~ and official seal in the County and State last day of 11J/JV~Wl-"o#r , 19ft". ( ~/../Lk""i'.u~/ NOTARY i'UBLIC Printed Name My Commission Expires: JAC/l.. 900304 SCHAllLIN.REL ICIiNIA SANCHEZ NOI'AIY I'UIUC Sf ATE OF FLORID". CXlMM&ION NO. CC381140 ' MYCOMMISSIONEXP. :rUN; 03/ ~;)~ ~.; . ...ro..' ......... 1;:10 FAX 1 .07 241 0646 1I0RTON GROLl' 1llI002 /f9& -/..5 -. ~ nnJ:!NnTl'M 'T'n c:l:!'Pt'1'.J:'MmJ'T' A~'A~ THIS ADDENDUM is entered into this 6th day of February, 1996, between the CITY OF BOYNTON BEACH ("CITY") and HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT PLACE, JOINT VENTtlRE ("SCHARLIN"). WHEREAS, the CITY and SCHARLIN have heretofore entered into a Settlement Agreement which bears the dated of November 7, 1995, and which was signed ~ the CITY on May 17, 1995 and ~ SCHARLIN on June 21, 1995; and WHEREAS, an aciQitioMl issue of signage for the Cracker Barrel store and restaurant has arisen which is susceptible to resolution within the context of the Settlement Agreement; and WHEREAS, the parties are amenable to amendment of the Settlement Agreement ~ Addendum, leaving all other terms and conditions thereof fully and completely intact. NOW THEREFORE, in consideration of the mutual .:ovenants expressed herein, the parties ~qree as follows: 1. The foregoing "whereas. clauses are true and correct. 2. The Settlement A~reement is her~ amended as follows: A. A new Section 21 is added as follows: SCHAlU.!N shall be permitted to locate one pylon sign on property, to be conveyed to C:racker Barrel, adjacent to the Interstatt< 95 for the purposes of signage for th~ Cracker Barrel store and restaurant beinq constructed. in the Woolbright Place PCD. The sign Shall be of a si~e and configuration as depicted on Exhioit "A" and shall be solely limited to ider.tifyinq the Cracker Barrel store and restaurant. There shall be no directional language in the content of the sign except " Exit * _, 03/18/96 , }{O~; ..... .", .1........1.... ,..... 1 407 241 o~.:.ti lIUi-TO!. W<LJul' ~UUJ West". In all other respects, the sign shall be constructed in accordance with the applicable Building Code. Approval of this sign is conditioned on the construction and operation of the Cracker Barrel store and restaurant in the Woolbright Place PCD/POD. In the event the Cracker Barrel sUbsequently ceases operations, the sign and sign structure shllll be removed with a period of 90 days fOllowing the oiiscontinuance of that business. B. Paragraph 15 of the Settlement Agreement shall be amendea as follows: JAC/lmh 900304 ADOENDUM.l COMMISSION APPROVAL: This Agreement shllll have no force and effect until approved by a majority of the City Colllllission. THE CITY OF BO'iN'I'ON ElEACH By: ATl'!ST: (City Seall Trustee of Joint venture RESOLUTION NO. /lP6-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN ADDENDUM TO THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT PLACE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach entered into a Settlement Agreement with Howard Scharlin, Trustee for Woolbright Place, a Joint Venture; and WHEREAS, an additional issue regarding signage for the Cracker Barrel store and restaurant is outstanding and subject to resolution within the context of the comprehensive settlement reflected in the Settlement Agreement; and WHEREAS, the City Administration and representatives of Howarc' Scharlin, Trustee, and the Cracker Barrel have met and reached a tentative resolution of the sign issue which requires commission approval. " j NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized to execute on behalf of the City, an Addendum to the Settlement Agreement heretofore entered into between Howard Scharlin, Trustee, and the city of Boynton Beach. A copy of the Addendum is attached hereto as Exhibit "A". JAC/lrrll 212196 900182.88 TRADEWND.ADD Page 1 of 2 section 2. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THIS ~ DAY OF N.t8RuAiEV, 1996. CITY OF BOYNTON BEACH, FLORIDA BY' 4...f/r Mayor , 'r\ " . . \~:, (- Vice Mayor l~-'- ./ Co issioner ,- / ~-... .-: - r Jt,~.....i~ -,.~~,- " Commission j Commissioner ATTEST: .~ ~ ~~ ,,~"../ .CI CLERK I HEREBY CERTIFY that I have approved the form of this RESOLUTION , .1 ;! ~,.... l - I. / ) I _ . it (,/-i .~<- /t1l"t (. - ,.JAMES A. CHiROF CITY ATTORNEY JAC/lmh 2/2/96 900182.88 TRAOEWNO . AOO Page 2 of 2 MEETING MINUTES REGULAR CITY COMMISSlm BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 r This Item was removed from the Consent Agenda for clarification Approve request for master plan modification for the Shoppes of Woolbright PCD to modify the previously-approved Shoppes of Woolbright PCD master plan to move north. approximately 40'. the driveway that is located on the east side of SW 8'" Street between Outparcel 1 and Outparcel 2. reduce the floor area of Outparcel 1 from 4.000 square feet to 3.710 square feet. reduce the floor area of Outparcel 2 from 6.745 square feet to 6.492 square feet. reduce the floor area of Outparcel 3 from 3 175 square feet to 2.911 square feet. detach from Home Depot the commercial buildings located north of the garden center. and combine the two southern-most tenant spaces POSTPONED FROM AUGUST 19, 1997 MEETING J Approve request for Shafiqul Islam for a variance to the Land Development Regulations Chapter 2. Section 5.C.2a. to allow an increase in the height of a proposed single-family home to 35' from the maximum 25' allowed ......... POSTPONED FROM AUGUST 19, 1997 MEETING ThiS item was removed from the Consent Agenda for discussion K. Approve continuation of contract to perform work on Woolbright Road medians in the amount of $26.105 from C. I. P Account L. Approve Police Department's request to make two donations of $1,000 each to the Boy Scouts of America, Gulf Stream Council, and Boy Scout Troop 362 in the City of Boynton Beach Item T' was moved up on the agenda during Agenda Approval to Item III-Announcements & Presentations. Item B.2.a. Motion Commissioner Jaskiewicz moved to approve the Consent Agenda with the correction to the minutes of August 19'". and removing Resolution C.2 and Items Hand J. Vice Mayor Titcomb seconded the motion which earned 4-0. Item IV-C.2 Proposed Resolution No. R97-143 - Re: Authorize execution of agreement between Bryant Miller and Olive and the City of Boynton Beach for lobbying services during the Special Legislative Session on education In hiring this firm, Commissioner Bradley had some concerns about the City getting everything it needs from a lobbyist. However, he was reassured by the City Manager today that this is the right firm for us, He also expressed some concern about the fact that from a perception standpoint, it might have been better for the Commission to interview a group of firms and then make the selection, Commissioner Jaskiewicz said she has been in contact with the Education Advisory Board, They are very concerned that this is a critical time for us to strike since the Legislature has appropriated more money and money is available from the tobacco settlement. The members of that board are ready to 8 ill uuu~ s:?3"'-' -- ._~... .-. aANNING AND MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEI TING Hl!l1I:lmGDD'T. COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 26,1997, AT 7:00 P.M. PRESENT Lee Wische. Chairman Jim Golden. Vice Chairman Mike Friedland Stan Dube Pat Frazier Maurice Rosenstock James Reed. Alternate Tambri Heyden. Planning and Zoning Administrator Jerzy Lewicki. Assistant Planner Michael Pawelczyk. Assistant City Attorney ABSENT Jose Aguila Steve Myott. Alternate 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:00 p.m. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Wische introduced Vice Mayor Jamie Titcomb. 3. AGENDA APPROVAL Item 8.C.3 was moved up to be heard before Item 8.C.1. to accommodate the citizens who came to speak on this item. Motion Mr. Dube moved to approve the agenda as amended. Vice Chairman Golden seconded the motion, which carried unanimously. 4. APPROVAL OF MINUTES No additions. deletions. or corrections were made to the minutes of the last meeting. MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 26,1997 Motion Mr. Rosenstock moved to approve the minutes of the August 12. 1997 meeting as submitted. Mr. Friedland seconded the motion. which carried unanimously. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department 1. Final City Commission Disposition of the agenda items from the last Planning and Development Board meeting This item was postponed until the arrival of Ms. Heyden. 6. SWEARING IN OF WITNESSES Attorney Pawelczyk swore in all those who planned to testify this evening. At this time. Chairman Wische introduced the members of the board and Attorney Pawelczyk. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department 1. Final City Commission Disposition of the agenda items from the last Planning and Development Board meeting Ms. Heyden reported the following: . The BGllndustries Zoning Code Variance was approved. . The Lee Manors Isles Subdivision Zoning Code Variance for an increase in the height of a single-family home from 25 feet to 35 feet was postponed until the September 2. 1997 City Commission meeting. . The MeLear PUD Master Plan Modification was approved subject to staff comments and the Planning and Development Board comments. . The Shoppes of Woolbright PCD Master Plan Modification was postpone until the September 2na City Commission meeting. 2 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 26, 1997 . The Boynton Beach Mobil Village Community Design Plan Appeal for the dumpster enclosure was denied. . The ARC of Boynton Beach Site Plan (ACLF) was approved subject to staff comments and the Planning and Development Board conditions. . The Woolbright Medical Office Site Plan was postponed until the October 7" City Commission meeting. . The Boynton Beach Mall, Department Store 'F, Site Plan Time Extension was approved. . The Palm Walk Adult Congregate Living Facility concurrency and conditional use time extension was approved subject to staff comments. Mr Dube asked if a liquor store is allowed in C-2. Attorney Pawelczyk advised that the sale of beer and wine is permitted in a C-2 district however, the sale of alcoholic beverages is prohibited. 7. OLD BUSINESS None. 8. NEW BUSINESS A. Public Hearings Zoning Code Variance Description: Mobil Gas Station and Convenience Store Anna Cottrell Mobil Oil Corporation 2605 S.W. 1 5'h Avenue (northwest corner of Woolbright Road and Congress Avenue) Request for a variance to Chapter 2 - Zoning, Section 11.1.3.d(1) of the Boynton Beach Land Development Regulations to allow an access driveway located 65 feet, rather than the required 110 feet, from the intersecting right-of- way lines of Woolbright Road and Congress Avenue. 1. Project: Agent: Owner: Location: 3 ~ MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 Vice Mayor Titcomb also attended the Planning & Development Board meeting. He explained that Delray Beach IS currently going through a debate about "mansionization" This is an Issue the City of Boynton r Beach will be dealing with soon. In addition, during the Visions process, there was discussion about the need for higher end housing in the City Therefore, he feels further discussion is warranted either through a workshop or Commission discussion about this type of application. Also, there was discussion during the Planning & Development Board meeting about the fact that this particular request was not a hardship case and did not necessarily fall under a variance area. Vice Mayor Titcomb is hopeful that a discussion will help in finding a mechanism for assisting people who wish to move into the older coastal neighborhoods and "spruce" them up. Mayor Taylor also attended the Planning & Development Board meeting. He realizes this is an odd-shaped lot on Intracoastal property in an area where we are trying to develop some upscale housing. The applicant is trying to conform with the setbacks. Mayor Taylor does not have a problem with the applicant's request and is happy the applicant asked for a postponement to try to work out this situation. Motion Vice Mayor Titcomb moved to postpone this item Commissioner Jaskiewicz seconded the motion which carried 4-0 t, -, K. Approve request for master plan modification for the Shoppes of Woolbright peD Mayor Taylor reported that a request from the applicant was included in the back-up to postpone this item until September 2, 1997 Motion Vice Mayor Titcomb moved to postpone this item until the September 2nd meeting. Commissioner Tillman seconded the motion which carried 4-0. N, Approve request for new site plan for Woolbright Medical Office Attorney Cherof advised that there is a provision of the conditions that makes reference to a 1987 stipulation that resulted in a condition regarding height associated with the rezoning of this property. Because it was incorporated as a rezoning, this matter should be considered as a public hearing with appropriate notice to adjacent property owners. He requested that this matter be deferred until the first meeting in October (October 7'") Motion Commissioner Tillman moved to postpone this item until the first meeting in October Vice Mayor Titcomb seconded the motion which carried 4-0 Mayor Taylor referred to back-up information which contained a cover sheet advising that the item (a Proposed Resolution for a contract between the City of Boynton Beach and Dr. Weiner) would be added to the agenda. He noted that no one added the item to this evening's agenda. He questioned whether City Manager Willis wished to add the item. City Manager Willis offered to include this item on the September 2nd agenda. However, Wilfred Hawkins, Assistant to the City Manager, advised that this item is time sensitive from the standpoint that work in the building is almost complete and we need to move into the medical end. Mr. Hawkins explained that the issue can be delayed until the September 2nd meeting, but if it is approved tonight, Dr Weiner can begin his work. City Manager Willis requested that this item be added as Item V.5-City Manager's Report. 6 MEETING MINUTES REGULAR CITY COMMISSI BOYNTON BEACH, FLORIDA AUGUST 19, 1997 This Item was removed from the Consent Agenda for discussion. -- Approve request for Boynton Mobile Village for Community Design Plan Appeal J. Approve request for Palm Walk ACLF for conditional use time extension/ concurrency time extension I. K. Approve request for master plan modification for the Shoppes of Woolbright PCD This Item was removed from the Consent Agenda for discussion. L. Approve request for master plan modification for Melear PUD M. Approve request for new site plan for ARC (American Retirement Communities) at Boynton Beach N. Approve request for new site plan for Woolbright Medical Office This item was removed from the Consent Agenda for discussion. O. Approve site plan time extension for Boynton Beach Mall-Department Store F P. Approve funding for City Hall Information/Site Sign in the amount of either $10,000 or $25,000 Q. Approve request for refund on Mausoleum Crypt #E-9, Benediction Building, Section B, Boynton Beach Memorial Park purchased by Rosadee Wright R. Approve request for refund on Cemetery Lots 10 & 11, Block J, Boynton Beach Memorial Park, purchased by Louise L. Carver S. Authorization to turn finalized utility accounts with uncollectible balances to 3/31/97 over to collection agency Motion Commissioner Tillman moved to approve the Consent Agenda with the exception of Items "H", "K", and "N" Commissioner Jaskiewicz seconded the motion which carried 4-0. H. Approve request for Shafiqul Islam for a variance to the Land Development Regulations, Chapter 2, Section 5.C.2a. to allow an increase in the height of a proposed single-family home to 35' from the maximum 25' allowed Commissioner Jaskiewicz reported that she attended the Planning & Development Board meeting when this issue was addressed. After the meeting, she inspected the area and feels this request would be very appropriate. This site is located on the Intracoastal where very large homes already exist She does not feel the structure will block anyone's view. It is her opinion that the board was too stringent in requiring the applicant to stay within the 25' limit for a luxury home and she recalled that the applicant was willing to go to 30' It appeared to Commissioner Jaskiewicz that some of the existing homes are higher than 25'. She feels this request should be given reconsideration, and she is hopeful it will not be denied Attorney Cheraf advised that the applicant has requested a postponement of this item. He suggested this item be tabled. , ) 5 ... . - ..... -~'...._~~~~>>~p.......u~.~~.. .'~" __ --- . .- . r~ 0~ ~L') r. '\ r; l,f., ...! LS iJ'l ':: II "J ! ,.._.~'._>-_. 'I "\: . 1;1 ....... iUU~ MI..)':, l.' ! ' ~ ., ~"...-_. i'[ . MINUTES OF THE PLANNING AND DEVELOPMENT BOARDMEE,T1NGHELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 12, 1997, AT 7:00 P.M. PRESENT Lee Wische. Chairman Jim Golden, Vice Chairman Jose Aguila Mike Friedland Stan Dube Steve Myott, Alternate James Reed, Alternate Michael Rumpf, Senior Planner Michael Pawelczyk, Assistant City Attorney ABSENT Pat Frazier Maurice Rosenstock 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:03 p.m. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Wische welcomed Commissioner Shirley Jaskiewicz and Vice Mayor Jamie Titcomb to the meeting and introduced the members of the board and Attorney Pawelczyk. 3. AGENDA APPROVAL No additions, deletions, or corrections were made to the agenda. Motion Vice Chairman Golden moved to approve the agenda as submitted. Mr. Dube seconded the motion, which carried unanimously. MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12,1997 comes to this board, we could review the stacking, deceleration lanes, and other kinds of controls. He wondered why we would want to cover up the landscaping with a six- foot high wall. With regard to the median landscaping, Mr. Myott stated that Congress Avenue needs to be upgraded. All over the County, the medians have to be landscaped by the developers as projects come in. Motion Mr. Aguila moved to approve the request to modify the previously approved Melear PUD master plan to allow a reduced buffer width along Congress Avenue from 50 feet to 40 feet, revised access for one driveway onto Congress Avenue, an additional egress/ingress driveway onto Sandalwood Drive, and redistribution of unit types and numbers within Phase 2 and 3 of 492 multi-family units and 181 single-family units to 364 multi-family units and 309 single-family units, subject to staff comments with the following exceptions: Comments 1, 2, 4, 5, 9 and 13 be deleted in their entirety and that with regard to comment 11, the six foot high buffer wall be deleted. Mr. Dube seconded the motion, which carried 6-1. Vice Chairman Golden cast the dissenting vote. 2. Project: Agent: Owner: Location: Description: Shoppes of Woolbright PCD Michael Morton Morton Group, Inc. Howard Schar!in, Trustee North of Woolbright Road and east of L.WD.D. E-4 Canal Request to modify the previously approved Shoppes of Woolbright PCD master plan to move north, approximately 40 feet, the driveway that is located on the east side of S.W. 8th Street between Outparcel 1 and Outparcel 2, reduce the floor area of Outparcel 1 from 4,000 square feet to 3,710 square feet, reduce the floor area of Outparcel 2 from 6,745 square feet to 6,492 square feet, reduce the floor area of Outparcel 3 from 3,175 square feet to 2,911 square feet, detach from Home Depot the commercial buildings located north of the garden center and combine the two southern most tenant spaces. 9 MINUTes PLANNING AND DeVE:..')~""ENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12, 1997 Attorney Greg Kino of Boose Casey and Ciklin was present on behalf of Howard Scharlin, Trustee, and addressed the following staff comments: Comment 3 It is recommended that a traffic signal be installed at the intersection of the access road and S. W. 8th Street Mr. Kino felt it was proper to reword this comment to indicate that the traffic study shall be performed when the remaining parcel is developed to determine whether a traffic signal is warranted. He stated that until warrants are met, no recommendation should be made. Comment 9 This comment requests that the signage for Cracker Barrel, RaceTrac, and Home Depot be deleted from the master plan. He did not have a problem deleting Cracker Barrel and RaceTrac. However, Home Depot relates to condition 10, which indicates that the second freestanding sign should be deleted. He will resolve this issue with City staff. ~ Comment 12 Amend the chart that identifies previous master plans to reflect the appropriate date the master plan modification was approved by the City Commission. Also, indicate that the approvals are subject to staff comments. Mr. Kino advised that those dates were received from Mike Haag. He thinks they are accurate but will double check them with Mr. Haag. For clarification, he preferred the last sentence in this comment to read, "Also, indicate that the approvals are subject to staff conditions." Comment 13 This comment deals with completion of the industrial access road and recommends that this can be completed or permit application made by a certain date. Mr. Kino stated that on May 28th, the City was asked to modify the timing of this so that it is tied into the development of the remainder of the project or that an adjacent property owner demonstrates the need to utilize this road. This is being workshopped by the Commission on August 25th. 10 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12,1997 k Comment 17 This comment deals with making some square footages consistent on site plans and master plans. He will confirm the numbers with staff before the City Commission meeting. Attorney Pawelczyk recommended leaving comment 13 in. If the City Commission decides to make any alterations, they would override this comment. If they eliminate this comment. it would be moot. Motion Mr. DuM moved to approve the request to modify the previously approved Shoppes of Woolbright PCD master plan to move north, approximately 40 feet. the driveway that is located on the east side of S.W. 8'h Street between Outparcel 1 and Outparcel 2, reduce the floor area of Outparcel 1 from 4,000 square feet to 3,710 square feet, reduce the floor area of Outparcel 2 from 6,745 square feet to 6,492 square feet, reduce the floor area of Outparcel 3 from 3,175 square feet to 2,911 square feet, detach from Home Depot the commercial buildings located north of the garden center and combine the two southern most tenant spaces, subject to all conditions of approval by staff. Vice Chairman Golden seconded the motion, which carried unanimously. C. Appeals Community Design Plan Appeal 1. Project: Agent: Owner: Location: Description: Boynton Beach Mobile Village Bob Brown Spillane Brown Development Co. 1801 N.E. 4th Street Request to appeal the Community Design Plan, Section 10.C.3, to allow a canvas dumpster enclosure to substitute for the required concrete block, stuccoed wall dumpster enclosure. Bob S. Brown, owner of the Boynton Beach Mobile Village, did not object to the one staff comment, and advised that the steel structure is up. 11