LEGAL APPROVAL
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ORDINANCE NO. 001-//
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
ORDINANCE NO. 0 01-03 REGARDING THE 14.18 ACRE
__. PARCEL, LOCATED ON THE WEST SIDE OF SW 8TH
n ~.:; , . , STREET, APPROXIMATELY 1/8 MILE NORTH OF
~~ ~ ~ 1\..)1-_-"-I\n., WOOLBRIGHT ROAD; AMENDING ORDINANCE 89-38
\ 0 f1I'M .. v. OF SAID CITY BY AMENDING THE FUTURE LAND USE
\ ft.B 0 (JP' \ -' ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY
\. _'.---' Y ADOPTING THE PROPER LAND USE OF CERTAIN
~l~ - ~~%tJ,f. ROPERTY, MORE PARTICULARLY DESCRIBED
10 HEREINAFTER; SAID LAND USE DESIGNATION IS
BEING CHANGED FROM LOCAL RETAIL COMMERCIAL
(LRC) TO HIGH DENSITY RESIDENTIAL (HDR);
PROVIDING FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future
Land Use Element by Ordinance No. 89-38 in accordance with the Local Government
Comprehensive Planning Act; and
WHEREAS, the procedure for amendment of a Future Land Use Element of
a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been
followed; and
WHEREAS, the subject proposal would amend a 14.18 acre tract from Local
Retail Commercial (LRC) to High Density Residential (HDR); and
WHEREAS, after public hearing and study, the City Commission deems it in
the best interest of the inhabitants of said City to amend the aforesaid Element of
the Comprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the
following:
That the Future Land Use of the following described land shall be designated
as High Density Residential. Said land is more particularly described as follows:
Tract F, WOOLBRIGHT PLACE PLAT 1, according to the Plat thereof as
recorded in Plat Book 67, Page 47 through 49 in the Public Records of Palm
Beach County, Florida.
Said lands lying and situate in Palm Beach County, Florida, containing
617,577 square feet, 14.18 acres, more or less.
Section 2: That any maps adopted in accordance with the Future Land Use Element
shall be amended accordingly.
Section 3: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 4: Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the remainder of this Ordinance.
Section 5: The effective date of this plan amendment shall be the date a final
order is issued by the Department off Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section 163.3184(1)(b),
Florida Statutes, whichever occurs earlier. No development orders, development
permits, or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, this amendment may nevertheless be made effective by
adoption of a resolution affirming its effective status, a copy of which resolution shall
be sent to the Florida Department of Community Affairs, Division of Resource Planning
and Management, Plan Processing Team.
FIRST READING this tb day of February, 200l.
SECOND, FINAL READING and PASSAGE this ..Rt7 day of F'EBRUAR'I . 200l.
CITY BOYNTON BEACH, FLORIDA
ATTEST:
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Ci lerk
(Corporate Seal)
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Commissioner
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December 5, 1995
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TO:
Suzanne Kruse, City Clerk
FROM:
Rose Marie Lamanna, Legal Assistant
RE: Tradewinds Settlement Documents
Pursuant to Our discussion, attached are copies of the fol/owing documents, which
should be attached to Resolution No. R95-55:
1. Agreement between the City of Boynton beach and Howard Scharlin, Trustee
for Woolbright Place, Joint Venture, dated November 7, 1995;
2.
Beach;
General Release of Woolbright Place Joint Venture to the City of Boynton
3.
General Release of Howard Scharlin to the City of Boynton Beach.
The check referenced in Item No. 16 has been deposited by our Finance
Department and I am forwarding the original documents to Palm Beach County for
recording.
sl
Encs. as stated
Hand Delivered
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RESOLUTION NO. R95~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BE'IWEEN THE CITY OF BOYNTON BEACH AND
HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT
PLACE, JOINT VENTURE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Tradewinds Development Corporation and the City
of Boynton Beach have heretofore been engaged in lengthy
litigation over the development of property located in Boynton
Beach, Florida, which litigation is subject to stipulations
and judgments entered in Palm Beach County Circuit Court, Case
Nos. CL 86-3661 and CL 87-1638 AE; and
WHEREAS, Howard SChar1in, Trustee for Woolbright Place,
Joint Venture, is the successor in interest to the rights of
.i Tradewinds and is the sole owner of the property which was the
'I
subject of the above referenced litigation; and
I WHEREAS, the parties desire to enter into an Agreement,
i which shall supersede all previous agreements, stipulations
,I and judgments concerning the rights of the parties as it
I relates to the development of the subject property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
I THE CITY OF BOYNTON BEACH, FLORIDA, THAT~
i Secti on 1 The Mayor and ci ty Clerk are hereby
I authorized and directed to execute an Agreement between the
,: City of Boynton Beach and Howard Scharlin, Trustee for
I Woolbright Place, Joint Venture, which Agreement is attached
:! hereto as Exhibit "A".
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Section 2. That this Resolution
Ii effective immediately upon passage.
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shall
become
PASSED AND ADOPTED this
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day of ~#~ , 1995.
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Trldlwind..rtnIIAgr
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SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is entered into between THE CITY OF
BOYNTON BEACH ("CITY"), and HOWARD SCHARLIN, TRUSTEE for WOOLBRIGHT
PLACE
JOINT
f'
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VENTURE
("SCHARLIN") ,
this
"/
day
of
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-
, 1995.
WITNESSETH
WHEREAS, TRADEWINDS DEVELOPMENT CORPORATION, acting for the
WOolbright Place Joint Venture ("Woolbright") and the CITY have
heretofore been engaged in lengthy litigation over the development
of property located in Boynton Beach, Florida, which litigation is
subject to stipulations and jUdgments entered in Palm Beach County
Circuit Court, Case No. CL 86-3661 AE and CL 87-1638 AE; and
WHEREAS, Howard Scharlin, Trustee for Woolbright Place, Joint
Venture, is the true party in interest to the rights of TRADEWINDS
and is the sole owner of the property which was the subject of the
above referenced litigation; and
WHEREAS, Scharlin desires to enter into an Agreement with the
. -
CITY which shall confirm the good standing of the parties Under the
stipulations and jUdgements entered in the above referenced
litigation, and;
WHEREAS, the parties have engaged in negotiations which are
intended to resolve all current and future development issues with
respect to the real property identified in the above referenced
litigation, including issues involving the interpretation of .the
previous stipulations entered into between the parties the
Court Orders implementing same; and
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Final 5116/95
WHEREAS, the parties have agreed upon the terms that will
bring the litigation between them to a final conclusion in a manner
which is equally beneficial to all interested parties, and to the
citizens of the CITY; and
WHEREAS, SCHARLIN has represented to the CITY that Scharlin
is the only party who holds legal title to the property which is
the subj ect of this litigation and represents all those with
equitable interests therein, or who has standing to enforce the
Stipulations and Orders entered into in the above referenced
litigation.
NOW, THEREFORE, in consideration of the mutual covenants
expressed and exchanged herein the parties agree as follows:
1. The foregoing whereas clauses are true and correct.
2. All references to SCHARLIN herein shall mean Howard
Scharlin, Trustee as authorized representative of owners of 100% of
beneficial interest in Woolbright, his SUccessors or assigns.
3. INDUSTRIAL ACCESS ROAD: SCHARLIN shall construct the
industrial access road centered within a 50' public right-of-way
along the northern boundary of the PCD within twenty-one (21)
months of the date of this agreement including, but not limited to,
curbs and drainage.
In return, the CITY agrees to abandon or
convey to SCHARLIN the southernmost 30' of the industrial road
right-of-way. The road shall be built in accordance with applicable
design standards and with the typical cross section depicted on
attached Exhibit. "A". The design shall incorporate,,: West bound
left turn lane on the industrial access road onto S.W. 8th Street,
a sidewalk along the north side of the road from S.W. 8th Street to
Final 5/16/95
'7'bdl
the eastern terminus of the road, with curbs and gutters along both
sides, and a continuous ficus hedge along the property line which
separates the PCD from the Vinings Development. SCHARLIN shall
provide surety for the roadway improvements in the man~er
prescribed by the CITY's Land Development Cod~. The CITY agrees
that SCHARLIN may have no more than three (3) points of ingress and
egress to the PCD from the industrial access road, provided the
for the location of drive~ays.
access points are located fOllowing the customary approval process
4 .
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LANDSCAPE BERM.
In addition to other berms or walls
which are required to be constructed in the PCD or PUD, SCHARLIN
shall construct irrigated landscape berm along the west boundary of
the PCD and PUD, less the church parcel, within three months of
the execution of this Agreement. The berm height shall be measured
from the elevation on the Leisureville side of the berm and may
consist of five (5) feet of earthen berm and a ficus hedge. The
berm shall be landscaped along its high point with a continuous
ficus hedge planted and maintained in accordance with the memo
dated May 11, 1995, a copy of which is attached hereto as Exhibit
IICU.
5.
VESTING:
The CITY agrees that any and all CITY and
County impact fees which are required to be paid for the PUD and
PCD shall be calculated at the fee rate in effect in November, 1986
and the CITy'shall collect such 1986 impact fee from the applicant
as development orders are issued and as a condition precedent to
the issuance of any building permits. SCHARLIN shall pay all other
building and permitting fees in effect at the time of applic~ion.
Final 5/16/95
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To the extent that a category of impact fee did not exist in 1986
and was thereafter implemented by the CITY and/or County SCHARLIN
shall not be required to pay such fees. The CITY is not a party
to any agreement between SCHARLIN and Palm Beach County regarding
County impact fees. The CITY shall remit to the County any impact
fees paid by SCHARLIN to the CITY for County impact fees but the
CITY shall have no additional liability to SCHARLIN or the County
if the County demands additional fees, and SCHARLIN shall hold CITY
harmless from any such liability.
6.
USES IN THE PCD:
The parties agree that all Uses
permitted under current PCD or C-3 zoning regulations are
permissible in the boundaries of the current PCD, subject to
conditional use approV~lby the City Commission when so designated
in the City Code-. By way of exampl e: fast
permitted use, restaurants with drive thru
food restaurants are a .
are a conditional use.~
requiring Commission approval.
7. FORCED AIR BURNING: The CITY agrees to permit one (1)
controlled air/forced air burning on the site, from the date of
this agreement, subject to Fire Department approval and proper
atmospheric conditions.
8. GARDEN CENTER/ACCESSORY USE: The CITY acknowle~ges that
the Home Depot Outdoor Garden Center is an accessory Use and that
said Garden Center shall not be included as part of the retail
gross leasable area.
9. REVIEW PROCEDURE: The CITY and SCHARLIN agree that the
development review procedure attached hereto as Exhibit "B" shall
be implemented and applied to all applications by SCHARLIN for
Final 5/16/95
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further construction permitting on the property. The CITY further
agrees that upon receipt of applications as required by applicable
ordinances, it shall process master plan modifications and site
plans in accordance with the schedule attached as Exhibit "B".
lO. SCHARLIN shall be required to bond all required
subdivision improvements including on and off-site improvements
required by CITX Code.
ll. MASTER PLAN MODIFICATION: Nothing herein shall. prevent
SCHARLIN from seeking mOdification of the current master plan.
Notwi thstanding any previous requirement, additional cOmmercial
buildings need not be attached to the Home Depot Garden Center.
Master Plan modifications shall be conducted in accordance with the
procedures in place at time of application for same.
12. PHASE DEVELOPMENT: The CITY agrees that SCHARLIN shall
have the right to phase development of the PCD andlor the PUD as
well as sever portions of the property from the PUD or PCD,
provided, however, that the phasing of any improvements which are
required by the subdivision and platting regulations shall be in
accordance with the revised master plans submitted by SCHARLIN and
approved by the CITY, and phasing of said improvements is
reasonably related to the land uses that are proposed in the
particular phase.
13. ADDITIONAL CURB CUTS:
Notwithstanding any prior
agreement, SCHARLIN may request additional curb cuts along S.W. 8th
Street. Approval shall be subject to customary review and hearing
for traffic flow and safety considerations.
14.
RELEASE AND SETTLEMENT:
Upon execution of this
Final 5/16/95
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Agreement by both parties and approval by Court order all prior
stipulations, agreements, letters of understanding, negotiations
shall be deemed in good standing and satisfied and the future
rights of the parties shall be governed by this Agreement and the
applicable provisions of the CITY Code of ordinances, as that Code
is amended from time to time.
a
General
SCHARLIN shall provide to the CITY
from SCHARLIN, --;:r:; /..,/ ",:.,4. -f/' _' /. /Ll.~'"
~2U~~_ ~_j ';/_ y
WOOLBRIGHT PLACE, JOINT VENTURE, and MICHAEL MORTON
Release
.
tA-t I r
releasing the CITY from all claims or actions accrued or
outstanding which either has or may assert against the CITY, except
those claims or actions which may accrue in the future based Upon
either party's failure to comply with any provision of this
Agreement.
15. COMMISSION/COURT APPROVAL: This Agreement shall have no
force and effect until approved by a majority of the CITY
Commission and the entry of an Order approving a Stipulation for
Settlement and Dismissal referencing the terms of this Agreement.
16. ATTORNEY FEES:
SCHARLIN shall pay to the CITY Five
Thousand ($5,000.00) Dollars, representing attorney fees and costs
incurred by the CITY in this action.
17. CODE COMPLIANCE: The parties agree that unless herein
stipUlated, all current and future activities will be governed by
City Codes and Regulations in force and effect upon the date of
application for an activity.
18. REQUIRED IMPROVEMENTS:
SCHARLIN agrees to complete
construction of all required improvements including, but not
limited to, the industrial access road referenced in paragraph 3
Final 5/16/95
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above, and previously required landscaping.
SCHARLIN further
agrees to provide 110% surety for all required improvements and to
complete the required improvement within twenty-one (21) months of
t~e date of the CITY Commission accep.tanqe o~ this ~greement.
19. RIGHT-OF-WAY LICENSING AGREEl-1ENT: The parties agree that
the Grant of License by the CITY to SCHARLIN as recorded with Palm
Beach County on December 11, 1990 (90-352210, Official Record Book
6667, Page 103) remains in full force and effect. The parties agree
to correct an error in the legal description contained therein.
20. ENFORCEABILITY: Nothing herein shall constitute a waiver
on the part of either party to seek judicial enforcement of the
terms of this Agreement. This Agreement shall be binding on all
SUccessors or assigns of SCHARLIN.
THE CITY OF BOYNTON BEACH
by:
ATTEST:
CLERK
JAC/lms
900304
AGREE. 1
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<. H)Nard Scharlin, Trustee
of Woolbright Place Joint
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Final 5/16/95
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EXirrBIT B
The fOllowing procedure shall be implemented and followed by
both SCHARLIN and the CITY in the filing and processing of all
requests for development approval:
Step 1. SCHARLIN contacts the Planning Director to Schedule
a pre-application meeting.
Step 2.. Written documentation outlining request should be
submitted to the Planning Director no less than five (5) business
days prior to pre-application meeting. This will penni t the
Planning Director to make appropriate inquiries of other staff
members.
Step 3. Pre':'application meeting with staff. Staff will
provide comments at this meeting.
Step 4. Formal submission of application by Tradewinds.
Step 5. Staff will review application within ten (10)
business days.
Step 6. Planning Director will provide written response on
or before tenth (lOth) business day following Submission.
Step 7. Application will be placed on the P&D.agenda for
next P&D meeting, if P&D meeting will occur within two (2) weeks.
If P&D meeting is not within two (2) weeks, a special P&D meeting
will be called. Developer may, at its discretion, request delay of
the Planning and Development Board meeting but such request must be
in writing,
Step 8. Following P&D action, application placed on next
City Commission agenda.
Final 5/16/95
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In the event that public notice is required by City ordinance
or state law for pUblic hearing, then in that event, the schedUling
of meetings under Step 7 and Step a shall be extended to meet the
notice requirements of law.
Final 5/16/95
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PALM BEACH PHONE (407)7:32.:
lIi1iSUQ.VilJ.E COMMUNITY ASSOCIATION. INC.
lClO7 OCEAN OIlIY!! I BOYNTON BEACH, 'LOIlIOA :134:.
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MEMO
ENGINEERING ..
To:
FrolD:
Subject:
Dare:
CARRIE PARKER. CITY MANAGER.
PBTER!. KELLY, PRSSIDBNT, PALM BEACH LEISlJRBVlLLE
MEBnNa REGARDING BERM ETC. 8TH AVE
MBY 1 I, 1995
;
Today, I mer with Mr. Houlihan, Mr. HalI and Mib Morton, ThIs meet/lIB \VII called
rOBelher by Mr. Ken HID.
Mer discussion, the followins was Isreed upon pendini approval !)tthe City Manapr.
1. Berm to be minimum of S teet JUah with a 3 Ill. Hedio planted on top. This berm
iJ to be tapered and hedge planted to point oflntel1octIon at old cl new coad.
2. Hedge to be continued tram that point to the utlUly box on west side otlth Ave. and
will be I Sgal hedBe.
3. Imgation wiD be COMected Into PB Le"urevil/c irrigal1onlyltem.
4.Mr. Morton will do the benn planlinS and hedsins and all connections to UriSltion system.
S. He will be respollSlole tor maintaining the entire berm and bo responsible for the irription.
' .
6. PB LeisurcYille wiD maintain the hedss from tho point orinterscction to the end ortho hedse.
We will also irrigate the area.
All tho above concfiriolll are ail'ced upon only if they asrce with the condilions Jet forth
by Ms: Carrie Pulcer, Clly Manaser.
ThanJc you.
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Peter 1. Kelly, President
Board or.oirectol1
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THIS INSTAUKENr PRlPARiD .,
l RETURN TO:
JANES A. tHEROf', IllIUllE
JDSIAS l: COllEN, P...
3099 ea.t t_rcial IIclo.olavard
Suit. 200
Fort Laude~l.. '1 3330a
~I: ULBASB
KNOW ALL MEN B~ 'l'HESE P.kES:::X':'S: That WOOLBRIGHT PLACJ:: JOINT
VEN~~1RE, first party, for Gnd in consideration of the sum of Ten
and NO/lOO ($lO.OO) DOLLARs, or other valUable considerations,
received from or on behalf of THE CITY OF BOYNTON BEACH, second
party, receipt whereof is hereby acknowledged.
(Wherever used herein the terms "first party" and "second
party"
shall
include singular and plural,
heirs,
legal
representatives, and assigns of individuals, and the SUccessors and
assigns of corporations, whare'l.'er the context so admits or
the
requires) .
HEREBY remise, rel.as"!, acquit, satisfy, an~foreve!"LdisC~arq.. ,
u> i"- 'Wo&. Q,o~c ..... -+.....,jff,.. P"'!i1:J- r ^ 'It... ~e............. ~"'h..J Ill,.
/~IA<.r."Il'" C!:f'I ~""~"""l " 11-'.',; .n
said second party, of and ~om all, an all manner at action ~
and actions, caUSe and caUSes of action, suits, debts, dues, sums
of maney, accounts, reckonings, bonds, bills, specialties,
.,
contrac1:s,
controversies,
agreements,
promises,
covenants,
variances, trespassec, damagos, judgments, executions, claims and
demands whatsoever, in la~ vr ~n equity, which said first party
successor, heir or assign of said first party, hereafter can, shall
ever had, now ha'5, or which any personal representat1vos,
or may have, against said secona party, far, upon or by reason of
1'1 0 &1
any matter, cause or thing vhat.:soever, ~ the beginning of the
world to the day of these p~eseLts.
IN WITNESS WHEREOF, I have ~lereunto set my hand and seal this
~ day of tUv.,mJ,J.r , 1995.
Signed, sealed and delivered
in the presence of:
(~~. J~u)/_.
kn,'", gC;n~/ll'z.
~f;i:a~
Printe Hallie . .
. /
By:.--..
LACE JOINT VEN'l'ORE;
/~
STATE OF FLORIDA )
)
COUNTY OJ" )
I HEREBY CER!'U'y that on this day, before lila, an officer duly
authorized to administer oaths and take aCknowledgements,
personally appeared lIowal't!!(;.f1" Larl,'".. the "T7....sAu of
WOOLBRIGHT PLACE JO!NT VEN'I'URE, known 'Co me to be the person
descrlbeci in and who exec:Jted the foregoing instrument, .Who
acknowledge before 1IIe that he .axecuted the same, is personally
known to lIIe and ~ q~ ~ w.a~ .11ot taken.
Witness lilY hand and official seal in the County and State last
aforesaid this ~~'daYOf.'_AJPII"-"~ , 1.9ZL.
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NOTARY PUBLIC )'
My Commission Expires:
Printed Name
JAC/lms
900304
IlOOLIRT.REL
_W,.
ICENIA SANOIEZ
NOToAn' PUlUCsrATE OF FLCIlIDA
CDIoIMI!iIlION NO. CCl8Il40
MYCOMMISSIONEXP. LY4.1'11lll
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THIS IHSTAUMEMT PREPARED Ir
& IlETUaII TO:
JAMES A. ClIDOf, IIlIUIU
JOSIAS & GalEI, ',A,
3099 EAst c-rcial .....1""....,
SUhA 200
Fort LAUd8rdal., 'L 33301
GENERAL RELEASB
mow ALL MEN BY THESE PRESENTS: That HOWARD SClIARLIN, first
party, for and in consideration of the Slum of Ten and NO/lOa
($10.00) DOLLARs, or other ValUable considerations, received from
or on behalf of THE CI:n OF BOn:TON BEACH, second party, receipt
whereof is hereby acknowledged.
(Wherever USed herein the terms "first patty" and. "second.
party"
shall
include singular and plural,
heirs,
legal
representative., and assigns of individuals, and the SUccessors and.
assigns of corporations, wherever the conteXt; sa ac:lmits or
requires).
HEREBY remise, r.~teas~, ac~it, satisfy, and forever diScharge J
;..,.u........ e,....,~_ 1-~ 1"'.'<<'" ~"i.. S.%il........ r41le~ b~_..
su....r\i_ ....ioI e.:~ "'"Pi...... il.c.cL. ~ 1I.",'b'. .
the said second party of and f::-om allo, and all manner of action
and actions, caUSe and causes of action, suits, debts, dues, Bums
of money, accountE, rockonings, bonds, bills, specialties,
covenants,
contractE,
controversies,
ag-reements,
promises,
variances, trespaSs83, damages, jUd9lllents, executiona, claims and
demands whatsoever, .Ln law or in equity, which said first party
ever had, now has, or. which any personal representatives,
Successor, heir o~ a5a1qn 0:; .;alc: first party, herea~ter can, shall
or may have, A9ainst said second party, for, upon or by reason O~
16 b d-I
- - - - - - . - --
any matter, cause or' thing vhat~oever, ~rom the beginning of the
world to the day of these presents.
IN WI1'NEss WHEREOF, I have hereunto set my hand and aeal this
g.tI- day Of tVrIV~~~ , 2995.
Signed, .ealed and delivere~
in the presence o~:
, ~//';1.2' ~,.,.~/
J<1'4/a. .fan",(i"Z' '
Printed Name ~
~~C-U~
EvA~~tv:L ~. \Jl~~
printe Name .
BY:
/7J~(\ / ~
,I HOWARD SCHA:R.{;N
S7'A7'E OF FLoRIDA )
)
COUNTy OF . )
I HEREBY CER7'IFY that on this day, betore me, an Officer duly
authorized to administer oaths and take acknowledgements,
personally appeared BOWARD SCHARLIN as of
, known to m. to b. the person
aescriJ:llad in anti titho executed the foregoing instrument, who
acknowledge before me that he executed the same, is personally
known to me and an oath was not taken.
Wi tness my bantl
aforesaid this ~~
and official seal in the County and State last
day of 11J1J1/~H1-(,"'~ , 19.2,c.
( ~///~...~....~/
N07'ARY PUBIJ:C
Printed Name
My Commission Expires;
JAC/L..
900304
Sl:HARLlN.REL
ICINIA 5ANCHiZ
NDrAIYl'UlUCsrATE OF FLORIDA.
CXIMMI!l5ION NO. CC3f1l40 .
MYCOMMISSIONEXP. ULY 4.IllW.
I7tb~J
OJI .i~,;;~
i~.lQ rAA i ~ui ~11 uti4ti
~Ul<lU,' l,KULi'
tgJ UO;.!
,
,R96 -/.$
Ann1=!>>nTTM Tn ~R'P1'T,J:VJnJITI A~RJ:!~
THIS ADDENDUM is entered into this 6th day of February, 1996,
between the CITY OF BOYNTON BEACH ("CITY") and HOWARD SCHARLIN,
TRUSTEl:: FOR WOOLBRIGHT PLACE, JOINT VENTURE (" SCHARLm" ) .
WHEREAs, the CITY' and SCHARLIN have heretofore entered into a
Settlement Agreement which bears the dated of November 7, 1995, and
which was signed by the CITY on May 17, 1995 and by SCHARLIN on
June 21, 1995; and
WHEREAs, an additional issue of signage for the Cracker Barrel
store and restaurant has arisen which is susceptible to resolution
within the context of the Settlement Agreement; and
WHEREAS, the parties are amenable to amenc:lment of the
Settlement Agreement by Addendum, leaving all other terms and
conditions thereof fully and completely intact.
NOW THEREFORE, in con!ideration of the mutual r:ovenants
expressed herein, the parties agree as follows:
1. The foregoing 'whereas' clauses are true and correct.
2. The Settlement Agreement is hereby amended as follows:
A. A new Section 21 is added as follows:
SCHARLm shall be permitted to locate
one pylon sign on property, to be
conveyed to Cracker Barrel, adjacent to
the Interstat~ 95 for the purposes of
signage for th~ Cracker Barrel store and
restaurant beinq constructed in the
WOOlbright Place PCD. The sign shall be
of a si~e and configuration as depicted
on Exhibit 'A' and shall be solely
limited to ider,tifying the Cracker Barrel
store and restaurant. There shall be no
directional language in the content
of the sign except " Exit * _,
i9 9-,'~t
( J
03/18/88
liON U: l~
......
.,-
1 407 241 OU~8
IIU..IUI. GkUlJl'
'lII1
,
West.. In all other respects, the
Sign shall be constructed in
accordance with the applicable
Building Code. Approval of this sign
is conditioned on the construction
and operation of the Cracker Barrel
store and restaurant in the
Woolbright Place PCD/POD. In the
event the Cracker Barrel
subsequently ceases operations, the
sign and sign structure shall be
removed with a period of 90 days
fOllOWing the discontinuance of that
business.
amended as follows:
B, Paragraph 15 of the Settlement Agreement shall be
COMMISSION APPROVAL: This Agreement
sh411 h4ve no force and effect until
approved by 4 majority of the City
COmmission.
THE CI'lY OF BOYNTON BSACH
By:
A'I"l'EST:
(C:l.ty S.all
Trustee of
Joint VentuJ:
JAC/lmh
900304
ADDENPtlM.l
. ,
I~' Ip.> J
RESOLUTION NO. KP~-/.:r
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
EXECUTION OF AN ADDENDUM TO THE SETTLEMENT
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT
PLACE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach entered into a Settlement
Joint Venture; and
Agreement with Howard Scharlin, Trustee for WOOlb~ight Place, a
WHEREAS, an additional issue regarding signage for the Cracker
Barrel store and restaurant is outstanding and subject to
resolution within the context of the comprehensive settlement
reflected in the Settlement Agreement; and
WHEREAS, the City Administration and representatives of Howarc.
Scharlin, Trustee, and the Cracker Barrel have met and reached a
tentative resolution of the sign issue which requires Commission
,approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The Mayor and City Clerk are hereby authorized
to execute on behalf of the City, an Addendum to the Settlement
hereto as Exhibit "A".
and the City of Boynton Beach. A copy of the Addendum is attached
Agreement heretofore entered into b.twe~1n Howerd SCharl!n, Trustee,
JAC/lom
2/2196
900182.89
IRAOEWNO. AOO
Page 1 of 2
. , I
JOb <l
Section 2. This Resolution shall become effective immediately
upon its passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THIS ~ DAY OF ~A6~~~~ 1996.
CITY OF BOYNToN BEACH, FLoRIDA
BY, A'-tlyr:
Mayor
-'r\ -I. ' \.i.i_ _ C'
Vice Mayor
,.- /
l ~' ./. ~~ /,~_ -:
Co issioner ,
r
l,L,_.___c~ __,~I----,-,._
~ -,
Commission j
Commissioner
ATTEST:
'~~-'~~~~I/
, CI CLERK
I,
/1
1.1 HEREBY CERTIFY that I have
lapproved the form of this RESOLUTION
I'
I
'.' - l -
'I ' . r}
. . ,,/ /''J' '(//,1Ic{ (. _
..JAMES A. CHEROP'
CITY ATTORNEY
JAC/lom
2/2/96
900182,88
TRAOEWNO,AOO
Page 2 of 2
;)../ b 2--;'
, .
~ 1fU' City of
':Boynton ':B'luli
.--~~ -lIDO$. 21<1yn_ '&IWa 'BouUvrur/
"'V 'P,O, ~JIO
. ~.'~ .. 21<1yn- '&odi, 110rWJ 33425-0310
(., City 1fDll: (407) J7UQOo
'JOtt: (407) 375-<<190
11-:;;.:.1i h';", ;J/1"yt;t.. /It/\.)
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~-t5-i7.1~,1c:.~,96-2a41 "72
<.;FiB 9397 29 11 ''76
. JIIII ..11 1111. i. i II III
CERTIFICATION
I, Suzanne M. Kruse, City Clerk of the City of Bo~t~n Beach, Florida, do hereby certify
that attached Resolution #R96-1l2, consisting of one (I) page; a map consisting of one
(1) page and Exhibit "A" two (2) pages is a true and correct copy as it appears in the
records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, this 13th of August, 1996.
'- St~--~~,
Su nne M. Kruse, CM E
City Clerk
August 13, 1996
\mas
s:\cc:\wp\certityj
j{nurica's (jattf.llr1.!J to tlU (julfstrr.am
/, , ::;-
V
RESOLUTION NO. R96-//A'
~n ..~. ~ I
J:!rU
i
I
I WHEREAS, by Resolution No. R95-65, the City of Boynton Beach entered into
I a Settlement Agreement with Howard SCharlin, Trustee for Woolbright Place, Joint
I
I Venture, (SCHARLlN) which Agreement provided for the abandonment of the
I southernmost 30' of the industrial road right-of-way by the City to SCHARLlN;
Ii NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT;
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a Right-of-Way Abandonment for the southerly 30' of the right-of-way, located
on Purple Heart Way, more particularly described in Exhibit "A", attached hereto and
made a part hereof.
Section 2, This Resolution shall become effective immediately upon passage,
PASSED AND ADOPTED this 6 day of August, 1996.
::;:;:::;;" p'
,. ~,.
-;:;;L
A RESOLUTION OF THE CITY COMMISSION OF THe
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN ABANDONMENT OF A 30' RIGHT-OF-
WAY ON PURPLE HEART WAY PURSUANT TO
SETTLEMENT AGREEMENT ENTERED INTO BETWEEN
THE CITY OF BOYNTON BEACH AND HOWARD
SCHARLlN, TRUSTEE FOR WOOLBRIGHT PLACE,
JOINT VENTURE BY RESOLUTION R95-65; AND
PROVIDING AN EFFECTIVE DATE.
PlANN:,,:
ZONIr;;11 _ ,:
---.
Commissioner
!
I
I ATTEST: .
I' ~~'~~/A~
Cit Clerk
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, I _b<<indomentiIROW
Ii Sch.l1in-8/11'ge
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Thia inatrument waa prepared by.
Howard R. Scharlin, Zaq.
Scbarlin, Lanzetta, Cohen, Cobb , Ebin
1399 S.W. Firat Avenue, .400
Miami, FL 33130
:J~B 9397?s 1199
RIGHT-OF-WAY ABANDONMENT
THIS INSTRUMENT, vacating a portion of right-of-way given by
the CITY OF BOYNTON BEACH, a Florida municipal corporation (the
"CITY"), on this /,g
day of #4't!lu~r, 1996 at Boynton Beach,
Florida saying thereupon:
WHEREAS, the developers of Woolbright Place Plat NO.1,
according to the Plat thereof, recorded in Plat Book 67, Page 47
through 49 of the Public Records of Palm Beach County, Florida
includes dedication of a road way identified on said Plat as Tract
"A" with the Street name of Morton's Way (the "Subject Road Right-
of-Way); and
WHEREAS, by resolution duly enacted by the CITY at a properly
constituted meeting of the city Council, Resolution No. 95-65, the
CITY resolved to vacate the Southerly 30' of the Subject Road
Right-of-Way which is more specifically described as follows:
A portion of Tract "A" (also known as Morton's Way),
WOOLBRIGHT PLACE PLAT 1, according to the Plat thereof as
recorded in Plat book 67, Pages 47 through 49, of the
Public Records of Palm Beach County, Florida, more
particularly described as follows:
COMMENCING at the Southeast corner of Tract "E", SHOPPES
OF WOOLBRIGHT P. C. D., according to the Plat thereof
recorded in Plat Book 65, Pages 137 and 138, Public
Records of Palm Beach County, Florida; thence
N01'34'16"W, 571.91 feet to the Northeast corner of said
Tract "E" , and the POINT OF BEGINNING, thence
S88'26'13"W, along the North boundary of said Tract "E",
1125.37 feet to a point on the East boundary of Tract
"A", (also known as: S.W. 8th Street), SHOPPES OF
WOOLBRIGHT P.C.D.; thence S37'35'20"W, along said East
boundary, 46.53 feet to a point on the arc of a non-
tangent curve, concave to the Northeast, (radial line .co
said point bears S76'44'26"W); thence Northwesterly along
the arc of said curve, having a radius of 1438.26 feet,
a central angle of 01'13'04" arJan arc distance of 30.57
feet; thence N37'35'20"E, 46.53 feet to a point on a line
30.00 feet North of and parallel with the North boundary
of said Tract "E"; thence N88'26'13"E, along said
parallel line, 1131. 24 feet to a point on the East
boundary of said Tract "A"; thence SOl' 34' 16"E, along
said East boundary, 30.00 feet to the POINT OF BEGINNING.
Said lands lying and situate in the City of Boynton
Beach, Palm Beach County, Florida.
/fcf/':'~
ORB ,'397 r9 1200
iJ-'v"-'CU^~II1.ni 11". '.ILL' /'I"C.~I'.I, ~I "'~F ""''''"' ~-~-'!.'.'"
1\ , W If \"....cJ\1'\ l"'t1 wvvr.;"r f i~
NOW, THEREFORE, after due consideration by the City Council
with a quorum present, and in implementation of the said resolution
to vacate a portion of the Subj ect Road Right-of-Way, the CITY
acting by its duly constituted officers does hereby vacate the
Southerly 30' of the Subject Road Right-of-way. In vacating the
Southerly 30' of the Subj ect Road Right-of-Way, that vacated
portion of the right-of-way, without further action by any party.
becomes the Northerly 30' of Tract E of the Shoppes of Woolbright
P.C.D., according to the Plat thereof, as recorded in Plat Book 65,
Pages 137 and 138, of the Public Records of Palm Beach County,
Florida.
IN WITNESS WHEREOF, this instrument is executed by the Mayor
of the City of Boynton Beach and the Mayor's signature is attested
by the City Clerk and the corporate seal of the CITY is affixed.
THE CITY OF BOYNTON BEACH
was ac
, 1996, by
of The City
as the
er t:RS .Ra.:~ pr9Qused
By:
-):,:
APPROVED AS TO FORM:
') , - ~
/l~ ,,' .(:'",--
CITY AnORNEY
STATE OF FLORIDA
COUNTY OF PALM BEACH
me
this
XA" R
personally known to me
aQ iaeRtifio3tioR
and
are
My Commission Expires:
~~~~~f Florida
"-=0: ..JA'W;:;~ "'1, PRA//V,ro
Co~a.10n N rl
r:>;.~>" , JANET M, PRAiNITO - 11
l'r.' '......., :_.'j M(Go~....rssrON'::C386147.
': ,~-:::."+~;,.: EXP1R. S. AU!)\lst ..7, 1998
~'_'. .,;';-:,,,~~,;:~~:~:~~;,~ ~~~~_.~~c:~~~
,(/ A Z:-
L>C)~
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulen! I. Kastarlak, NeARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
July 2,1998
VIA FACSIMILE (561) 655-5525
Ellen Smith
Unruh, Smith & Associates
105 South Narcissus Avenue, Suite 503
Wes1 Palm Beach, Florida 33401
Re: First Baptist Church of Boynton Beach. Land Use Plan AmendmentJRezoning (LUAR 97-002)
Woolbright Place PUD Land Use Amendment (LUAR 97-004)
Dear Ellen Smith:
An analysis of your applications has revealed that certain application fees are still owned, or now due in connection with
the transmittal of proposed amendments to the Florida Department of Community Affairs (DCA). The outstanding fees
owed are summarized as follows:
PROJECT NAME
FEES DUE
First Baptist Church of Boynton Beach - Land Use Plan
AmendmentJRezoning (LUAR 97-002)
Woolbright Place PUD Land Use Amendment (LUAR 97-004)
$500 - Land Use Amendment for DCA transmittal
$1,750 - Land Use Amendmen1 Priorto DCA
1ransmittal for more than 10 acres
$500 - Land Use Amendment for DCA transmittal
TOTAL $2,750
If your records show that any of these fees have been paid, please proyide us with copies of same so that our records may
be updated. If you have any questions or need any further assistance do not hesitate to contact me,
Sincerely,
-Jl0~- ~
Michael W, Rumpf
Acting Director of Planning and Zoning
MWR:dim
Attachment
J:\SHRDA TA\PLANNING\SHARED\WPIPROJECTS\FIRST BAPTIST CHURCH OF BB\LUAR-REZN\FEES DUE,DOC
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd.. P,O, Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
Exhibit A
FEES
~ T.1.Nn DRVRLOPMRN'I' RRLATRn 1-. _ IVITIRS
Page 1
ACTIVITY
~
Abandonm~nts (easement or right-of-way) **** . . . . . . . . . . . . . $ 500
Annexations
Less than 5 acres
5 acres or more
$ 7S0
$1,000
Appeals & Waivers
Administrative .........
Community Design Plan
First appeal (per code section)
Each additional appeal ....
Landscape Code
First appeal (per code section)
Each additional appeal
BU~lding and Construction Permits
$ 200
$ 400
$ 100
$ 200
$ 100
Conditional Use Approval *, ****
Less than 3 acres . .
3 acres or more . . .
1.6t of cost of improvements ($35 min.)
Development of Regional Impact (DRI) Review
New DRI and amendments to DRI Development Order
$1,000
$l,SOO
. . . . . . . . . . . .
***
Environmental Review
Application
Permit
$
$
$
2S0
250
250
Height Exception
Land Development Permit
Land Use Amendment
Prior to DCA transmittal
Up to 10 acres
More than 10 acres
For DCA transmittal .
1.6t of cost of improvements ($35 min.'
$ 750
$1,750
$ SOO
Legal review of documents (such as cross-access
agreements and leased parking agreements)
. . . . . . .
. . . . . $
400
Master Plan
Master Plan Review (within a conventional zoning district)
Less than 20 acres .........
20 acres or more ..........
Master Plan MOdification (regardless of zoning)
Platting
Pre-application
Plat review . .
$1,000
$1,500
$ 500
process **
$1,000
$3,000
Postponement (up to 3 months)
Without re-advertisement and renotification
to property owners ...........
With re-advertisement and with or without
renotification to property owners . . . .
...ol~~lo. .0. .'5045, Ap~11 1'. l"S
$ 25
***
Exhibit A
FBHS ".OR I.aNTI DKVHLOPMRN'I' RELATIID ACTIVITIES
Page 2
Rezoning
Conventional district
Up to 10 acres . . . . .
More than 10 acres .....
Planned Development District *
Up to 5 acres . .
More than 5 acres . . . . . .
$ 750
$1,000
$1,000
$l,SOO
Site Plan Review *
New Site Plan
Less than 5 acres . . . . . . . . . . .
5 acres or more . . . . . . . . . . . .
Within the CBO (regardless of size)
Minor Site Plan Modification (CEO/non-CEO)
Major Site Plan MOdification
Less than 5 acres . . . . . .
.' 5 acres or more . . . . . . .
Within the CEO (regardless of size)
$ 7S0
$1,500
$ 7S0
$ 100
$ 750
$l,SOO
$ 750
Text Amendment ****
Comprehensive Plan
Prior to DCA transmittal .......
For DCA transmittal .
Zoning Code (after City Commission review)
. .. .. .. .. .. ..
$ 250
$ 250
$ 2S0
Time Extensions
Environmental Review
All other types . .
$ 125
$ 400
Use or Code Review
Within conventional zoning district
Within planned district . . . . . .
$ 250
$ 250
Variances
Parking Lot Regulations
First variance (per code
Each additional variance
Zoning Code ****
First variance (per code
Each additionai variance
section)
400
100
.. .. . ..
$
$
$
$
400
100
section)
Waivers
Sidewalk
Administrative
$ 100
$ 200
$ 25
Zoning Verification Letter
NOTE: Fees are not refundable if staff review has begun. Applications/permits
will be automatically cancelled if a check is returned; to re-apply an
applicant must pay the published fee plus the fee for returned checks
established by resolution.
* i'ee covers two reviews. Additional reviews will be billed to the
applicant based on the hourly salary of employees involved in the review, plus
35\ for fringe benefits.
** Credited to Plat Review Fee.
*** Cost of advertising and staff time will be billed to applicant based
on hourly salaries plus 3S\ for fringe benefits.
**** Actual cost of postage will be due from applicant.
...ol~C1oD .0. .'5~.S. Ap~11 11, 1'" .VB.DC .. .'~D."'I.'S
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent 1. Kastarlak, NCARB
Director
Building
Planning &: Zoning
Engineering
Occupational License
Community Redevelopment
September 18, 1998
Department of Community Affairs
Bureau of State Planning
Plan Processing Section
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
RE: Transmittal of Adopted Comprehensive Plan Amendments - 98-1
Item #1-First Baptist Church of Boynton Beach (LUAR 97-002)
Item #2-Foster Property (LUAR 97-003)
Item #3-Woolbright Place PUD (LUAR 97-004)
To whom this may concern:
Enclosed you will find three (3) copies (individual copies have been simultaneously sent to the Treasure Coast
Regional Planning Council, the FDOT-District Four, the South Florida WMD, and the Department of
Environmental Protection) of the required transmittal documents for three (3), adopted Comprehensive Plan
amendments. Each of these Items consists of only an amendment to the Future Land Use Map of the
Comprehensive Plan. In summary, the adopted amendments are summarized as follows:
Item #1 reclassifies 14.18 acres from Moderate Density Residential to Local Retail Commercial, which
has been removed from an existing Planned Unit Development (see item #3) to allow the development
plans to change from a church/school to a health care campus;
Item #2 reclassifies 23 acres of annexed land from Medium Residential 5 in Palm Beach County to Low
Density Residential to allow for the development of single family homes consistent with the approved
land use designation shown on the Future Land Use Map; and
Item #3 is being processed in concert with Item #1 above, and reclassifies 66.16 acres of primarily
developed land from Moderate uensity Residential to High Density Residential. This amendment is
necessary to offset the impac~ on maximum density caused by the removal of the 14.18-acre tract from
the original Planned Unit Development known as the Woolbright Place Planned Unit Development
(PUD).
The City Commission, which acts as both the local planning agency and governing body, adopted the
amendments described herein on July 21,1998, during a public hearing held subsequent to due public notice.
For advertising purposes, please publish the Notice of Intent within the Palm Beach Post
Furthermore, it should be stated that the other reviewing agencies were provided with the City's entire
Comprehensive Plan and related support documentation on July 6, 1994, and infonned that said documents
America's Gateway to the Gulfst,eam
100 East Boynton Be.ch Blvd" P.O. Box 310 Boynton Be.ch. Florid. 33425-0310 Phone: (561) 742-6260 FAX: (561) 742-6259
February 23, 1998
Propos~d Amendments 98-1
Page 2
would be updated by subsequent amendments. As indicated above, this adopted amendments have been
simultaneously forwarded to the other reviewing agencies.
With respect to the remaining submittal requirements outlined in the amended Rule 9J-11.006, the following
has also been provided for your information;
(a) Please be informed that no changes have been made to the adopted amendments that were not
previously reviewed;
(b) With respect to findings on which the local governing body approved this amendment, please refer to
the report transmitting these amendments in their proposed state, as well as to the responses
provided herein to DCA's Objections, Recommendations, and Comments report (also see
attachment labeled "Additional Traffic Data");
(c) With respect to the relationship of the additional changes not previously reviewed by the Department to
the Objections, Recommendations, and Comments report, as indicated above in item "a", no
changes have been made to the amendments that were not previously reviewed;
(d) All amendments being processed within this amendment cycle have been adopted;
(e) As these amendments only include changes to the Comprehensive Plan Future Land Use Map, no
changes were made to the text of the Comprehensive Plan;
(f) Attached hereto you will find an updated cumulative table of contents documenting all plan
amendments processed subsequent to adoption of the Comprehensive Plan; and
(g) Also included within this package are three (3) copies of the amended Future Land Use Map showing
the adopted plan amendments.
With respect to responses to the Departments Objections, Recommendations, and Comments (ORC) report,
the following has been provided:
Case No.1 (City reference LUAR 97-0021
With respect to public facility analysis, a table and data has been prepared using the City's adopted level of
service standards and operating capacities (please see Attachment" A"). This analysis includes the demand
created by the existing uses, an estimate of the maximum demand created under the new land use category,
and the actual demand that will be created with this project. Also attached is a letter/study from a traffic
consultant that indicates project impacts and confirms roadway capacity including the local street SW 8th
Street
In instances where the demand for services from the proposed project exceeds the existing demand, I.e. water,
sewer, etc" data is provided that indicates service availability to confirm that levels of service are maintained.
Furthermore, although the increased traffic demand is within the City's level of service standards, access and
traffic calming measures have been incorporated into the proposed plan to minimize impacts (such
improvements are conditions of approval-see attachment "B").
Case No.2 (City reference LUAR 97-0031
With respect to timing of annexation, the following information may be helpful in resolving this issue:
February 23, 1998
Proposed Amendments 98-1
'Page 3
1) The Boynton Beach Code of Ordinances requires that land use amendments and rezonings be done
concurrent with the annexation process;
2) Since the ordinance for annexation is ordered prior to the urdinances for land use amendment and
rezoning on the public hearing agenda, technically, annexation occurs prior to the amendment of the
Comprehensive Plan and rezoning of the property; and
3) The City has alwavs processed annexations in this manner without any objections or related comments
from DCA or any other concerned party.
Case No.3 (City reference LUAR 97-003)
A facility analysis table and data has also been assembled for Case No.3 (see Attachment "C"). Please note
that the proposed amendment would allow an increase of 83 dwelling units in addition to the existing units on
the property; however, given that the property has recently been developed with a new apartment complex and
single family homes, it is not likely that the increase in development potential will result in additional units built
portion of the property cannot be further expanded. and the remaining undeveloped portion is undevelopable
due to its narrow configuration and the existence of easements (the city is currently considering condemnation
of this property to facilitate the acquisition and use for an area drainage facility.
With respect to the issue of lack of intensity regulations, the City of Boynton Beach Comprehensive provides
for maximum intensity levels in the City's Code. The Comprehensive Plan references maximum intensity
standards according to the following POlicy 1.16.3:
"Subsequent to Plan adoption, modify the land development regulations to provide that the maximum
floor area ratio in non-residential land use categories shall be limited by the maximum lot coverage, the
maximum height, and the parking, landscaping, and stormwater retention requirements contained in the
City's Code of Ordinances," (Policy 1.16.3)
This provision makes it important to note that the public facilities analysis done by the City for the First Baptist
Church amendment is based on the approved uses and intensities. Determining the mix of uses and
maximum intensities allowable under the Local Retail Commercial designation is not appropriate due to the
fact that the Comprehensive Plan delegates these to site specific Code requirements, To mitigate against
creating a deficiency in the City LOS standards, assure compatibility with the residential neighbors, and to
control traffic on adjacent roadways. the following restrictive intensity standards were made conditions of the
Plan approval (deed restriction, rezoning, and master plan approval) for this project:
. A 34,300 SF, 120 bed nursing home
. A 67,500 SF, 60 bed ClF
. A 39,700 SF, medical office building
. Any uses other than those listed above will require City Commission approval
. Increased landscape buffers, perimeter fencing, and setbacks
. Installation of traffic calming devices on SW 8'h St, as request by the City Engineer
A health care campus would be an appropriate and compatible use for this location, which will also serve as a
suitable buffer between the surrounding residential and commercial uses, Due to the lack of existence of
another designation appropriate for this type of facility, the local Retail Commercial designation was sought,
and approved, subject to the previous conditions. The intensities for this project are set forth in the Master
Plan which was approved simultaneously,
February 23, 1998
f;'roposed Amendments 98-1
Page 4
Other responses which may or may not be addressed under Case No.1 or Case No.3
1) With respect to comments regarding creating a new land use classification, the City does not sense the
need to create a new classification just for this proposal. With respect to magnitude of supply of land for
retail uses, any change in the uses to uses typical within the Local Retelil Commercial classification, a
review by the City would be required, which would ensure continued compliance with the Comprehensive
Plan and concurrency requirements.
2) With respect to the lack of investigation into archeological or historic resources, the City has prepared and
recorded with the State Division of Historical Resources, an official inventory of historic sites and buildings
(available upon request); no historic resources were identified within the areas subject to the proposed
amendments. Also, the Comprehensive Plan, in order to ensure proper identification and preservation of
resources, requires action to be taken when archeological resources are identified during site clearing or
development (Policy 1.11.10).
3) With respect to conversion of the City's Traffic Circulation Element to a Transportation Element, as required
as part of the Evaluation and Appraisal Report (EAR) process, this conversion will occur as planned by the
October 1, 1998 deadline (as approved by the DCA through a six-month extension).
With respect to submittal of an amended Future Land Use Map, the City does not amend the original mylar
map until after adoption of the proposed amendment. Staff has always assumed that an excerpt from the map
clearly showing the proposed change was adequate for the proposed amendment submittal.
If you have any questions concerning this amendment package, please do not hesitate to contact this office.
Very Truly Yours,
/yu.v ~
Michael W. Rumpf
Acting Director of Planning and Zoning
MR
Enclosures
S:\Planning\SHARED\VVP\SPECPROJ\COMP PLAN\Project Amendmeots\98-1.d0c\98-1 DCALET.doc
ADDITIONAL TRAFFIC DATA
~Cr-iQ-O~ WC~ jL'~O r,'J
SEP-14-1998 11'34
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~IMMONS & WHITE, INC.
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Unruh, Smithl.*d A..ociete.
105 ~. Narci~afG Avenue, $~it. 503
Wen, PalM Be,cf' Plorida 33401
. I
Attention I ! I HZ'. Chril Kerr
Re: , ,FUture Land Use
I !Non-BAIt Baeed b\Q~nt (11118-1)
! I First Baptist Church of Boynton Beach (LUAR 97-002)
, I
Dear Mr. Ken<: I
! I
The purPose io~ this letter 1. to rupond to the Diiltl:"ict 4,
D"partl1lflint b1 Transportation objection and recomm"ndation
concern~g tije traffic impact of the propoeed project on 1-95.
The D.P~tn9~t B recommendation i. as follows:
UC:O~TION: Analyze the level of service (LOS) on I-
lls :With~' without the propoeed all'endment. Check the
19S9 C rehensive Plan to compare whether the lOt
indreas rom 1989 has been exceeded. If the project
nBgativ 1 impacte 1-95 and the lOt increase has been
exq.ede . mitigation should be discussed.
I
The . ini~ial II~.P in the requested lUIAlysi. ill to dwtlarmine the
incre..e in ~r~ffic generation due to the l:"eqYe8ted chang a in the
parcel'. 1.P4 pee deeigftatio~.
: I,
Tne ind'easei ~n daily traftic generation may be de1;e~ined by
taki.rt9 ~.he d1 .erence between the total traffic generated by the
most in~en.1~e land use under both the proposed and exiBtinv land
use deatgnat 0 ao
.' I
: I I
The exis~ing ~nc1 \,I8e de.ignation b fIIll, MwcJium Density Reeidential
which allows, maximum dsvelopment iDt.naity of 7.25 residefttia1
unit. ~r aci. Based on the project area of 14.18 acree and .
tdp g.~erat n rate of 7 trips per day per D.U., the maximum
traffic :gene a ion for the property under the KR desiIJnation is 721
trips am folt SI
, ,
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1~~1' .erj. x 7.2~ D.U.8
. A.cre
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10~ D.U;S! ~ 7 tnd
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41523 Fo~ei't Hill Boulevard. Suite 112. w..t Palm Beach, florid. 33415
I hl.phone (551) 95S.Q144' F.. (561) 8e5-0928
! I
Engllleers . Planner. . Consultants
September 14. 1998
.,
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SEF-14-1998 11'34
~lMMONS t ~ITE, :NC.
Mr. Chrie
S.pt~lNl~
i998 ~ Page Two
I
The :tral!f1c d be generated. :by the proposed facility Wldn tile
requested L ci (Looal R.t~il CommerCial) deeignation may be
calculat;ed:l. accordance with loeal traUic generation rata51
aeeepte4 by h Palm Beach County Engineering Traffic Division,
12 ~ bed ~ 2 , tDd
, bed . 312 tpd
I
j I tnd)
1.elllf StlPrsser-By (16
i I 296 tpd
co lVI ILITY
60 "bec:le 'l'lC 2.145 tad
beeS
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MKDlCALOFFI~(3t.~:~ :.:.1
. 39.i700 JJ. x 34.17 t'Dcl
I I 1000 S.F. ..
I I
Le.. S'IP~.ser'Dy
; .
I .
I :
i ! TOTAL -
The maximum jcrease in daily traffic generation due to the
request~d c n e in the parcel'a land use deaignation is 993 tpd
calcula~ed a allows.
, 17 4 tpd (PropOS'd) - 721 tpd (CUrrent) . 993 tpd
,
The increase i3 trafUc of 993 tpd has been a8lligned to the roadway
network' baa d on the existin9 and propolled geometry of the
lOurrounqing r adways, a review of the ex1atil\g and propo.ed
d.v.lo~Dt 1mproVel1leRts iR the area, as well a. hiatoricd
travel ~atte 8 associ.eed with the requested land use. It is
aS8umed:that ivers coming from or heading to the north on 1-9S
will travel n S.W. 8th Street from/to the north to Boynton Beach
Blvd. V1Kew~8', drivers coming from or heading to the south on 1-
9S will 'trav~li on S.W. 8th Street from/to the south to Woolbright
Road. Very liitle :I.f .my traffic generated by tM aUbject parcel
18 aDtJ.~ipat<e to travel on 1-9S between Woolbright Road and
Boynton Beaclia lvd. It ia contrary to typical dri'ving patterns to
travel north~: n S.W. 8th streot to Boynton Beach Blvd. and then
proeeec:l to "be ktrack" on 1-95 to the south. The same is true in
reveree; i.e. eading Bouth on S.w. 8th Street to Woolbright Road
and then heil.di q north on 1-95. Thll following project diltribution
on 1-9S.11 t e!ore assumed:
I
I I
II
.
129 tpd
1357 tpd
( liS tod)
1289 tpd
.
1714 tpd
~tr-jO-~O l'IW le,co rn
SEP-14-1998 11'35
Jl'1ltUM, ~n 11 H~H~~l,ld H, L~ C fiX NU, 00 j bobobeb
SI1't10NS Il. ""IT!;;, INC,
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P.04
Mr. Chri.
Sep~embeir
II
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Ke'1'I
14 r ~998
, ,
.
- Page Three
l.::n
" ASSIGNMENT
TIlIPS PER Dl\Y
i
North of BOY!ttcn aeach Blvd. 10'11 99
Boyqton iseaeij ~lvd. to Woolbright 5'11 50
S1o~tb ol; WOQ~i;>r' iSht Rd. 10\ 99
TheaQopted ~ e1 at Service "0' Btandard for & 6-1ane expressway
ill 100,6;00 tpji The existing 1997/1998 A.\l)T volume provided by the
Fal", Beach c04; ty Metropolitan FlaMing organization ia 154,110 tpd
b.t~'n 'Boynw:o Beaah alveS. and 1II00lbriiht ROlld. 159.092 tpd north
of Boyn~on B h Blvd. and L46,501 tpd 80uth of wool~r1ght Road.
The followin~ ~l. outlines the project impact .. a percent of the
Level of Serr! e Standard as well aa the llX!liItLni volume:
I
~ : i '" ASSIGNMBN'l' \ ASSIGNMENT
, 'r' or L.O.S. 'D" 0' EXISTING
; STANDARD VOLUME
North of lIo~t~n Beach Blvd. 0.10\ 0.06'11
Boynton 'leioC: IlVli. to Woolbright 0.05\ 0.03\
SQuth Q1! Woo b igh!: ltd. 0.10\ 0.0"
It b aseume !the 10' incl'eue from 1989 hu been exceeded. The
our1'ent 'AADTJ lUllle8 c>n 1-95 are in exe... of 10\ gJ:'eater than the
AADT voliumell i the 1989 time period.
Beca.ulle;Che r posed Land U.II Plan Amendment will impact 1-'5 with
onl~ 0.0.5' t .10' of the link'. ~vel ot Service "n" c.pac1t~, no
mit~gatfon i, I'opoeed as .. result ot this Petition. If you have
any question! I' comment. conoe~ing the above. please call.
I Sincerely,
I
,
I
Ren4EbltUm ,:'~ P, ~~ '
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ORDINANCES
R'Y
m~@~uw'
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PlAN'%~G ",'iD
lOIl'~G "EPT
II
C~7
ORDINANCE NO, 09B-,1~
II
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
-FLORIDA, REGARDING 14,18 ACRES OF
LAND OWNED BY THE FIRST BAPTIST
CHURCH OF BOYNTON BEACH, FLORIDA;
AMENDING ORDINANCE 89-38 OF SAID CITY
BY AMENDING THE FUTURE LAND USE
ELEMENT OF THE COMPREHENS IVE PLAN OF
THE CITY BY ADOPTING THE PROPER LAND
USE OF CERTAIN PROPERTY, MORE
PARTICULARLY DESCRIBED HEREINAFTER;
SAID LAND USE DESIGNATION IS BEING
CHANGED FROM MODERATE DENSITY
RESIDENTIAL TO LOCAL RETAIL
COMMERCIAL DEVELOPMENT (PCD) ;
PROVIDING FOR CONFLICTS, SEVERABILITY
AND AN EFFECTIVE DATE.
II
ii
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,
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WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted a Comprehensive Future Land
i Use Plan and as part of said Plan a Future Land Use
:i
,I
'Element by Ordinance No. 89-38 in accordance with the
,I
Local Government Comprehensive Planning Act; and
WHEREAS, the procedure for amendment of a Future
i i Land Use Element of a Comprehensive Plan as set forth in
:1
"
Chapter 163, Florida Statutes, has been followed; and
WHEREAS, after public hearing and study, the City
Commission deems it in the best interest of the
inhabitants of said City to amend the aforesaid Element
of the Comprehensive Plan as adopted by the City herein.
i:
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NOW,
THEREFORE,
BE
IT ORDAINED BY THE
CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Ordinance No. 89-38 of the City is
hereby amended to reflect the following:
That the Future Land Use of the following described
land shall be designated as Local Retail Commercial.
Said land is more particularly described as follows:
.1
"
:1
Tract F, Woolbright Place Plat No.
1,
as
47
of
according to the
recorded in Plat
through 49 in the
Palm Beach County,
Plat thereof
Book 67, page
Public Records
Florida.
'.
ii
"
!
Section 2:
That any maps adopted in accordance wi th
the Future Land Use Element shall be amended accordingly.
Sect ion 3:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
,
'I
,
Sect; on 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 5, This effective date of this Ordinance shall
be the date a final order is issued by the Department of
Community Affairs finding this amendment to be in compliance
in accordance with Chapter 163. 3 ~84, F. S.; or the date a
$Y
. ~")~
c
, final order is issued by the Administration Commission
"
finding this amendment to be in compliance in accordance
with Chapter l63.3lB4, F.S.
The notice of compliance
becomes a final order 21 days following the issuance of the
notice of compliance if during the 2l-day period no
, petitions are filed challenging the amendment. Once issued,
I,
,
:i
the Notice of Intent shall be attached hereto as Exhibit
"AU and made a part of this Ordinance by reference.
FIRST READING this "7
day of July, 1998.
SECOND, FINAL READING and PASSAGE this
~/ day of
~~~
, 1998.
CITY OF BOYNTON BEACH, FLORIDA
A~Y~
Ma~6r . .' ,
:)_.;..(. k~~-<....
M yor Pro Tern
dl2J
~ssioner
~lu LU I ~U{a fWfA
Commissioner
I ATTEST:
~~~~..~...
Ci Y Cl,erJ<'''111111
C"" . 't"l;~'I1J:;,
(o.;p~otil...~... ~ ~
s ,ca:f \ ",';.."o<i4Jn.-.1~ ~urch Lana Use
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t
ORDINANCE NO. 09B-~8
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
. FLORIDA, REGARDING 23.4 ACRES OF LAND
OWNED BY ROLAND E. FOSTER AND CElLA
M. FOSTER; AMENDING ORDINANCE B9-38
OF SAID CITY BY AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE
PLAN OF THE CITY BY ADOPTING THE
PROPER LAND USE OF CERTAIN PROPERTY,
MORE PARTICULARLY DESCRIBED
HEREINAFTER; SAID LAND USE
DESIGNATION IS BEING CHANGED FROM MR-
5 IN PALM BEACH COUNTY TO LOW DENSITY
RESIDENTIAL; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted a Comprehensive Future Land
Use Plan and as part of said Plan a Future Land Use
Element by Ordinance No. 89-38 in accordance with the
:' Local Government Comprehensive Planning Act; and
WHEREAS. the procedure for amendment of a Future
Land Use Element of a Comprehensive Plan as set forth in
Chapter 163, Florida Statutes, has been followed; and
WHEREAS. after public hearing and study, the City
Commission deems it in the best interest of the
inhabitants of said City to amend the aforesaid Element
of the Comprehensive Plan as adopted by the City herein.
NOW.
THEREFORE.
BE IT ORDAINED BY THE CITY
I
I
I
I
i
I
I
,
d-J-
. j4,e
C/'
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1:
Ordinance No. 89-38 of the City
is
hereby amended to reflect the following:
That the Future Land Use of the following described
land shall be designated as Low Density Residential.
Said land is more particularly described as follows:
"
.,
Ii
II
i.
The West 2/3 of the South ~ of the
East ~ of the Northeast ~ of the
Southwest ~ and the West 2/3 of the
East ~ of the Southeast ~ of the
Southwest ~ of Section 7, Township 45
South, Range 43 East; said lands
situate, lying and being in Palm
Beach County, Florida, LESS the South
40 feet thereof.
;1
'!
Section 2:
That any maps adopted in accordance with
the Future Land Use Element shall be amended accordingly.
Section 3:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 5: This effective date of this Ordinance shall
be the date a final order is issued by the Department of
Community Affairs finding this amendment to be in compliance
~)
. . 8'
. .,\ '-,
[J'
in accordance with Chapter 163.3184, F. S.; or the date a
i:
!!
Ii final order is issued by the Administration Commission
'I finding -this amendment to b(; in compliance in accordance
with Chapter 163.3184, F.S.
The notice of compliance
becomes a final order 21 days following the issuance of the
notice of compliance if during the 2l-day period no
petitions are filed challenging the amendment. Once issued,
the Notice of Intent shall be attached hereto as Exhibit
"AU and made a part of this Ordinance by reference.
FIRST READING this
~ day of July, 199B.
SECOND, FINAL READING and PASSAGE this
...:?/ day of
~f'
, 1998.
CITY OF BOYNTON BEACH, FLORIDA
M{~Yj~~
... 1<
\ 'O_teL I;: ~{....
or Pro Tern
d- )/ L
C~ssio~er
VvLW ~ (J Lcj.,v--
Commissioner
Ci ~\\\~~ 1111111/,
(~~a.t.~O"r3 ~)
! 0 ....o~OA.1~~
U:Co,lo.4(Po8ter _
:: >- i- J';:
=-. %=
- (,) \ -
% \ 1920 i
~.. ~
~ .............. ~
"""'" "'(0 RIO'" ,~
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11-7
ORDINANCE NO. 098-;i~
00
rc (iU R n rr r, .
U; LIn L' ~ "
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
. FLORIDA, REGARDING 66.16 ACRES OF
LAND KNOWN AS WOOLBRIGHT PLACE PUD;
AMENDING ORDINANCE 89-38 OF SAID CITY
BY AMENDING THE FUTURE LAND USE
ELEMENT OF THE COMPREHENS IVE PLAN OF
THE CITY BY ADOPTING THE PROPER LAND
USE OF CERTAIN PROPERTY, MORE
PARTICULARLY DESCRIBED HEREINAFTER;
SAID LAND USE DESIGNATION IS BEING
CHANGED FROM MODERATE DENSITY
RESIDENTIAL TO HIGH DENSITY
RESIDENTIAL; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
PLANNING M;r;
ZONING o,r;
I
"
WHEREAS, the City Commission of the City of Boynton
;:
:i
Beach, Florida has adopted a Comprehensive Future Land
Use Plan and as part of said Plan a Future Land Use
Element by Ordinance No. 89-38 in accordance with the
Local Government Comprehensive Planning Act; and
WHEREAS, the procedure for amendment of a Future
Land Use Element of a Comprehensive Plan as set forth in
Chapter 163, Florida Statutes, has. been followed; and
WHEREAS, after public hearing and study, the City
Commission deems it in the best interest of the
inhabitants of said City to amend the aforesaid Element
of the Comprehensive Plan as adopted by the City herein.
NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY
41)
;l,si
c/'
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section l'
Ordinance No. 89-38 of the City is
hereby amended to reflect the following:
That the Future Land Use of the following described
land shall be designated as High Density Residential.
Said land is more particularly described as follows:
:'
Woolbright place Plat 1, according to
the Plat thereof as recorded in Plat
Book 67, pages 47 through 49 in the
Public Records of Palm Beach County,
Florida, Florida less Tract F, a
total of 14.18 acres; and less 30
feet of the original 80 foot right-
of-way, transferred from Woolbright
place PUD to Woolbright Place PCD, a
total of 33,9000 square feet. Said
lands lying and situate in Palm Beach
County, Florida, containig 66.16
acres.
"
'.
"
il
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Sect ion 2:
That any maps adopted in accordance with
the Future Land Use Element shall be amended accordingly.
"
"
Section 3:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4:
Should any section or provi,'"ion of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 5, This effective date of this Ordinance shall
be the date a final order is issued by the Department of
.'. . .~'7f;,
c/"
Jf'!J
Community Affairs finding this amendment to be in compliance
in accordance with Chapter 163.3184, F.S.; or the date a
final order is issued by the Administration Commission
finding this amendment to be in compliance in accordance
with Chapter 163.3184, F.S.
The notice of compliance
becomes a final order 21 days following the issuance of the
notice of compliance if during the 2l-day period no
II
:i petitions are filed challenging the amendment.
I
Once issued,
the Notice of Intent shall be attached. hereto as Exhibit
i .. A"
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and made a part of this. Ordinance by reference.
FIRST READING this
7
day of July, 1998.
SECOND,
FINAL READING and PASSAGE this
Q?/
day of
--
~.AI~V
, 1998.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
( "~.'
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Commissioner
CUMULATIVE TABLE OF CONTENTS
OF AMENDMENTS TO PLAN
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A TT ACHMENT "A"
CASE #1 - DATA TABLE
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Ol/ZO 'd "9S9SB!., 'OIl 1\\1:1 S3J.~1:llSS\l~rlE.J2 'rJ1/JNll ~d II :10 NO~ 86-1Hn~
January 31, 1997
1~1~
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PLANNIrIG AND
ZONING DEPT.
\ Ol R P,RT\ER FO,,'
,OUD II .,STE SOLnl()~S
Ms. Tambri Heyden
Planning and Zoning Director
City of Boynton Beach
P.O, Box 310
Boynton Beach, FL 33425-0310
Subject: Availability of Solid Waste Disposal Capacity
Dear Ms, Heyden:
The Solid Waste Authority of Palm Beach County hereby provides certification
that the Authority has disposal capacity available to accommodate the solid waste generation for
the municipalities and unincorporated county for the coming year. This letter also constitutes
notification of sufficient capacity for concurrency management and comprehensive planning
purposes, Capacity is available for both the coming year, and the five and ten year planning
periods specified in 9J-5,005(4),
As of September 30, 1996, the Authority's North County Landfills had an estimated
36,900,000 cubic yards of landfill capacity remaining. Based upon the existing Palm Beach
County population, the most recently available population growth rates published by the
University of Florida Bureau of Economic and Business and Research (BEBR), and projected
rates of solid waste generation, waste reduction and recycling, the Solid Waste Authority
forecasts that landfill capacity will be available through the year 2022.
The Authority continues to pursue options to increase the life of its existing facilities and to
provide for all the County's current and future disposal and recycling needs. As part of its
responsibility, the Authority will provide an annual statement of disposal capacity, using the
most current BEBR projections available.
If you have any questions or I can be of furtlIer assistance, please do not hesitate to contact
me,
Mo..'~"-- L~^~
Mar~. Bruner, Ph.D.
Director of Planning and Environmental Programs
7501 North Jog Road. West Palm Beach. Florida 33412 (407) 640.4000 FAX 6BH067
ATTACHMENT "B"
CONDITIONS OF APPROVAL
DEVELOPMENT ORDER
('-'TV OF BOYNTON BEACH, FLORI~
PROJECT NAME: First Baptist Church of Boynton Beach
APPLICANT: First Baptist Church of Boynton Beach
APPLICANT'S AGENT: Ellen Smith
APPLICANT'S ADDRESS: 105 S. Narcissus Avenue, Suite 503, West Palm Bear.h, FL 33401
DATE OF HEARING BEFORE CITY COMMISSION: January 20,1998
TYPE OF RELIEF SOUGHT: Land Use Amendment/Rezoning
LOCATION OF PROPERTY: Y. 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 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
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:ISHRDATA\PlanningISHAREDlWPlProjeclslFirsl Baptist Church of BBILUARIDEVELOPMENT ORDER.doc
EXHIBIT "B"
Conditions of Aooroval
Project name: First Baptist Church of Boynton Beach
File number: LUAR 97-002
Reference: The plans consist of 3 sheets identified as 2nd Review. Land Use Amendment/Rezoning. File
#LUAR 97-002 with a November 25 1997 Planning and Zoning Department date stamp marking
.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments:
L Dumpster locations are not adequa1e. Locations must remain X
unobstructed and easily accessible by Public Works yehicles. Include
detail drawing for dumpster enclosures on Master Plan.
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
2. Changing of Tract F from PUD to PCD requires as a next step in this X
process, platting in accordance with LDR Chapter 2, Section 6.F.12.
3. Each facility shall have the appropriate number of handicap parking X
spaces per the latest edition of the Florida Accessibility Code.
4. Show the total number of parking spaces provided under the "Parking X
Chart" .
5. Under the "Notes" heading, add to the comment referencing re-routing X
the FPL power lines, the following: All existing utility easements not
needed shall be abandoned and all new easements required shall be
shown on the master plan and plat.
6. Obtain a 20 foot drainage easement for the drainage pipe from the lake X
across the Palm Beach Leisureville property and relocate the existing 20
foot drainage easement within the project to fall within the center of the
existing 30" R.C P.
7. Provide a master storm water management plan outlining the primary X
and secondary drainage and stormwater facilities needed for the
development. [LDR Chapter 3, Article IV, Section 3.T.]
Page 2
First Baptist Church of Boynton Beach
File No. LUAR 97-002
DEPARTMENTS INCLUDE REJECT
8. Provide a set of "typical" dimensions for the parking lot areas to show X
the parking stall lengths and the minimum backup distance as specified
in Standard Drawing B-90013.
BUILDING DIVISION
Comments:
9. Add to the master plan and paving and drainage plan notes, symbols and X
dimensions that will represent the location and width of at least one
accessible route that is required from the abutting public slreet to an
accessible building and/or each tenant space entrance for all three
buildings. [Florida Accessibility Code for Building Construction, Section
4.3, Accessible Route]
10. Add to the master plan and paving and drainage plan notes, symbols and X
dimensions that will represent the location and width of the accessible
route 1hat is required from the access aisles located at each accessible
parking space to an accessible building and/or each tenant space
entrance. [Florida accessibility Code for Building Construction, Section
4.6, Parking and Passenger Loading Zones]
II. Place a note on the paving and drainage plan indicating that the site is X
designed in compliance with the Florida Accessibility Code for Building
Construction.
12. The master plan shows the footprint ofthe medical office building within X
the water management easement and the footprint of the C.LF. building
within a FPL easement. Relocate the buildings or extinguish the
easements. Note the footprint of the nursing home appears to abut the
FPL easement. Building overhangs are not allowed within an easement.
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
13. On the master plan provide information regarding the location, size and X
availability of utili1ies for the proposed complex (LOR, Chapter 3, Art
IV. Sec. 3.P)
14. In order to conform to landscape regulations, indicate on the master plan X
. Page 3
First Baptist Church of Boynton Beach
File No. LUAR 97-002
DEPARTMENTS INCLUDE REJECT
that a 40 foot spacing for the proposed buffer IS the maximum, not
"typical".
IS. It is recommended that design of the landscape buffer along SW 8th X
Street be consistent wi1h the Land Development Regulations yet
coordina1ed with the design of the Cracker Barrel buffer with respect to
proposed species, spacing and configuration.
16. Maintain affiliation with the Woolbright Place Master Association in X
fulfillmen1 of original obligations to collectively support the master
drainage and landscaping facili1ies within the Woolbright Place PUD.
17. Provide a unity of control document as required by the Land X
Development Regulations.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
18. None. X
ADDITIONAL CITY COMMISSION CONDITIONS
19. The proposed 67,500 medical office building will be reduced to 39,700 X
square feet This reduction is not required by the traffic circulation
element of the City Comprehensiye Plan to maintain level of service "C"
on SW 8th Street Rather, it is proposed to reduce total project traffic.
20. A deed restriction will be recorded in the official land records limiting X
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.
21. Prior to the occupancy of any building on-site, the owner of the property X
will install traffic calming devices along the two-lane portion of SW 8th
Street, as approved by the City Engineer.
22. The City shall penn it no other uses of the property other than those X
described in Item 20 aboye without City Commission approval.
23. Ifthe building penni1 or land development penn it is not obtained within X
an 18 month, the zoning would revert back.
24. City staff would look into limiting truck traffic on SW 8th Street. X
/dim
J:\SHRDATA\PLANNING\SHARED\'vVP\PROJECTS\F1RST BAPTIST CHURCH OF BB\LUAR-REZN\COND. OF APPROVAl CC MTG '-20-98_00C
A TT ACHMENT "COO
CASE #3 - DATA TABLE
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DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Buten! I. Kastarlak, NCARS
Director
Building
Planning '* Zoninj
Engineering
Occupadonal License
Community Redevelopment
September 16, 1998
Mr. Michael Busha, Executive Director
Treasure Coast RPC
Post Office Box 1529
Palm City, Florida 34990
RE: Transmittal of Adopted Comprehensive Plan Amendments - 98-1
Item #1-First Baptist Church of Boynton Beach (LUAR 97-002)
Item #2-Foster Property (LUAR 97-003)
Item #3-Woolbright Place PUD (LUAR 97-004)
Dear Mr. Busha:
Accompanying this letter you will find the City's cover letter and related support documentation
as provided to the Florida Department of Community Affairs which transmits the above-
referenced amendments including the City's response to the Department's Objections,
Recommendations, and Comments report.
You will recall receiving within a previous amendment package (93-S3, December 14, 1993) our
entire Comprehensive Plan and Future Land Use Support Document, Section VIII. Land Use
Problems and Opportunities. It is my understanding that these documents will be kept current
by inserting subsequent amendments. However, please be advised that these adopted
amendments only affect the City's Comprehensive Plan Future Land Use Map, and that no
changes are proposed for any goal, objective, or policy, or to Section VIII. Land Use and
Opportunities of the Future Land Use Support Document As these amendments are now
adopted, the City's Map is amended and forwarded to you for your records.
The transmittal letters should provide you with all the necessary information; however, if you
have questions or are in need of additional information, please contact this office.
Very truly yours,
~! --w. 7<r'-
Michael W. Rumpf
Acting Director of Planning and Zoning
MWRdim
Enclosures
J:\SHROATA\Planning\SHARED\\IIJP\SPECPROJ\COMP PLAN\Project Amendmenls\98-1 ,doc\98-1 RPe ORD.doc
America's Gateway to the Gulfst,eam
100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375~260 FAX: (561) 375-6259
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent I. Kastar/aJc, NCARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
September 16, 1998
Mr. John Outland
Plan Review Sect, Rm. 914B
Dept of Environmental Protection
3900 Commonwealth Boulevard
Tallahassee, Florida 32303
RE: Transmittal of Adopted Comprehensive Plan Amendments - 98-1
Item #1-First Baptist Church of Boynton Beach (LUAR 97-002)
Item #2-Foster Property (LUAR 97-003)
Item #3-Woolbright Place PUD (LUAR 97-004)
Dear ML Outland:
Accompanying this letter you will find the City's cover letter and related support documentation
as provided to the Florida Department of Community Affairs which transmits the above-
referenced amendments including the City's responses to the Department's Objections,
Recommendations, and Comments for three (3), adopted Plan amendments.
You will recall receiving within a previOUS amendment package (93-S3, December 14,1993) our
entire Comprehensive Plan and Future Land Use Support Document, Section VIII. Land Use
Problems and Opportunities. It is my understanding that these documents will be kept current
by inserting subsequent amendments. However, please be advised that these adopted
amendments only affect the City's Comprehensive Plan Future Land Use Map, and that no
changes are proposed for any goal, objective, or policy, or to Section VIII. Land Use and
Opportunities of the Future Land Use Support Document As these amendments are now
adopted, the City's Map is amended and forwarded to you for your records.
The transmittal letters should provide you with all the necessary information; however, if you
have questions or are in need of additional informatioll, please contact this office.
Very truly yours,
'Jt-u. z--: ~
Michael W. Rumpf
Acting Director of Planning and Zoning
MWR:dim
Enclosures
J:\SHRDATA\Planning\SHARED\VVP\SPECPROJ\COMP PLAN\Project Amendments\9B-1 ,00C\98-1 OEP ORC.doc
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent I. Kastarlak. NeARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Community Redeveloptni!nt
September 16, 1998
Mr. Samuel E. Poole III, Executive Director
SFWMD
Post Office Box 24680
West Palm Beach, Florida 33416-4680
RE: Transmittal of Adopted Comprehensive Plan Amendments - 98-1
Item #1-First Baptist Church of Boynton Beach (LUAR 97-002)
Item #2-Foster Property (LUAR 97-003)
Item #3-Woolbright Place PUD (LUAR 97-004)
Dear Mr. Poole:
Accompanying this letter you will find the City's cover letter and related support documentation
as provided to the Florida Department of Community Affairs which transmits the above-
referenced amendments including the City's response to the Department's Objections,
Recommendations, and Comments for three (3), adopted Plan amendments.
You will recall receiving within a previous amendment package (93-S3, December 14,1993) our
entire Comprehensive Plan and Future land Use Support Document, Section VIII. Land Use
Problems and Opportunities. It is my understanding that these documents will be kept current
by inserting subsequent amendments. However, please be advised that these adopted
amendments only affect the City's Comprehensive Plan Future land Use Map, and that no
changes are proposed for any goal, objective, or policy, or to Section VIII. land Use and
Opportunities of the Future Land Use Support Document. As these amendments are now
adopted, the City's Map is amended and forwarded to you for your records.
The transmittal letters should provide you with all the necessary information; however, if you
have questions or are in need of additional information, please contact this office.
Very truly yours,
~ .6.. 7"cp?-
Michael W. Rumpf
Acting Director of Planning and Zoning
MWRdim
Enclosures
J:\SHRDATA\Planning\sHAREO\WP\SPECPROJ\COMP PLAN\Project Ameodments\98-1.d0c\98-1 WMD ORC.doc
Ame,ica's Gateway to the Gulfslteam
100 Ea.t Boynton B.ach Blvd.. P.O. Box 310 Boynton B.ach. Florida 33425-0310 Phon.: (561) 375-6260 FAX: (561) 375-6259
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent 1. Kastarlak, NeARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
September 16,1998
Mr. Joseph Yesbeck
FDOT District Four
3400 West Commercial Boulevard
Ft. Lauderdale, Florida 33309-3421
RE: Transmittal of Adopted Comprehensive Plan Amendments - 98-1
Item #1-First Baptist Church of Boynton Beach (LUAR 97-002)
Item #2-Foster Property (LUAR 97-003)
Item #3-Woolbright Place PUD (LUAR 97-004)
Dear Mr. Yes beck:
Accompanying this letter you will find the City's cover letter and related support documentation
as provided to the Florida Department of Community Affairs which transmits the above-
referenced amendments including the City's response to the Department's Objections,
Recommendations, and Comments for three (3), adopted Plan amendments.
You will recall receiving within a previous amendment package (93-S3, December 14, 1993) our
entire Comprehensive Plan and Future Land Use Support Document, Section VIII. Land Use
Problems and Opportunities. It is my understanding that these documents will be kept current
by inserting subsequent amendments. However, please be advised that these adopted
amendments only affect the City's Comprehensive Plan Future Land Use Map, and that no
changes are proposed for any goal, objective, or policy, or to Section VIII. Land Use and
Opportunities of the Future Land Use Support Document. As these amendments are now
adopted, the City's Map is amended and forwarded to you for your records.
The transmittal letters should provide you with all the necessary information; however, if you
have questions or are in need of additional information, please contact this office.
Very truly yours,
~6.t~
Michael W Rumpf
Acting Director of Planning and Zoning
MWRdim
Enclosures
J:\SHRDATA\Planning\SHAREDWVP\SPECPROJ\COMP PLAN\Project Amendmenls\98-1 ,d0c\98-1 DOT ORC.doc
Ame,ica's Gateway to the Gulfstream
100 East Boynton Beacb Blvd., P.O. Box 310 Boynton Beacb. Florida 33425-0310 Pbone: (561) 375-6260 FAX: (561) 375-6259
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent J. Kastar/ak, NCARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
July 30, 1998
Ms. Ellen Smith
Unruh-Smith & Associates
105 S. Narcissus Avenue
Suite 503
West Palm Beach, FL 33401
Re: First Baptist Church of Boynton Beach Land Use Amendment and
Rezoning (LUAR 97-002)
Woolbright Place PUD Master Plan Modification (MPMD 97-006)
Woolbright Place PUD Land Use Amendment (LUAE 97-004)
Location:
Yo mile east of S.W. 81h Street and Woolbright Road on the east side of
S.W. 81h Street
Dear Ms. Smith:
Enclosed is the City of Boynton Beach Commission's June 2, 1998 adoption of
ordinances no. 098-24, 098-25 and 098-26, regarding the above property.
Should you have any questions regarding this matter, please feel free to contact this
office at (561) 375-6260.
Sincerely,
7"--"(- 7~
Michael W Rumpf
Acting Planning and Zoning Director
MWR:mjm
Enclosure
xc: Central File
(S:\Shrdata\Planning\Shared\Wp\Projects\Hamptons at Boynton Beach\Nwsp\Dev Order letter.doc)
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
ORDINANCE NO. 098-;i~
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
-FLORIDA, REGARDING 66.16 ACRES OF
LAND KNOWN AS WOOLBRIGHT PLACE PUD;
AMENDING ORDINANCE 89-38 OF SAID CITY
BY AMENDING THE FUTURE LAND USE
ELEMENT OF THE COMPREHENSIVE PLAN OF
THE CITY BY ADOPTING THE PROPER LAND
USE OF CERTAIN PROPERTY, MORE
PARTICULARLY DESCRIBED HEREINAFTER;
SAID LAND USE DESIGNATION IS BEING
CHANGED FROM MODERATE DENSITY
RESIDENTIAL TO HIGH DENSITY
RESIDENTIAL; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
00 rn ~ ~ 'I!J ~ ~'
I;,!
n fi 2 8 1998 If
" .)
'i
~(:j PLANNING AND
ZONING OEPT
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted a Comprehensive Future Land
Use Plan and as part of said Plan a Future Land Use
Element
by Ordinance No.
in accordance
89-38
!
i:
,
Local Government Comprehensive Planning Act; and
wi th the
WHEREAS, the procedure for amendment of a Future
Land Use Element of a Comprehensive Plan as set forth in
Chapter 163, Florida Statutes, has_been followed; and
WHEREAS, after public hearing and study, the City
Commission deems it in the best interest of the
inhabitants of said City to amend the aforesaid Element
of the Comprehensive Plan as adopted by the City herein.
NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY
i!
,
"
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1:
Ordinance No. 89-38 of the City is
hereby amended to reflect the following:
That the Future Land Use of the following described
land shall be designated as High Density Residential.
Said land is more particularly described as follows:
Woolbright Place Plat 1, according to
the Plat thereof as recorded in Plat
Book 67, pages 47 through 49 in the
Publ ic Records of Palm Beach County,
Florida, Florida less Tract F, a
total of 14.18 acres; and less 30
feet of the original BO foot right-
of-way, transferred from Woolbright
Place PUD to Woolbright Place PCD, a
total of 33,9000 square feet. Said
lands lying and situate in Palm Beach
County, Florida, containig 66.16
acres.
Section 2:
That any maps adopted in accordance with
the Future Land Use Element shall be amended accordingly.
Section 3:
All ordinances or parts of ordinance& in
conflict herewith are hereby repealed.
Section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
'competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 5, This effective date of this Ordinance shall
be the date a final order is issued by the Department of
Community Affairs finding this amendment to be in compliance
in accordance with Chapter 163.3184, F.S.; or the date a
final oraer is issued by the Administration Commission
finding this amendment to be in compliance in accordance
with Chapter 163.3184, F.S.
The notice of compliance
becomes a final order 21 days following the issuance of the
notice of compliance if during the 2l-day period no
petitions are filed challenging the amendment. Once issued,
the Notice of Intent shall be attached' hereto as Exhibit
"A" and made a part of this Ordinance by reference.
7 day of July, 199B.
FIRST READING this
SECOND, FINAL READING and PASSAGE this
0:1/ day of
--
vP/V
, 1998.
CITY OF BOYNTON BEACH, FLORIDA
Md~7:~
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May r Pro Tern
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com;p{ssion~r
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~;ST:
~...-'\;""""'~.~"~~.A'" .I
Ci ~;\Illltlktlilil
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s:c~ot{d.\~i.kht:<9gr*e Church Land Use
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ORDINANCE NO. 098~5
00 mow m i~
,t1ii 2 8 1998
PLANNING AND
ZONING DEPT
I!
;i
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
. - REGARDING THE APPLICATION OF THE FIRST
BAPTIST CHURCH OF BOYNTON BEACH
(APPROXIMATELY 14.18 ACRES OF LAND)
AMENDING ORDINANCE 91-70 OF SAID CITY BY
REZONING A CERTAIN TRACT OF LAND MORE
PARTICULARLY DESCRIBED HEREIN, FROM
PLANNED UNIT DEVELOPMENT (PUD) TO
PLANNED COMMERCIAL DEVELOPMENT (PCD);
PROVIDING FOR CONFLICTS, SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida
has adopted Ordinance No. 91-70, in which a Revised Zoning Map was
adopted for said City; and
WHEREAS, Ellen Smith of Unruh, Smith and Associates, Inc., agent
for the First Baptist Church of Boynton Beach, owners of the property more
particularly described hereinafter, has heretofore filed a Petition, pursuant to
Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton
Beach, Florida, for the purpose of rezoning a certain tract of land consisting
of 14.18 acres, said land being more particularly described hereinafter, from
Planned Unit Development (PUD) to Planned Commercial Development
(PCD); and
WHEREAS, the City Commission deems it in the best interests of the
inhabitants of said City to amend the aforesaid Revised Zoning Map as
hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The following described land, located in the City of
Boynton Beach, Florida as set forth as follows:
Tract F, Woolbright Place Plat No.1,
according to the Plat thereof as
recorded in Plat Book 67, page 47
through 49 in the Public Records of
Palm Beach County, Florida.
be and the same is hereby rezoned from Planned Unit Development (PUD) to
Planned Commercial Development (PCD). A location map is attached hereto as
Exhibit "A" and made a part of this Ordinance by reference. Attached as Exhibit
"B" is a copy of the conditions/requirements for this rezoning, which are
incorporated herein.
Section 2: That the aforesaid Revised Zoning Map of the City shall be
amended accordingly.
Section 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any
portion thereof be declared by a court of competent juri~diction to be invalid, such
decision shall not affect the remainder of this Ordinance.
Section 5: This ordinance shall become effective immediately upon
pass ge.
FIRST READING this 7' day of VUGf'
.1998.
SECOND, FINAL READING and PASSAGE this J/ day of ~y
.1998.
CITY OF BOYNTON BEACH, FLORIDA
~/l4Yr~
Mayor ..
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Vice Mayor /
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Ma or Pro Tem
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~issioner
ltLlU-l,0Ull1Jltt I^'"
Commissioner
ATTEST:
~d/.Vh'( ~~nAL_
Ci Clerk
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FIRST BAPTIST CHURCH OF BOYNTON BEACH PCD
LAND USE AMENDMENT AND REZONING
NATlE OF REQUEST:
--.... --
1
"~
.
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 20,1998
Mike Friedland. 330 SE 3rd 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 be.;oming user-friendly.
Julio Rodriauez. 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 PUD 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 PUD (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 acre parcel within the
Woolbright Place PUD to change the existing approved use from a
church to a health care campus
(TABLED FROM CITY COMMISSION MEETING OF 1/6/98)
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. Tonight's focus should be on
that new information. He urged everyone present not to rehash 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 & Associates. 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:
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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 Acuila. 800 SW 1'1 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 concemed with traffic volume.
Bud Meadows. 200 SW 12th 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.
Gary Brennan. attornev with Carlton-Fields. 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
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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 Tayior 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 increase
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 concerns 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 concem with this project is that it came in as a shell. No construction plan
or construction timetable was included. 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 other 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 have 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.
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MEETING MINUTES
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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.
Attomey 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 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.
Attomey 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 3rd 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 Enaineers, explained that there are 1,798 trips of the ~ite.
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
rilEETING MINUTES
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JANUARY 20,1998
Vice Mayor Titcomb expressed concem 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 SW 8th 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 SW 8'h Street. While he is still not totally
comfortable with this proje~, he is impressed with the efforts made by the church !ind 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 SW 8th 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 "UN tums. If the egress of the driveway is restricted to right-tum
only, people will tum right and make a "U" tum 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 SW 8th 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 Tract 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
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MEETING MINUTES
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.:,,,,' ~ ~"
JANUARY 20, 1998
Commission comments and comments added this evening. Commissioner Tillman seconded
the motion that carried 4-1. (Commissioner Bradley dissented.)
Motion
.j ,.,; . .' -)~ .~-j
- . rj": . ~i'
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 carried4-1.",(Commissioner Bradley
dissented.) -. "'''',o;'j ~ ,! .:0'..iOrt'/~ ,.',^
,. V" -..~'-_: ":/~~;iI .~ja"s 31-r}; <:-."
Woolbright Twin Medical PlaZa (f.k.a.. Woolbright Medical Office)
David Remland ",t; ';i';;F.~e-j'l~i ]:.'111:1',,"
Fredric Newman ..1 "'..'~vC;em<:"ft.~, '. . '
Southwest 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. R98-t7) ":t:VUr:i !?Ai v
< " . ,"f i:~::T~~~r'1t::"f:. \<)""
The applicant was not present, and staff had no additional comments to offer.~;
B.
Project:
Agent:
Owner:
Location:
Description:
Motion
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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.
"j:.
VIII. BIDS:
".:1 '_._.
.,' ,
.~
None
IX.
DEVELOPMENT PLANS:
None
X. NEW BUSINESS:
A. Discussion of Possible Town Meeting
Commissioner Jaskiewicz questioned whether any future town meetings are contemplated,
r- '.':'
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
JANUARY 6,1998
Motion
Commissioner Jaskiewicz moved to approve the 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, subject to staff comments. Commissioner
Tillman seconded the motion that carried 5-0.
Mr. Perry reported that he has a long history in the City of Boynton Beach. He complimented
staff and said this has been his best experience working with the City.
B. Project: Item #1 / First Baptist Church of Boynton Beach (LUAE
/ 97-(102)
Item #2 Woolbright Place PUD Master Plan Modification
/(MPMD 97.006)
Item #3 Woolbright Place PUD 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 PUD (east and west sides of SW 8'" Street, one-
quarter mile north of the intersection of SW 8'" 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
Attomey 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
13
MEETING MINUTES
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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 Shop pes 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
14
MEETING MINUTES
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JANUARY 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 8"'. 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 Yo signals per
mile. At 2 Yo to 4 Yo 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 Yo to 4 Yo 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. Rennebaum 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 dear
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 .mounts 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 8'" Street to go over Level of Service C.
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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.
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 swath Street
619 SW 2nd Avenue
220 swath Street
645 SW 2nd Avenue
744 SW 1st Court
106 NW ath Street
732 West Ocean
746 West Ocean
746 West Ocean
aDO SW 1" Court
731 West Ocean
Ms. Ellen Alexander, 604 Canal Way, expressed concem 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 11th Avenue
Law firm of Carlton Fields
312 SW 11th Avenue
6760 East View Drive. Lantana
1302 SW 1ath 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.
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Greg Kino, attorney with Boose, Casey & Clklin, and representing Woolbright PCD and
Howard Scharlln, 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.
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 concemed 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 concems 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
concems 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-tum 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
17
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 8'" Street past the conselVation 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 Titcomb 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 8'" (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 8'" Street.
A new resident of the area recommended that Ocean Drive at SW 8'" to Boynton Beach
Boulevard be changed to a one-way roadway to eliminate traffic in this area.
Ms. Smith agreed to reduce the number of stories of the medical facility to two. However, she
requested that the size be allowed within the allotted traffic capacity. That number is
approximately 54,000 square feet which is a reduction frOm' the originally proposed 67,000
square feet. The applicant agrees to fund speed 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.
18
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. Attomey 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. Kastartak 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 C on SW 811l 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.
19
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 he would be vehemently opposed to the closure of SW eth 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 eth Street that was planned for and approved. The City cannot close sw.eth 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:
Item B was addressed first while awaiting the retum of the City Attomey.
B. Authorization to amend agreement for professional services with Bryant, Miller &
Olive
City Manager Willis advised that there is an increasing trend in the public sector to hire an
interest in Tallahassee to represent us while we go through the Legislative Sessions. Our
experience with the school was a shining example of something that we probably would not
have had any luck on without an extraordinary intervention effort in Tallahassee. Private sector
lobbying efforts with millions of dollars to spend on issues on behalf of special interest groups
are pushing every year for exemptions to governmental regulations and associated fees. These
items have a significant budgetary impact on municipalities that sometimes result in millions of
dollars in unfunded mandates.
The telecommunications industry is trying to exempt itself from govemmental regulations over
siting of poles and related equipment in publiC rights-of-way and from the payment of associated
licensing fees. This legislation, if successfully passed, would directly result in an immediate loss
20
MINUTES
PLANNING AND DEVELOPfw,,,,,NT 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 miie 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 DEVELOPIVIENT 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
recommended 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 accomplish 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 effectively 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 medical 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 skillecJ health care
professionals in the middle of the site. In addition, the majority of this project is adjacent
to intense commercial uses. The least intense portion of this project is placed as close
to a neighborhood as possible. The CLF building is on the northwest comer of the site.
10
MINUTES
PLANNING AND DEVELOPIVIENT 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 with the
neighbors. These types of uses are permitted even in the moderate and higher levels.
With regard to Item 7AS, 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 potentiai 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 staff's 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 residentiai 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 DEVELOPf.IIENT 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 iocational or site requirements.
Because 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 local
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,aOO
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 ath 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 i:ems. She submitted a letter from the
President of the Palm Beach Leisureville Community Association in support of this
project.
12
MINUTES
PLANNING AND DEVELOPt-....:NT 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. Myotl 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 DEVELOPIIIIENT 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 receives
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 PCD, 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: "Speaking for the Congregation, we believe
that certain uses of adjacent property are incompatible with the proper functioning of a
church.' 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. Thisy
14
MINUTES
PLANNING AND DEVELOP,....:NT 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. Sill 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 DEVELOPt-.._NT 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-ctad 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 DEVELOP',..:NT 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 CLF 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 DEVELOPPflcNT 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 one
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. Sth. 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 14.1S acre 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 DEVELOPI. .NT BOARD MEETING
BOYNTON BEACH, FLORIDA
DECEMBER 22, 1997
Motion
Mr. Myott moved to approve the master plan modification for the Woolbright 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,
Dubs, 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. Dubs seconded the motion. A roll call
vote was polled by the Recording Secretary. The motion failed 3-4. Messrs. Aguila,
DubS, and Reed voted aye.
Motion
Mr. Myott moved to approve the Land Use Amendment and Rezoning of the First
Baptist Church of Boynton Beach, Item 7A5, 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, DubS, 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. Myott moved to amend the Future Land Use Map of the Comprehensive Plan from
Moderate Density Residential to High Density Residential, Item 7A4, the Woolbright
Place PUD, subject to staff comments. Ms. Frazier seconded the motion, which carried
5-2. Messrs. Aguila and DubS cast the dissenting votes.
Chairman Wische declared a recess at 9:31 p.m. The meeting resumed at 9:39 p.m.
19
DEVELOPMENT DEPARTMEN'1
MEMORANDUM NO. PZ 98-199
TO:
Sue Kruse
City Clerk
FROM:
/(i,,z? -
Michael W. Rumpf
Acting Director of Planning and Zoning
DATE:
June 29, 1998
RE:
Woolbright Place PUD Land Use Element Amendment (LUAR 97-004)
A legal advertisement has been prepared for the July 21, 1998 City Commission
Public Hearing.
MWR:bme
xc: Central File
Attachments
J :ISHRDA T A IPlanninglSHAREDlWPIPROJECTSIWoolbrighl PlaceILUARllegalnol-08.doc
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a
Legal Notice or Legal Advertisement published and must be submitted to the
Office of the City Attorney two working days prior to the newspaper's ad
submittal deadline.
ORIGINATOR: Plannina and Zonina
PREPARED BY: Michael Rumpf
DATE PREPARED: June 29.1998
BRIEF DESCRIPTION OF NOTICE OR AD: Woolbriaht Place PUD Land Use
Element Amendment. Final processina (adoption) followinq review by DCA.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size,
Section Placement, Black Border, etc.)
Standard Leaal Ad for City Commission meetina of July 21.1998 at 7:00 p.m.
SEND COPIES OF AD TO: Newspaper. applicant and Plannina and Zoning
Director. Final processinq (adoption) followinq review by DCA.
NEWSPAPER(S) TO PUBLISH: The Post
DATE(S) TO BE PUBLISHED: July 6.1998
LAST DATE TO FAX TO NEWSPAPER: July 2.1998
APPROVED BY:
1) /j/7 J; /7 L
( i . 'U. . C-L'7A.(f ,
(Originator) J
(, .;2'/ I,f"
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
J:ISHRDA T AIPlanninglSHAREDlWPIPROJECTSIWoolbrighl PlaceILUARllegalnol-98.doc
NOTICE OF LAND USE CHANGE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will
conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach
Boulevard, on Tuesday, July 21, 1998 at 7:00 p.m. to consider the request described herein and submitted
by Ellen Smith of Unruh, Smith and Associates, Inc., regarding a total of 66.16 acres of property located on
the east and west sides of S.W. 81h Avenue, approximately one-quarter (1/4) mile north of the intersection of
Woolbright Road and S.W. 81h Avenue.
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WOOLBRIGHT PLACE PUD LAND USE AMENDMENT
NA TURE OF REQUEST:
To amend the Comprehensive Plan Future Land Use Map designation for the property shown on the
attached map, from Moderate Density Residential to High Density Residential. The proposed amendment
is requested in conjunction with the proposal to establish a new Planned Unit Development (PUD) on a
14.18-acre parcel that is proposed to be removed from the existing Woolbright Place PUD. The subject
application is not being proposed to alter the existing development as currently approved or constructed on
the remaining 66.16 acres. The subject amendment would change the land use on that portion of the PUD
that is currently classified as Moderate Density Residential, which would remain following extraction of the
14. 18-acre parcel.
LEGAL DESCRIPTION:
Woolbright Place Plat No.1, according to the Plat thereof as recorded in Plat Book 67, page 47 through 49
in the Public Records of Palm Beach County, Florida less Tract "F", a total of 14.18 acres; and less 30 feet
of the original 80 foot right-of-way, transferred from Woolbright Place PUD to Woolbright Place PCD, a total
of 33,900 square feet. Said lands lying and situate in Palm Beach County, Florida, containing 66.16 acres.
All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any
person who decides to appeal any decision of the Planning and Development Board and/or City
Commission with respect to the matter considered at these meetings will need a record of the proceedings
and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
J.ISHRDA T A IPlanninglSHAREDlWPIPROJECTSIWoolbrighl PlaceILUARllegalnot-98.doc
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-177
TO: Jim Cherof
City Attorney
FROM: Michael W. Rumpf
Acting Planning and Zoning Director
DATE: June 10, 1998
SUBJECT: Ordinance Requests
In anticipation of ordinances being scheduled for adoption in July, I am providing you
with support materials necessary for preparing ordinances related to the three (3)
proposed amendments to the Comprehensive Plan with the DCA reference number 98-
1. The three projects are as follows:
First Baptist Church (land use amendment and rezoning)
Woolbright Place PUD (land use amendment)
Foster Property (annexation, land use amendment and rezoning)
On June 8, 1998, we received the proposed amendments back from the Florida
Department of Community Affairs and now have 60 days to adopt them. If you have
any questions regarding this matter, please contact me.
MWR:mae
xc: Rosemarie Lamanna
Attachments
S:\Shrdala\Planning\Shared\Wp\Projecls\Woolbrighl Place PUDlORDINANCE REQUEST.doc
NOTICE OF LAND USE CHANGE
NOTICE OF ZONING CHANGE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF
BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION
CHAMBERS, 100 East Boynton Beach Boulevard, on Monday, December 22, 1997 at 7:00
p.m. to consider the request described herein and submitted by Ellen Smith of Unruh, Smith
and Associates, inc., agent for the First Baptist Church of Boynton Beach, Florida, property
owners, regarding a total of 14.18 acres located one quarter (1/4) mile north of the intersection
of Woolbright Road and S.W. 8th Avenue on the west side of S.W. 8'h Avenue.
This request will also be considered by the City Commission of THE CITY OF BOYNTON
BEACH, FLORIDA, on Tuesday, January 6, 1998 at 7:00 p.m., or as soon thereafter as the
agenda permits at the CITY HALL COMMISSION CHAMBERS.
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FIRST BAPTIST CHURCH OF BOYNTON BEACH PCD
LAND USE AMENDMENT AND REZONING
NATURE OF 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 health care
campus with a nursing home, assisted care living facility and medical offices.
LEGAL DESCRIPTION:
Tract F, Woolbright Place Plat No.1, according to the Plat thereof as recorded in Plat Book 67,
page 47 through 49 in the Public Records of Palm Beach County, Florida.
All interested parties are riotified to appear at said hearing in person or by attorney and be
heard. Any person who decides to appeal any decision of the Planning and Development
Board and/or City Commission with respect to the matter considered at these meetings will
need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
J:ISHROATAIPlannlngISHAREDlWPIPROJECTSlFirst Baptist Church of BBlLUARllegalnot.doc
r-.
r-
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-596
TO: Chairman and Members
Planning and Development Board
THROUGH: Tambri J. Heyden, AICP~
Planning and Zoning Director
FROM: Michael W. Rumpf
Senior Planner
DATE: December 19, 1997
SUBJECT: Woolbright Place PUD (LUAR 97-004)
Request for Land Use Amendment
INTRODUCTION
Unruh-Smith & Associates, Inc., agent for the First Baptist Church of Boynton Beach, Boynton
Beach I Ltd, and TCRDAD Vinings at Boynton Beach II Ltd., owners of greater than 51% of the
Woolbright Place PUD, propose to modify the existing Woolbright Place Planned Unit
Development (PUD) by reclassifying that portion of the PUD that is currently classified Moderate
Density Residential, to High Density Residential land use (approximately 9.12 acres of the PUD is
classified High Density Residential). This application also excludes the 14.18-acre parcel
originally included within the PUD and approved for a church. This parcel is proposed to be
extracted from the PUD as concurrently proposed within the application identified as Woolbright
. Place PUD Master Plan Modification (MPMD 97-006), to allow for the establishment of a new
master plan. The subject property is located on the east and west sides of S.W. 8th Street,
approximately one-half (1/2) mile north of Woolbright Road (see Exhibit "A" - Location Map).
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, beyond that density which has been generated by uses
approved, in part, in connection with a court-ordered stipulated and settlement agreement (which
has precedence over the Comprehensive Plan Future Land Use Map). In order to bring the
master plan into compliance with the Comprehensive Plan (and maintain compliance after the
parcel is extracted from the PUD), the applicant has submitted this application to amend the land
use classification on this property to High Density Residential, which allows a maximum density of
10.8 dwelling units per acre. Without this amendment, the decrease in the size of the master plan
by 14.18 acres would increase the density in the Woolbright Place PUD from the current density of
7.9 units per acre to 10.42 units per acre. The maximum density of the current land use
classification is currently exceeded by 26 units; however, this discrepancy would increase to 128
units if the master plan was reduced by the 14.18 acres under the existing land use classification
of Moderate Density Residential. The High Density Residential land use classification is the only
land use classification that allows a maximum density high enough to confonn to the density
established when the 14.18 acres is removed from the PUD.
I
NOTICE OF LAND USE CHANGE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH,
FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton
Beach Boulevard, on Monday, December 22, 1997 at 7:00 p.m. to consider the request described herein and
submitted by Ellen Smith of Unruh, Smith and Associates, Inc., regarding a total of 66.16 acres of property
located on the east and west sides of S. W. 8th Avenue, approximately one-quarter (1/4) mile north of the
intersection of Woolbright Road and S.w. 8'h Avenue.
This request will also be considered by the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, on
Tuesday, January 6, 1998 at 7:00 p.m., or as soon thereafter as the agenda permits at the CITY HALL
COMMISSION CHAMBERS.
WOOLBRIGHT PLACE PUD LAND USE AMENDMENT
NATURE OF REQUEST:
To amend the Comprehensive Plan Future Land Use Map designation for the property shown on the attached
map. from Moderate Density Residential to High Density Residential. The proposed amendment is requested in
conjunction with the proposal to establish a new Planned Unit Development (PUD) on a 14.18-acre parcel that is
proposed to be removed from the existing Woolbright Place PUD. The subject application is not being proposed
to alter the existing development as currently approved or constructed on the remaining 66.16 acres. The
subject amendment would change the land use on that portion of the PUD that is currently classified as
Moderate Density Residential, which would remain following extraction of the 14.18-acre parcel.
LEGAL DESCRIPTION:
Woolbright Place Plat 1 , according to the Plat thereof as recorded in Plat Book 67, pages 47 through 49 in the
Public Records of Palm Beach County, Florida less Tract "F", a total of 14.18 acres; and less 30 feet of the
original 80 foot right-of-way, transferred from Woolbright Place PUD to Woolbright Place PCD, a total of 33,900
square feet. Said lands lying and situate in Palm Beach County. Florida, containing 66.16 acres.
All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person
who decides to appeal any decision of the Planning and Development Board and/or City Commission with
respect to the matter considered at these meetings will need a record of the proceedings and for such purpose
may need to ensure that a verbatim record of the proceedings is made. which record includes the lestimOi,y and
evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
J:ISHRDATAIPlanningISHAREDlWPIPROJECTSIFirst Baptist Church of BB\LUARllegalnotdoc
1\ i1CE OF PUBLIC HEARING
1TICE OF LAND USE CHANGE -
NOTIC~ OF ZONING CHANGE
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY
OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL
COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, on Monday,
December 22, 1997 at 7:00 p.m. to consider the request described herein and
submitted by Julian Bryan of Julian Bryan and Associates, Inc., agent on behalf of
Roland E. and Ceila M. Foster of Lantana, Florida, property owners, regarding a total of
23.4 acres located north of Minor Road between Lawrence Road and Congress
Avenue.
This request will also be considered by the City Commission of THE CITY OF
BOYNTON BEACH, FLORIDA, on Tuesday, January 6,1998 at 7:00 p.m., or as soon
thereafter as the agenda permits at the CITY HALL COMMISSION CHAMBERS.
NATURE OF REQUEST:
To amend the Future Land Use Map of the Comprehensive Plan frorn MR-5 in Palm
Beach County to Low Density Residential, and to rezone the property from Agricultural
Residential (AR) in Palm Beach County to PUD (Planned Unit Development) to allow
for the ultimate development of 98 zero lot line, single family homes.
LEGAL DESCRIPTION:
The West 2/3 of the South Yo of the East % of the Northeast Yo of the Southwest Yo and
the West 2/3 of the East % of the Southeast Yo of the Southwest Yo of Section 7,
Township 45 South, Range 43 East; said lands situate, lying and being in Palm Beach
County, Florida, LESS the South 40 feet thereof.
All interested parties are notified to appear at said hearing in person or by attorney and
be heard. Any person who decides to appeal any decision of the Planning and
Development Board and/or City Commission with respect to the matter considered at
these meetings will need a record of the proceedings and for such purpose may need
to .ensure that a verbatim record of the proceedings is made, which record includes the
testimol'Y and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH:
The Palm Beach Post
December 12, 1997
December 22, 1997
J:ISHRDA T A IPlannmglSHAREDlWPIPRDJECTSIFoster PropertylLUARllegalnot.doc
NOTICE::. OF LAND USE CHANLc
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF
BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION
CHAMBERS, 100 East Boynton Beach Boulevard, on Monday, December 22,1997 at 7:00 p.m.
to consider the request described herein and submitted by Ellen Smith of Unruh, Smith and
Associates, Inc., regarding a total of 66.16 acres of property located on the east and west sides
of S.w. 8th Avenue, approximately one-quarter (1/4) mile north of the intersection of Woolbright
Road and S.W. 8th Avenue.
This request will also be considered by the City Commission of THE CITY OF BOYNTON
BEACH, FLORIDA, on Tuesday, January 6, 1998 at 7:00 p.m., or as soon thereafter as the
agenda permits at the CITY HALL COMMISSION CHAMBERS.
NATURE OF REQUEST:
To amend the Comprehensive Plan Future Land Use Map designation for the property shown
on the attached map. from Moderate Density Residential to High Density Residential. The
proposed amendment is requested in conjunction with the proposal to establish a new Planned
Unit Development on a 14.18-acre parcel that is proposed to be removed from the existing
Woolbright Place Planned Unit Development. The subject application is not being proposed to
alter the existing development as currently approved or constructed on the remaining 66.16
acres. The subject amendment would change the land use on that portion of the PUD that is
currently classified as Moderate Density Residential, which would remain following extraction of
the 14.18-acre parcel.
LEGAL DESCRIPTION:
Woolbright Place Plat 1, according to the Plat thereof as recorded in Plat Book 67, pages 47
through 49 in the Public Records of Palm Beach County, Florida less Tract "F", a total of 14.18
acres; and less 30 feet of the original 80 foot right-of-way, transferred from Woolbright Place
PUD to Woolbright Place PCD, a total of 33,900 square feet. Said lands lying and situate in
Palm Beach County, Florida, containing 66.16 acres.
All interested parties are notified to appear at said hearing in person or by attorney and be
heard. Any person who decides to appeal any decision of the Planning and Development
Board and/or City Commission with respect to the matter considered at these meetings will
need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
J:ISHRDATAIPlanningISHAREDIWPIPROJECTSIFirst Baptist Church of BBILUAR\legalnol.doc
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1992 BACK ASSESSMENT
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1993 BACK ASSESSMENT
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I S C 12/12/97
IDE N T I F I CAT ION
LEGAL DESCRIPTIONS
WOOLBRIGHT PLACE PL 1
TR F & BUFFER AREA LYING
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~ SEA R C H V A L U E S
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ISC
READY
PRO PER T Y
I S C 12/12/97
IDE N T I F I CAT ION
LEGAL DESCRIPTIONS
1995 BACK ASSESSMENT
FOR 08-43-45-29-26-000-0130
PI05-022
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L 9900
STROW HAROLD E
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DEVEL..JPMENT SERVICES DEPARTMEN I
PLANNING AND ZONING DIVISION
MEMORANDUM #97- 544
TO:
Sue Kruse
City Clerk
Tambri J. Heyden, AICP ljd
Planning and Zoning Director
FROM:
DATE:
December 2,1997
RE:
Woolbright Place PUD Land Use Element Amendment (LUAR #97-004)
Please be informed that in circulation is a legal ad for the above-referenced petition.
As the necessity for this application was recently realized, the application materials
are still being prepared by the petitioner and will be forwarded to you once received by
this office.
Furthermore, a legal advertisement has been prepared for the December 22, 1997
Planning and Development Board Public Hearing and the January 6, 1998 City
Commission Public Hearing, and will be forwarded to your office after review by the
City Attorney. Property owners notices were mailed on November 21, 1997.
Outstanding technical issues related to this application caused the mailing to be
prepared at the last minute; therefore, we stuffed and labeled the envelopes for you to
ensure that our 30-day notice requirement was met. Please let me know if I can be of
further assistance.
TJH:mr
xc: Central File
Attachments
J:ISHRDA T AIPlannlnglSHAREDIWPIPROJECTSIFirst Baptist Church of BBILUARllegalnot.doc
RE..JEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal
Notice or Legal Advertisement published and must be submitted to the Office of the
City Attorney two working days prior to the newspaper's ad submittal deadline.
ORIGINATOR: Plannina and Zonina
PREPARED BY: Michael Rumpf DATE PREPARED: December 2.1997
BRIEF DESCRIPTION OF NOTICE OR AD: Woolbriaht Place PUD Land Use Element
Amendment
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.)
Standard Leaal Ad for Larae-scale Amendment for Planninq and Development Board
meetina on December 22. 1997 at 7:00 p.m. and City Commission meetina of Januarv
6.1998 at 7:00 p.m. Ad must not be less than 2 columns wide and 10 inches lona in a
standard size newspaper: headline must not be less than 18 point: the ad must not be
placed in those sections containina leqal notices and classifieds: if map is reduced.
the auality and resolution must be maintained.
SEND COPIES OF AD TO: Newspaper (December 10. 1997), applicant and Plannina
and Zonina Director.
NEWSPAPER(S) TO PUBLISH: The Post
DATE(S) TO BE PUBLISHED: December 12.1997 and December 22.1997
LAST DATE TO FAX TO NEWSPAPER: December 10.1997
APPROVED BY:
/l -, iJJ!.
(1) ,--Jh,~ f} J!(}lJ~/
(Originator)
/.v~0 7
(Date) , (
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
J:ISHRDATAIPlannlngISHAREDlWPIPROJECTSIFlrst Baptist Church of BB\LUAR\legalnot.doc
NOTIC,;.: OF LAND USE CHAN~E
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH,
FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton
Beach Boulevard, on Monday, December 22, 1997 at 7:00 p.m. to consider the request described herein and
submitted by Ellen Smith of Unruh, Smith and Associates. Inc., regarding a total of 66.16 acres of property
located on the east and west sides of S.W. 8th Avenue, approximately one-quarter (1/4) mile north of the
intersection of Woolbright Road and S.W. 81h Avenue.
This request will also be considered by the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, on
Tuesday, January 6, 1998 at 7:00 p.m., or as soon thereafter as the agenda permits at the CITY HALL
COMMISSION CHAMBERS.
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WOOLBRIGHT PLACE PUD LAND USE AMENDMENT
NATURE OF REQUEST:
To amend the Comprehensive Plan Future Land Use Map designation for the property shown on the attached
map, from Moderate Density Residential to High Density Residential. The proposed amendment is requested in
conjunction with the proposal to establish a new Planned Unit Development (PUD) on a 14.18-acre parcel that is
proposed to be removed from the existing Woolbright Place PUD. The subject application is not being proposed
to alter the existing development as currently approved or constructed on the remaining 66.16 acres. The
subject amendment would change the land use on that portion of the PUD that is currently classified as
Moderate Density Residential, which would remain following extraction of the 14. 18-acre parcel.
LEGAL DESCRIPTION:
Woolbright Place Plat 1, according to the Plat thereof as recorded in Plat Book 67, pages 47 through 49 in the
Public Records of Palm Beach County, Florida less Tract "F", a total of 14.18 acres; and less 30 feet of the
original 80 foot right-of-way, transferred from Woolbright Place PUD to Woolbright Place PCD, a total of 33,900
square feet. Said lands lying and situate in Palm Beach County, Florida, containing 66.16 acres.
All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person
who decides to appeal any decision of the Planning and Development Board and/or City Commission with
respect to the matter considered at these meetings will need a record of the proceedings and for such purpose
may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
J:ISHRDATAIPlanningISHAREDlWPIPROJECTSIFirst Baptist Church of BBILUARllegalnot.doc
-
~ N.40866 -I<
NO ~.CE OF LAND USE CHA" ..IE
NOT1CE OF PUBUC HEARING
NOTICE IS HEREBY GIVEN that the planning and Development Boord of
THE CITY OF BOYNTON BEACH, FLORIDA will conduct a PUBLIC HEAR-
ING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach
Boulevard, on Monday, December 22, 1997 at 7:00 l'.m. to consider the
request described herein and submitted by Ellen Smith of Unruh Smith.'
ana Associates, Inc., regarding a total of 66.16 acres of property located
an the east and west sides of S.W. 8th Aveaue op'proxlmately. one- ,
quarter (1/.01) mile north of the intersection of Woolbright Rood ana SW.,
8th Avenue. 'this request will olso be considered by' the city of boynton
beach, Rorido on tuesday, jonuory 6, 1998 ot 7:00 p.m., or os soon.
thereafter os the ogendo permits at the city hall commission chambers. ,
This request will also be considered by' the City Commission of THE CITY,
OF BOYNTON BEACH, FLORIDA, on Tuesdoy, Jonuary 6,1998 at 7:00
p".m., or os soon thereafter as me ogendo permits at the CITY HALL
COMMISSION CHAMBERS.
/
.' RIO
WOOLBRIGHT PLACE PUD LAND USE AMENDMENT
NAtuRE OF REQUEST:
To amend the Comprehensive Pion Future Lond Use Map designotion for
the pr9Perty shown on the ottoched mop from Moderate Density Resi'
dential to High Density Residential. The proposed amendment is
~uested in conjunction with the proposal to estoblish a new Planned
Umt Development (PUD) on a 14. T 8-acre parcel that is proposed to be
removed from the existing Woolbright ploce PUD. The subject opplica-
tion is not being proposed to olter tlie existing development as currenrly
approved or constructed on the remaining 66.16 acres. The subiect
amendment would change the land use an that portion of the PUD that is
curren~y classified as Moderate Density Residential, which would remain
following extraction of the lA.18-acre parcel.
LEGAL DESCRIPTION
Woolbright place plat 1 , according to the plat thereof as recorded in plat
Book 67, pages .017 through .019 '" the Public Records of Palm Beach
County, Florida less Tract "F", a total of 1.01.18 acres; and less 30 feet of
the onginal 80 foot riaht-of-waYI transferred from Woolbriaht place PUD
to woolbriaht place pCD, a toto of 33,900 square leet. Said lands lying
and situate In Palm 8each County, Florida, containing 66.16 acres.
All interested parties ore notified to appear ot said hearing in person or
I:rt attorney and be heard. Any person who decides to apP!"1 any
decision 01 the planning and Development Boord andlor City Commis-
sion with respect to the matter considered at these meetings will need a
record of the proceedings and for such purpose may need to ensure that
a verba~m record of llie proceeds is made, whic" record includes the
testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561)375-6260
PUBUSH: PALM BEACH pOST DECEMBER 12 & 22, 1997
NOTICE OF LAND USE CHANGE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will
conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach
Boulevard, on Tuesday, July 21, 1998 at 7:00 p.m. to consider the request described herein and submitted
by Ellen Smith of Unruh, Smith and Associates, Inc., regarding a total of 66.16 acres of property located on
the east and west sides of S.W. 8th Avenue, approximately one-quarter (1/4) mile north of the intersection of
Woolbright Road and S.w. 8th Avenue.
It",
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WOOLBRIGHT PLACE PUD LAND USE AMENDMENT
RE
NATURE OF REQUEST:
To amend the Comprehensive Plan Future Land Use Map designation for the property shown on the
attached map, from Moderate Density Residential to High Density Residential. The proposed amendment
is requested in conjunction with the proposal to establish a new Planned Unit Development (PUD) on a
14.18-acre parcel that is proposed to be removed from the existing Woolbright Place PUD. The subject
application is not being proposed to alter the existing development as currently approved or constructed on
the remaining 66.16 acres. The subject amendment would change the land use on that portion of the PUD
that is currently classified as Moderate Density Residential, which would remain following extraction of the
14.18-acre parcel.
LEGAL DESCRIPTION:
Woolbright Place Plat No.1, according to the Plat thereof as recorded in Plat Book 67, page 47 through 49
in the Public Records of Palm Beach County, Florida less Tract "F", a total of 14.18 acres; and less 30 feet
of the original 80 foot right-of-way, transferred from Woolbright Place PUD to Woolbright Place PCD, a total
of 33,900 square feet. Said lands lying and situate in Palm Beach County, Florida, containing 66.16 acres.
All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any
person who decides to appeal any decision of the Planning and Development Board and/or City
Commission with respect to the matter considered at these meetings will need a record of the proceedings
and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
J:ISHRDA T AIPlanninglSHAREDlWPIPROJECTSIWoolbrighl PlaceILUARUegalnot-ga.doc