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LEGAL APPROVAL -~ l 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 Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.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: ~~~AI / Ci lerk (Corporate Seal) s:ca\ord\W~\rilil\'W'14_18 acr012301 ~,\\\\ Itlllll. ~\ ",oYN7'o.. Y0 ~ ~ .~......'V ""^ ~ .::; 0 "'\;f'Of,;)'~" V' ~ ~ ..'0 .~~... ~ ~ ::: >- I~ %\ " ::; :: ,.... :.... ~ 0 ::. ~o\ ):I:E % \. 1920 $ ~ ... ... ~ ~ .......... ~ ~/. )>LOR\\)~ ~ YIlt \,,\ 11/1""111\\11\\ - .~ - ~:'---"6 ~~mmis~ione:, /~ L Ie-- jv-.J:"- Commissioner /{}..cfj (;~" 111.1--1/:3;1'_111"'; ;?!f';1J)}(., -CiL)0,- <.~.N'~ ""W/JI1'11 rrtJ(. December 5, 1995 (1(',' / - .</.",' /. .c- , "-":~ ...... +-e -ejuTf -~ ~-~ -/ ~w; 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 //'dl tr) if , !I n I:::) ( f. I! 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". " ",I Section 2. That this Resolution Ii effective immediately upon passage. '/ Ii ii' " I' " :/ , shall become PASSED AND ADOPTED this /.6 day of ~#~ , 1995. , " :, 'I :I ,/ ,I I " !I il II A=ST' ~i~~9>l': ~.....,.. 1 C1 Y Clerk I (Corporate Seal) A\lthlig.dgc Trldlwind..rtnIIAgr 4/12195 d db ;} I SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is entered into between THE CITY OF BOYNTON BEACH ("CITY"), and HOWARD SCHARLIN, TRUSTEE for WOOLBRIGHT PLACE JOINT f' ..;(.--; \. VENTURE ("SCHARLIN") , this "/ day of /.,. /1.-. ... " - , 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 " '~ Jio,N I ~ .~..... P\J.NNING AND lotllNG oEl'T. '\ I 3/10- ) 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 . ------ 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 r .-) ", I. V' 0[) 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 G"D~\ 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 -1 TJd- \ l, 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 Vri 0fJC 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 ,J ~ ~ - (~ -.;u-'1/- <. H)Nard Scharlin, Trustee of Woolbright Place Joint ~'4/,,"<e,/[.jL,,^--- / ~;: -<-;~'Z,t-l,,( It'!//c.; Seal) Final 5/16/95 '\ I ~7 b'~ 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 I D t)c.-) 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 , II r. -", \ J ...-. '''I--\''''\Y'o./ PALM BEACH PHONE (407)7:32.: lIi1iSUQ.VilJ.E COMMUNITY ASSOCIATION. INC. lClO7 OCEAN OIlIY!! I BOYNTON BEACH, 'LOIlIOA :134:. m 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. ~'~~ } 'f(~_ Peter 1. Kelly, President Board or.oirectol1 Po81-lt" Fax Nor. llo I. <! CD./Copl. ,.".".. F....J.., 7871 Dill '- /:J(./ &t " ---~~ C' . Co. p....... C{.()7,....-;r;-(;"Zf u. -. \ --"YVu I i , '1l := ~E~ ~~ ~ 2"o~s;fl'1 ~~~~~ ~ \l cf) ~!~a~ =t ~~ ~j~ ~ ~ ~ I> te I\:) l-:l: ~ 6'C ):) ~1l 11-0 ~ z: Q N -<'~ 0 ~~~~~ ~ ~~ 1 C/) If. /lilt., u ft1 ~ ~~ ~ b --;~ ! ~ ~~i: R; 0 '" , 1t-.. 'r 'v ~~~ ~ C} N~IJI 1 '5i- B~if j"" .11' :D ~ t~ ~ ~ ....1Li i! j ~/w n C. ill (J H.. J l. o ,,' ! 1/ " : I ~ ! I , , ~ - ;(D ~ r3 I. :: ... ' ';t f~~~ r ~1 '^ j3 Q 8.!. ;~ L <<", ~ " ~~ .~ * ; 1J~ Q l i ~ . N. I\l ,_ ~. ""' cJ i . l1iJl'~ ~ iI':! ... JII/: '" 1ft. , ~ ; ~ l:~ !~ ~ !l'! -~ ~ l: 'i' '. t " ~ :~ " 0 . . :' m r 'tJ .~ 'T--= ~ t-F" :: :~I ~ _ o~ '^ . - \ ~ .. * N_ ..... - ... - ~"V] j~ iJ lJI I~ ~ ~ ~. II- ~. If\ - {{- \II .. I ~J i:'/)~J I .) rz.;w ~ ~ Q' z ~ - ~ ~ \ ~ 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. r kh'-L Ji.,AAd / 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 /s,"J} 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/\.) ,.d)."'. ~..J8/>1;""L 1/ /' ;1;'tJ r; (, -0:>. .; ~ . " '. (4rrltclfJi(Ur 1f1 4(j!J 20. ~ I<l-_j './ -....., ~-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 I A"",~.",. , I _b<<indomentiIROW Ii Sch.l1in-8/11'ge ,I II 'I .1 ': ~.~~ Commissioner ~ F?~/~ CO issioner ij II I. il II 'I d l() S' ~,l~.._ .1".'~ './t;\i'):Y ~' - "~. '~~~~ \ :c..... \ ,- . - .-- .ID l" .-. oU) ::D(JI !:2 CD 0:0 .".... ~==\ o eRa 9397 Fil 1198 ---- - . ",.1't. 2_'- ~. -< j;::J N :J>o I ~ ::1- .. .. m ~ ~ . ~ ; .c.~ ~ :~ I~ l, \ \~ . \ I \ I \ \ " . \ I \ 1 d \ \ \ \ \ I \ I \ \ \ \: I ....:-~__ ~ to. , .1 J _ . . 01 I~.J ,Ut '" '" . CD I}l ~'N ~ ....~ ...~ ;J'l 5, \4. I ... ~ TRACT C ~ :I 2,15 IC. IC 1 .\ ii,. i , , ~ ~ -< C'. j;::J '... :J>o ..... "" n -' ~ III ..... .., I 'b <::I _ 10 - ~ ., In ~ " , , 'IO!l 11 . \ \ \ sa.c :. III o. ~ ~ ~ I . -< ~ Xl ...,. ,:J>o V' co n ' ::~ 10 " -n 565 ....., .- - ......... . , . ~ . . '-; ~ ~II I ~ 1.'.---- · A ~ Iii I ~ .' .....--;-.1 ~ ~--~ ' -~. .---- s ~ - /~ 1: ;:-, -l .'0 \' Z J'l "I -. 0'1 C' 1;0 I -~ ;'J> '-" j o~ 1:1 ." ~ ~~if i I I . I '--'I -< ct - , , Xl ~':'" :J>o l.1' 1\1 n , ~ -< 10 .. ~ ,." ~ ~ ~ ~ -<: ~ ~ ~~ \1\'" ,'~ ' ~~ ~I - ~'S ':J ." f2~' .. ~;; ~:::o ~.~ ..__.r. ,'" f) .- <Y<() 2> - ~ ~,", ~I- _"-J ~ - .. -- " .... - , , '" ,--. c I i I". ~'. l;> r r " , - "-~ 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 '.JI1r'.\Jn. ~n 1 J t;~H~~Vl.i 1 HI t.~ .SIMMONS & WHIT~. INC, r n.\ IW, ~o I o~ooo,o r, VJ P,B2 ~IMMONS & WHITE, INC. I I i i 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 , , I 1~~1' .erj. x 7.2~ D.U.8 . A.cre . . I 10~ D.U;S! ~ 7 tnd . I D.U. r I I I 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 ., 1Q3 D.U.. . 7:l:l. tpd. .;J(.r-tU-"O ~.:..... .'-'c...J rll ....illf'.UfltrJil!jj'iCLhrJ.;ll..A.dMiC.J ~M^ ItV, OGJOOJOOc~ r, U4 P.03 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 I ' 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, !" Ub P.04 Mr. Chri. Sep~embeir II I ! 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, ~~ ' t,1 ~' .; l.'j ..:; ~. v:i y:": ;.,.... ~ ..~) ." ,:. ~' .~ " II ' . . ., '011.' .... ".~...' RFR/jp 91;-87 kiln' TOTFL P. 04 ORDINANCES R'Y m~@~uw' , -- , 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 :i , !i !i 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: i, Jf} , ,~ . - ?\"-> c 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 ~ ..~;:r-'- <-'.',,,_ .:: ).. l~ "0\ 0 :: -= I- :- t ::t = ~oi~920 J -:=:: ~ ~ ~ ~~I A'LOR\\)"'~,~ -'II/ \\\ 1//1//1111\\\11 $-f- ~,/' 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'" ,~ 'II ~\" 1111""111\1\\\\ .. . L,t cf 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 ii ,. " 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" i I I I I I I I I I i i I 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 ( "~.' IC...A._ '-.... . il 'I I I 'iST: I JAO~~,,~~,._... . I Ci ~ltlllkilllll. . 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Q) <<I~~ W Q) a.. e - Q. 0:: [0 E :QQ) a.. a .r: e "'.r:- ~ W l:: 0::-" Ol a.. Q)=.... !!l ::2: o~ ::l <<I <<I <<I 'E:: 1V.- ~ - m...J_ ...~ [0 .c ... uu.~ Cl <( -co l:: l!!N o~ .J!!~ z ~(I) <<I -o<<l~ -~ .':.0 I "C Z Z ...1/) "'~ o~ "'~ (l)l::I/)Q) ~I o ' ::l Q) .(1) <<I ' ... , ~~ o ' z ::2: [0 co 0 u-", [0<0 .- <0 u.CO w.- I/) '" :5 <J) njCO <J) u.<J) <J) f- ''*''.- w ~~ ~ ~~<J) ~~ ~~ ~~ ~~ oq a:; 9> f- co .... co <J) 0 ~ N I/) I/) I/) I/) co co co ZU 0:: iJi A TT ACHMENT "A" CASE #1 - DATA TABLE ~I' I l Jt) i ~ ~~ I if hi)l! ~ ~ ~ :J ': u,Hll I i ; I. *; ! j I '! ~ I ,hi ~ t f' I ! ~ Iri! .; I~ h \1 I) J ~t.i! il UIUHs! i if I II ~u I~~.~ hJJ!~'r s '~~i1 ;;~~~i~ fs ~i I d~ I 11 I ~ ~J iWI f II~ ~ I H~I ~~n 11 in~~il!;~~f~Z II: ~ ~~. !~, '~K ~ ~ /!. iU Q<~:l ~ ~ I !1.llt f I nlh: I! I~ ~ i I I j~ J I ~ I 1 iJ I J. il I jl, ~!! ll. f~ [Hl! ,f I ell:. I lil.1I.111. If ~ l'l 1l!~ ~d ~l ll. .; I~ fJ i In IJ~if ! ~ ~~~ ~~ ~ ~ u ~~! I ;;u ~' .: l d ~w ~ll jJ Ii if Ui ,.J ~ H 1 IJ ] 11 j n I Ii f; ~ I h ; = b'a!" I H · I j" r I ~1 ,.j, 1 . ~ ~j l U,Js j.. I HIli J ~ i f=.: d ul:l I ]8~J]f 8~. J ~~$l .h : : . ~ . 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~ Uu @ ~ ~ w rn Wi 1 I ~ I I , 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 T I .I~ ! I ,~il '~ II 8~ , 'Ii ,. ~ J f I~ !!: .5 .. Ii ~ i I 1 ~ ~ Jl .. '" , ~I i~~ I I If' 1~ I J ..~,. ~Ii 'I i ,;I i .. I a :\ i :l I:: ..~ <.l I h Iii 1 9 !! ! '" ~~ :l ~ ~ ~.. i It! ttl~1 a ~i jl, :111'~ J liri~ i~ iI .. ~ ~ i~ l=/..l ! .._~ ! j~j ~~'< Il.,",~ ~ i ~ l! I 'S v, . I II ::I ! ~~:a~ ~ S~- ;~I ~ ~ i DC ... '7' J:oo ~ ",I Ir ~ Do 0 :a~ U - ~ ,., ~ l- - '8 l:: ""a'8 :l!~ ,I rIB 0-:2 ::J ~~ ;:) I ~ i ~ W Q" II it oct":- ~~ ti~l II ~ ~~ J 1;J ~ 8g~S ~ ~ D e 8'1 ~ ~ 8'" lol ',,; ~ ~ ! i:l foo ~3 a 3 ~ J . OllEO 'd SZSSSS919S 'ell Xij;l S3.L.I:xJSSli~p..LI.n,1liNf1", d :to NO~ B5-1Hn~ 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:~ I, , ., ,. "-<-. "-,.::.~.- May r Pro Tern d'<L~ com;p{ssion~r ~VUUM ~a l~ Commissioner ~;ST: ~...-'\;""""'~.~"~~.A'" .I Ci ~;\Illltlktlilil (co~~~&~~~) s:c~ot{d.\~i.kht:<9gr*e Church Land Use ,~ 0 "'O~r;:<f);..~ -~ ~ .::.'0 <<-... y ~ ::;>. :;;;: '0, 0 ~ ::1-:- :::t= ~;;~ ; == .. ~ ". 20 I - ~ \ 19 l ~ ~ "0. .00 ~ ~ ...........,.. ~ ~/~//I "L 0 R \ \) ~",.;$f' 1IIIf/llllI1j\\\\\\; 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 .. xi ~-t;; C CJ-A-f--~~~' .... I Vice Mayor / -' 1- -;-J::- Ma or Pro Tem ~W ~issioner ltLlU-l,0Ull1Jltt I^'" Commissioner ATTEST: ~d/.Vh'( ~~nAL_ Ci Clerk ( Corpor::lt~\fiiealt/zz ~W' II. ~\ o'{N7'O",;:'0 ~ ~ ......... f9 ~ ~ << ....;.00"',..:0. .-A ~ ::; O-.L;9.Y" .....".'~ ~ s:ca~r9SRl'~,ing First~i\ti~rch = t- ,- ) :I: = \<3\ '\920 j ~ ... .... ~ ~ a.........,.. ~ ~/I. ~LOR\" ~,~ Yllllil/IIII\I\I\\\\\ ,--.----- -. -~--.-.__=o, 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: 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 1. The proposed 67,500 medical office building will be reduced to 39,700 square feet. This reduction is not required by the traffic circulation element of the City Comprehensive Plan to maintain level of service "C' on SW 8th Street. Rather, it is proposed to reduce total project traffic. 2. If requested by the City, a deed restriction will be recorded in the official land records limiting the intensity of development on site to: a. 34,300 square foot, 120-bed nursing home; b. a 67,500 square foot, 60-bed CLF; c. a 39,700 square foot medical office building; and d. associated infrastructure and retention. 3. Prior to the occupancy of any building on-site, the owner of the property will install traffic calming devices along the two-lane portion of SW 8th Street, if requested, as approved by the City Engineer. 4. The entrance to the medical office building shall be redesigned to only permit egress to the right (toward Woolbright Road). 5. The City shall permit no other uses of the property other than those described in Item 2 above without City Commission approval. Ms. Smith urged the Commissioners to approve this project that will make good use of these 14 acres. Jose 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 REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20, 1998 to this discussion. In addition, the reference made by Mr. Aguila to Mr. Morton is also irrelevant since he has made many alterations to his agreement. Commissioner Jaskiewicz said this development will affect her personally since she is a resident of Leisureville. It is her opinion that this development will present the least impact. Parts of this development are almost a passive use. She cannot imagine residential of any quality being developed across from The Home Depot. Auto Discount Store or RaceTrac. She does not feel the residents would benefit by a residential development in this area. She is sympathetic with the traffic problem that needs a solution. However, she feels this use is the least objectionable of all of the uses in this area. She appreciated the applicant's effort to reduce the size of the project, and she believes it will be an asset. Mayor 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. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 Mr. Aguila said the roadway Mayor Taylor proposes will not work. Furthermore, he questioned who would pay for the roadway if it could be built. In addition, speed humps will not work because people will drive around them and leave tire tread marks in the lawns of the residents. He recommended the City purchase the nine homes along SW 8th Street in order to make this a collector road. Mayor Taylor pointed out that the City is trying to work out a solution to the traffic problem, and Mr. Aguila is only offering reasons why nothing will work. Ms. Smith said the trips for the revised proposal equal 1,798. That is a 58% increase over what is currently proposed on the property. The building envelope of the existing 750 trips is inadequate for reasonable use of the land. Vice Mayor Titcomb questioned-where these trips would come from since they are an increase over the vested number of trips on this project. In addition, he questioned whether this would open the City to litigation or challenge for the other adjacent properties. 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 REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 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 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA .:,,,,' ~ ~" JANUARY 20, 1998 Commission comments and comments added this evening. Commissioner Tillman seconded the motion that carried 4-1. (Commissioner Bradley dissented.) Motion .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 ::'1.' y.-:\\,,-__.~_-.4~J. >>~~.,) ~.' .~ . ",' ~: -:'i ~,'~; ..",' _..... ;fi;' : 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 REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6,1998 Woolbright Road is a County roadway, they set the Level of Service. This project is well within the limits of the Traffic Circulation Element as it relates to all of the roads. This project has been designed to be sensitive to the commercial activities and residential community bordering it The project has all of the characteristics of a mixed-use project. and is appropriately located. The commercial portions of the project are quiet There are day impacts, but there is no noise, odor, or early or late hours. It is consistent with the character of the surrounding area. Higher densities are not being proposed. This project will not change the character of Lake Boynton Estates. Lake Boynton Estates is one-quarter mile north of this project, across a five-acre preserve and a 12-acre retention area that is permanent open space. In addition, it is across a four-lane divided highway. The Vinings Apartment Complex is adjacent to the residential portion of this proposed project The Vinings is 16.8 units per acre. There are 13 beds per acre in this proposed project The First Baptist Church purchased this property for their future church. When the church was proposed, deed restrictions ran with the land and the surrounding area. Those restrictions would not allow certain uses to be built within close proximity of the church. Those deed restrictions have expired, and some of those uses have been developed. The church no longer feels this location is appropriate for their use. This project is compatible with the scale. It is across from the 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 REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 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. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH. FLORIDA JANUARY 6,1998 Bulent Kastarlak, Director of Development. feels the size of the medical building is equivalent to a hospital. This facility alone is 67.000 square feet. This is not a neighborhood type of medical facility. He does not feel this site plan is sensitive to the quality of the environment in this area. In addition, he pointed out that the road narrows to two lanes just a few hundred yards north of this project. This will present a traffic problem. Mr. Rennebaum stated that his entire discussion was based on the two-lane roadway - not the four-lane roadway to the south. 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. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6,1998 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. i J J? cS-r , I ! L! _--- ~Rd _1- i I ...L~ ~ :~~ J:H 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. II L..- a ....../1 . ....~ ee.' . , '~\ ~ -, '0 1/8 ,": Till 1 II ~'O 400. 800 FEET ~r N 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. 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M ~ ~ ' PI05-022 PRO PER T Y X SEA R C H V A L U E S ~ FOLIO: 08-43-45-29-25-002-0000 ~8 43 45 29 25 002 0000 S 08/94 HOWARD R SCHARLIN TR FOLIO: 08-43-45-2~25-003-0000 08 43 45 29 25 003 000~95 BOYNTON BEACH II LT~ART~SHIP SCHARLIN HOWARD R TR FOLIO: 08-43-45-29-25 08 43 45 29 25 003 0001 SCHARLIN HOWARD R T 'X' = PROPERTY, E TER PI05 I S C 12/12/97 IDE N T I F I CAT ION LEGAL DESCRIPTIONS WOOLBRIG~T ~AC~~ 1 $100 TR B A/ A WATE~MT TR L 9705 CONT 9.6 -- - $1,835,000 L 0000 L 9900 L 9900 SCROLL FORWARD READY WOOLBRIGHT PLACE PL 1 TR C A/K/A HOUSING & REC TR CONT 49.65 AC 1992 BACK ASSESSMENT FOR 08-43-45-29-25-003-0000 1993 BACK ASSESSMENT FOR 08-43-45-29-25-003-0000 F5 = SCROLL BACK FI0 = HELP ISC PI05-022 PRO PER X SEA R C H V A L U FOLIO: 08-43-45-29-25-003-00 08 43 45 29 25 003 0003 S N/ I S C 12/12/97 IDE N T I F I CAT ION LEGAL DESCRIPTIONS 1994 BACK ASSESSMENT FOR 08-43-45-29-25-003-0000 L 9900 SCHARLIN HOWARD R TR ~---------------------------------------------------------------------------- ~FOLIO: 08-43-45-29-25-003-0010 WOOLBRIGHT PLACE PL 1 08 43 45 29 25 003 0010 S 01/97 $800,000 TR C K/A HOUSING & REC TR L 0800 (LESS PB74P101 & PAR K/A PROP KENNEDY PROPERTIES LTD VININGS AT BOYNTON BEACH PH 2 ------------------------------------------------------------------------------ FOLIO: 08-43-45-29-25-003-00 0 08 43 45 29 25 003 0020 S 03/95 1,835,000 L 0800 WOOLBRIGHT PLACE PL 1 TH PT OF TR C K/A PROP VININGS AT BOYNTON BEACH PH 2 AS IN OR8662P1659 BOYNTON BEACH 2 LTD PARTNRS ~-;~~~~~-~~=~;=~~=;~=;~=~~~=~~~~----------------;~~~~~~~~~-;~~;-;~-~--------- 08 43 45 29 25 005 0000 S 08/94 $100 TR E A/K/A TREE PRESERVATION L 9600 TR HOWARD R SCHARLIN TR 'X' = PROPERTY, ENTER PI05 F4 = SCROLL FORWARD F5 = SCROLL BACK F10 = HELP ISC READY PI05-022 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 L 0300 WITHIN CONT 14.18 AC PRO PER T Y ~ SEA R C H V A L U E S ~ FOLIO: 08-43-45-29-25-006-0000 08 43 45 29 25 006 0000 S NIA FIRST BAPTIST CHURCH OF ~;~~~~~-~~=~;=~~=;~=;~=~~;=~~~~----------------;~~~;;~~;;-;~~~;-;~-~--------- 08 43 45 29 25 007 0000 S 12/90 $100 TR G (LESS PB78PI09) AIKIA L 8900 LIFT STA TR CITY OF BOYNTON BEACH ;:;~~~~~-~~=~~=~~~;~~~~=~~g~~/:~~-----:::~:::----~~~~;;~~-;~;~;;~-------------- 754 SW 1 AVE L 0100 JOHN P WARNER &W LISA A FOLIO: 08-43-45-29-26-000-0 20 08 43 45 29 26 000 0020 S 01/9 746 SW 1 AVE MARTA C RAMIREZ 'X' = PROPERTY, ENTER F4 = PI05 ANNORENO ESTATES $100 LT 2 L 0100 FORWARD F5 = SCROLL BACK FI0 = HELP 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 x L 9900 STROW HAROLD E FOLIO: 08-43-45-29-2 ANNORENO ESTATES 08 43 45 29 26 000 0140 $100 LT 14 751 W OCEAN DR L 0100 ROBERT P BIERBRAUER MA F ~;~~~~~-~~=~;=~~=;~=;;=~~O=~~~~----------------~~~~~~~-~;-;~;~;~~-;;~~~-;~-~- 08 43 45 29 27 000 0010 S 03/95 $1,562,400 PAR A 100 NEW LAKES DR L 0300 BOYNTON BEACH LTD PTNRSHP ~;~~~~~-~~=~;=~~=;~=;;=~~~=~~~~----------------~~~~~~~-~;-;~;~;~~-;;~~~-;~-~- 08 43 45 29 27 001 0000 S 03/95 $1,562,400 TR A K/A PRIVATE ROADWAY L 9400 BOYNTON BEACH LTD PTNRSHP 'X' = PROPERTY, ENTER F4 = SCROLL FORWARD F5 = SCROLL BACK PI05 F10 = HELP ISC READY I S C IDE N T I F I CAT ION LEGAL DESCRIPTION~S VININGS AT BQXN~_2f. ACH 1 $1,562,400 TR L K/A~~A~~GM L 9500 '\:::=: ~~~~~~i:~~;;i~i~~;;;~~;;----------------~;~~;;ii:~:;~;~~PH ~ PI05-022 PRO PER T Y xflJ:) SEARCH VALUES ~~LIO: 08-43-45-29-27-012-0000 08 43 45 29 27 012 0000 S 03/95 12/ 12/97 L 0800 BOYNTON BEACH 2 LTD PARTNRSHIP BOARD OF $88,900 L 8600 30-45-43, PAR LYG BET E LI OF BLKS 34 & 64 IN PB5P73 & E SEC LI (LESS E 79 FT RD R/W) FOLIO: 08-43-45-30-0 08 43 45 30 00 000 1010 FOLIO: 08-43-45-30-00-000-1020 08 43 45 30 00 000 1020 3 $7,967,600 L 1000 19-45-43, TH PT OF L-24 CNL R/W IN OR8215P629 (LESS E 60 FT CONGRESS AVE RD R/W) BOYNTON BEACH DEVELOPM 'X' = PROPERTY, ENT PI05 FORWARD F5 = SCROLL BACK F10 = HELP ISC READY f}'; 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. .'~'" ...........1. ",,' ~..... -c..' - . I 'gs .... t ~ . O~, I=1E 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", ,,_."-./) -' ~.~~ 1~C;J , . " PCGh - '~ I ! L \ ~ IS: -.- ...~',' ......'> ~~. 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