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LEGAL APPROVAL MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 21, 1998 First, Baptist Church of Boynton Beach from Moderate Density Residential . to Local Retail Commercial Development (PCD) Attorney Orullo read Proposed Ordinance 098-24 by title only. MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner 'Titcomb moved to approve Proposed Ordinance No. 098-24. Commissioner Denahan secondedthe motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 4. Proposed Ordinance No. 098-25 Re: Amending Ordinance 91..70 to rezone approximately 14.18 acres of land owned by The First Baptist Church of Boynton Beach from Planned Unit Development (PUD) to Planned Commercial Development (PCD) Attorney Cirullo read Proposed Ordinance 098-25 by title only. MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Denahan moved to approve Proposed Ordinance No. 098-25. Mayor Pro Tem 'Tillman seconded the motion. Oty Clerk Sue Kruse polled the vote. The vote was unanimous. 5. Proposed Ordinance No. 098-26 Re: Amending Ordinance 89-38 to amend the Future Land Use Element of the Comprehensive Plan to change the land use designation from Moderate Density Residential to High Density Residential on 66.16 acres of land known as Woolbright Place PUD Attorney Orullo read Proposed Ordinance 098-26 by title only. MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Denahan moved to approve Proposed Ordinance No. 098-26. Mayor Pro Tem Tillman seconded the motion. Oty Clerk Sue Kruse polled the vote. The vote was unanimous. 27 MEETING MINUTES ,- REGULAR CITY COMflruSSION BOYNTON BEACH, FLORIDA JULY 7, 1998 MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. 098-25.Mayor Pro Tem Tillman seconded the motion. Vice Mayor Jaskiewicz requested that Attorney Cherof investigate to see if her remarks about Proposed Ordinance 098-24 are included in this Ordinance. City Clerk Sue Kruse polled the vote. The vote was unanimous. 5. Proposed Ordinance No. 098-26 Re: Amending Ordinance 89-38 of the Future Land Use Element of the Comprehensive Plan to change the land use designation from Moderate Density Residential to High Density Residential on 66.16 acres of land known as Woolbright Place PUD Attorney Cherof read Proposed Ordinance No. 098-26 by title only. Motion Commissioner Denahan moved to approve Proposed Ordinance No. 098-26. Mayor Pro Tem Tillman seconded the motior):" City Clerk Sue Kruse polled the vote. The vote was unanimous. 6. Proposed Ordinance No. 098-27 Re: Annexing a 23.4 acre parcel of land located north of Miner Road between Lawrence Road and Congress Avenue owned by Roland E. and Ceila M. Foster Attorney Cherof read Proposed Ordinance No. 098-27 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 098-27. Mayor Pro Tern Tillman seconded the motion. City Clerk Sue KnJse polled the vote. The vote was unanimous. 7. Proposed Ordinance No. 098-28 Re: Amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan to change the land use designation of 23.4 acres of land owned by Roland E. Foster and Ceila M. Foster from MR-5 in Palm Beach County to. Low Density Residential Attorney Cherof read Proposed Ordinance No. 098-28 by title only. 22 MEETING MINUTES REGULAR CITY COMMISSI"'~ BOYNTON BEACH, FLORIDA " JANUARY 20, 1998 Mike Friedland. 330 SE 3R1 Avenue. expressed delight about the schedule for the high school and the children's museum. He explained that the people of VRG and the surrounding community are interested in what happens in their area. As president of the VRG Owners' League, he thanked Larry Roberts for sharing the plans and knowledge of the Gateway Boulevard Extension and crossing from Seacrest Boulevard to the Intracoastal Waterway. . He feels the City is becoming user-friendly. Julio RodriQuez. 3855 South Lake Drive. approached the podium to speak about a proposed Palm Beach County zoning change in an area at the end of Diane Drive. However, Mayor Taylor advised that this item appears on the agenda later in the evening. VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Item #1 : First Baptist Church of Boynton Beach (LUAE 97- 002) Item #2: Woolbright Place PUD Master Plan Modification (MPMD 97-006) Item #3: Woolbright Place PUO Land Use Amendment (LUAE 97-004) Agent: Unruh-Smith & Associates Owner: First Baptist Church of Boynton Beach, Boynton Beach I Ltd. Partnership, and Boynton Beach II Ltd. Partnership Location: Woolbright PlaCe PUO (east and west sides of SW 8th Street, one- quarter mile north of the intersection of SW 8th Street and Woolbright Road) Description: Request to amend and rezone a 14.18 aae parcel within the Woolbright Place PUO to.change the existing approved use from a church to a health care campus (TABLED FROM CITY COMMISSION MEETING OF 118198) Motion Commissioner Tillman moved to remove this item from the table. Commissioner Jaskiewicz seconded the motion that carried 5-0. Mayor Taylor reminded everyone that a great deal of input was received on this item at the last meeting, and there has been some movement since that meeting. Tonighfs focus should be on that new information. He urged everyone present not to rehaliSh old information, and suggested that the supporters and opposers select a spokesperson. Attorney Cherof administered the oath to all who would testify during these proceedings. All Commissioners divulged that representatives of both sides of this issue contacted them. Ellen Smith. of Unruh. Smith & Assoclat... represented First Baptist Church. She advised that a great deal of thought was given to the comments made at the last meeting. She distributed copies of a letter to City Manager Willis dated January 20, 1998 listing compromises on behalf of the applicant. Those compromises include: 13 1(0)) '@ ((W'~lrml '. .f ' II ~ ' , ! f r'-,..,. 2 i ! II ~ ~,,,,..J ~ L~'~_~'''''''''~N_........_----1 I rl.Ai~Nlf~G ANi) I ZONING DfPT. ----L-. MEETING MINUT" REGULAR CITY (, JNlMISSION BOYNTON BEACH, FLORIDA JANUARY 20, 1998 1. The proposed 67,500 medical office building will be reduced to 39,700 square feet. This reduction is not required by the traffic circulation element of the City Comprehensive Plan to maintain level of service "C" on SW 8th Street. Rather, it is proposed to reduce total project traffic. 2. If requested by the City, a deed restriction will be recorded in the official land records limiting the intensity of development on site to: a. 34,300 square foot, 120-bed nursing home; b. a 67,500 square foot, 60-bed ClF; c. a 39,700 square foot medical office building; and d. associated infrastructure and retention. 3. Prior to the occupancy of any building on-site, the owner of the property will install traffic calming devices along the two-lane portion of SW 8th Street, if requested, as approved by the City Engineer. 4. The entrance to the medical office building shall be redesigned to only permit egress to the right (toward Woolbright Road). 5. The City shall permit no other uses of the property other than those described in Item 2 above without City Commission approval. Ms. Smith urged the Commissioners to approve this project that will make good use of these 14 acres. Jose AQuila. 800 SW 1-' Court. urged the Commissioners not to make a bad situation worse by approving this project. It is his opinion that this request is based on financial gain. A multi- family residential development is possible for this site, and would be profitable for the Church. He also feels that if the City allows this development to exceed traffic counts, another developer will demand more for his unbuilt tracts. Mr. Aguila does not believe any traffic calming alternatives are feasible because speed humps will divert the problem to SW 7th Street or leisureville Boulevard. The residents are concerned with trafflc volume. Bud Meadows. 200 SW 12" Avenue. said the proposal brought forth this evening is not based on the church developing the parcel. He requested that the Commission approve this application since the Church wants to remain in the downtown. The Church needs to separate from the PUD. The Church will be part of the drainage and infrastructure, but they do not want to build a worship center on that site, nor do they want to build a multi-family development. They have an offer to do something else and they want to move forward. The Church does not want to hurt the neighbors. and for that reason, they have made concessions recommended by staff. He urged the Commissioners to approve the changes. . Garv Brennan. attornev with Cartton-Flelds. represented the Church. He has practiced land use and zoning in Palm Beach County for 20 years. He has reviewed all of the agreements and feels the Commission is well within its legal requirements to approve the request of the applicant. Commissioner Jaskiewicz thanked the applicants for the consideration given to her remarks at the last meeting. She pointed out that whatever the Church does in the downtown is irrelevant 14 MEETING MINUTr REGULAR CITY CvMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 Mr. Aguila said the roadway Mayor Taylor proposes will not work. Furthermore, he questioned who would pay for the roadway if it could be built. In addition, speed humps will not work because people will drive around them and leave tire. tread marks in the lawns of the residents. He recommended the City purchase the nine homes along SW 8th Street in order to make this a collector road. Mayor Taylor pointed out that the City is trying to work out a solution to the traffic problem, and Mr. Aguila is only offering reasons why nothing will work. Ms. Smith said the trips for the revised proposal equal 1,798. That is a 58% increase over what is currently proposed on the property. The building envelope of the existing 750 trips is inadequate for reasonable use of the land. Vice Mayor Titcomb questioned where these trips would come from since they are an increase over the vested number of trips on this project. In addition, he questioned whether this would open the City to litigation or challenge for the other adjacent properties. Attorney Cherof does not believe approval of this project will open the City to any litigation or challenge. The trips can come frorn the total number that was vested for the site, or from a recalculated figure to indicate a higher number of trips available. Today's testimony may support a higher number. Vice Mayor Titcomb inquired if this would open the door for other properties to petition the Commission for additional trips. Attorney Cherof responded affirmatively. Ms. Smith said that door is already open and any applicant can petition this Commission to add trips to SW 8th Street. Commissioner Bradley asked for a legal opinion based on the fact that staff recommended denial of this application because of inconsistency with the Comprehensive Plan. Attorney Cherof advised that the determination of consistency with the Comp Plan is a factual determination made by the Commission based upon the testimony heard from the applicant and staff. That testimony must be reevaluated independent of the Planning & Development Board's opinions to determine whether or not the Commission feels it is consistent. Carole Fretwell. 713 SW 31'11 Avenue. said the trips increased from 750 to 1,798. This is not an increase of 58%. It is more than a 100% increase. Jeff Smith. of Slmmons.WhIte Engineers, explained that there are 1,798 trips of the site. Seven hundred fifty trips are vested. Therefore, the new net trips to be addressed equal 1,048. The new trips (1,048) over the total trips equal 1,798. The difference is 750 trips. When that figure (750) is divided by the 1,798, the answer is a 58% increase. Ms. Smith explained that the applicant has a project that meets the requirements of the Comprehensive Plan with regard to the level of service YC". The City does not have a traffic engineer to accept the methodology used by the applicant. The applicant is using the methodology from City staff and standard methodology from Palm Beach County. 16 MEETING MINUT REGULAR CITY CCMMISSION BOYNTON BEACH, FLORIDA JANUARY 20, 1998 Commission comments and comments added this evening. Commissioner Tillman seconded the motion that carried 4-1. (Commissioner Bradley dissented.) Motion Commissioner Jaskiewicz moved to approve the land use amendment for Woolbright Place PUD as per staff comments and all those included at this Commission meeting this evening. Commissioner Tillman seconded the motion that carried 4-1. (Commissioner Bradley dissented.) B. Project: Agent: Owner: Location: Description: Woolbright Twin Medical Plaza (f.k.a. Woolbright Medical Office) David Remland Fredric Newman ~outhwest comer of Woolbright Road and the E-4 Canal Request for a 12' wide utility easement abandonment in connection with development of the parcel as the Woolbright Twin. Medical Plaza, formerly referred to as Woolbright Medical Offices (Proposed Resolution No. R9B-17) The applicant was not present. and staff had no additional comments to offer. Motion Vice Mayor Titcomb moved to approve Agenda Item VII-B for the abandonment of a 12-foot wide utility easement for Woolbright Twin Medical Plaza. Commissioner Bradley seconded the motion that carried 5-0. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Discussion of Possible Town Meeting Commissioner Jaskiewicz questioned whether any future tOWJ:l- meetings are contemplated. Mayor Ta~lor is in favor of such meetings but suggested delaying them until after the election on March 10 . B. Early Retirement Commissioner Bradley requested that the Finance Director prepare a report spelling out the cost analysis of early retirement in each department. 18 MEETING MINUT" REGULAR CITY ~MISSION BOYNTON BEACH, FLORIDA ...,., JANUARY 20,1998 1. The proposed 67,500 medical office building will be reduced to 3&,700 square feet. This reduction is not required by the traffic circulation element of the City Comprehensive Plan to maintain level of service "C" on SW 8th Street. Rather, it is proposed to reduce total project traffic. 2. If requested by the City, a deed restriction will be recorded in the official land records limiting the intensity of development on site to: a. 34,300 square foot, 120-bed nursing home; b. a 67,500 square foot, 60-bed CLF; c. a 39,700 square foot medical office building; and d. associated infrastructure and retention. 3. Prior to the occupancy of any building on-site, the owner of the property will install traffic calming devices along the two-lane portion of SW 8th Street, if requested, as approved by the City Engineer. 4. The entrance to the medical office building shall be redesigned to only permit egress to the right (toward Woolbright Road). 5. The City shall permit no other uses of the property other than those described in Item 2 above without City Commission approval. Ms. Smith urged the Commissioners to approve this project that will make good use of these 14 acres. Jose Aguila. 800 SW 1-' Court. urged the Commissioners not to make a bad situation worse by approving this project. It is his opinion that this request is based on financial gain. A multi- family residential development is possible for this site, and would be profitable for the Church. He also feels that if the City allows this development to exceed traffic counts, another developer will demand more for his unbuilt tracts. Mr. Aguila does not believe any traffic calming alternatives are feasible because speed humps will divert the problem to SW 7th Street or Leisureville Boulevard. The residents are concerned with trafflc volume. Bud Meadows. 200 SW 12" Avenue. said the proposal brought forth this evening is not based on the church developing the parcel. He requested that the Commission approve this application since the Church wants to remain in the downtown. The Church needs to separate from the PUD. The Church will be part of the drainage and infrastructure, but they do not want to build a worship center on that site, nor do they want to build a multi-family development. They have an offer to do something else and they want to move forward. The Church does not want to hurt the neighbors, and for that reason, they have made concessions recommended by staff. He urged the Commissioners to approve the changes. . Garv Brennan. attornev with Cartton-Flelds. represented the Church. He has practiced land use and zoning in Palm Beach County for 20 years. He has reviewed all of the agreements and feels the Commission is well within its legal requirements to approve the request of the applicant. Commissioner Jaskiewicz thanked the applicants for the consideration given to her remarks at the last meeting. She pointed out that whatever the Church does in the downtown is irrelevant 14 MEETING MINUTES REGULAR CITY COMMISSIO.... BOYNTON BEACH, FLORIDA --\ JANUARY 20, 1998 to this discussion. In addition, the reference made by Mr. Aguila to Mr. Morton is also irrelevant since he has made many alterations to his agreement. Commissioner Jaskiewicz said this development will affect her personally since she is a resident of Leisureville. It is her opinion that this development will present the least impact. Parts of this development are almost a passive use. She cannot imagine residential of any quality being developed across from The Home Depot, Auto Discount Store or RaceTrac. She does not feel the residents would benefit by a residential development in this area. She is sympathetic with the traffic problem that needs a solution. However, she feels this use is the least objectionable of all of the uses in this area. She appreciated the applicant's effort to reduce the size of the project, and she believes it will be an asset. Mayor Taylor reminded everyone that the neighborhood to the north existed when the road was closed. There was no traffic with the exception of local traffic. However, once the road was opened, even without development, there would have been traffic generated by people traveling from south to north. As commercial was added, traffic increased, and will continue to inaease as more development is added. Mayor Taylor said he visited the site to see what could be done to solve the problem. Speed humps will slow the traffic in the area. In addition, he walked behind The Home Depot and drove through the Vinings, and believes there is room in the back for a road where truck traffic could be diverted. He recommended that staff investigate this possibility. If this road could be built, truck traffic on SW 8th Street could be restricted. Mayor Taylor does not have a problem with this use and believes there will be no traffic generation from this use in the evening. While he understands the concems of the residents to the north, we will look at ways to make this use as safe as possible and try to find options to reduce the traffic. Commissioner Tillman feels a perimeter road might be one way to solve the traffic problem in this area. His major concern with this project is that it came in as a shell. No construction plan or construction timetable was induded. He would not want to see another project get to this point unless it includes dates and timetables. Commissioner Tillman has no problem with this project and recommends that the City look at the possibility of constructing a perimeter road. Commissioner Bradley feels the improvements plan for the existing Church sound great because it is a terrific use of the investment gains out of the property. However, he explained that the Church paid approximately $180,000 for the land 10 years ago. It is estimated that if a residential project was built. the profit would be approximately $1 million. If a commercial project is built, the profit would double to $2 million or more. More is better because you can build more. It is the Church's right to do that unless it negatively impacts ('ther people. That is the problem with this development. There is too much traffic on SW 8th Street today. There are still 150,000 square feet remaining to be developed after this 14-acre parcel. The recommendation for Moderate Density Residential that would nave 105 or 110 units would not exceed the 750 trips vested for that property. Commissioner Bradley will not support this request. Vice Mayor Titcomb requested that the applicant explain the percentage of the increase of trips that are generated with the reduction in usage of space of the 750 vested trips. Attorney Cherof explained that the 750 was broken down. The Church school for 500 pupils was 510 trips and the 1,200 seat Church was 240 trips. 15 , ^''''?~~-----------. MEETING MINUTr REGULAR CITY ~ISSION BOYNTON BEACH, FLORIDA ..,., JANUARY 20, 1998 Mr. Aguila said the roadway Mayor Taylor proposes will not work. Furthermore, he questioned who would pay for the roadway if it could be built. In addition, speed humps will not work because people will drive around them and leave tire. tread marks in the lawns of the residents. He recommended the City purchase the nine homes along SW 8th Street in order to make this a collector road. Mayor Taylor pointed out that the City is trying to work out a solution to the traffic problem, and Mr. Aguila is only offering reasons why nothing will work. Ms. Smith said the trips for the revised proposal equal 1 ,798. That is a 58% increase over what is currently proposed on the property. The building envelope of the existing 750 trips is inadequate for reasonable use of the land. Vice Mayor Titcomb questioned where these trips would come from since they are an increase over the vested number of trips on this project. In addition, he questioned whether this would open the City to litigation or challenge for the other adjacent properties. Attorney Cherof does not believe approval of this project will open the City to any litigation or challenge. The trips can come from the total number that was vested for the site, or from a recalculated figure to indicate a higher number of trips available. Today's testimony may support a higher number. Vice Mayor Titcomb inquired if this would open the door for other properties to petition the Commission for additional trips. Attorney Cherof responded affirmatively. Ms. Smith said that door is already open and any applicant can petition this Commission to add trips to SW 8lh Street. Commissioner Bradley asked for a legal opinion based on the fact that staff recommended denial of this application because of inconsistency with the Comprehensive Plan. Attorney Cherof advised that the determination of consistency with the Comp Plan is a factual determination made by the Commission based upon the testimony heard from the applicant and staff. That testimony must be reevaluated independent of the Planning & Development Board's opinions to determine whether or not the Commission feels it is consistent. Carole Fretwell. 713 SW 31'11 Avenue. said the trips increased from 750 to 1,798. This is not an increase of 58%. It is more than a 100% increase. Jeff Smith. of Simmons-White Enalneers, explained that there are 1,798 trips of the site. Seven hundred fifty trips are vested. Therefore, the new net trips to be addressed equal 1,048. The new trips (1,048) over the total trips equal 1,798. The difference is 750 trips. When that figure (750) is divided by the 1.798, the answer is a 58% increase. Ms. Smith explained that the applicant has a project that meets the requirements of the Comprehensive Plan with regard to the level of service "C". The City does not have a traffic engineer to accept the methodology used by the applicant. The applicant is using the methodology from City staff and standard methodology from Palm Beach County. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 Vice Mayor Titcomb expressed concern about this project because it is a good project that is pitting good people against good people. He feels this project is appropriate for this site. He explained that if it is approved, he would like the City to designate swath Street as a "No Thru Truck" street as a way to decrease the traffic impact. He pointed out that the City could not compel homeowners to sell their homes on swath Street. While he is still not totally comfortable with this project, he is impressed with the efforts made by the church and their agents to listen to the conditions of the approval that might be considered. Speed humps and closing the road to trucks and diverting traffic to the south will have an impact on lessening the traffic to the north. Although the traffic on this road is bad now, it will get much worse based on what is vested in this area. Vice Mayor Titcomb explained that in order for him to support this application, the applicant would have to adhere to all conditions listed. This would include that the City or applicant investigate the closure of the through-street to trucks entering the commercial projects from Boynton Beach Boulevard, and that any other calming and traffic devices deemed by the City and indicated will be implemented prior to anything going forward. This would also include the conditions that include deed restrictions. Tambri Heyden, Planning & Zoning Director, advised that staff does not recommend that the project entrance be limited to right-tum only. Staff investigated the closing of SW 8th Street just north of Crystal Key. Staff learned that this would have a negative effect on the level of service of the intersection of Woolbright Road and swath Street that would put it under the adopted level of service. Staff observed that the median opening across from The Home Depot and Cracker Barrel is being used for "U" tums. If the egress of the driveway is restricted to right-tum only, people will turn right and make a "U" turn further south. Motion Commissioner Jaskiewicz moved to amend and rezone a 14.18 acre parcel within the Woolbright Place PUD to change the existing approved use from a church to a health care campus as per all staff comments and the additional Commission comments that were agreed to in Items 1, 2, 3, and 5 submitted by Ms. Smith. In addition, Commissioner Jaskiewicz stated that if the building permit or land development permit is not obtained within an 18-month period, the zoning would revert back. Commissioner Tillman seconded the motion. In response to Mayor Taylor, Commissioner Jaskiewicz agreed that her motion includes having staff look into limiting truck traffic on swath Street. The motion carried 4-1. (Commissioner Bradley dissented.) MAYOR TAYLOR DECLARED A BRIEF RECESS. THE MEETING RESUMED AT 8:52 P.M. Mayor Taylor pointed out that the last item was a three-part item. Therefore, two additional motions are required. Motion Commissioner Jaskiewicz moved to request to remove Trad F. the Church parcel, from the master plan in connection with the request to reclassify and rezone Tract "F" to replace the planned church with a health care campus as per conditions in staff comments, additional 17 MEETING MINUT~ REGULAR CITY C'CMMISSION BOYNTON BEACH, FLORIDA ...,." JANUARY 20, 1998 Commission comments and comments added this evening. Commissioner Tillman seconded the motion that carried 4-1. (Commissioner Bradley dissented.) Motion Commissioner Jaskiewicz moved to approve the land use amendment for Woolbright Place PUD as per staff comments and all those included at this Commission meeting this evening. Commissioner Tillman seconded the motion that carried 4-1. (Commissioner Bradley dissented.) B. Project: Agent: Owner: Location: Description: Woolbright Twin Medical Plaza (f.k.a. Woolbright Medical Office) David Remland Fredric Newman ~outhwest corner of Woolbright Road and the E-4 Canal Request for a 12' wide utility easement abandonment in connection with development of the parcel as the Woolbright Twin. Medical Plaza, formerly referred to as Woolbright Medical Offices (Proposed Resolution No. R9B-17) The applicant was not present, and staff had no additional comments to offer. Motion Vice Mayor Titcomb moved to approve Agenda Item VII-B for the abandonment of a 12-foot wide utility easement for Woolbright Twin Medical Plaza. Commissioner Bradley seconded the motion that carried 5-0. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Discussion of Possible Town Meeting Commissioner Jaskiewicz questioned whether any future tOWD-meetings are contemplated. Mayor Ta~lor is in favor of such meetings but suggested delaying them until after the election on March 10 . B. Early Retirement Commissioner Bradley requested that the Finance Director prepare a report spelling out the cost analysis of early retirement in each department. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA VII. PUBLIC HEARING: A. Project: Agent: Owner: Location: Description: .r B. Project: Agent: Owner: Location: Description: JANUARY 6,1998 Foster Property (ANNX 97-001 and LUAE 97-003) Julian Bryan and Associates Roland E. and Leila M. Foster North side of Miner Road, one-half mile west of Congress Avenue Request for annexation, the amendment of the Future Land Use Map of the Comprehensive Plan from MR-5 in Palm Beach County to Low Density Residential, and to rezone the property from Agricultural Residential (AR) in Palm Beach County to Planned Unit Development with a land use intensity of 4.0 (PUD with LUI=4.0) to allow for 98 zero lot line, single-family homes Item #1 First Baptist Church of Boynton Beach (LUAE 97 -002) Item #2 Woolbright Place PUD Master Plan Modification (MPMD 97-006) Item #3 Woolbright Place PUD Land Use Amendment (LUAE 97-004) Unruh-Smith & Associates First Baptist Church of Boynton Beach, Boynton Beach I Ltd. Partnership, and Boynton Beach II ltd. Partnership Woolbright Place PUD (east and west sides of SW 8th Street, one- quarter mile north of the intersection of SW 8th Street and Woolbright Road Request to amend and rezone a 14.18 acre parcel within the Woolbright Place PUD to change the existing approved use from a church to a health care campus Attorney Cherof administered the oath to all who would testify during these proceedings. Ellen Smith. DeveloDment Planner with Unruh Smith & Associates. represented the applicant. She thanked staff for their professionalism in keeping the applicant on track during this Comprehensive Plan process. She further thanked the residents of Leisureville who met with the applicant on Friday. In response to that meeting, the applicant revised the site plan. Copies of those revisions were distributed to the Commissioners and are attached to the original set of these minutes on file in the City Clerk's Office. Ms. Smith referred to Page 3 of Planning & Zoning Division' Memorandum No. 97-596 that provides excerpts from the City's Comprehensive Plan. This is a transitional, moderate-impact site plan that will respect the neighbors. The project meets concurrency and will maintain the character of the surrounding community. Adverse impacts on the natural environment will be minimized. This project meets the first goal of the Comprehensive Plan. With respect to infrastructure, this proposal will not change any of the water or sewer lines currently in place. There will be no impact on the school system, park system, or drainage system of the City. The Traffic Circulation Element requires the project to maintain Level of Service C or better on daily and peak-hour conditions on roads such as SW 8th. Since 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6,1998 Woolbright Road is a County roadway, they set the Level of Service. This project is well within the limits of the Traffic Circulation Element as it relates to all of the roads. This project has been designed to be sensitive to the commercial activities and residential community bordering it. The project has all of the characteristics of a mixed-use project, and is appropriately located. The commercial portions of the project are quiet. There are day impacts, but there is no noise, odor, or early or late hours. It is consistent with the character of the surrounding area. Higher densities are not being proposed. This project will not change the character of Lake Boynton Estates. Lake Boynton Estates is one-quarter mile north of this .. project, across a five-acre preserve and a 12-acre retention area that is permanent open space. In addition, it is across a four-lane divided highway. The Vinings Apartment Complex is adjacent to the residential portion of this proposed project. The Vinings is 16.8 units per acre. There are 13 beds per acre in this proposed project. The First Baptist Church purchased this property for their future church. When the church was proposed, deed restrictions ran with the land and the surrounding area. Those restrictions would not allow certain uses to be built within close proximity of the church. Those deed restrictions have expired, and some of those uses have been developed. The church no longer feels this location is appropriate for their use. This project is compatible with the scale. It is across from the Shoppes of Woolbright. There have been suggestions to develop this property as residential. The traffic vested for the church is approximately 750 trips per day. This figure equates to 75 homes. Seventy-five homes on 14.8 acres would be a density of 1.9 units per acre. The applicant does not feel 2-units per acre is logical on this property. If the applicant decided to develop a project similar to the Vinings, he would be over the traffic proposed. In addition, it is felt that this location may not be appropriate for residential since it is very close to commercial. Ms. Smith urged the Commission to support this proposal. Tambri Heyden, Planning & Zoning Director, advised that staff recommends denial of this request for two reasons. The primary reason for denial is traffic and the increase in the number of trips this project will generate beyond what is vested for this parcel. Level of Service C is our adopted Level of Service. Southwest 8th Street is a local street. Palm Beach County is not required to review it, nor do they have standards available for such a review. Level of Service is lowered with the number of traffic lights and stop signs. Staff concurs with the applicant about the daily trips. A count taken during peak indicated 6,374 daily trips per day. Staff has reduced that number to an average of 6,102 daily trips. Staff used a table that indicates that the threshold for Level of Service C for this road is 8,800. This project will be over the threshold for Level of Service C by 432 average .trips per day. The office building is the major traffic generator of this complex. It generates approximately 80% of the overall trips. It is a three-story building. If that portion of the project was reduced by one floor, it will still be over the threshold for Level of Service C by approximately 125 average daily trips. The second reason for denial is we have seen an inundation of ACLFs and nursing homes over the past year. Some of them have been approved and others have gone through a number of 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JAN UARY 6, 1998 time extensions. In reviewing the Comprehensive Plan, we have filled our demands for this use in our area. Ms. Smith explained that Level of Service C is a range, and everyone has a different way of defining it. The City's Codes do not define Level of Service C. One of many definitions available defines it as 8,800. The applicant's traffic engineer does not believe the level of traffic for this project meets the City's Level of Service C considering the formula the applicant was asked to use. Rob Rennebaum, a registered Professional Engineer with Simmons & White Engineers, has been performing traffic engineering for approximately 15 years. Eleven years have been spent doing this job in Palm Beach County. Mr. Rennebaum is a member of the Palm Beach County Access Management Task Team, serves on the Palm Beach County Traffic Performance Appeals Board and is a member of the National Institute of Transportation. In the original staff report prepared for the Planning & Development Board, the numbers indicated that the applicant would be over the Level of Service. Staff has agreed with Mr. Rennebaum's number of 6,100 trips. The staff report indicated the number staff felt was approved but not built. Even though those trips are not on the road, staff felt they should be considered. The applicant did consider those trips along with the trips associated with their project. The applicant also considered the trips that would travel north on SW 8th. The original report assigned 20% of the project trips north. When Mr. Rennebaum prepared his report, he was conservative and assigned 40% of the project trips north. He also dealt with the number that was approved, but is not built. Mr. Rennebaum was able to show that the applicant was under the most conservative way of looking at Level of Service C (8,800). The confusing issue involves the fact that Level of Service C is a range. County standards do not apply. The applicant must use the FOOT statewide standards to establish Level of Service C. This is based on number of signals per mile. Level of Service C is 15,000 at 2 ~ signals per mile. At 2 ~ to 4 ~ signals per mile, the figure is 8,800. Signalized intersections per mile are figured by length link. It is one mile from Woolbright Road to Boynton Beach Boulevard. DOT mandates that each signal at each end be counted as one-half of one signal. This amounts to a total of one signal for this area. Therefore, the applicant is dealing with a link that is one mile long with one signal (following DOT standards). Therefore, Level of Service C would be 15,000 in the one-mile range. Staff indicated that the project was over Level of Service C by 432 trips. That figure is based on 2 ~ to 4 ~ signals per mile. That is not the appropriate table to use to analyze this link. Although it appears clear that the table to be used should be 15,200, stop signs must be considered. There are two stop signs on this link. Mr. Renneb::tum stated that Level of Service C for this road is somewhere in the range of 15,000 and 8,800. DOT does not have a clear table that includes calculations when stop signs are involved. Level of Service is based on delay in travel times. Stop signs cause delay and reduce travel speeds and travel times. However, they do not have the same effect as signals. Mr. Rennebaum feels staff reinvestigated what is approved but not built and determined that amounts to 400 to 500 trips. Mr. Rennebaum stated that he was very conservative in his calculations by using the worst table that was available (8,800). In a worst-case scenario, Mr. Rennebaum's report indicates the applicant would be a few trips lower. As an expert, Mr. Rennebaum does not believe this project will cause SW 8th Street to go over Level of Service C. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6,1998 Bulent Kastarlak, Director of Development, feels the size of the medical building is equivalent to a hospital. This facility alone is 67,000 square feet. This is not a neighborhood type of medical facility. - He does not feel this site plan is sensitive to the quality of the environment in this area. In addition, he pointed out that the road narrows to two lanes just a few hundred yards north of this project. This will present a traffic problem. Mr. Rennebaum stated that his entire discussion was based on the two-lane roadway - not the four-lane roadway to the south. r MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Following is a list of people who spoke in opposition of the proposal. Their concerns focused on the traffic that would impact their neighborhood. Margy Lenhertz Steven Scott Gary Lenhertz Neal Smith Daryl Green Robert Clark Stanley Olsen Howard Brown Robert Hahn Susan Hahn Jose Aguila Tom Mathis 619 SW 2nd Avenue 215 SW 8th Street 619 SW 2nd Avenue 220 SW 8th Street 645 SW 2nd Avenue 744 SW 1 st Court 106 NW 8th Street 732 West Ocean 746 West Ocean 746 West Ocean 800 SW 1 sl Court 731 West Ocean Ms. Ellen Alexander, 604 Canal Way, expressed concern about the three-story medical building that was proposed. Following is a list of people who spoke in favor of this project. They support the sale of this property since they feel a church use is no longer appropriate in this location. Furthermore, they wish to remain in the downtown area of Boynton Beach and be part of the revitalization of the City. Bud Meadows Dave Edward Dorothy Von Gary Brandenburg Cliff Melear Ann Wemiss Lee Wische* 200 SW 12th Avenue 1360 SW 27th Place 334 SW 11 th Avenue Law firm of Carlton Fields 312 SW 11th Avenue 6760 East View Drive, Lantana 1302 SW 18th Street *Mr. Wische submitted a letter of support from Clyde Heisinger, President of the Board of Directors of Palm Beach Leisureville Community Association, Inc. The letter is attached to the original set of these minutes on file in the City Clerk's Office. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6,1998 Greg Kino, attorney with Boose, Casey & Ciklin, and representing Woolbright PCD and Howard Scharlin, advised that the property owner has not breached the covenants. There was a five-year time period that prohibited certain uses from being constructed. That time period has expired. The only use that was inconsistent with the covenant was the drive-through. With respect to traffic, Mr. Kino reminded the Commissioners that his client is vested for a certain amount of trips and square footage. No further road improvements will be necessitated by his applicant's projects, and his client will not provide funding for any road improvements that might be necessary in the future if approval of this project results in the total amount of trips exceeding the amount of vested trips. r Mr. Kino explained that the City has told his client he cannot exceed the amount of vested trips for his project. The applicant has felt that would be possible if he could meet the adopted Level of Service on the roadways. The church is now doing that by going beyond 750. In the event his client has a user that will exceed the vested trips, they will proceed under this same type of scenario as long as they meet the Level of Service. Mr. Kino's client is not opposed to the proposed uses. However, he does not expect the buyer to object to any future retail or commercial type use his client proposes. Mr. Kino was somewhat concerned that the applicant would withdraw from the cost of the drainage maintenance. However, he realized that the applicant has agreed to remain within the maintenance association and pay their fair share of drainage. He requested that the Commission consider this as a condition of approval of this project. WITH NO ONE ELSE WISHING TO SPEAK, MAYOR TAYLOR CLOSED THE PUBLIC HEARING. Ms. Smith addressed some of the concerns mentioned by the residents. . For the purpose of proceeding, Ms. Smith agreed with staff on traffic Level of Service and definition. The applicant will accept 432 average daily trips which equals a reduction of 12,650 square feet off the medical building. . The applicant feels this parcel is a good location for the CLF and an offer is imminently expected if this proposal is approved by the Commission. . The proposal is well beneath the lot coverage percentage allowed in this area. Only 28% of the lot will be covered. In response to Mayor Taylor, Ms. Smith said she did not agree to eliminate one story of the medical facility because that would amount to 33,000 square feet. However, they will reduce the square footage of the facility. . Commissioner Jaskiewicz did not feel this particular project would cause the truck traffic concerns expressed by the residents. The people who will be served at this CLF will probably not be driving during peak hours. In addition, most medical facilities close by 5:00 p.m. Commissioner Jaskiewicz likes the mix of uses proposed in this project, and the fact that time frames will not coincide with traffic from The Home Depot. Commissioner Jaskiewicz suggested that the applicant consider construction of a right-turn only out of the medical complex. This would reduce the amount of traffic traveling north on SW 8th. She further recommends that staff investigate solutions to the traffic problems in this area, perhaps by constructing a loop road 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6,1998 along Morton's Way. Commissioner Jaskiewicz agrees with staff that the medical office building is not acceptable with respect to size. It should not exceed two stories. She would want a commitment that if this project is approved, that it will be built on that property within a specified period of time, or the zoning would revert back to its current zoning designation. Vice Mayor Titcomb realized that the problem with this petition was the ongoing negative impacts on the neighborhoods to the north. He recommended that staff investigate the possibility of abandoning SW 8th Street past the conservation area up to Ocean Drive, and dedicating it to a public park. By doing this, the traffic problem would be solved. In order for Vice Mayor Tifcomb to support this project, he would like the office building reduced to two stories to guarantee the reduction of traffic trips. He feels this' project is compatible with surrounding uses. He requested that a solution be found to the traffic problem that will impact the neighborhood to the north. If that problem is solved, he will support this petition. Commissioner Bradley agreed that the traffic has increased a great deal since the road was opened approximately one year ago. He requested that staff comment on Vice Mayor Titcomb's suggestion to abandon the roadway. Commissioner Tillman was in agreement with Vice Mayor Titcomb's remarks. In addition, he feels the biggest issue is the size of the middle building. A reduction in the size of that building would gain his support for the project. He also agreed that something must be done about the traffic problem in this area. He pointed out that traffic would be generated regardless of the project that is developed on this property. He will support this project with a reduced size medical facility. Mayor Taylor said he would not support abandoning a major road in this City because he does not see that as a solution to the problem. While he understands that there are problems because of increased traffic, he realizes those problems will be exacerbated as the remainder of the property is developed. He suggested that the applicant consider funding speed humps on SW 8th (right off Boynton Beach Boulevard) when construction commences. These speed humps will deter people from using the roadway. He will support this petition if the medical facility is reduced to two stories. He agreed that staff needs to look at ways to deter traffic off SW 8th Street. A new resident of the area recommended that Ocean Drive at SW 8th to Boynton Beach Boulevard be changed to a one-way roadway to eliminate traffic in this area. Ms. Smith agreed to ~ ttu~ number of stori_~~_ of the medical facility to two. However, she requested that the size be allowed within the '"')lIottedtr.affic capac!b'. That number is approximately 54,000 square feet which is a reduction from' the originally proposed 67,000 square feet. The applicant~s to fund sDeed humps concurrent with issuance of Certificate of Occupancy. The applicant has explored the possibility of having the medical facility closest to Cracker Barrel. Although it would be less efficient than having it in the center of the site, the applicant would be willing to move that facility. David Cheer, Planner/Landscape Architect and President of Seminole Bay Land Company, said the building was placed in the middle of the site because it is the major traffic generator. It was important to keep the traffic close to the intersection. In addition, an effort was made to save as many existing trees as possible on the site. 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6,1998 When Ms. Smith suggested this was a trade-off for the right-turn only lane, Mayor Taylor advised that this would be addressed at site plan. In Ms. Smith's opinion, the proposal is a good use of the property. However, it will come back to the Commission if any other project is suggested in the future. She recommended that the expiration of the Comprehensive Plan and rezoning request be tied to the life of the master plan. Ms. Heyden explained that the life of the rezoning is 18 months. If it is not acted on within that time period, it will revert to the original zoning. Commissioner Bradley asked for residents' input with respect to the installation of speed humps. Jose Aguila said he is not an expert on speed humps, and is not certain they are legal. He supports the closing of the road to through-traffic. He reminded the Commissioners that if this project is approved and the applicant exceeds the vested trips for the project, this would open the door for other developers to require the same treatment. Attorney Cherof pointed out that there were a number of issues discussed during these proceedings that were not incorporated in the conditions of approval, the comments of staff, or comments of the Planning & Development Board. In addition, the applicant spoke of conditions they are amenable to. A number of questions were posed, and staff should have an opportunity to investigate and report back. Attorney Cherof recommended tabling this item to provide an opportunity to review the record so that all conditions can be documented and staff can have the opportunity to respond with respect to the issue of speed humps and road closure. In response to Mayor Taylor, Mr. Kastarlak advised that staff would be ready to provide a response with respect to the issues of speed humps and road closure within two weeks. Ms. Heyden said clarification is needed with respect to the height of the medical facility. It was her impression that the Commission wants the facility reduced in size to two stories. That would result in the reduction of 33,000 square feet. However, the applicant's offer to reduce the square footage equates to the number of trips they are over the threshold. Ms. Smith advised that this would equate to the 432 average daily trips that staff says exceed Level of Service Con SW 8th and Ocean. A reduction in the building of 12,650 square feet will achieve consistency with the City's Level of Service. That is what the applicant would like to build at a two-story level. Commissioner Bradley explained that the Level of Service is still questionable. He requested that the numbers be crunched to remove the entire third story while still keeping the same footprint. That would amount to a reduction of 33,000 square feet. Ms. Smith said that would more than exceed what is required by the Plan. Ms. Smith will provide the traffic savings at the next meeting. Mayor Taylor felt this discussion could take place when the applicant comes back at the next meeting. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6,1998 Motion Vice Mayor Titcomb moved to table this to the next meeting as per the City Attorney. Commissioner Tillman seconded the motion that carried 5-0. Mr. Aguila confirmed with Mayor Taylor that public input would be accepted at the next meeting with respect to the findings - not to rehash everything that was discussed at this meeting. Michael Morton, Woolbright Place development, said he is not opposed to approving this project, but her would be vehemently opposed to the closure of SW 8th Street. The shopping center was planned dependent on the fact that the street goes from Woolbright Road to Boynton Beach Boulevard. The City cannot usurp his right to use that street in order to put 2,000 more trips on the road. He still has 157,000 square feet left to build. This proposed project is adding 67,000 square feet of retail that amounts to a 40% increase. There will be a lot more traffic on SW 8th Street that was planned for and approved. The City cannot close SW 8th Street. Mayor Taylor said he tried to point out that fact earlier in the meeting. He reminded everyone present that the next City Commission meeting would be on January 20, 1998. MAYOR TAYLOR DECLARED A BRIEF RECESS AT 9:50 P.M. THE MEETING RECONVENED AT 10:05 P.M. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Discuss amendment of Code to permit the Nuisance Abatement Board to impose fines B. Authorization to amend agreement for professional services with Bryant, Miller & Olive XI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 097-54 Re: Amending the future land use map of the Comprehensive Plan from Low Density Residential to Public and Governmental/Institutional for Cedar Ridge PUD and High Ridge Commerce Park PID, a 6.37 acre parcel) Attorney Cherof read Proposed Ordinance No. 097-54 by title only. 13 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 22, 1997 to rezone the property from Agricultural Residential (AR) in Palm Beach County to Planned Unit Development with a land use intensity of 4.0 to allow for 98 zero lot line, single-family homes, subject to all staff comments, and subject to Cypress Mulch not being used. Mr. Aguila seconded the motion, which carried 7-0. Mr. Perry thanked Ms. Heyden and her staff for their assistance. 4. Project: Agent: Owner: Location:: Description: See discussion below. 5. Project: Agent: Owner: Location: Description: See discussion below. B. Subdivision Woolbright Place PUD Unruh-Smith & Associates Boynton Beach I Ltd. Partnership and TCRDAD Vinings at Boynton Beach II Ltd. Partnership The east and west sides of S.W. 8th Street, one- quarter mile north of Woolbright Road Request to amend the Future Land Use Map of the Comprehensive Plan from Moderate Density Residential to High Density Residential. First Baptist Church of Boynton Beach Unruh-Smith & Associates First Baptist Church of Boynton Beach The west side of S.W. 8th Street, one-quarter mile north of the intersection of S.W. 8th Street and Woolbright Road Request to amend the Future Land Use Map of the Comprehensive Plan from Moderate Density Residential to Local Retail Commercial and to rezone the property from Planned Unit Development (PUD) to Planned Commercial Development (PCD) to allow for a nursing home, medical office building and an adult living facility on 14.18 acres. Master Plan Modification 1. Project: Agent: Owner: Woolbright Place PUD Unruh-Smith & Associates Boynton Beach I Ltd. Partnership and TCRDAD Vinings at Boynton Beach II Ltd. Partnership 9 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 22, 1997 Location: The east and west sides of S.W. 8th Street, one- quarter mile north of Woolbright Road Description: Request to amend the Woolbright Place (PUD) master plan by removing from the PUD a 14.18 acre parcel originally approved for a church. Ellen Smith of Unruh-Smith & Associates advised that City staff recommended denial of the plan amendment for the commercial designation for the 14 acres. Staff also recornmended denial of the master plan amendment. The proposal is to extract 14 acres from a larger PUD for the purposes of developing a health care campus. In order to accornplish this, they had to file three different applications with the City. These three applications are before this board this evening. The first application would extract 14 acres from the overall 81 acres of the Woolbright Place PUD. It would also alter the density of the remaining land. This is necessary for two reasons. First, the existing Comprehensive Plan density on the Woolbright Place PUD is incorrect. What exists on the ground, as approved, is inconsistent with the Comprehensive Plan density. This application fixes that. This application also exacerbates the density inconsistency because it removes some land, and the inclusion of the property effedively dilutes the_ density of the existing PUD. Therefore, by taking this land out, density goes up. They are not adding a single home, a single trip, or a single unit to the Woolbright Place PUD. The second item before the Board requests a Comprehensive Plan and rezoning designation of commercial on the 14 acres that have been extracted from the Woolbright Place PUD, and the third application requests approval of a rnedical care campus consisting of a nursing home, a congregate care facility, and a medical office. Ms. Smith stated that the project is consistent with the code and the Comprehensive Plan in terms of the first 12 objectives. She addressed Objective 1.3 of the Comprehensive Plan and said it discourages sprawl and promotes compact urban development. She stated that this project is not sprawled. It is in the heart of activity of Boynton Beach. It is not in the downtown, but it is in town. This same objective encourages planned mixed use projects that are sensitive to the surrounding area. She stated that this project may not be mixed use, but it has that same sort of synergy and it is a planned development with the medical office facility being able to service the nursing home and the CLF. Another part of what makes the synergy of the project work are the people who come into the CLF as married couples and then one of them begins to require a higher level of care. They could co-exist together with skilled health care professionals in the rniddle of the site. In addition, the majority of this projed is adjacent to intense commercial uses. The least intense portion of this projed is placed as close to a neighborhood as possible. The eLF building is on the northwest corner of the site. 10 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 22, 1997 Objective 1.6 requires that uses within districts be compatible. The ClF, the nursing home, and the whole health care campus component are compatible witt' the neighbors. These types of uses are permitted even in the moderate and higher levels. With regard to Item 7.A.5, page 4 of the staff report discusses some other goals and objectives of the Comprehensive Plan. Objective 1.17 seeks to minimize land use conflicts. This project is a great transition from the intense commercial uses to the south and to the east of the Shoppes of Woolbright and the Woolbright Place PCD to a rather dense residential project and a little less dense residential project here. Therefore, it is a wonderful, appropriate transition. It is a use that is quiet in the day and has only daytime impacts associated with the medical office building. The people in the ClF and the nursing home will not leave the property as frequently as other residential uses. It is a similar institutional use as what is already approved. It will not impact the school system. It is not an outdoor-oriented residential facility, which makes it consistent with the character of its neighbor to the west and leisureville. There are no extended hours of operation to make this inconsistent. They have designed a situation that minimizes any potential land use conflict with regard to the neighbors. Objective 1.17.8 states that proposals should maintain the character of existing single- family neighborhoods by preventing conversion to a higher density. This application does not affect any density of any surrounding single-family development. In fact, the density of the proposed ClF portion is less than the density of its neighbor, the Vinings. The single-family neighborhood referred to in staffs report, the lake Boynton Estates area, is about a quarter of a mile away beyond a preserve area. The water tract to the north is designated as a water preserve tract. Therefore, a tremendous buffer exists, and it is across a four-lane divided highway. They believe it is quite compatible with what is around it and in no way will affect an existing single-family neighborhood. The Comprehensive Plan states that any proposal should improve the character of the surrounding area. They believe this proposed project would be a terrific buffer between many of the homes in Leisureville. She pointed out that Leisureville has complained about the noise and odor associated with the Cracker Barrel Restaurant. She also pointed out that vacant land does nothing to put a buffer in place. The proposed buildings and the landscaping would make a good impact. The Comprehensive Plan also discourages commercial uses except where access is great and impacts on residential uses are least. The same objective advises the use of buffering and minimized impacts. This property is terrific for a health care campus because the access is so great and the population is dense around it. There is acceptable access to the major arterials and expressways of the community to serve a use like this. The proposed landscaping for this project exceeds the code. The proposed design minimizes impact, uses buffering, and has commercial uses where access is appropriate. 11 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 22, 1997 The Comprehensive Plan also states that new commercial should be placed on infill parcels or on specialized land that has specialized loeational or site requirements. Beeause of the population demographics that surround this use, this is a specialized location for this type of use and this proposal meets that criteria. This proposal is quite consistent with the area around it and will not create an isolated zoning district. It is related to the adjacent district and no special grant is being requested. When the First Baptist Church purchased this parcel, it came along with a document of restrictive covenants placed on the land. The spirit of that was that certain uses are incompatible with the church, 'such as the sale of alcohol and tobacco. Since then, the gas station facility was built and includes the sale of those items. Therefore, there is a change of conditions. Ms. Smith addressed whether or not the proposed rezoning is compatible with the utility system, roadways, and other public facilities. She stated that the staff report discusses the potential impact of this project on S.W. 8th Street, which runs along the eastern border of this property. She advised that they meet Countywide concurrency and loeal standards for local roads. The Comprehensive Plan states that developments should meet level of Service C. She pointed out that level of Service C is a range from 8,800 to 14,299 trips a day. She submitted an excerpt from the Department of Transportation with regard to the standards of level of Service. The people in the nursing home will not drive. The people in the ClF may drive on occasion. The bulk of the traffic associated with this project would come from the medical office building, which is not necessarily a peak use. Southwest 8th Street is an appropriate place for this use. There is an 80 foot right-of-way and a four lane divided road. The traffic count associated with level of Service C on a four lane divided road is 31,000 trips a day. The 8,800 trips a day is the beginning of level of Service C for a two lane section of the road. She advised that the traffic counts were taken last week and pointed out that this is the week before Christmas when the roadways are crowded. These uses are low traffic generators. Typical uses in commercial districts generally are higher. A retail center that could be built on this property would total about 240,000 square feet of space and would have twice the traffic. Ms. Smith stated that they are compatible with the scale of the neighborhood. The density is about 12 beds an acre and the Vinings' net density is about 16. A ClF and a nursing home should be close to a residential area to minimize the feeling of emotional segregation from the rest of the world. She believed this is an appropriate use of this land and requested approval of all three items. She submitted a letter from the President of the Palm Beach leisureville Community Association in support of this project. 12 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 22, 1997 Mr. Aguila asked if the property owners in Leisureville were notified of this or if the Board of Directors took it upon themselves to speak for the entire community. Chairman Wische advised that he met with a group of residents in Leisureville and they were concerned about how close the proposed project is going to be to three homes on Canal Way (702, 704 and 706). Mr. Aguila stated that he did not know enough about this project until last week to form an opinion. He wondered how the Board of Directors of Palm Beach Leisureville knew enough about it to write a letter of support on December 8th. Mr. Rumpf stated that from information that was collected by the Palm Beach County Traffic Engineering Office, 8,800 trips is the upper end of CD. CD is the transition from C to D. The County does not comment on local streets or impact on local streets. Therefore, a traffic impact statement or summary is not going to address impacts on local streets. Staff had to evaluate its own impact. They requested that trips be counted and the County obliged and did that technical work. He pointed out that in 1986 when the original master plan was established, staff voiced some concerns about traffic impacting the area north of the project. With regard to the road being two lanes or four lanes, it converges into two lanes prior to the northern extent of the project. The right-of-way is designed as a local street. The County does not have the data to review a local street. It is performing, by their definition, as a collector road, based on proximity to intense uses and the volume of traffic. He stated that staff needs to clarify the upper threshold of the C limit. Chairman Wische asked if the traffic threshold is at its capacity. Mr. Rumpf said it is not if you include the current developed status of the environment. However, if you include vested trips (those trips that are destined for the roadways once the approved square footage is completed), it would exceed its capacity. There are still over 9,000 trips vested or approved for the master plan that are yet to be felt on the roadways. Mr. Myott wondered if these items should be tabled in order for staff to check its calculations. Ms. Heyden advised that the City does not have a Traffic Engineer on board and has not had a Traffic Consultant on retainer for over seven years. Palm Beach County has been doing the City's reviews. However, this is a local street and they have nothing to do with it. City staff did it on their own as best they could and used information that they thought was correct. However, she felt the bigger issue is that the City fathers and the taxpayers had an agreement regarding what would be tolerated with regard to development of PUDs and PCDs in terms of traffic. She stated that this project was evaluated under outdated standards. Even at that time and under those standards, we decided to accept that traffic impact on the Lake Boynton Estates area. In her opinion, 13 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 22, 1997 the Lake Boynton Estates neighborhood is the most impacted by this application. They are the ones who are going to feel the traffic. They are feeling it now and staff receive~ complaints all the time. This parcel is vested for 750 trips per day. This application would almost triple those trips per day. Realistically, that road cannot be widened. The right-of-way would be involved and homes would be impacted. She questioned who would pay to widen the road. If it were widened, it would impact the neighborhood. The increase in speed and the four lanes would ruin the homes that front on that roadway. This project would increase the number of trips. She felt the board also needs to consider the other parcels that are not built. She stated that commercial uses are more appropriately designated to areas centered around collectors and arterials. Southwest 8th Street is clearly a two-lane local street from one part of the project northward. It is not a place to be further encroaching a commercial neighborhood. With regard to the comment Ms. Smith made about Cracker Barrel, Ms. Heyden advised that this project is part of the pce, which has a higher level of expectation in terms of designing the master plan for that commercial project. There is a greenbelt buffer between Cracker Barrel and whatever the use on the church parcel ends up being. She stated that you need to trade off any commercial application against what is already allowed in a PUD. There are other uses that are not specifically approved in the master plan but are allowed under that zoning, such as multi-family. They can market a minimum of 103 units on that property to make it viable. For that type of use, you would be within the vested trips for the church and there would not be any increase in traffic on S.W. 8th Street to the north. Also, the limits of the project are not just in front of the project. In terms of traffic, there is a radius of influence and you need to consider properties to the north that would be impacted. Contrary to the original study, people use that roadway as a cut through to get from Boynton Beach Boulevard to Woolbright Road. Therefore, not only is traffic generated by what is there and what is planned to be there, but additional people are being attracted to that area to get to where they want to go faster. She advised that staff received two letters from residents of Leisureville who were concerned about noise and lighting. Bud Meadows, Boynton resident and property owner, stated that he is a State Certified Building Contractor and Deacon Minister of First Baptist Church. He has been a member of the church for about 12 years. He spoke about the restrictive covenants. He read the following from a document: U Speaking for the Congregation, we believe that certain uses of adjacent property are incompatible with the proper functioning of a church. n The list below that included any place that would sell alcoholic beverages, a lumberyard, a restaurant with a drive through, and an automobile service station. This 14 MINUTES PLANNING AND DEVELO~MENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 22, 1997 was an agreement that the church thought they were locked into 10 or 11 years ago when they made the last transition of properties with the former owner. Half the items set out in the restrictions are now present on the adjoining properties. This is why they are before the board this evening. The rules have changed and things are different since the church purchased the property. He requested help from the board in rezoning this property because they did not believe a church belongs there any longer. Dave Edwards, Pastor of First Baptist Church, said he and Unruh-Smith & Associates met with the Board of Directors of Palm Beach leisureville, showed them the plans, and asked them what they thought would be beneficial to leisureville. The Director and four other members of the Board of Directors thought the proposed project was a great idea. In addition, the church is committed to staying in the downtown area. They plan to build a 600 seat auditorium as a worship assembly and to beautify its property to enhance the community. He urged the board to approve this project. Greg Kino, Attorney with Boose, Casey, and Ciklin, represented Howard Scharlin, Trustee, for the Woolbright Place Joint Venture. He stated that the applicant is not in breach of the restrictive covenants. He explained that certain uses were set out when the church initially purchased the property. Those limitations were for a period of five years and expired in 1995. They had five years to build the church and if they did not, they felt that it was appropriate that their hands not be tied with the use of their property. With regard to the traffic situation, his client still has 157,000 square feet of retail approved and vested for the PCD and will be coming forward with an application shortly. He did not have any objection to this project as long as the traffic does not impact his client's ability to proceed with the build out of his project. He did not have any objection to the medical office, ClF, or nursing home. However, he pointed out that his client is vested for retail and would not want this applicant to claim that it is inconsistent with their quasi-residential uses. With respect to the drainage, he requested that any approval be conditioned upon the applicant paying his share of the drainage costs, which was contemplated from day one. Margaret Roberts, 112 S.W. 8th Place, said she was not aware of any meeting until a leaflet was put on her door this afternoon. The Board of Directors of Palm Beach leisureville never called her about her opinion. She lives a few feet from the two-lane road and there is constant bumper to bumper traffic. She complained about the noise from the cars and the cutting through to Home Depot, the gas station, and Woolbright Road. Attorney Gary Brandenburg of Carlton Fields represented the church. He stated that the church is an excellent corporate resident and has supported the City for a long time. They had plans to move their church facility. In the 10 years that ensued, things clearly changed that were adverse to their plans, which are reflective in the covenants. Even though they are not applicable anymore, they showed what the church's intentions were 15 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 22,1997 then. This is an opportunity for the board to help a church that is helping to revitalize the downtown area by allowing them to pull the funds out of this property to enhance the downtown area. The proposed plan is consistent with the Comprehensive Plan and the zoning code. Hazel Wayman, 703 Canal Way, stated that this project affects more than just three homes. She asked if an entrance is going to be made into Leisureville for the traffic and if the electric high wires will be relocated. She also inquired about the landscaping. Mr. Aguila advised that there will not be a road from this property into Leisureville. However, the impact of what happens on their property will be affected at the intersection of Ocean and 8th. Therefore, traffic would be able to enter Leisureville. In response to a comment from a resident of Leisureville, Ms. Smith advised that the water retention area to the north of the property will remain. It is designated by plat as a conservation area. The electric poles will be relocated, but she did not know where they will be relocated. She stated that there is a possibility that they will go underground. David Cure, Landscape Architect and Planner, advised that he designed landscape along all the buffers. There is a 25 foot landscape buffer continuously around the project. That buffer is expanded by green space, which is adjacent to the buffer. In the narrowest portion of the landscape buffer, there is a total of 80 feet of green space (25 feet of landscape buffer and about another 50 plus feet of green area. some of it with easements, etc.). With regard to the buffer, he intends to use a mix of native shrubs that can be maintained anywhere from 4 feet to 10 feet. The buffers will be much thicker than the buffers at Cracker Barrel. The materials will be tolerant and there will be clustered Palm trees and flowering trees. The buffer will attract wildlife and will be beautiful to look at from both sides. There is also going to be a fence. He was considering using vinyl-clad chain link and incorporating it into the landscape planting so that it disappears within two to three years. Chairman Wische advised that this board's decision is not final. It is a recommendation to the City Commission, who will make the final decision. The attached letter from Ray Phelan, 707 Canal Way, was read into the record. At this time, Chairman Wische introduced the Director of Development. Claire Friedlander, daughter of Minnette Deutsch who resides at 604 Canal Way, felt this proposal. with modifications, could be an asset for this particular parcel. She suggested that the applicant provide a specific site plan indicating the location of any dumpsters and the delivery areas. She also suggested that approval be conditioned on 16 MINUTES PLANNING AND DEVELC....MENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 22,1997 aromas and sounds emanating from the property not going beyond the boundaries of the property. The attached letter from Allan Silver was read into the record. Ms. Friedlander concurred with Mr. Silver's comments about the buffer. Also, she advised that the members of the community were not officially notified that a meeting was being held with the applicant. Nor was there any notification in the leisureville newspaper that is circulated to every resident. Today she was told by office staff at leisureville that on the advice of counsel, the Board of Directors was told that they could not take a position. Julia Galcznski, 602 S.W. 8th Place, concurred with Ms. Friedlander that the residents had no contact with the office of Leisureville. George Bailey lives in leisureville and advised that a Board of Directors is elected every year to represent the residents of leisureville. The residents have faith and confidence that they will examine and analyze issues of interest to them. He was confident that they have talked to the people who they needed to in order to form an opinion. Mr. Myott asked if there is a contract pending on the sale of this land relative to this development proposal. Ms. Smith stated that there is no contract for sale pending on this property. However, they have been in contact with a developer for the potential purchase of this site. Mr. Myott asked if they have done any studies to determine if this is the highest and best use for this property. Ms. Smith advised that a market study has been performed for a elF nursing home to be developed on this property and the market is quite strong. This is an appropriate use for the market as well as the surrounding community. Mr. Myott asked how the sale of this property might affect the present church property and benefit the downtown. Pastor Edwards advised that for some time, the church has been working on a master plan for the downtown facility and the property that it owns. They are in the process of purchasing the homes in their area in order to own the whole block. They plan to build a new sanctuary in the area and to revitalize that area. They will be investing the proceeds in the downtown area. Mr. Friedland felt this was a clean industry, least offensive, would not hurt the surrounding residents, and could be a profitable experience for the entire community. Ms. Frazier felt this was a good location for a nursing home and medical office. 17 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 22, 1997 Mr. Dube stated that about four years ago this board approved an ACLF and has since granted two extensions, but it has never been built. The board recently approved o!1e on Congress Avenue and Golf Road. The one on High Ridge has recently been expanded. He was concerned about ending up with too many ACLFs. Chairman Wische pointed out that the people who are migrating to Florida are mainly elderly. He did not think there could ever be too many ACLFs. He pointed out that the ones that are managed correctly have waiting lists. As you get older you need assurance of a place to go. Mr. Aguila did not support this project. He stated that he lives at the second set of stop signs and nobody stops at them. Ever since this road was opened, the amount of traffic generated from the two lane road going to Boynton Beach Boulevard has been incredible. He wondered why the church had not voiced its objections at the time the gas station and Cracker Barrel came in. He felt that this particular proposal is not the only thing that can solve the church's dilemma. This site could be sold to a residential developer and can go to medium and high density. The owners can get their money out of it and do the improvements that they want to do downtown without having a negative impact on the traffic on S.W. 8th. He wondered how Cracker Barrel, RaceTrac, and Home Depot feel about pulling this out of the PCD. Mr. Reed did not support this project. He stated that just because the church wishes to withdraw from that property doesn't mean it has to automatically be rezoned. There are compatible uses that can be made with the property that will also protect the citizens of Leisureville and the surrounding areas and will not impose the traffic penalties and other penalties that adding a commercial facility in this area would do. Mr. Friedland stated that the City is growing and you cannot stop growth. He felt there was plenty of "pie" for this industry and for bringing taxes and additional jobs into the community. He could not think of anything cleaner to put in this area other than private dwellings. However, private dwellings do not provide jobs. Motion on Item 7.B.1 Motion Mr. Aguila moved to deny the request to amend the Woolbright Place (PUD) master plan by removing from the PUD a 14.18 aae parcel originally approved for a church. Mr. Dube seconded the motion. A roll call vote was polled by the Recording Secretary. The motion failed 3-4. Messrs. Aguila, Dube, and Reed voted aye. 18 MINUTES PLANNING AND DEVELO....MENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 22, 1997 Motion Mr. Myatt moved to approve the master plan modification for the Vvoolbright Place PUD, Item 7.B.1, subject to staff comments. Mr. Friedland seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried 4-3. Messrs. Aguila, Dube, and Reed cast the dissenting votes. Motion on Item 7.A.5 Motion Mr. Aguila moved to deny the request to amend the Future Land Use Map of the Comprehensive Plan from Moderate Density Residential to Local Retail Commercial and to rezone the property from Planned Unit Development (PUD) to Planned Commercial Development (PCD) to allow for a nursing home, medical office building and an adult living facility on 14.18 acres. Mr. Dube seconded the motion. A roll call vote was polled by the Recording Secretary. The motion failed 3-4. Messrs. Aguila, Dube, and Reed voted aye. Motion Mr. Myatt moved to approve the Land Use Amendment and Rezoning of the First Baptist Church of Boynton Beach, Item 7.A.5, subject to staff comments. Mr. Friedland seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried 4-3. Messrs. Aguila, Dube, and Reed cast the dissenting votes. Motion on Item 7.A.4 Chairman Wische asked if the applicants agree to the one staff comment. Ms. Smith answered affirmatively. She stated that her prior comments apply to this as well, except that most of the traffic will go directly to Woolbright Road. Motion Mr. Myatt moved to amend the Future Land Use Map of the Comprehensive Plan from Moderate Density Residential to High Density Residential, Item 7.A.4, the Woolbright Place PUD, subject to staff comments. Ms. Frazier seconded the motion, which carried 5-2. Messrs. Aguila and Dube cast the dissenting votes. Chairman Wische declared a recess at 9:31 p.m. The meeting resumed at 9:39 p.m. 19 EXffiBIT "Bit Conditions of Aporoval Project name: Woolbright Place PUD File number: MPMD 97-006 Reference: The olans consist of I sheet identified as 2nd Submittal. Master Plan Modification. File #MPMD 97-006 with a November 25' 1997 PlanninlZ and ZoninlZ Deoartment date stamo markinlZ . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION . . Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Tract "F" shall maintain obligations to the Woolbrigh;; Place Master X Association as originally agreed when the PUD was established. . 2. Revise the land use intensity calculations to reflect the removal of Tract X "F". 3. Include in the revised settlement agreement that is currently being X drafted by staff, language acknowledging that the church parcel is no longer under the terms of the agreement. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 4. None X Page 2 Woolbright Place PUD File No.: MPMD 97-006 DEPARTMENTS . INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS S. To be determined. Ibme J.\SHRDATA\Pt.ANNING\SHAReO\WPlPROJecTS\~BRTPLC\MPMo-971COND. OF APPROVAL DOC . . DEVELOPMENT ORDER Y OF BOYNTON BEACH, FLORlr..- PROJECT NAME: Woolbright Place PUD APPLICANT: First Baptist Church of Boynton Beach APPLICANTS AGENT: ellen Smith APPLICANTS ADDRESS: 105 S. Narcissus Avenue, Suite 503, West Palm Beac" , FL 33401 DATE OF HEARING BEFORE CITY COMMISSION: January 20,1998 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: X mile east of S.W. 8th Street and Woolbright Road on the east side of S.W. 8th Street DRAWING(S): SEE EXHIBIT "B- ATTACHED HERETO. THIS MA TIER 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 LHAS 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 L 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 terms and conditions of this order. 7. Other DATED: City Clerk J:\SHRDATA\Planning\SHARED\\NP\Projec:ta\WIbrtpI\MPMD\DEVELOPMENT ORDER.doc