O89-39ORDINANCE NO. 89-39
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO. 80-19 OF SAID
CITY PURSUANT TO AN ORDER OF THE CIRCUIT
COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
BY REZONING SEVERAL PARCELS OF LAND
WITHIN THE CITY OF BOYNTON BEACH,
FLORIDA, FROM R-lA (SINGLE-FAMILY
RESIDENTIAL), R-3 (MULTIPLE-FAMILY
DWELLING) AND C-2 (NEIGHBORHOOD
COMMERCIAL) TO PLANNED COMMERCIAL
DEVELOPMENT; PROVIDING FOR ADDITIONAL
SQUARE FOOTAGE OF COMMERCIAL
DEVELOPMENT; SAID PARCELS BEING MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
THE REVISED ZONING MAP ACCORDINGLY;
PROVIDING THAT ALL DEVELOPMENT OF SAID
PROPERTY SHALL PROCEED IN STRICT
COMPLIANCE WITH THE DEVELOPMENT PLANS AS
SUBMITTED AND APPROVED AND ALL
APPLICABLE ORDINANCES OF THE CITY OF
BOYNTON BEACH, FLORIDA; PROVIDING A
CONFLICTS CLAUSE; A SEVERABILITY CLAUSE,
AND AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
W/{EREAS, the City Commission of the City of Boynton
Beach, Florida, has heretofore adopted Ordinance No. 80-19
in which a Revised Zoning Map was adopted for said City; and
W~EREAS, Kieran J. Kilday, as agent for the applicant,
Tradewinds Development Corp., d/b/a TRADEWINDS GROUP, and
the owners of the subject parcels, has heretofore filed a
Petition with the City of Boynton Beach, Florida pursuant to
Section 9 of Appendix A-Zoning of the Code of Ordinances,
City of Boynton Beach, Florida for the purpose of rezoning
certain parcels of land consisting of approximately 28.8455
acres (±) located within the municipal limits of said City,
said property being more particularly described hereinafter,
from R-lA (Single Family Residential District), R-3
(Multiple-Family Dwelling District) and C-2 (Neighborhood
Commercial District) to Planned Commercial Development;
W~EREAS, the City Commission entered into a Stipulation
and Settlement Agreement which was approved by Judge
Rudnick's Order Approving Settlement Agreement on November
6, 1986, and subject to a further Order by Judge Rudnick on
January 27, 1987, and subject also to a Mandate and Opinion
from the Fourth District Court of Appeal on July 22, 1988,
which affirmed the trial court's Orders, and subject also to
Judge Rodger's Order Granting Tradewinds Motion for Contempt
on October 21, 1988, and lastly, subject to the Fourth
District Court of Appeals Per Curiam Affirmation of Judge
Rodger's Contempt Order on June 7, 1989, copies of which are
all attached hereto, and the City Commission is, therefore,
being required to comply with the aforesaid Stipulation and
Settlement Agreement.
WHEREAS, the Circuit Court for the 15th Judicial
Circuit on the 31st day of October, 1989, issued an order
amending the City's 1986 Comprehensive Plan in conformance
with the above mentioned Stipulation and Settlement
Agreement. Said Order being attached hereto and
incorporated herein,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOlqTI~N BEACH, FLORIDA:
Section 1. That the following described land,
located in the City of Boynton Beach, Flo~rida, to wit:
See attached Exhibit "A"
be and the same is hereby rezoned from R-IA (Single-Family
Residential District) R-3 (Multiple-Family Dwelling
District), and C-2 (Neighborhood Commercial District) to
Planned Commercial Development, which use is determined to
be appropriate under the circumstances agreed upon by the
City in said Stipulation and Settlement Agreement and in
conformity with the Comprehensive Plan of the City of
Boynton Beach, Florida.
Section 2. That the aforesaid Revised Zoning Map of
the City shall be amended accordingly.
2
Section 3. That the application of the owners and
agents of the subject property for rezoning is hereby
granted for the purpose of permitting the development of
said land as a Planned Commercial Development (PCD)
specifically in accordance with the aforementioned
Stipulation and Settlement Agreement and Court Orders in
Case No. 86-3661 (CL)A, all which respectively enforced the
Stipulation and Settlement Agreement and found this City in
contempt of court.
Except as provided herein, the Applicant shall proceed
to file site plans of any part or all of the PCD for review
by the appropriate departments of the City government in
accordance with the Ordinances of the City of Boynton Beach,
and the site plans shall also be subject to review with
respect to subdivision, platting, building permitting, and
any or all applicable rules and regulations of any
governmental entity having jurisdiction over land
development and building permitting within the City of
Boynton Beach.
Section 4.
this Ordinance,
Notwithstanding any other provisions of
the applicant shall be permitted to
construct an additional 121,000 square feet of commercial
building area over and above that permitted by the
aforementioned Stipulation and Settlement Agreement. This
additional square footage of commercial development shall
require off-site traffic improvements identified in the
October 23, 1989, Barton-Aschman Associates, Inc., traffic
report, attached hereto and incorporated herein, subject to
final approval or modification of said reports' findings by
the City Commission on November 7, 1989.
Section 5. That all ordinances or parts of
ordinances in conflict herewith be and the same are hereby
repealed.
Section 6. Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be
invalid, or should any Section of this Ordinance not become
effective for any reason, such decision shall not affect the
remainder of this ordinance.
Authority is hereby granted to codify said
Section 7.
ordinance.
Section 8.
This ordinance shall become effective
immediately upon passage.
FIRST READING this 17th day of October, 1989.
SECOND, FINAL READING and PASSAGE this ~/~7~day of
ATTEST:
(Corporate Seal)
Commi s s ioner
~on~~~ -'
4
EXHIBIT "A"
L[¢AL D[$CRlrTIOX: TRACT -I
A POITIOH'OF:"ILOCKS qS. $O AND S! OF LAKE IO¥~TON [STAI[$. PLAT 3.
ACCORD[NO TO THE PLAT T~[REOF AS RECORDED IN PLAT lOOK t3, PAGE 53 OF THE
PUILIC RECORDS OF PALM BEACH COUNTY, FLONIDA~' TOGETHER WITH A POATiON OF
SECTION 29, 1OWNSfllP 45 SO~TN, RANG[ 43 £A?t,' PALH BEACH COUNTY, F~ORIOA,
HORE PARTICULARLY O£SCRIIED AS FOLL0WSI . · ' '
COH~ENCING AT THE SOUTHEAST CORNER OF SAID SECTION ZB; TH~HCE $. 18° O~'
ZZ' w. ALONG THE SOUTH LINE THEREOF, A DISHANCE DE 1131.77 FEET; TH[NC[
O1' 33: 4~° W., A DISTANCE OF 125.94 FEET TO AN INTERSECTION WII~ 1N¢ NORTH
tI~E OF THAT 70.OO FOOT DRAINAGE RlONT-OF-~A¥, AS SHOWH O# THAT FLORIDA
DEPARTMENT OF TRANSPORTAIION RIGHT-OF-WAY HAP OF I-SS (WOOLIRIGHT AY[HUE)
JOI ~O. 93Z20-Z¢ll, SHEET 2~ A~D THE POINT OF I[GINNING OF Tills
DESCRIPTION; 1HE,CE CONTINUE N. Gl° 31' 4~" Y.,' SAIO Ll#[ BEINO FURTHER
DESCgI~[O AS 80.00 FEET WEST OF.AND PARALLEL XITH TX[ lAS1 LINE OF -LOT
1¢. 8LOC~ S! OF SAID LAKE BOYNTON [STAT[S PLAT 3, A'DISTAHCE OF ¢4Z.55 FEET
TO A POInt OF INTERSECTION ~ITH TN[ NORTH LINE OF SAID BLOCK 50; THE#CE
NORTH~STE~L¥ ALONG THE ARC OF A CURVE TO THE LEFT HAVING A IAOIUS OF
1750.OO FEET, A CENTRAL ANGLE OF !1' Z~3¢~,. AN ARC 01STANCE
THENCE[ 5. 8B* Z6' 13° W., A DISTXNC["O[ 483.87 FEET TO A POINT OF
INTERSECTION' ~I.TH THE EASTERLY RIGHT-OF-WR'¥,~INE OF THE LAKE ~ORTH DRAINAGE
DISmal'CT CANAL [-4 AS DESCRIBED IN OUIT.;C~A'IH DEED TO-LATE WORTH D~AIRAGE
DISTRICT AND RECORDED IN OFFICIAL RE:DaDS BOO~ ~14&, PAGE
PUBLIC RECORDS OF PALH BEACH COUNTY,-':ELORIDA;. THENCE S. 20
ALONG SAID EAST RIGHT-OF-WAY LINE~ DISTANCE OF 650.68 FEET~ THENCE S. OD°
24' t~' v CONTINUING ALOHG SAIO ERS! RIGHT-OF-WAy LINE, A DISTANCE OF
191.~2 F[~T TO A POINT OF I~T[RSECTIOH WITH SAID NORTH LINE OF VOOLI~IG~I
ROAO DRAINAGE RIGHT-OF-gAY; THENCE N. 85~'45' 3Z' E ALONG SAID NORIH
LI~E. A O~SLANCE OF 310.27 FEET TO TXE POINt OF BEGINNinG.
SAID LANDS SITUATE IN BOYNTON BEACH, PALX IEACX COUNTY, FLORIDA.
CO#T~I~I~G 7.0000 ACRES, HORE OR LESS,
LEGAL UESCRIPTION: "TRACT 2"
A P§RT~DN OF SECTION 29.. TOWNStilP 45 SOUTit. RANGE 43 EAST. PALH BEACH
COUNTY. FLORIOA AND A PORTICtl OF "LA~E BOYNTON ESTATES PLAK 3". AS
RECOR~O IN PLAT BOOK 13. PAGE 53 OF THE PUBLIC RECOROS 0[ PALH 8[AC~
COUNTY, FLORIDA, ANO BEING HONE PARTICULARLY 0ESCRI~EO AS EOLLO~S:
COHHENCING AT Tile SOUTHEAST CORNER OF SAID SECT[~t 29, TOWNSHIP 45
SOUTH, RANGE 43 EAST; THENCE N. Gl° 34' ~6" W., ALONG THE EAST LINE OF
SA!O SECTION 29, A DISTANCE OF 730.64 FEET TO~ SOUTIIEAST CORNER OF
LOT 4, BLOCK 47 OF SAID "LAKE 8OYHTON ESTATES PLAT 3" AND TH~ POIH[
OF BEGINNING OF THIS DESCRIPTION: ~it[HCE S. 88° 25' 44" H.. ALONG THE
SOUTH LINE THEREOF, A DISTANCE OF 50.00 ~EET; THENCE S. 010 34' 16"
ALONG THE EAST LINE OF LOT 2, BLOCK 47
OF 290.00 FEET TO THE SOUTHEAST CORNER O
25' 44" W. ALONG THE SOUTH LINE OF SAI
FEET; THENCE S. O1° 34' 16" [. ALONG
48 AND LOT 6, BLOCK 53, A DISTANCE OF
WITH THE NORTH LINE OF THAT 70.00 FOOT
OH THE FLORIDA DEPARTMENT OF TRAHSPORTA
WOOLBRIGHT AVENUE) JOB NO. 93220-2411, S
25' W., ALONG SAID NORTH RIGHT-OF-WAY
L
THENCE S. 77' 31' 21" W. CONTINUING A
LINE, A DISTANCE OF 386.16 FEET; THENC
ALONG SAID NORTH RIGHT-OF-WAY LINE, A D
N. O!° 33' 47" E. ALONG THE EAST LINE O
23, BLOCK 50 OF SAID "LAKE BOYNTON ES
438.81 FEET TO A POINT OF CURVATURE AT T
OF SAID BLOCK 50; THENCE NORTHWESTERLY A
LEFT HAVING A RADIUS OF 1830.00 FEET, A
AN ARC DISTANCE OF 563.64 FEET; THENCE
OF 573.01 FEET lO A POINT OF CURVATURE
CURVE TO THE RIGHT IIAVING A RADIUS OF 10
ID° 42' O4", AN ARC DISTANCE OF 186.7
C. URVATUR[; TllENCE ALONG THE ARC OF A CUR
OF IOO0.'OO FEET, A CENTRAL ANGLE OF lO
186.77 FEET TO A POINT OF TANGENCY; T
DISTANCE OF 193.30 FEET TO A POINT OF IN
OF SAID SECTION 29; THENCE S. O1" 34'
DISTANCE OF 350.OO FEET TO Tile POINT OF
SAID LANDS SITUATE IN BOYHTON BEACH, PALl
CONTAINING 21.8455 ACRES, MORE OR LES~.
SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF R'ECOR0.
%ND LOT 5 BLOCK 48, A DISTANCE
SAID LOT 5; TIIENCE S. 88'
LOT 5, A DISTANCE OF 50.00
rUE EAST LINE OF LOT 1, BLOCK
?50.98 FEET TO AN INTERSECTION
3RAINAGE RIGHT-OF-WAY AS SHOWN
rI~ RIGHT-OF-WAY HAP OF 1-95
tEET NO. 21; THENCE S. B9" ~O'
[NE A DISTANCE OF 452.00 FEET;
.ONG SAID NORTlt' BIGHT-OF-WAY
E S. 85° 45' 32" ~: CONTINUING
[STANCE OF 120.81 FEET'; TH[NCE
LOT 14, BLOCK 51 AND LOT 14,
ATES PLAT 3", A DISTANCE OF
E. BOR[IIEAST CORNER OF LOT 14
ONG Tile ARC OF A CURVE TO THE
CENTRAL ANGLE OF 17° 38' 50",
{. 88° 26' 13" [.. A DISTANCE
; THENCE ALONG THE ARC OF A
)0.00 FEET, A CENTRAL ANGLE OF
~ FEET TO A POINT OF REVERSE
/E TO Tile LEFT IIAVING A RADIUS
' 42' O4", AN ARC DISTANCE
tENC[ N. 88° 26' 13" E. A
rERSECTION WITH THE EAST
6" E. ALONG SAID EAST LINE A
iEGINNING.
BEACH COUNTY, FLORIDA.
?RADEWINDS DEVELOPMENT cORP.,
Florida corporation,
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR PALM BEACH
COUNTY. CIVIL ACTION.
CASE NO. CL-86-3661 AE
Plaintiff,
's.
?HE CITY OF BOYNTON BEACH, a
~lorida Municipality
Defendant
rOSEPH MOLINA and LAKE BOYNTON
~S.TATES HOMEOWNERS ASSOCIATION,
[NC.,
;s.
Crossplaintiff,
PRADEWINDS DEVELOPMENTCORP.,
)y its agent, KERAN J. KILDAY,
~nd THE CiTY OF. BOYNTON BEACH,
Crossdefendants.
/
STIPULATION AND ORDER BETWEEN THE PARTIES REGARDINC
COMPLIANCE WITH COURT ORDERS
DATED OCTOBER 21, 1988,, AND JANUARY 27, ~987
The parties, TRADEWINDS DEVELOPMENT CORP. and CITY OF
~OYNTON BEACH (hereinafter TRADEWINDS and CITY respectively),
lave entered into the following Stipulations relating to the
]ourt Orders dated October 21, 1988, and January 27, 1987, and
~ave agreed to the following, which the parties respectfully
request the Court to adopt and the Order which hereinafter
~ollows:
· TRADEWINDS and CITY agree to fully comply with the Order
approving Stipulation and Settlement dated November 6, 1986
and Judge Rudnick's Order dated January 27, 1987. ~
The parties recognize that the Department of Community
Affair's (DCA) review of amendments to the 1986
Comprehensive Plan would be advisory only.
In order to effectuate compliance, the parties agree that
this Court amend the 1986 Comprehensive Plan of the City of
Boynton Beach nunc pro tunc so as to grandfather the
#Tradewinds Project" into the 1986 Comprehensive Plan. The
TRADEWINDS V. CITY OF BOYNTON BEACH
CASE NO.: 86-3661 (CL) AE
~Tradewinds Project- will therefore be deemed vested as to
the Amended 1986 plan as set forth above, ~'~ith all vested
rights (including but not limited to those impact fees and
traffic standards in effect as of November 6, 1986) as
'contemplated in the original Order approving settlement
dated November 6, 1986.
The CITY shall continue to proceed with due diligence to
rezone the PCD, and the City shall amend its 1989
Comprehensive plan on final adoption so as to make the
language in that plan at least consistent with the 1986
Comprehensive Plan as amended by this Court.
Oc~0ber 9/ , .1989
ROBERT D./C~ON, ESQUIRE
SLAWSON %URFuAN & CRITTON
Suite 30.~
712 U.. S. Highway One
Nortk Palm Beach, FL 33408
Attorneys for
THE CITY OF BOYNTON BEACH
Dated
F. ~ SQUIRE
1665 Palm ea Lkes Blvd.
Suite 1000
West Palm Beach, FL 33401
Attorneys for
TRADEWINDS DEVELOPMENT CORP.
AND
STEPHEN N. ZACK, ESQUIRE
ROBERT C. LEVINE, ESQUIRE
Courthouse Center - 26th Floor
175 N.W. First Avenue
Miami, FL 33128-1817
Attorneys for
TRADEWINDS DEVELOPMENT CORP.
ORDER ON STIPULATION
THIS CASE came before the Court on the above 'Stipulation
da!~ed October , 1989, and having heard argument of counsel and
being fully advised, it is hereby ORDER and ADJUDGED as follows:
1. The Stipulation is hereby adopted and incorporated into this
Order in its entirety.
2
TRADEWINDS V. CITY OF BOYNTON BEACH
CASE NO.: 86-3661 (CL) AE
m
this
The 1986 Comprehensive Plan of the CITY OF BOYNTON BEACH is
hereby amended as of November 6, 1986 Dunc_p_r_q tunc so as to
include and grandfather in the TRADEWINDS Project. The
TRADEWINDS Project is deemed to be fully vested as of
November 6, 1986 with all rights as of November 6, 1986,
including, but not limited to, those impact fees and traffic
standards applicable on November 6, 1986, so as to comply
with the Order approving settlement dated November 6, 1986.
The parties are directed to comply with all terms and
conditions set forth in this Stipulation and adopted into
this Order and set forth in prior orders and stipulations,
except for any DCA rev-Jew
The Court retains ]'urlsdlctlon' ' ' of this cause for such
further orders as may be required.
DONE and ORDERED in chambers in West Palm Beach,' Florida
day of .~
1989.
CkRCU%% J33DGE , .-
TRADEWINDS V. CITY OF BOYNTON BEACH
CASE NO.: 86-3661 (CL) AE
SERVICE LIST
Tradewinds v. city of Boynton Beach
Case No. 86-3661 (CL) A
Raymond Rea, Esq., City Atty.
City of Boynton Beach
P. O. Box 310
100 East Boynton Beach Blvd.
Boynton Beach~ FL 33425
Stephen N. Zack, Esq.
Robert C. Levine, Esq..
CourtHouse Center - 26th Floor
175 N.W. First Avenue
Miami, FL 33128-1817
F. Martin Perry, Esq.
1665 Palm Beach Lakes Blvd.
Suite i000
West Palm Beach, FL 33401
John Beranek, Esq.
501 South Flagler Drive, Suite 503
West Palm Beach, FL 33401
Terre!i K. Arline, Esq.
Prosperity Gardens - Suite 204
11380 Prosperity Farms Road
Palm Beach Gardens, FL 33410
Joe Reiter, Esquire
Northbridge Centre - 10th'Floor
515 N. Flagler Drive
West Palm Beach, FL 33401
4
TRADEW INDS DEVEL~JPMENT"~
CORP'ORATION~'; ~'y its agent,
'. t~E. RAN J. KILDAY,
Plaint i fl,
THE C I T¥ OF BOYNTON DEACH,
Defendant.
· ,
IN TH~ ' Cq.~_~OURT
15TH JUDICIAL CIRCU! ¥, IN
FOR PALM BEACH COUNTY~ FLURIDI4
anne
CASE NO: 86-~661 eCL) A
FLORIDA 'BAR NO: 005419
.%
./
SI'I~:'ULATIOIq AND S~TTLEMENT AGREEMENT
TRADEWINDS DEVELOPMENT CORPORATION and TH~ CITY .OF
~OfNlld~l ~-'ACH, by and th~-ou.qh th.ei~ undm~sig~d atto~-n~y~ aft~
~EACH, hermby stipulate ~nd ag~e as follows:
1. TRADEWINDS DEVELOPMENT. CORPDRATION~ (h~pe~nafte~-
ed to as "TRADEWINDS")'?~is thru developing- o~ a pa~-c~l
pre. per y 1,:.cated in th~ City"of Boy.ton Bea~h~ Flopida.
I n Januat-y~ 1986, TRADEW I NDS sub~:i t ted
~l,:.n to th~ CITY O~ DOYNTON BEACH (he~-~lnaftep p~f~-ed t,:,
e "CITY") to ~e:on~ a pa~cel of p~opepty fpo~ R-IA
d Unit D~vmlopment. Thim application and p~opa~-ty ~hall ba
ed t.:, h~t-ein a~ the "Woolbpight Place P.U.D. ".
3. On Ma~ch 1.8, 1986~ th~ CITY d~nied TRADEWINDS
ap~i l:at l.:,n t,:, re:one the "W,:,olb~-ight Place P. U. D. ".
4. Au a ~esult of thru City~ danial~ TRADEWINDS filed
plaint fc, r W~lt of Certio~ari aga:nst the CITY on Ap.~-il i'/~
nich is the subject matter of thi~ stipulation.
5. In addition, ,:,n April 1, 1986, TRADEWINDS
application t,J th~ CITY to ~ezon~ a pa~c~l of ppopm:-ty f~-,:,~ I~-
Devel,:,p~,~er, t (P.C.D.). This prope~'ty and applicatz.:,r, shall
,'ef,?r','c:,] t.', as the "W,.~,:,lb~'~gl~t Center P.C.D.'".
EXHIBIT "A"
the City's c,;.rnp~'el~en.:lve land us~ Plan.
7. The W,:-.~.lb~'~ght Car, tap P.C.D, appi.lcation p~-og~essed
,..'
th,'.:,u.l]l~ the Plar, nir, q ar,d Z.:.r~tng Commi~aions and the vapious_b,3at-d
cc.r,s :der'at lc.n~ nece~sa,'y under- th~ City~ s opdinance, The
wo,:,lb,-lgnt Cente,- P.C.D. application
We..:, l
t'lr, al c.:.r, side~at~c,r! befo~'e the City Council on July 14~-1986.
8. At the cc.r, clusion of' the hea~ing on July 14~ 19B6~
Ztty Council voted to pc, stpone and table cor~sidepation of the
~,-~ght Cente~- P.C.D. application ur, t~l the litigatton oE the
=~-~ght Place P.U.D. application ~as terminated.
9. Subsequent thereto, on Septembep ~ 1986~ the City
:t~,d a comp~-ehensive settlement offep made by TRADEWINDS
C:ty. TRADEWINDS t~eated th~ pc.jeer ion of itm
'%
). applicat:on and on Septembe~ [9~ i986~ TRADEWINDS filed
ii .:.~ the Woolb~'ight Cente~, P.C.D. application. On Octobep
98~, the CITY again considep~d the P.C.D. application and
to i to deny it.
10. Subs~q,.~ent th~t'~to~
~W I NDS~ by and
offe~
add~
7,
V*-'* t et.
on Octc, be~-
th~-o,-gh its at t o~-r, eyt
p~¢,poaai to the city
and i it igat ion between
submitted
~ett I ing al
th~ City and
TRAD~
r,lat t
TRADE
clatec
TRAD:
city
Exh 1
THE
:WINDS. The settlement p~-oposa! ~as cOnta, inmd in a lett~-
August ~0~ 1986 f~om F', Mapt in Pep~y~ at to,-ney t=o~r-
WINDS DEVELOPMENT .CORPORATION, to Kipk Fpiedland, special
a~t.:.~-ney t,:, THE CITY OF BOYNTON BEACH. A copy of said
it "A" and t~ spec. l f[cally inco~'po~ated he~'ein by t-ef'e~-enc~.
11. Dn o~' about Octobep ~1, 1986, the City Council o~
CII'Y OF 80YNTON E'EACH held a ~'egulaply scheduled m~eting at
~hich t:me it c.:.r, side~-ed the settlemgnt p~'op.:.sal.
!:~2. At tha~ t tn~ a ~otion was n~ade t,:, accep~ . the
~ettle~ner, t P,'Op.:.sal ~ts %L'T f,:.t'th ir, the Octc, be~' ~'), 1986 lettel-
al.:.r,~] wi [11 the addlt tc.r,,.,l ~-~-clutr-er,~er,t that tho t~,J .>,.it-paMc~15 b~
zr,cl..~oed ir, thu W-:.,:.lb~':g~,t Cer,t~- F'.C.D. ~r,d that they b~ limited
"<~'c.,' use by a bar,~lr, g institution and a quality sit d.s.~,~,
,-est a,Jt-ar~t with dpive-~n ~ t ndc,~ was expressly pt-oh:bited.
;.
~e~tl~ent p~-opc,~al ~s attached h~eto :-a~ E~hiblt "B" and l~
specit;'~call¥ ~n~o~--p,.-,~ated hePe~n by ~'efe~'ence.
13. The C~ty Council b~, · ~ to ~' vote
accepted th~
settle~,~ent p~-oposal as set f'ot-th in the October- ~0~ 1986 lette~-
f~-,.'.T,~ TF(ADEWIND5 along ~th the additional ~'equ~'e[~ents that the
t~o ,:,ut-pa~-c~ls be included in the P.C.D. and that they b~
lth~ted fO~ use by ·bank[ng institution and · quali~t¥ ei't do~r,
~-est~u~'ant. Fu~-the~-, tho uae of th~ out papcels fo~- a fast f'c, od
,-e~tau~'ant ~lth dpive-in wind¢,~s ~as e~p~-essly pt'ohibited.
14. The Mot ion by the City Council to accept the
set t I eh]er~~-
sat t 1 et~ent.
p~-oposal ale. rig ~ ~it'h the additi¢,nal
t.:. and accepted by TRADEWINDSn~tht-ough its counsel at the October
:~1, I966'~,~eet~ng-as evidenced by the transcript of said meeting..
15. As such~ TRADEWINDS and the CITY heT-eby accept a~d
ag,-ee to th~ te~ms c,f the lette~' dated October- ~0~ 1986 f~'om F.
~a,-t~r, Pe~'~'y to Kl~k F'~-ledland, attached hereto as L~hiblt "'A"~
a~ ahte~d~d bY the r,lot
16. TRADEWINDS and th~ CITY hereby accept and. app,-ore
'the h~aste~- plan attached to th~ above ~'et'e~'~-ed lette~- ar, d ·
identified as that ce~tain master plan prepared by ~ilda¥ arid
~ Ass,:.c~ates bea~-in~ d~-awing numbe~- 85-~4, last revised o~ Octobe~
I9, 1986.
17. TRADEWINDS shall bm pequired and ag~'ees to lr~clude
~,:,olb,'~.qht Center- P'.C..D. the t~o out-pa~cels and to
t~ei,- ,.t~_e f.:.~- a bar, hing institution and · sit down quality
the u~e ot' the out
with d~'~ve'-lr, windows is het-eb¥ ~xpr~ssly pt-c.13~b.~ted.
\
;'" ~tt:~c. hed tiered.:, ,~r.d appr.:.ved by the part'els reflects:
1. A total of 5~JO dwelling unit~ located or.
85.2876 acres which eq~..ates to a gposs density.of' ~.00 dwelling
c,)r~s st lng ,:,I=
area
b.:,rd~
~. A detached fir, gle family housing
70 single family dwelling umits~ a
rvat I..-,r~ a,'ea a~Jd a .~. 76 a~re open
wrapped around that p,:,rtion of Lake~Boynton
~s the n.::rth pr¢,P-erty 1 ir,~ of Trade. ends.
t
sand pin~
Estates which
d ptr, e pt-ese~-vati.:,r~ a~-ea as ~mi'l as a 50 foo~ be~-[ned~ fi~nced
area between Palm Beach Leisu~-mville Home~ i¥%n.~d ad.]ace~t
t .:, t he
S.W. 8th Street ~i:ht--¢,f-~a~ and T~ade~imds p~-oposed
4. .The J'em¢,nfiJlu~-aJion of
c~'~ate a T intet-secti,:,n ~iJhirm the P.'U.D'.
5. The nJ'~lti-fa~il¥ housino~
~hich ~ill be
lJ~,~lt~d :o t~.:, and th,'~e ~st?,-y c,:,ndominiums~ is substantially
separated by ~Ir,~l~ fa~,~%l¥ hon~es from the sinclle fa~il>, honieJ ir,
r ~ Leisurevill~ and Lake B,:,ynton Estates.
INDUSTRIAL ACCESS ROAD AND NEW RAILWAY
The :r, dust~-ial access J'oad arid new ~-ailwa¥ ct-oss%ng
shall be located as ~-e¢or~m~nded by T~ad~inds tpaff%~
c.:.n~ultan.:s~ Mu~-~'a¥-Dud~N and Associates and Ba~'t.on-A~:hn~ar, &
A~soc~at~s, . as ~efle~ted on th~ attached
fa:Irt, ad c~¢,ssir, g at Ocean Drive shall b~ closmd.
p I a r,. ]'h ~
TRADEW I NDS
sba 11
plat,
withdma~ its c, bjecti,:,r,s to Mrs. Winch~t~'~s co~preh~n~lve
~nendn~er, t application f,:,t- th~ poad and the
C WOOLB~IGHT CENTE~ P.C.D.: Thepe mhall be
· :.f 199,00,) square feet consisting of 17~000 squa~ feet
and ~6,,:)(,~) sq,.,are feet of off:c~ park. This
on ~9.64 acres which equat~
D. CONDITI(]NC_. OF APPROVAL OF P'. C. D. ar, d P.U, D. :
1. TRADEWINDS shall be b,~-.,-r,d only ~)t tl~e
o:r, St,-e~.t c.',:.,',-ld,.,- H~bway Require~ner, ts, Fa%~- Share Impact
4
Fe~.~ ar,d Conclus~,~-,r,~ ~e.t ¢,-,,-th on pages .-"5-i'~ :nclusive o~ the
~,'a~c Impact ~naly~s ~ep,:,r~ on the overall Woolb~-lght ~oad -
S.w. ~th Stpeet Prc,]~cts prepa~"~d on Ap~':l I, 19~6 by Daniel N.
Murk"ay, P.~i and ~'1 .~,the~" appltcablm o'~*dir~an~m~ o~ the Ci. ty~ o~
',tc, n ~each ~'elating t,:, the develc, pm~nt o~ the site.
S'. This stipulation and s~ttlem~mt ag,-een~ent
I be subject only to the :onditions in the- Mu~ay-Dudeck
rep ,rt as desct-ibed.herein~ and all othe~ applicable o~'dinance~
~e C:ty ~op developn~ent of the site. In this lattwp ~-espe~t,
acknowledges that the City cannot bi~d Paln~ Beach
O f
Tradew,nds
Tra,
thai
app
agr~
',fy as re0 its Fai~- Sha,'e T~-aft'i~ Impact F~e O~dinance arid that
be subJect to th~ County*~ lnlpl, en~mr~tatson of
pre a,'e and adopt any ar, d all o~'dir, ances r,~cessary to inlplement
F. The papt ie~
C,:,,~-t c,:.n~lrn~ing and ~"ati~yin~ th~ a~pe~m~nt. The Cou~-t shall
re~ain ]u~'isdi~t~on ore,- thi~ ma~tep and th~ panties to insure
that both
,en~ents conten~plated h~pein.
ired to irnplen~ent any o~ the~m action~, the City a~ree~ to
partie~ adh~.~-~ to the t~-ms of this stipulation
a'll
with
se~ t l~,~ent ag~-eer,~er, t.
F. T~'adew~nds ag~s that .t will
1. Reimbu~-se th~ City
a~ t,:,rneys
any .and
fees and e~per, s~ it ha~ incurped in conjunction
per,ding Iitig~tl.:,n w~thin ten (10) days of the ~'eceipt of an
Ir, v.:.lce subsequent t.:, the ap;,~¢,val of th~ P'.U.D. as cont~n~plated
:-'. Deliver a full and complete t'elease
its ,:, f' f i c~,t'5 ~ d l~'e~t C,~-5~ st ockh,:.l tiers,
ager, ts ar,O r~.pr~c.,,tat ives as to ar, y and al I actl,:,n~
5
~he ~lLy
ano/.:.r ar, y ,:.t its ~.-,fric~a[s, ~:,~ployees~ con~ultnnts and/of aqer, ts
arising out of the P.U.D. appltcatic, ns. This ~.hall be delivered
here ~:tl~.
pr,:.v . .% I
City -pon Trad~ewir, ds receipt of th~ req:~isite e~ecuted
of apprc, val' arid sit~ pla~ approval in confopMity
The releases shall be held in mscpo~ by the
and delivered to- the City in accordance wi. th th[s
A pr,:.posed f.:,rr~ :~ attached h~reto as E~hibit
5. Deliver- a full and cc.r~Jplet~ release from
Tr'ad(
C.~ty
t.-..
t,,h~ [
]'ne C
Flagl
501
:~tnd~, its office~'s, diractors~ stockholdeps~ eMp l..',y~eS
'.r agents and representatives a~ to any and all actions
~ o~ action w~zch it or- they may have. against the Czty
.,- any tlr' zts officials~ employees, consultants and/o~
r,~ out P.C.D. applications. This shall bm deizveped to the
~ppr,:,val and si~e plan appp,~val in cOnfoPMity hepe~tth. The
~se shall be held ~n escro~ by thc'undersigned and delivered
he City in accordance ~ith this p~-ovision. A p~oposed
~ached hepeto as Exh:bi~
G. The apppovalm contemplated herein as to the
ehensive Plan AmendMent and the P.C.D. ~hall b~ subject
epar'tm~n~ of ConmJur,~ty Affai~-~.
BY: ~ - ' C
F. Martin Perry & Assoc.. F'.A.
T~ade~inds DevelopMent
515 North Flagl~- Dr'iv~
Suit~ 701~ Northb~'idge Centre
W~st Palm Beach, FL 35401
and
Klein & Berar, eP, P.A.
Tpadewinds Deve 1,:.p[,~ent
Flaglep Center'e Suit~ 505
501 South Flagle~- D~'tve
West Palm Beach, FL 53401
OHN BERANEK~ ESQUIRE
'. ;
!N THE tJIRCU!T COURT OF THE
15TH JUDICIAL CIRCUIT, IN
FOR PALM B£ACH COUNTY, FLORIDA
TRADEWINDS DEVELOPMENT
CORPORI~TION, by its agent,
KERAN iJ.
PI ai nt i
THE C1TY OF BOYNTON BEACH,
Defmndant.
CASE NOm 86~661 eCL) A
ORDER APPROVING SETTLEMENT AGREEMENT
THIS CAUSE came on to bm heard on the Joint Motion for
Orde~ Approving Settlement Agreement filed by TRADEW[NDS
DEVELOPMENT CORPORATION and THE OITY O~ BOYNTON BEACH, and af~e~
~onsid~ing said Motion~ the Stipulation and
filed herein, and the pa~ties ha~ing agreed'he~eto, it is
ORDERED and AD~UD~D~
the
Defe~
¢onfi
Agree
a nd t
to cc
Sett
Flor~
Copi
501~
Su~t~
F. M
515
S,JI t
West
:.laintiff, TRADEWINDS DEVELOPMENT 'CORPORATION, ~nd th~
~ant, THE CITY OF BOYNTON BEACH, i~ hereby app~ove~,
rmmd and ratified. A copy of thm Stipulation and .S~ttle~ent
merit is attached hereto as E~hibit "I" and is ~pe~ifically
popated in this O~de~ by ~efere~cm~
~. The Plaintiff, TRADEWIND8 DEVELOPMENT CORPORATION,
he Defendant, THE CITY OF BOYNTON BEACH,
reply with the Settlement
This Cou~t ~etains juei~diction of thes~
edingm and th~ parties to mnforcm the termm of the
e~ent Agrmmm~n~t..
DONE and ORDERED at West Palm B a~h, Palm B~~
.~s furnished:
Friedland, Esquipe
outh Flagler Drlv~
5~J5, Flagler C~r~t~.r
Pal~ Beach, FL 3540!
~rtin Perry & Associates, P.A.
~¢,rth Flagler Dr~ve
701, North~'ldgu centre
Palm Beach, FL 334~1
John Berar, ek, e
Klein & B~ran~ P.A.
501 Sou.th Flag er Drive
Suit~ 503~ Flagl~,- C~r. ter
EXH!B IT "'B"
TRApEWINDS DEVELOPMENT CORP.,
by tt~' agent, KIERAN j. KILDAY,
Plaintiff,
THE CITY OF BOYNTON BEACH,
Defendant.
pre~
the:
Cornt
DefE
Sti'
Unit
sha]
Cit'
the
(30
pro~
Coum
pro[
app;
ordJ
r~-qt
to
a p p
wt, u d render it meaningless.
IN THE CIRCUIT COURT OF THE FIFTEENTH:
JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR
PALM BEACH COUNTY.
CASE NO. 86-366] (CL) A
ORDER '
This cause came on for consideration upon the Petitioner's Motion to
el Compliance with Settlement Agreement and the Court considering the
,ence adduced, hearing argument of counsel and being fully advised in the
rises and noting that t~e instant proceedings have not been stayed althOugh
'e is presently an appeal pending in .the Fourth. District Court of Appeal,.
,s thereupon
CONSIDERED, ORDERED AND ADJUDGED that the Court grants the Motion to -
,el Compliance with Settlement Agreement made by the Petitioners. The
ndant City shall proceed with the re-zonix~8 process pursuant to the
,ulatton of the parties and shall adopt ordinances relative to the Planned
Develop=mn: in conformity with the Settlement Agreement. The ordinances
1 be scheduled for reading as required by City Charter forthwith. The
of Boynton Beach shall file the Comprehensive Plan Amendment regarding
relevant portion of the Planned Commercial D~velopment no later than thirty
days from the date of this Order utilizing the documentation the Petitioner
ides within that time period. The Court notes that the Department of
.unity Affairs may have its own demands which, if not complied with, may
ibit the Defendant City from Proceeding to ultimate conclusion in its
oning process. Should the Department of Community Affairs Indicate its
oval of the Comprehensive Plan Amendment, the City shall then adopt
nantes relative to the Planned Commercial Development in conformity with
Settlement Agreement. The ordinances shall be scheduled for readinR as
ired b)' the City Ch,i~t~r at tha£ tim~. gab~d ,.n tls, S~tt]c;;.;nC AKrtta,t. nt,
equtre Plaintiff to submit to new hearings and new voting'procedures '
oving tht aPi'lit,.tlont, wi,ich w~ru tht:.subjt.¢'t ~.f iht. Settlemell~ Ai. lt~n,t.l~x
The City shall, therefore, comply forthwith with
EXHIBIT "C"
Co
Jo!
ail ren~lntng, terms of ~he Settlamvnc. Asreement,
DONE AND O~ERED at ~est Palm Beach, '~alm Beach County, Florida. this
Tarrell K. Arlene, Esq., 325 Clematis,Street, Suite B, ~asC Palm Beach, Fl. 33~0
Louis L. Williams, Esq., p~ O. Box 3882, West Palm Beach, Fi. 3]402
furnished:
Friedland, Esq., '50I S. Flagler Drive,'Suite 505, Wast Palm Beach, Fl. 33401
Narttn Parry, Esq., 515 N. Flatler Driv·, Suite 701, West Palm. Beach, Fl. 334~1
Beranek, Esq., 501S. Fla~ler Drive, Suite 503, West Palm Beach, Fl. 33&0I
iN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT JANUARY TERM 1989
CIT~ OF BOYNTON BEACH,
a Florida municipality,
JOSEPH MOLINA and LAKE
BOYNTONESTATES HoMEowNERS
ASSOCIATION, INC.,
Appellants,
V.
TRADEWINDS DEVELOPMENT
CORP., a Florida corp.,
Appellee.
NOT FINAL UNTIL TIM]E EXPIR~
TO FILE REHEAR/NG MOTION
AND, IF FILED, DISPOSED OF,
CASE NOS. 88-3097
and 89-0503.
Dec
Con
fin
for
Rod
and
McC
Ap~
Ter
Arl
for
Lak
Ass
St~
Ric
Brc
Per
Bet
ision filed June 7, 1989
solidated appeals of a non-
al order from the Circuit Court
Palm Beach County; Edward
gers, Judge.
d W. Mattlin, Gregg W. McClosky
David M. Beckerman of Mattlin,
losky & North, Boca Raton, for
ellant-City of Boynton Beach.
rel! K. Arline of Terrell K.
ine, P.A., Palm Beach Gardens,
Appellants-Joseph Molina and
e Boynton Estates Homeowners
ociation, Inc.
phen N. Zack of Floyd Pearson
hman Greet Weil Zack &
mbaugh, P.A., Miami, F. Martin
fy, West Palm Beach, and John
anek of Klein, Beranek & Walsh,
P.;~., West Palm Beach, for appellee.
PER CURIAM.
AFFIRMED.
HERSEY, C.J., GLICKSTEIN and DELL, JJ., concur.
-2-