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AGENDA DOCUMENTS AGENDA DOCUMENTS VII. PUBLIC HEARIN( A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Manager's Office Meetinl!: Dates in to City Manal!:er's Office 0 December 16, 1997 December 5, 1997 (noon) 0 February 17, 1998 February 6, 1998 (noon) 0 January 6, 1998 December 19,1997 (noon) 0 March 3, 1998 February 20, 1998 (noon) L8J January 20,1998 January 9, 1998 (noon) 0 March 17, 1998 March 6, 1998 (noon) 0 February 3, 1998 January 23, 1998 (noon) 0 April 7,1998 March 20, 1998 (noon) RECOMMENDATION: At the January 6, 1998 City Commission meeting, the requests below were tabled until the January 20th meeting in order to allow staff the time to investigate possible measures to mitigate the traffic impact of the church land use amendment and rezoning. As of the date of this memorandum, staff has not completed their investigation. Staffwill provide a verbal report at the meeting. These three (3) applications are all requested by Unruh Smith & Associates in connection with the desire of the First Baptist Church of Boynton Beach to sell their property within the Woolbright Place PUD for the eventual development of a health care campus. As the proposal for the health care campus represents the primary application, on which the existence of the other applications are based, staff recommends that the order of review be as follows: Item #1 is the amendment and rezoning of the existing church parcel to allow for the planned health care campus; Item #2 is the amendment of the existing Woolbright Place PUD to extract the church parcel from the master plan to allow for the establishment of a separate master plan; and Item #3 is the reclassification of the remainder of the Woolbright Place PUD to a higher land use classification to offset the affect from the loss of acreage (14.18 acres) on density. The significance of ordering the items as described herein is to eliminate the review of Items #2 and #3 if Item # 1 is denied. If Item # 1 is approved by the Commission, then Items #2 and #3 should be reviewed. IfItem #1 is denied by the Commission, the remaining items should not be considered (or automatically denied). With respect to Planning and Development Board review, Items #1 and #2 were approved by a 4-3 vote, and Item #3 was approved by a 5-2 vote. As Items #1 and #3 represent a large-scale amendment to the Comprehensive Plan, this stage of the review process is the review by the Commission for transmittal to the Florida Department of Community Affairs (DCA). Ordinances will be processed following approval by the DCA. EXPLANATION: PROJECTS: Item # I-First Baptist Church of Boynton Beach (LUAR 97-002) Item #2-Woolbright Place PUD Master Plan Modification (MPMD 97-006) Item #3-Woolbright Place PUD Land Use Amendment (LUAR 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 S.W. 8th Street, one-quarter mile north of the intersection of S.W. 8th Street and Woolbright Road. DESCRIPTION: 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. AGENT: OWNER: LOCATION: PROGRAM IMPACT: NM FISCAL IMP ACT: Nt A \\CHIMAIN\SHRDAT AIPLANNING\SHAREDIWP\PROJECTS\FIRST BAPTIST CHURCH OF BBILUAR-REZN\AGENDA ITEM REQUEST 1-2D-98.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: In progress. c,i~Hff'...7'~~ Department Head's Signature -. City Manager's Signature Development v-Repartment Name ~ ~~~ ~. cj.. Planning and Zorting Director \\CH\MAJN\SHRDAT AIPLANNING\SHAREDIWP\PROJECTS\FIRST BAPTIST CHURCH OF BBILUAR-REZN\AGENDA ITEM REQUEST 1-2D-98.DOC '\ DEVELOPMENT SERVICES DEPARTMENT ., PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-599 FROM: Chairman and Members Planning and Development Board Tambri J. Heyden, AICP ~ Planning and Zoning Diredor Michael W. Rump(tvY Senior Planner TO: THROUGH: DATE: SUBJECT: December 18, 1997 Woolbright Place Planned Unit Development - (MPMO 97-006) Request to remove Trad .p (Church Parcel) from the master plan in connection with the request to reclassify and rezone Trad .p to replace the planned church with a health care campus. INTRODucnON Unruh-Smith & Associates, Inc., agent for the First Baptist Church of Boynton Beach, Boynton Beach I Ltd. Partnership, and TRCDAO Vinings at Boynton Beach Ltd. Partnership, property owners, proposes to modify the existing Woolbright Place Planned Unit Development (PUO) Master Plan by extracting Trad.P from the existing master plan. Tract.P consists of 14.18 acres that are approved for a church use, leaving 66.94 acres remaining in the PUO if this request is approved. This proposal is to allow for the change in use from a church to a health care campus consisting of a 12o-bed nursing home, a eO-bed ClF (congregate living facility), and a 67,500- square foot medical office building~ This application is submitted in conjunction with an application to reclassify and rezone Trad .p (First Baptist Church of Boynton Beach-LUAR 97-002), and the application to reclassify the remainder of the master plan from Moderate Density Residential land use to High Density Residential land use (Woolbright Place PUD-LUAR 97-006). For information in addition to that which is included herein, please see the staff analysis that corresponds with the two other related applications. The subject property is located on the east and west sides of S.W. 8th Street, approximately one-quarter (1/4) mile north of Woolbright Road (see Exhibit "A". location Map and Exhibit .B-.Proposed Master Plan), With resped to the minimum consent required to initiate an amendment to a master plan, a change in the interpretation of the following requirement within the Land Development Regulations, Chapter 2, Section 9. Administration and Enforcement is being applied to this request: 3, Initiation of amendments. ( Page 2 Woolbright Place Planned Uni\ _ avelopment File No. MPMD 97-006 Planning and Zoning Memorandum No. iJ7 -599 "Amendments to the zoning regulations and the future land use plan shall be initiated only by the City Commission, the planning and development board, or by the petition of the owners of not less than fifty-one (51 %) of the area involved in the amendment.. This consent requirement is achieved with the consent by the First Baptist Church of Boynton Beach and Trammel Crow Residential (owner of The Vinings apartments), which together represent 59% of the land area within the master plan. BACKGROUND These requests have been initiated in connection with the relinquished desire of the First Baptist Church of Boynton Beach to relocate their church facility to this site, The application indicates that , the church lost interest in this site when restrictive covenants, established when the property was acquired, were not adhered to, According to the justification statement included within the application, The Declaration of Restrictive Covenants, which was intended to ensure a desired atmosphere and environment around the church property, was breached when uses were approved within the Shoppes of Woolbright PCD that involved alcoholic beverages, tobacco, drive- in restaurants and automobile service stations, The First Baptist Church of Boynton Beach now desires to sell the property, and "market and sell it in the most advantageous way". The original PUD was established in 1986, and with the exception of the Tract .p I is nearty built-out. Current uses within the PUD include The Vinings apartments (a total of 548 units), and Crystal Key~ which ~ consists of 83 single-family homes currently under construction. Since the only change proposed to the master plan is the removal of Tract .p, the major effect or consequence of removing the 14. 18-aa8 church parcel from the master plan is the increase in density on the PUD. This increase in density is an ina8ase beyond that density which has been generated by uses approved, in part, in connection with a court-ordered stipulated and settlement agreement. This issue of density, and the petition to resolve this problem are described within the staff analysis for the First Baptist Church of Boynton Beach Land Use Element Amendment (LUAR 97-002). Chapter 2,5, Planned Unit Developments, of the city's land development regulations states that changes in planned unit developments shall be processed as follows: Section 12. Plan modification. "Master plans approved during the process of rezoning to PUD may be considered for modification upon application to the director of planning and zoning, submission of acceptable documentation, and payment of the master plan modification fet!. The modification will be first reviewed by the planning and zoning department to determine whether the modification is consistent with not only all current regulations but also the intent and purpose of the comprehensive plan: and to detennine whether the change is substantial.. This section also indicates the following with respect to processing of this request: .Upon completion of tf1e planning and development board review, findings will be forwarded to the City Commission. The City Commission will first determine whether the modification is major or minor. If the Commission finds the modification to be major, the request ~ , . Page 3 Woolbright Place Planned Um\ .Jevelopment File No. MPMD 97-006 Planning and Zoning Memorandum No. 97-599 will be returned to the applicant for processing as a new zoning application. The determination of what constitutes a substantial changA shall be at the sole discretion of the Commission. If the Commission determines that the modification is minor, it will review all submitted documents as well as staff comments and planning and development board recommendations. The City Commission may then approve the minor modification unconditionally I approve the minor modification with conditions, or deny the minor modification. ANALYSIS Staff has reviewed this request for consistency with the PUO development standards, and the intent and purpose of planned developments as stated in the following sections of Chapter 2.5 of the city's Land Development Regulations: Section 1. I ntent and purpose. "A Planned Unit Development District (PUD) is established. It is intended that this distrid be utilized to promote efficient and economical land u.... improved amenities, appropriate and harmonious variety in physical development, creative design, improved living environment, orderly and economical development in the city, and the protection of adjacent and existing and Mure city development. The district is suitable for development. redevelopment and conservation of land, water and other resources of the city. Regulations for planned unit developments are intended to accomplish the purposes of zoning, subdivision regulations and other applicable city regulations to the same degree that they are intended to control development on a lot-by-lot basis. In review of the substantial public advantages of planned unit developments, it is the intent of PUO regulations to promote and encourage development in this form where tracts suitable In size, location and character for the us. and structures proposed are to be planned and developed as unified and coordinated units." The original master plan was designed and approved consistent with the minimum requirements and criteria for a PUO, and in particular, consistent with that text shown above in bold print and related to efficient, unified and coordinated design. The Woolbright Place PUO was designed with common drainage facilities that were sized to support the drainage needs of all properties within the PUO, and are to be funded through contributions to the Woolbright Place Master Association. The removal of a portion of the original master plan may be in conflict with the intent of the PUD regulations if subsequent drainage requirements of the removed property are addressed independent of the original master drainage facilities. In addition to being a contradiction with the "efficiency" intent, the removal of Tract .p from obligations to th!l master association would increase the financial obligations required of the remaining propertieeluses to maintain common drainage facilities (and other common properties). In order to maintain the efficiency in land use, and the coordination and unification of tracts on which the PUO w. originally approved, the development and obligations of Tract .p should continue to be under the requirements of the Master Association. It should be noted that this requirement is the basis on which this application can be submitted, as the consent by Trammel Crow Residential, Inc. was conditioned on the parcel (Tract liP) remaining in the existing master stormwater drainage, treatment and conveyance system, including the payment of fees to the Woolbright Place Master Association for maintenance of the system, as well as S.W. 8th Street right-of-way maintenance for which the .3 Page 4 Woolbright Place Planned Un.. ......evelopment File No. MPMD 97-006 Phrmning and Zoning Memorandum No. 97-599 Association is responsible. Without agreement by Trammel Crow Residential, Inc., this application would not have had the ')roper consent from affected property owners to be initiate<4. RECOMMENDATION On November 18, 1997 the Technical Review Committee (TRC) met to review the requested master plan modification. No significant comments were generated by any member of the TRC, therefore, the committee recommends that this request continue forward with the review process. However, the Planning and Zoning Division recommends that this request be denied, based on the recommendation to deny the related request, the First Baptist Church of Boynton Beach Land Use Element Amendment (LUAR 97-002). The church proposal represents the basis on which this , request to amend the Woolbright place PUD master has been submitted. Without the approval of the church application, this request has no justification. However, if this request is approved, staff recommends that it be approved subjed to compliance with the conditions within Exhibit .C.. Attachments xc: Central File S:~WPIPROJECTSV'lrwt... Ctvch oIl11'M'MD'MPMD 17.Q11__ if Exhibit "A" LOCATION MAP 6' LUl ;ArION Mj\P-~ WOOLBRIGHT PLACEPUD ' =. \ I I I I/~J~/ '.'Q",- ~~~.s, ~ IIrr... c~ ~ :' I:c ,.....:" I,., _ ~ l- Jr- : . 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I .~b r~~!' ;1'1~"~ ~""~"y~ -, - I -' w~ 111\ ~ .,... ~ l~t:- . I ~ i llt --r ~~ ~. ~ :: - - 1-- --.......... Ad , ~~7t;;- ./ .J. ..I . 1 --~ -'._ --~~' _ - . , III' ~ ,R3 r ~,r--cf~' C3 l'" , I -= Fif; ~.~.. . 1 ',... -f'TT' 1~fI""1~ JL... i I. ., __ . I~ 1 1~f=fll.. ."11. : ~w ':,h' ,'E,.I/)I) '0 1/8 MILESV) ., . ......... 'aI- ~! t".l tLI:: W I I ,3;~r~ ~ .~:~A' "j. ; 'I -Till 1 I' I :,J:.~-l,}R~l.~E. c, "'.,~~'~{,0: 'U ~ 1111 C '0 400.800 FEET -~,~ I H .--.:.:.....~. /.-:0%1" ~.-n, / r-r->, 1 Pt.ANIIl/f'U: OEP1"'. /l 7 , . - - , .~';.. \.. . 'J.: '.-:-( . ~ .~ ' . EXHIBIT "B" PROPOSED MASTER PLAN 1 i m . . .,~. ~lh III :1 t.; .. ~ : " ~ ~ . ::!;H in l, j m II ; I jE ~ ~ i : ~h ra ! , ,Ii l~. :! f' ;,1 "I . ._, , . , ~t i; \i ;'i .^ ~ ':1 :\ ~~ i5I t lh ;.... 41 '! <.' ~ , 1 ~ , li . '. ~ I i 1 I j i 1 i , I i ~ .I ) \ 1 ~ .r. - =, .-:... .... ~ 11..\1 ;~\Ti n i~ = ': If~. ! ! 'j iff' -nli .\ I , .\.-: '~.; WOOLORIGHT PLACE 1'.",0. J/.lSTER PLAN "",....,.,., -..nt. 11..... /~ ,; l..c II"'" .,,' ., " " , '.. i " ':I I !ft Ii' !~ r., ." . , , ~ ,:ft. ,1 I " ~ ~ ./ .... t ',... - .;" ", I; ; ., /I ~ ~1I1l'l SIll a A.mIl1IS 1..."----.. ::::~~-::,.. + 1 51W1U'OU 8~D co....,,", ..... - ..-- ------..-- - - .-.-- .- .-.-..- +- .~ i' - .1 ~i ", n ! ii ': 0" j 'l"l~ :0 . s; ~:: 1, r:;t : ,~ I' E\,I Hi! ;:..". ;Wi (It ~ ~ o . . ;;j ~ ~ .. I!I ~ ~ J! .. ~ ~ ~ ~ i ~ " " o :! t \ \ \ \:! I L I -t -- . i-' i : . I ~ I I : I - VII. PUBLIC HEARING B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned Meetine Dates in to City Manaeer's Office Meetinl!: Dates in to City Manal!:er's Office 0 December 16,1997 December 5, 1997 (noon) 0 February 17, 1998 February 6, 1998 (noon) 181 January 6, 1998 December 19, 1997 (noon) 0 March 3, 1998 February 20, 1998 (noon) 0 January 20, 1998 January 9, 1998 (noon) 0 March 17, 1998 March 6, 1998 (noon) 0 February 3, 1998 January 23, 1998 (noon) 0 April 7, 1998 March 20, 1998 (noon) RECOMMENDATION: Please place the requests below on th~ January 6, 1998 City Commission meeting agenda under Public Hearing. These three (3) applications are all requested by Unruh Smith & Associates in connection with the desire of the First Baptist Church of Boynton Beach to sell their property within the Woolbright Place PUD for the eventual development of a health care campus. As the proposal for the health care campus represents the primary application, on which the existence of the other applications are based, staff recommends that the order of review be as follows: Item #1 is the amendment and rezoning of the existing church parcel to allow for the planned health care campus; Item #2 is the amendment of the existing Woolbright Place PUD to extract the church parcel from the master plan to allow for the establishment of a separate master plan; and Item #3 is the reclassification of the remainder of the Woolbright Place PUD to a higher land use classification to offset the affect from the loss of acreage (14.18 acres) on density. The significance of ordering the items as described herein is to eliminate the review ofItems #2 and #3 ifItern #1 is denied. IfItem #1 is approved by the Commission, then Items #2 and #3 should be reviewed. IfItem #1 is denied by the Commission, the remaining items should not be considered (or automatically denied). With respect to Planning and Development Board review, Items #1 and #2 were approved by a 4-3 vote, and Item #3 was approved by a 5-2 vote. As Items #1 and #3 represent a large-scale amendment to the Comprehensive Plan, this stage of the review process is the review by the Commission for transmittal to the Florida Department of Community Affairs (DCA). Ordinances will be processed following approval by the DCA. EXPLANATION: PROJECTS: Item #1-First Baptist Church of Boynton Beach (LUAR 97-002) Item #2-Woolbright Place PUD Master Plan Modification (MPMD 97-006) Item #3-Woolbright Place PUD Land Use Amendment (LUAR 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 S. W. 8th Street, one-quarter mile north of the intersection of S.W. 8th Street and Woolbright Road. DESCRIPTION: 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. AGENT: OWNER: LOCATION: PROGRAMIMPACf: NtA FISCAL IMPACf: NtA SIPLANNING\SHAREDlWP\PROJECTS\FIRST BAPTIST CHURCH OF BBILUAR-REZN\AGENDA ITEM REQUEST I ~98.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: Staffs negative rEcommendations are based on the traffic impacts from the proposed project o~ S. W. 8th Street. It is the opinion of staff that the impacts could be lessened by reducing the size of the medical office building, which use generates the majority of all traffic associated with the proposed master plan. Based on the possible lack of demand for three floors of office space, staff recommends that the building be reduced to two stories, which would reduce total projected project traffic by a total of768 trips. ~k,(l'I~ Department Head's Signature - ~9i ~ u.)..i.t~) ty Manager's Signature Development Department Name ~C-J~A Panning and Zonin ctor SIPLANNlNG\SHAREDlWP\PROJECTSIFIRST BAPTIST CHURCH OF BBlLUAR-REZN\AGENDA ITEM REQUEST 1-6-9I.DOC DEVELOPMENT SERVICES DEPARTMENT -. PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-599 FROM: Chairman and Members Planning and Development Board Tambri J. Heyden, AICP ~ Planning and Zoning Diredor Michael W. RumpflvY Senior Planner TO: THROUGH: DATE: SUBJECT: December 18, 1997 Woolbright Place Planned Unit Development - (MPMD 97-006) Request to remove Trad up (Church Parcel) from the master plan in connection with the request to reclassify and rezone Tract up to replace the planned church with a health care campus, INTRODUCTION Unruh-Smith & Associates, Inc., agent for the First Baptist Church of Boynton Beach, Boynton Beach I Ltd. Partnership, and TRCDAD Vinings at Boynton Beach Ltd. Partnership, property owners, proposes to modify the existing Woolbright Place Planned Unit Development (PUD) Master Plan by extracting Tract up from the existing master plan. Tract up consists of 14.18 acres that are approved for a church use, leaving 66.94 acres remaining in the PUD if this request is approved. This proposal is to allow for the change in use from a church to a health care campus consisting of a 120-bed nursing home, a 6D-bed CLF (congregate living facility), and a 67,500- square foot medical office building; This application is submitted in conjunction with an application to reclassify and rezone Tract up (First Baptist Church of Boynton Beach-LUAR 97-002), and the application to reclassify the remainder of the master plan from Moderate Density Residential land use to High Density Residential land use (Woolbright Place PUD-LUAR 97-006). For information in addition to that which is included herein, please see the staff analysis that corresponds with the two other related applications, The subjed property is located on the east and west sides of S.W. 8th Street, approximately one-quarter (1/4) mile north of Woolbright Road (see Exhibit "A"- Location Map and Exhibit uB--Proposed Master Plan). With respect to the minimum consent required to initiate an amendment to a master plan, a change in the interpretation of the following requirement within the Land Development Regulations, Chapter 2, Section 9. Administration and Enforcement is being applied to this request: 3. Initiation of amendments, ( Page 2 Woolbright Place Planned Unit Development File No. MPMD 97-006 Planning and Zoning Memorandum No. iJ7 -599 "Amendments to the zoning regulations and the future land use plan shall be initiated only by the City Commission, the planning and development board, or by the petition of the owners of not less than fifty-one (51 %) of the area involved in the amendment." This consent requirement is achieved with the consent by the First Baptist Church of Boynton Beach and Trammel Crow Residential (owner of The Vinings apartments), which together represent 59% of the land area within the master plan. BACKGROUND These requests have been initiated in connection with the relinquished desire of the First Baptist Church of Boynton Beach to relocate their church facility to this site. The application indicates that , the church lost interest in this site when restrictive covenants, established when the property was acquired, were not adhered to. According to the justification statement included within the application, The Declaration of Restrictive Covenants, which was intended to ensure a desired atmosphere and environment around the church property, was breached when uses were approved within the Shoppes of Woolbright PCD that involved alcoholic beverages, tobacco, drive- in restaurants and automobile service stations. The First Baptist Church of Boynton Beach now desires to sell the property, and "market and sell it in the most advantageous waY'. The original PUD was established in 1986, and with the exception of the Tract "P, is nearly built-out. Current uses within the PUD include The Vinings apartments (a total of 548 units), and Crystal Key, which: consists of 83 single-family homes currently under construction. Since the only change proposed to the master plan is the removal of Tract "P, the major effect or consequence of removing the 14. 18-acre church parcel from the master plan is the increase in density on the PUD. This increase in density is an increase beyond that density which has been generated by uses approved, in part, in connection with a court-ordered stipUlated and settlement agreement. This issue of density, and the petition to resolve this problem are described within the staff analysis for the First Baptist Church of Boynton Beach Land Use Element Amendment (LUAR 97-002). Chapter 2.5, Planned Unit Developments, of the city's land development regulations states that changes in planned unit developments shall be processed as follows: Section 12, Plan modification. "Master plans approved during the process of rezoning to PUD may be considered for modification upon application to the director of planning and zoning, submission of acceptable documentation, and payment of the master plan modification f~, The modification will be first reviewed by the planning and zoning department to determine whether the modification is consistent with not only all current regulations but also the intent and purpose of the comprehensive plan; and to determine whether the change is substantial." This section also indicates the following with respect to processing of this request: "Upon completion of the planning and development board review, findings will be forwarded to the City Commission. The City Commission will first determine whether the modification is major or minor. If the Commission finds the modification to be major, the request ~ Page 3 Woolbright Place Planned Unit Development File No. MPMD 97-006 Planning and Zoning Memorandum No. 97-599 will be returned to the applicant for processing as a new zoning application. The determination of what constitutes a substantial changp. shall be at the sole discretion of the Commission. If the Commission determines that the modification is minor, it will review all submitted documents as well as staff comments and planning and development board recommendations. The City Commission may then approve the minor modification unconditionally, approve the minor modification with conditions, or deny the minor modification. ANALYSIS Staff has reviewed this request for consistency with the PUD development standards, and the intent and purpose of planned developments as stated in the following sections of Chapter 2.5 of the city's Land Development Regulations: Section 1. Intent and purpose, "A Planned Unit Development District (PUD) is established, It is intended that this district be utilized to promote efficient and economical land use, improved amenities, appropriate and harmonious variety in physical development, creative design, improved living environment, orderly and economical development in the city, and the protection of adjacent and existing and future city development. The district is suitable for development, redevelopment and conservation of land, water and other resources of the city. Regulations for planned unit developments are intended to accomplish the purposes of zoning, subdivision regulations and other applicable city regulations to the same degree that they are intended to control development on a lot-by-Iot basis. In review of the substantial public advantages of planned unit developments, it is the intent of PUD regulations to promote and encourage development in this form where tracts suitable in size, location and character for the uses and structures proposed are to be planned and developed as unified and coordinated units." . . The original master plan was designed and approved consistent with the minimum requirements and criteria for a PUD, and in particular, consistent with that text shown above in bold print and related to efficient, unified and coordinated design. The Woolbright Place PUD was designed with common drainage facilities that were sized to support the drainage needs of all properties within the PUD, and are to be funded through contributions to the Woolbright Place Master Association. The removal of a portion of the original master plan may be in conflict with the intent of the PUD regulations if subsequent drainage requirements of the removed property are addressed independent of the original master drainage facilities. In addition to being a contradidion with the "efficiency" intent, the removal of Trad "F" from obligations to the master association would increase the financial obligations required of the remaining properties/uses to maintain common drainage facilities (and other common properties). In order to maintain the efficiency in land use, and the coordination and unification of tracts on which the PUD was originally approved, the development and obligations of Tract "F" should continue to be under the requirements of the Master Association. It should be noted that this requirement is the basis on which this application can be submitted, as the consent by Trammel Crow Residential, Inc. was conditioned on the parcel (Tract "F") remaining in the existing master stormwater drainage, treatment and conveyance system, including the payment of fees to the Woolbright Place Master Association for maintenance of the system, as well as S.W. 8th Street right-of-way maintenance for which the ~ -........J Page 4 Woolbright Place Planned Unit Development File No. MPMD 97-006 Planning and Zoning Memorandum No. 97-599 Association is responsible. Without agreement by Trammel Crow Residential, Inc., this application would not have had the ,:>roper consent from affected property owners to be initiate(~. RECOMMENDATION On November 18, 1997 the Technical Review Committee (TRC) met to review the requested master plan modification. No significant comments were generated by any member of the TRC, therefore, the committee recommends that this request continue forward with the review process. However, the Planning and Zoning Division recommends that this request be denied, based on the recommendation to deny the related request, the First Baptist Church of Boynton Beach Land Use Element Amendment (LUAR 97-002). The church proposal represents the basis on which this , request to amend the Woolbright place PUD master has been submitted. Without the approval of the church application, this request has no justification. However, if this request is approved. staff recommends that it be approved subject to compliance with the conditions within Exhibit .e.. Attachments xc: Central File S:\PWIrwlg\SHAREDlWP\PROJECTSlFna Ila!*t C/U'c:II ol88\MPMDIMPMO 'I7.ooe ~,doc 4 Exhibit "A" LOCATION MAP / !J LOCATION MA? WOOLBRIGHT PLACEPUD-~ :~ =. I I I 1 1-JH:' .'~-:J'I-" II - ~ ~ ~"i ~ : IWI \ I I '~ :/'\ ill. 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',~ T------- I :'" " ,!.:~:t1 ~-;~L_ !.;j', ,L -'::-r ,i .!i ~ 'l:i ~ , v ~r .. ..,J I.: b,' ,: ~ ill. : ,,' _ _ _" It"! .', . h ,I _ :I' ~ i! . ~ .=~ '.. ._"':;" 'I ~ ~. :-' i' .. /:_..... ,,-,. : .,_ ___~" "I III l" .././'='....~,\ ' """ " ' ." ., -P' " ~/' , , ' "()~.:. :.; ~_.:..., '11,/ . '--=:'--:--~; i.~ \~D~! III ~~===r' ! ~': i: '~. n ill! .~~l1t~ ~dg 9 z~. ~\ ~~~:,H ,? ":~~L ,,!, l~ o -\' \ ; ,'-'"' ' ~ ~~ ~..\' to;,- '''', ' .""'........,-:~=...~:-:.....~h.""__:7:;..:- . ::.:,. _.:i \."~:"~ .'\' , _. . ~ .. . - -.;.;.0-... . .- . . "..:;--~~=-". ~ ""\ ,,', _ M "~"",",,u ~'~. ;'i ,i\\~\\'~" -\("\ H ~ . . _ ~"h \. \ Ii ~ "... ;i I "\&\'.l\~.~~,;-.J 'h~ \1 ~ _,J' ~ .+- i \ ~~\ \ tgro///////J I 1 ~: Ii '5.\ t~Y~;:- i ~ f~ . i ~\\ \ 0 ~t. : E:.. ~\~E:':;:~;~:; , .~_ ""\~ \ r~ 'i:', \i ~~ :t 0: '1" -~i. \l ~ ~ . . & i 'I)> ~ ;iH1i ~ ~i! ~ ~~q. ~HH ~~ ~,... -:)-2... .Co- ~. ~:!, !.~ ~ ., t \ +-- nn ~'i!~ l!' . ~.o il m~ ;1;; ill III " ,.. ~ o ~ "' ~ ~ . I!I ~ ;!! ~ ~ ~ " o > ~ ~ ~ 5 3 '" o " ,,.. . . .. ;. i .. ~~ ., t ( :lJ r .... ;.1 ~ .KRl'1, SWI i IS'iOC1Am llll :.:-:. ~:::'.::"'..:- ~ "'d" I.. 'OI'."" . :l \ \ \ I: ~ ,I \.D l f ).1- i~' ~ 1 I I ' , ' . Q j I I: I:: ~ if; , 1." ,J · I.".... ".. ~,' ':'" ," WOOLBRIGHT PLACE l'. LD, .ltASTER PLAN ,q",.ovmJili "tArn. l1lMtOA SEMll'riOl[ O~Nn COM.'AN," - - ..-- -=-::.-;::.~.:"~.~=_':.- EXHIBIT "B" Conditions of Aooroval 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 PlanniDlz and ZoninlZ Deoartment date staroo 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/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. Tract "F" shall maintain obligations to the Woolbright 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 . ; i Page 2 Woolbright Place PUD File No.: MPMD 97-006 . DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS 5. To be determined. Ibme J:ISHRDATAIPLANNINGlSHARED\WPlPROJECTSIWl.BRTPLCIMPMD-97\COND. OF APPROVAL.DOC . . DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Place PUD APPLICANT: First Baptist Church of Boynton Beach APPLICANT'S AGENT: Ellen Smith APPLICANT'S ADDRESS: 105 S. Narcissus Avenue, Suite 503, West Palm Beach, FL 33401 DATE OF HEARING BEFORE CITY COMMISSION: January 20,1998 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: % mile east of S.W. 8th Street and Woolbright Road on the east side of S.W. 8th Street DRAWING(S): SEE EXHIBIT "Bn ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ..lL HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "Bn with notation "Included". 4. The Applicant's application for relief is hereby ..lL 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\WP\Projects\W1brtpI\MPMD\OEVELOPMENT ORDER,doc 7.B.1 WOOLBRIGHT PLACE PUD MASTER PLAN MODIFICATION DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-599 FROM: Chairman and Members Planning and Development Board Tambri J. Heyden, AICP ~ Planning and Zoning Dir~or h1vp/ Michael W. Rumpf I Senior Planner TO: THROUGH: DATE: December 18,1997 SUBJECT: Woolbright Place Planned Unit Development - (MPMD 97-006) Request to remove Tract "F" (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. INTRODUCTION Unruh-Smith & Associates, Inc" agent for the First Baptist Church of Boynton Beach, Boynton Beach I Ltd. Partnership, and TRCDAD Vinings at Boynton Beach ltd. Partnership, property owners, proposes to modify the existing Woolbright Place Planned Unit Development (PUD) Master Plan by extracting Tract "F" from the existing master plan. Tract "F" consists of 14,18 acres that are approved for a church use, leaving 66.94 acres remaining in the PUD if this request is approved, This proposal is to allow for the change in use from a church to a health care campus consisting of a 120-bed nursing home, a 60-bed ClF (congregate living facility), and a 67,500- square foot medical office building, This application is submitted in conjunction with an application to reclassify and rezone Tract "F" (First Baptist Church of Boynton Beach-lUAR 97-002), and the application to reclassify the remainder of the master plan from Moderate Density Residential land use to High Density Residential land use (Woolbright Place PUD-lUAR 97-006). For information in addition to that which is included herein, please see the staff analysis that corresponds with the two other related applications. The subject property is located on the east and west sides of SoW. 8th Street, approximately one-quarter (1/4) mile north of Woolbright Road (see Exhibit "A"- location Map and Exhibit "B"-Proposed Master Plan). With respect to the minimum consent required to initiate an amendment to a master plan, a change in the interpretation of the following requirement within the land Development Regulations, Chapter 2, Section 9. Administration and Enforcement is being applied to this request: 3, Initiation of amendments. I Page 2 Woolbright Place Planned Unit Development File No. MPMD 97-006 Planning and Zoning Memorandum No. 97-599 "Amendments to the zoning regulations and the future land use plan shall be initiated only by the City Commission, the planning and development board, or by the petition of the owners of not less than fifty-one (51 %) of the area involved in the amendment." This consent requirement is achieved with the consent by the First Baptist Church of Boynton Beach and Trammel Crow Residential (owner of The Vinings apartments), which together represent 59% of the land area within the master plan. BACKGROUND These requests have been initiated in connection with the relinquished desire of the First Baptist Church of Boynton Beach to relocate their church facility to this site. The application indicates that the church lost interest in this site when restrictive covenants, established when the property was acquired, were not adhered to. According to the justification statement included within the application, The Declaration of Restrictive Covenants, which was intended to ensure a desired atmosphere and environment around the church property, was breached when uses were approved within the Shoppes of Woolbright PCD that involved alcoholic beverages, tobacco, drive- in restaurants and automobile service stations. The First Baptist Church of Boynton Beach now desires to sell the property, and "market and sell it in the most advantageous way". The original PUD was established in 1986, and with the exception of the Tract "F", is nearly built-out. Current uses within the PUD include The Vinings apartments (a total of 548 units), and Crystal Key, which consists of 83 single-family homes currently under construction, Since the only change proposed to the master plan is the removal of Tract "F", the major effect or consequence of removing the 14.18-acre church parcel from the master plan is the increase in density on the PUD. This increase in density is an increase beyond that density which has been generated by uses approved, in part, in connection with a court-ordered stipulated and settlement agreement. This issue of density, and the petition to resolve this problem are described within the staff analysis for the First Baptist Church of Boynton Beach Land Use Element Amendment (LUAR 97 -002). Chapter 2,5, Planned Unit Developments, of the city's land development regulations states that changes in planned unit developments shall be processed as follows: Section 12, Plan modification. "Master plans approved during the process of rezoning to PUD may be considered for modification upon application to the director of planning and zoning, submission of acceptable documentation, and payment of the master plan modification fee, The modification will be first reviewed by the planning and zoning department to determine whether the modification is consistent with not only all current regulations but also the intent and purpose of the comprehensive plan; and to determine whether the change is substantiaL" This section also indicates the following with respect to processing of this request: "Upon completion of the planning and development board review, findings will be forwarded to the City Commission, The City Commission will first determine whether the modification is major or minor. If the Commission finds the modification to be major, the request ~ Page 3 Woolbright Place Planned Unit Development File No. MPMD 97-006 Planning and Zoning Memorandum No. 97-599 will be returned to the applicant for processing as a new zoning application, The determination of what constitutes a substantial change shall be at the sole discretion of the Commission. If the Commission determines that the modification is minor, it will review all submitted documents as well as staff comments and planning and development board recommendations. The City Commission may then approve the minor modification unconditionally, approve the minor modification with conditions, or deny the minor modification, ANAL YSIS Staff has reviewed this request for consistency with the PUD development standards, and the intent and purpose of planned developments as stated in the following sections of Chapter 2.5 of the city's land Development Regulations: Section 1, Intent and purpose. "A Planned Unit Development District (PUD) is established. It is intended that this district be utilized to promote efficient and economical land use, improved amenities, appropriate and harmonious variety in physical development, creative design, improved living environment, orderly and economical development in the city, and the protection of adjacent and existing and future city development. The district is suitable for development, redevelopment and conservation of land, water and other resources of the city. Regulations for planned unit developments are intended to accomplish the purposes of zoning, subdivision regulations and other applicable city regulations to the same degree that they are intended to control development on a lot-by-Iot basis. In review of the substantial public advantages of planned unit developments, it is the intent of PUD regulations to promote and encourage development in this form where tracts suitable in size, location and character for the uses and structures proposed are to be planned and developed as unified and coordinated units." The original master plan was designed and approved consistent with the minimum requirements and criteria for a PUD, and in particular, consistent with that text shown above in bold print and related to efficient, unified and coordinated design. The Woolbright Place PUD was designed with common drainage facilities that were sized to support the drainage needs of all properties within the PUD, and are to be funded through contributions to the Woolbright Place Master Association. The removal of a portion of the original master plan may be in conflict with the intent of the PUD regulations if subsequent drainage requirements of the removed property are addressed independent of the original master drainage facilities. In addition to being a contradiction with the "efficiency" intent, the removal of Tract "F" from obligations to the master association would increase the financial obligations required of the remaining properties/uses to maintain common drainage facilities (and other common properties). In order to maintain the efficiency in land use, and the coordination and unification of tracts on which the PUD was originally approved, the development and obligations of Tract "F" should continue to be under the requirements of the Master Association. It should be noted that this requirement is the basis on which this application can be submitted, as the consent by Trammel Crow Residential, Inc. was conditioned on the parcel (Tract "F") remaining in the existing master stormwater drainage, treatment and conveyance system, including the payment of fees to the Woolbright Place Master Association for maintenance of the system, as well as S,W. 8th Street right-of-way maintenance for which the -3 Page 4 Woolbright Place Planned Unit Development File No. MPMD 97-006 Planning and Zoning Memorandum No. 97-599 Association is responsible, Without agreement by Trammel Crow Residential, Inc., this application would not have had the proper consent from affected property owners to be initiated. RECOMMENDATION On November 18, 1997 the Technical Review Committee (TRC) met to review the requested master plan modification. No significant comments were generated by any member of the TRC, therefore, the committee recommends that this request continue forward with the review process, However, the Planning and Zoning Division recommends that this request be denied, based on the recommendation to deny the related request, the First Baptist Church of Boynton Beach Land Use Element Amendment (LUAR 97-002). The church proposal represents the basis on which this request to amend the Woolbright Place PUD master has been submitted. Without the approval of the church application, this request has no justification, However, if this request is approved, staff recommends that it be approved subject to compliance with the conditions within Exhibit "C". Attachments xc: Central File S:\PlanningISHAREDIWPIPROJECTSIFirsl Baptist Church of BBIMPMDIMPMD 97-006 Rap.doc 1 Exhibit "A" LOCATION MAP 5 LOCATION MA~ WOOLBRIGHT PLACE PUD-~ :c ~, ~ :=",: , I 1 I I -L r Hi :0 C_j I I ~~\ ~ .... 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F.D, MASTER PLAN BOYNTON BEACR. nORJDA i~ EXHIBIT "C" Conditions of Approval Project name: Woolbright Place PUD File number: MPMD 97-006 Reference: The plans consist of I sheet identified as 2nd Submittal. Master Plan Modification, File #MPMD 97-006 with a November 25. 1997 Planning and Zoning Department date stamp marking, DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERlENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 1. Tract "F" shall maintain obligations to the Woolbright Place Master Association as originally agreed when the PUD was established, 2. Revise the land use intensity calculations to reflect the removal of Tract "F" , 3. Include in the revised settlement agreement that is currently being 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. To be determined. q Page 2 Woolbright Place PUD File No.: MPMD 97-006 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS 5. To be determined. Ibme s:\projects\W1brtpIIMPMDlCond of Appr f(J DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Place PUD APPLICANT: First Baptist Church of Boynton Beach APPLICANT'S AGENT: Ellen Smith APPLICANT'S ADDRESS: 105 S. Narcissus Avenue, Suite 503, West Palm Beach, FL 33401 DATE OF HEARING BEFORE CITY COMMISSION: January 20,1998 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: % mile east of SoW. 8th Street and Woolbright Road on the east side of SoW. 8th Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above, The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2, The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order, 7 , Other DATED: City Clerk J:\SHRDA TA\Planning\sHARED\WP\Projects\Wlbrtpl\MPMD\DEVELOPMENT ORDER.doc 1/