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AGENDA DOCUMENTS ~ , SCANNED JUN - 8 2005 PLANNING AND ZONING DEPT. LE GftL / APPROVAL DOCUMENTS ~ . AGENDA DOCUMENTS .I-LEGAL CITY OF BOYNTON BEAC: ITEMS B.3 & B.4 AGENDA ITEM REQUEST FO__ _ Requested City Commission Meetine: Dates Dat~ Final Fonn Must be Turned Requested City Commission in to Cit\! Clerk's Office Meeting: Dates Date FinaJ Form Must be Turned in to Citv Clerk's Office o May 5,1998 o May 19, 1998 April 24, 1998 (noon) 181 July 7,1998 May 8,1998 (noon) 0 July 21,1998 June 26, 1998 (noon) July 10, 1998 (noon) NATURE OF AGENDA ITEM o Administrative o Consent Agenda o Public Hearing o Bids o Announcement o Development Plans o New Bu,iness 181 Legal o Unfmished Business o Presentation RECOI\fMENDA TION: Please place the attached ordinances, pertaining to the request below, on the July 7, 1997 City Commission meeting agenda under Legal, Ordinances. These amendments to the Comprehensive Plan were approved at the January 20, 1998 City Commission meeting. As you may recall the requests were in connection with the desire of the First Baptist Church of Boynton Beach to sell their property within the Woolbright Place PUD for the eventual development of a health care campus. Item #1 is the amendment and rezoning of the existing church parcel to allow for the planned health care campus; and Item #2 is the reclassification of the remainder of the Woolbright Place PUD to a higher land use classification to offset the affect from the loss of acreage (14.18 acres) on density. As Items #1 and #2 represent a large-scale amendment to the Comprehensive Plan, the proposed amendments were transmitted to the Florida Department of Community Affairs (DCA) for approval. On June 8, 1998, we received comments back from the DCA and now have 60 days to adopt them. Therefore, staff recommends that the attached ordinances be approved for adoption. EXPLANATION: PROJECTS: Item # I -First Baptist Church of Boynton Beach (land use amendment and rezoning) Item #2-Woolbright Place PUD (land use amendment) Unruh-Smith & Associates First Baptist Church of Boynton Beach, Boynton Beach I Ltd. Partnership, and Boynton Beach II Ltd Partnership. Woolbright Place PUD (east and west sides of S.W. 8" Street, one-quarter mile north of the intersection of S.W. 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. AGENT: OWNER: LOCATION: PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~~t,r:~~~ Department H ad's Signature Development Department Name City Manager's Signature A c- z<, ~ Acting Director of Pli:img and Zoning J \SHkDATA\PLANNTNG\SHAREDIWP\PROIECTS\FIJlST BAPTIST CHURCH OF BBIJ..UAA.IlEZN\AGENDA ITEM REQUEST 7.7-98 DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 98-177 /'/ , i I --.~~- , - . <,,', + ";. '" . ,^ JUN IS9I R[CBVED _, ":"\', ,^ TO: JimCherof City Attomey ;t~e- Michael W. Rumpf Acting Planning and Zoning Director . , ) -'~\ '.,;)~ ,~::....:::"";~ ....- ...~. FROM: 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:lShrdataIPlanninglShared\WplProjedslFim Baptist Church of B8\ORDINANCE REQUEST. doc XI. LEGAL B 3 ORDINANCE NO. 098- ! 'I 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 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 LOCAL RETAIL COMMERCIAL DEVELOPMENT (PCD) ; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE, :i " , 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 Elemp.nt of a Comprehe~sive 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. 'I NOW, THEREFORE, BE I r ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is I hereby amended to reflect the following: , i ;1 That the Future Land Use of the following described ! i land shall be designated as Local Retail Commercial. Said land is more particularly described as follows: according to the recorded in Plat through 49 in the Palm Beach County, S@ction 2 ~ That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. S~ct ion 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 Ordi~ance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this day of July, 1998. SECOND, FINAL READING and PASSAGE, this day of , 1998. CITY OF BOYNTON BEACH, FLORIDA Mayor il Vice Mayor ii I: ii II I Mayor Pro Tern Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) 8:ca\ord\Pir.t Bapti.t Church Land U.e I, !I II I, 'I i: 'I ! I ~ i I ~ ., Xl - LEGAL 8.4 ORDINAf\lLE NO. 098- 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, SEVERABILrTY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the Oty of Boynton Beach, Florida has adopted Ordinance No. 91-70, In which a Revised Zoning Map was .' adopted for said Oty; 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, Oty 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 Commerdal Development (PCD); and WHEREAS, the Oty 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 cln OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: I 'I II . II be and the same is hereby rezoned from Planned Unit Development (PUD) to I Planned Commercial Development (PCD). A location map is attached hereto as I Exhibit "A" and made a part of this Ordinance by reference. Attached as Exhibit Tract F, Woolbright Place Plat No.1, according to the Plat thereof recorded in Plat Book 67, page 47 through 49 in the Public Records of Palm Beach County, Florida. as "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 Oty 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 ordinance shall become effective immediately upon pa ge. FIRST READING this day of .1998. day of .1998. SECOND, FINAL READING and PASSAGE this ATTEST: aty Clerk (Corporate Seal) s:ca\Ord\Rezonjng Rrst Baptist 0Vd1 I I' " ,I " " i' I CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner XI - LEGAL ITEM 8.5 ORDINANCE NO. 098- 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. 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 folloHed; 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, THEREPORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ~:~r: Sect ion 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 i ~ ! Said , I I I I I, shall be designated as High Density Residential. 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. Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Sect ion 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 compelA!nt jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. S@~t.ion 5. This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon .ne issuance of a final order finding it in compliance. FIRST READING this day of July, 1998. SECOND, FINAL READING and PASSAGE this day of , 1998. CITY OF BOYNTON BEACH, FLORIDA I' Ii , , I I, Mayor !I ; , " II 'I Vice Mayor Mayor Pro Tern Commissioner II II ATTEST: II II 'I Ii Ii " Commissioner City Clerk (Corporate Seal) s:ca\ord\Woolbright Place Church Land Use CIT) OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date FinaJ Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meetine: Dates Date FinaJ Fonn Must be Turned in to City Clerk's Office o May 5, 1998 o May 19, 1998 April 24, 1998 (noon) 181 July 7, 1998 o July 21, 1998 June 26, 1998 (noon) May 8, 1998 (noon) July 10, 1998 (noon) NATURE OF AGENDA ITEM o Administrative o Consent Agenda o Public Hearing o Bids o Announcement o Development Plans o New Business 181 Legal o Unfmished Business o Presentation RECOMMENDATION: Please place the attached ordinances, pertaining to the request below, on the July 7,1997 City Commission meeting agenda under Legal, Ordinances. These amendments to the Comprehensive Plan were approved at the January 20, 1998 City Commission meeting, As you may recall the requests were in connection with the desire of the First Baptist Church of Boynton Beach to sell their property within the Woolbright Place PUD for the eventual development of a health care campus. [tern #1 is the amendment and rezoning of the existing church parcel to allow for the planned health care campus; and Item #2 is Ihe reclassification of the remainder of the Woolbright Place PUD to a higher land use classification to offset the affect from the loss of acreage (14. [8 acres) on density. As Items #1 and #2 represent a large-scale amendment to the Comprehensive Plan, the proposed amendments were transmitted to the Florida Department of Community Affairs (DCA) for approval. On June 8, 1998, we received comments back from the DCA and now have 60 days to adopt them. Therefore, staff recommends that the attached ordinances be approved for adoption. EXPLANATION: PROJECTS: [tern # I-First Baptist Church of Boynton Beach (land use amendment and rezoning) Item #2- Woolbright Place PUD ([and use amendment) Unruh-Smith & Associates First Baptist Church of Boynton Beach, Boynton Beach [ LId, Partnership, and Boynton Beach II LId Partnership. Woolbright Place PUD (east and west sides ofS,W, 8"' Street, one-quarter mile north of the intersection of S. W, 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. AGENT: OWNER: LOCATION: PROGRAM IMPACT: NM FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Head's Signature Deve[opment Department Name City Manager's Signature 7~- -7 /' ../ "\..... ~- '-~-...,....~ Acting Director of P[al1ning and Zoning J:\SHRDATAIPlANNTNG\SHAREDlWP\PROJECTS\FIRST BAPTIST CHURCH OF BB\lUAR-REZN\AGENDA ITEM REQUEST 7-7-98.DOC City Attorney I Finance / Human Resources CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetine: Dates in to City Manaeer's Office Meetine: Dates in to City Manager's Office 0 December 16, 1997 December 5, 1997 (noon) 0 February 17, 1998 February 6, 1998 (noon) 0 January 6, 1998 December 19, 1997 (noon) 0 March 3,1998 February 20,1998 (noon) 181 January 20, 1998 January 9, 1998 (noon) 0 March 17, 1998 March 6, 1998 (noon) 0 February 3, 1998 January 23, 1998 (noon) 0 April 7, 1998 March 20, 1998 (noon) RECOMMENDATION: At the January 6, 1998 City Commission meeting, the requests below were tabled until the January 20" meeting in order to allow staff the time to investigate possible measures to mitigate the traffic impact of the church land use amendment and rezoning, As of the date of this memorandum, staff has not completed their investigation. Staffwill provide a verbal report at the meeting. These three (3) applications are all requested by Unruh Smith & Associates in connection with the desire ofthe First Baptist Church of Boynton Beach to sell their property within the Woolbright Place PUD for the eventual development of a health care campus. As the proposal for the health care campus represents the primary application, on which the existence of the other applications are based, staff recommends that the order of review be as follows: Item # I is the amendment and rezoning ofthe existing church parcel to allow for the planned health care campus; Item #2 is the amendment of the existing Woolbright Place PUD to extract the church parcel from the master plan to allow for the establishment of a separate master plan; and Item #3 is the reclassification of the remainder of the Woolbright Place PUD to a higher land use classification to offset the affect from the loss of acreage (14, I 8 acres) on density, The significance of ordering the items as described herein is to eliminate the review of Items #2 and #3 ifItem #1 is denied, IfItem #1 is approved by the Commission, then Items #2 and #3 should be reviewed. IfItem #1 is denied by the Commission, the remaining items should not be considered (or automatically denied), With respect to Planning and Development Board review, Items # 1 and #2 were approved by a 4-3 vote, and Item #3 was approved by a 5-2 vote. As Items #1 and #3 represent a large-scale amendment to the Comprehensive Plan, this stage of the review process is the review by the Commission for transmittal to the Florida Department of Community Affairs (DCA), Ordinances will be processed following approval by the DCA, EXPLANATION: PROJECTS: Item # I-First Baptist Church of Boynton Beach (LUAR 97-002) Item #2-Woolbright Place PUD Master Plan Modification (MPMD 97-006) Item #3-Woolbright Place PUD Land Use Amendment (LUAR 97-004) Unruh-Smith & Associates First Baptist Church of Boynton Beach, Boynton Beach I LId, Partnership, and Boynton Beach II Ltd Partnership. Woolbright Place PUD (east and west sides ofS.W, 8" Street, one-quarter mile north of the intersection of S.W, 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. AGENT: OWNER: LOCATION: PROGRAM IMPACT: WA FISCAL IMPACT: N/A \\CHlMAIN\SHRDA T A\PLANNING\SHARED\WP\PROIECTS\FIRST BAPTIST CHURCH OF BB\LUAR-REZN\AGENDA ITEM REQUEST 1-20-98.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: In progress. Department Head's Signature City Manager's Signature Development ",,-Repartment Name ~ ~~k ,~, <j. Planning and Zooing Director \\CH\MAIN\SHRDA T A\PLANNING\SHARED\WP\PROJECTS\FIRST BAPTIST CHURCH OF BB\LUAR-REZN\AOENDA ITEM REQUEST 1-20-98,DOC VI!. PUBLIC HEARING B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date FinaJ Form Must be Turned Requcsted City Commission Date Final Form Must be Turned Mcetimr: Dates in to City Manuer's Officc Meeting: Dates in to City Man82el"s Office 0 December 16, 1997 December 5, 1997 (noon) 0 February 17, 1998 February 6,1998 (noon) 181 January 6, 1998 December 19. 1997 (noon) 0 March 3, 1998 February 20, 1998 (noon) 0 January 20. 1998 January 9. 1998 (noon) 0 March 17. 1998 March 6.1998 (noon) 0 February 3. 1998 January 23. 1998 (noon) 0 April 7. 1998 March 20. 1998 (noon) RECOMMENDATION: Please place the requests below on the January 6, 1998 City Commission meeting agenda under Public Hearing. These three (3) applications are all requested by Unruh Smith & Associates in connection with the desire of the First Baptist Church of Boynton Beach to sell their property within the Woolbright Place PUD for the eventual development of a health care campus. As the proposal for the health care campus represents the primary application, on which the existence of the other applications are based, staff recommends that the order of review be as follows: Item # I is the amendment and rezoning of the existing church parcel to allow for the planned health care campus; Item #2 is the amendment of the existing Woolbright Place PUD to extract the church parcel from the master plan to allow for the establishment of a separate master plan; and Item #3 is the reclassification of the remainder of the Woolbright Place PUD to a higher land use classification to offset the affect from the loss of acreage (14.18 acres) on density. The significance of ordering the items as described herein is to eliminate the review of Items #2 and #3 if Item # I is denied If Item # I is approved by the Commission, then Items #2 and #3 should be reviewed If Item # I is denied by the Commission, the remaining items should not be considered (or automatically denied). With respect to Planning and Development Board review, Items #1 and #2 were approved by a 4-3 vote, and Item #3 was approved by a 5-2 vote. As Items #1 and #3 represent a large-scale amendment to the Comprehensive Plan, this stage of the review process is the review by the Commission for transmittal to the Florida Department of Community Affairs (DCA). Ordinances will be processed following approval by the DCA. EXPLANATION: PROJECTS: Item # I-First Baptist Church of Boynton Beach (LUAR 97-002) Item #2-Woolbright Place PUD Master Plan Modification (MPMD 97-006) Item #3- Woolbright Place PUD Land Use Amendment (LUAR 97..()()4) Unruh-Smith & Associates First Baptist Church of Boynton Beach, Boynton Beach I LUl Partnership, and Boynton Beach II LId Partnership. Woolbright Place PUD (east and west sides of S.W. 8" Street, one-quarter mile north of the intersection of S. W. 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. AGENT: OWNER: LOCATION: PROGRAM IMPACT: N/A FISCAL IMPACT: N/A S:\Pl.ANND'ID\5HAREWP\PIlOIECTS\F1RST BAPTIST CHUIlCH Of BB\LUAJl-IlEZN\AGENDA lTEM REQUEST 1-6-91.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Staffs negative recommendations are based on the traffic impacts from the proposed project oq S.W. 8th Street. It is the opinion of staff that the impacts could be lessened by reducing the size of the medical office building. which use generates the majority of all traffic associated with the proposed master plan. Based on the possible lack of demand for three floors of office space, staff recommends that the building be reduced to two stories, which would reduce total projected project traffic by a total of 768 trips. ~b,crI~ Department Head's Signature - ~'c/ ~ /)),'jJl/~) ty Manager's Signature Development Department Name ~U~~ P arming and Zonin ctor S:\PLANNINO\SHAAED\WP\PROJECTS\FIRST BAPTIST CHUJlCH OF BB\LUAIl-REZN\AGENDA ITEM UQUEST 1-6-9I.DOC , DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-596 TO: Chairman and Members Planning and Development Board THROUGH: Tambri J. Heyden, AICP7'j<I.J Plannin9 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 Hi9h 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 conform to the density established when the 14.18 acres is removed from the PUD. I This request has been submitted in connection with the relinquished desire of the -First Baptist Church of Boynton Beach to relocate their church facility to this site within the existing Woolbright Place PUD. The application indicates that the church lost interest in this site when restrictive covenants, established when the property was acquired, were not adhered to. According to the justification statement inclw:led within the application, The Declaration of Restrictive Cnvenants, which was intended to ensure a desired atmosphere and environment around the church property, was breached when uses were approved within the Shoppes of Woolbright PCD that involved alcoholic beverages, tobacco, drive-in restaurants and automobile service stations. The First Baptist Church of Boynton Beach now desires to sell the property, and "market and sell it in the most advantageous way. (from application justification statement). With respect to the minimum consent required to initiate this amendment, the Land Development Regulations, Chapter 2, Section 9. Administration and Enforcement, applies to this request: 3. Initiation of amendments. "Amendments to the zoning regulations and the future land use plan shall be initiated only by the City Commission, the planning and development board, or by the petition of the owners of not less than flfty-one (51%) of the area involved in the amendment." This consent requirement is achieved with the consent by the First Baptist Church of Boynton Beach and Trammel Crow Residential (owner of The Vinings apartments), which together represents 59% of the land area within the original master plan. The consent by only Trammel Crow Residential, for that portion of the master plan, less the church parcel (Tract 'P'), represents ; 51 % of the total land area. PROCEDURE Pursuant to the Land Development Regulations, Chapter 2, Section 9-Administration and Enforcement, when a request includes an amendment to the Future Land Use Map, staff analyses shall include an evaluation of the project using the eight (S) criteria under Section 9 (C}(7). For this analysis, please see the section below titled ISSUESlDISCUSSION. A requirement in connection with a land use element amendment that involves property in excess of 10 acres (or density in excess of 10 units/acre), is the ultimate review by the Florida Department of Community Affairs (DCA). The DCA will conduct two reviews of this proposed amendment. The first review by the DCA follows approval for transmittal by the City Commission (prior to ordinance readings), and the second review, for compliance or consistency, following approval of the ordinance by the city. ADJACENT LAND USES AND ZONING The land uses and zoning in the surrounding area vary and are presented in the table that follows: Direction Zonina Land Use - North R-1-A single family homes (Lake Boynton Estates) East N/A Seaboard Airlines Railroad Farther east M-1 Four-Steel Corporation and vacant land South PCD Shoppes of Woolbright PCD J West PCD (proposed) R-1-AA health care complex (proposed) single family homes (Palm Beach Leisureville) Farther west NIA L.W.D.D. E-4 Canal ISSUESIDISCUSSION Pursuant to Section 9.C.7 of the Land Development Regulations, staff shall evaluate land use amendment/rezoning applications with respect to the following criteria: 1) WHETHER THE PROPOSED REZONING WOULD BE CONSISTENT WITH APPLICABLE COMPREHENSIVE PLAN POLICIES. The Boynton Beach Comprehensive Plan addresses land use plan amendments and specifically, the conversion of land to higher densities. The fOllowing Comprehensive Plan objectives, policies, and support documenttexl, apply to the subject requests and are analyzed below: Policy 1.4.13 - 'Subsequentto Plan adoption, establish procedures to provide that the City shall oppose requests for changes in land use which are in conflict with the City of Boynton Beach or Palm Beach County Comprehensive Plan."; Objective 1.17 - "Minimize nuisances, hazards, and other adverse impacts to the general public, to property values, and to residential environments by preventing or minimizing land use conflicts."; and Policy 1.17.8 - "Maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities." The general intent of the above-referenced policies and objective is to maintain land use compatibility. As the Woolbright Place PUD is already approved at a density of 10.42 units per acre (excluding the church parcel), the proposed change will have no impact on the adjacent residential uses and corrects a problem between the approved density that exists and the maximum density designated by the property's land use designation. It should also be noted that the portion of the PUD that remains undeveloped is already classified High Density Residential, and includes the approval of 16 duplex units. Although the High Density Residential Classification would allow nearly 36 units on this undeveloped portion of the PUD, the narrow configuration of this property would preclude the development of additional units beyond the current approval. Therefore, realistically, this proposed reclassification would have no impact upon the actual development potential of the PUD. Although also an unlikely scenario, the complete redevelopment of this property would enable the site to be developed under the proposed High Density Residential classification. However, this action would only increase the total number of possible units to 723 units, or, an additional 76 units more than currently exists on the site. Given that the 548 apartment units are only an estimated one year old, and that the 83-unit Crystal Key development is currently under-construclion, redevelopment of this site would not occur within the planning time-frames of the Comprehensive Plan. 2) WHETHER THE PROPOSED REZONING WOULD BE CONTRARY TO THE ESTABLISHED LAND USE PATTERN OR WOULD CREATE AN ISOLATED DISTRICT UNRELATED TO ADJACENT AND NEARBY DISTRICTS, OR WOULD CONSTITUTE A GRANT 3 OF SPECIAL PRIVILEGe TO AN INDIVIDUAL PROPERTY OWNER AS CONTRA5 TED WITH THE PROTECTION OF THE PUBLIC WELFARE. In addition to the fact that this property is nearly developed, and almost at the density allowed by the proposed land use classification, the land uses developed within this PUD are generally appropriate from the perspective of proper land use planning, Providing a buffer from the Shoppes of Woolbright PCD to the south, is the multi-family development "The Vinings' apartments constructed at a density. Then, buffering the low density, Lake Boynton Estates Subdivision to the north, is the single-family development "Crystal Key'. 3) WHETHER CHANGED OR CHANGING CONDITIONS MAKE THE PROPOSED REZONING DESIRABLE. The only changed condition that may justify the proposed amendment is the realization that the existing/approved density within this PUD exceeds the maximum density allowed by the Comprehensive Plan. By amending the Future Land Use Map as proposed, the existing and proposed density (assuming the request to remove the 14.18 acres from the PUD is approved) , would be in compliance with the Comprehensive Plan. 4) WHETHER THE PROPOSED REZONING WOULD BE COMPATIBLE WITH UTILITY SYSTEMS, ROADWAYS, AND OTHER PUBLIC FACILITIES. As already indicated, this PUD is nearly built-out, therefore, all impacts from this site have been evaluated or absorbed by current facilities, and/or accommodated by the necessary facility expansions. Although this request has been submitted in direct connection with the petition known as the First Baptist Church Land Use Element Amendment (LUAR 97-002), which if approved would increase demands upon public facilities within this area of the city, such potential impacts are analyzed within the respective staff report (see Division Memorandum No. 97-599). 5) WHETHER THE PROPOSED REZONING WOULD BE COMPATIBLE WITH THE CURRENT AND FUTURE USE OF ADJACENT AND NEARBY PROPERTIES, OR WOULD AFFECT THE PROPERTY VALUES OF ADJACENT AND NEARBY PROPERTlESIWHETHER THE PROPOSED REZONING IS OF A SCALE WHICH IS REASONABLY RELATED TO THE 'NEEDS OF THE NEIGHBORHOOD AND THE CITY AS A WHOLE. As indicated above, the proposed amendment would not generate additional impacts above those currently, or ultimately to be generated by the PUD. Furthermore, if the amendment is approved, any subsequent modifications to the existing master plan to utilize the increase in maximum density would require approval to modify the master plan. The city is therefore able to both ensure that the density does not increase beyond that density on which the existing PUD was approved, and that this amendment would have not negative impacts upon adjacent properties. With respect to the potential of the High Density Residential classification to influence the conversions of those perimeter properties within the Lake Boynton Estates Subdivision to higher densities, those properties are also built-out, and this would be prevented by the city through the application and furtherance of Comprehensive Plan Policy 1.17.8 (see entire policy above under Item #1). 6) WHETHER THE PROPERTY IS PHYSICALLY AND ECONOMICALLY DEVELOPABLE UNDER THE EXISTING ZONING. This criterion is not applicable, as this site is nearly built-out, and almost to the maximum density allowed. 7) WHETHER THERE ARE ADEQUATE SITES ELSEWHERE IN THE CITY FOR THE PROPOSED USE, IN DISTRICTS WHERE SUCH USE IS ALREADY ALLOWED. No change in the existing master plan is proposed. 4- RECOMMENDATION Based on the analysis and discussions contained herein, this request for an amendment to the Comprehensive Plan Future Land Use Element is consistent with the Comprehensive Plan. Therefore, staff recommends that this request for an amendment to the Comprehensive Plan Future Land Use Map be approved, subject to the conditions of approval documented within Exhibit "B"- Conditions of Approval. Attachments xc: Central File s:\Pr.....ing\SHARED\'M"\PROJECTS\Woolbright PIKe PUD\l.UAR97.004 REP.doe ../ -) Exhibit "A" LOCATION MAP 10 LOC:\TION MAl-' ,'~ - WOOLBRIGHT PLACEPUD - - '" III LJ:',r ~'11 ' - '( - i "",,-- I I...........#;C c ' ! - ~ i ~./. '. ~o.l : TI1"" ~~6 .. --. '-- . ~ -'~./ II 11-1'11" I IU ===- ~pcc I ----t.-:M T1 II + ~ ITO^, r 4~^C.r~ -_.:-~ . ~ ~~:;:: T I , ~ ~- TIrJ/ : 1\ '...l.. (-~'s:;~_~0' ~I- ~.., II L~r~~;~,I~~~l'" ~ ~ '1 . ~:\.~ .....~~: :~lj-HI i Illl~:s~ml~ ~ I .:: : "Ii': :M- : . [liioiWll!I!lJlUlI''''~~ F--, "II i .i1f' ::"........,..."./ \&) :' ";L ~~!.. 1';;;; '., mIIIlIl [ITll i I Lr.1 ill I - i: I' I I ' i I,::::' .-" __ u. 1~r.~..... ~rm1"L!lI'" illl,llll'.. '- ~u.." 1!I'!Jl'q.,\.~. .;.. ;!IU;\ii,' ';"i\,1 r'L. 1.0';- f.:' i= ---;- ...,-- Fa: ,'":,,, r- '- - '. -r I I \ ~ """i.. .r . ;'1 ~ j:: f-.r -,r';iTTl , . I "I-P"'-I-"" .. ~ ':--:'-'\-,~ :. t- !i '}.++t !-.;.l.., :J.~ ':'1.T""". =.. .IT 1 : .Y~I-ir:t\ uJtt.U:ill \ l' ~ J ..:j..:7!/I' .b~~~-.:4 -::r..I'II'U't.- Itt~1 ~p:TH+rlr,:I~[:. +..,~~ ~I""'~ I"", Li:tB:r:;=:V '"..: ilL ':1 ,-';;:;,~,:~ ~J\ , " "lit;' "::ii} ~ [~~\~~ ~(,~.: '., ~~,... L-- ,I .1 1141,.!-rfl!!~-::::~ '~'a.-ll " l~IIIJIL~.~ : , ' . . /,-:J.~"~~"" '" ,',\-: I ITJJIIIII:]]~r,' , I .r~FI ~. ~ 'I' Ifl:: I,'. ,......~ l ~ ,. i li'Ti' " ',II' '..... ~".", /:'h' . '.' .\\:~\\.f-1 ','i,' 4. 18acre I I~ _' ti:/<), f~\\ ~\\V~\\;j \trac\ \ ~....,u I'~, :.~:. 'o~~' fji ~ I',: (,\" \ '.~, ..l ", ' \.... ;', r:. /~,..:-; l.~:3 ': ~..,\ \ \ ~ . . \ r': s:i" \\', JJ~ ".'.......:~ ""'p': ,I: " ~,' I""'l'-~ il , . \" E~.:.l~~1 1.i -.. ,~h -t"".""-=-- T I ~ I" : ' "1j..... 1 ... - ."" ~ ~ .. 'I "'" - "I ~ "~.. + -(iP-.".. ~J -,.-- I '4/..1 \:,., , .. -.:..:1 ' .- I:!'" '\'r>~ .b~ ts:: n ]~~I ...3S)I,-~C~~1-~-~--~.~~~/",-\nITlr~ FH~ - ~ -~ll' ,.IJ l\ 1111 ,~I , .,0" l,~'...,r,..J X.if lIii'...... . _...~ ~ tl~j: 1t.t., ,. :rt~x ~ ~t~7 ~', J ~'o!l.'O 1/8 MILESV' ~ 'tJ.J.i v'/'., ~i- '1 EA<'~~~, /:. F.'t'., ",--"".' II . '111\ 'I " +::'H~~r 1~~~;'4 '.\" . j L _ : J~:\':-- J~.k~C~;;<Y:.-:~: j ~(- :ffIO '0 _~_O~_90 FEET ._ ~ ~ -Il' ,',', C -Ilifl lit' It ..II, ..l.. .' " --- , ,," M ... L.J~ ~'" C "I' ,I,d, . C II' ' " =- -~E IE. EXHIBIT "B" CONDITIONS OF APPROVAL 3 EXlllBIT "B" Conditions of Aooroval Project name: Woolbright Place PUD File number: LUAR 97-003 Reference: The clans consiSt of 5 sheets identified as 2nd Review. Land Use Plan Amendment/Rezoninl!. File # LUAR 97-003 with a November 25. 1997 P'anninl! and Zoninl! Deoartment date stamo markinl!. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X : ENGINEERING DMSION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVlRONMENTALIST Comments: None X PLANNING AND ZONING Comments: I. Tract "F" shaII maintain obligations to the Woolbright Place Master X Association as originally agreed when the PUD was established. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2 None X ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. ibme J:\SHRDATA\PLANNtNG\SHAllED\WP\PROJECTS\WLBIlTPLCIWOOLBR.IGHr PLACE PlJD.LUAR\COND_ Of APPIlOVAL,DOC 7.A.4 WOOLBRIGHT PLACE PUD LAND USE PLAN AMENDMENT/REZONING DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-596 TO: Chairman and Members Planning and Development Board THROUGH: Tambri J. Heyden, AICPW 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 conform to the density established when the 14.18 acres is removed from the PUD, I This request has been submitted in connection with the relinquished desire of the First Baptist Church of Boynton Beach to relocate their church facility to this site within the existing Woolbright Place PUD. The application indicates that the church lost interest in this site when restrictive covenants, established when the property was acquired, were not adhered to. According to the justification statement included within the application, The Declaration of Restrictive Covenants, which was intended to ensure a desired atmosphere and environment around the church property, was breached when uses were approved within the Shoppes of Woolbright PCD that involved alcoholic beverages, tobacco, drive-in restaurants and automobile service stations, The First Baptist Church of Boynton Beach now desires to sell the property, and "market and sell it in the most advantageous way" (from application justification statement). With respect to the minimum consent required to initiate this amendment, the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, applies to this request: 3. Initiation of amendments, "Amendments to the zoning regulations and the future land use plan shall be initiated only by the City Commission, the planning and development board, or by the petition of the owners of not less than fifty-one (51%) of the area involved in the amendment." This consent requirement is achieved with the consent by the First Baptist Church of Boynton Beach and Trammel Crow Residential (owner of The Vinings apartments), which together represents 59% of the land area within the original master plan. The consent by only Trammel Crow Residential, for that portion of the master plan, less the church parcel (Tract "F"), represents 51 % of the total land area. PROCEDURE Pursuant to the Land Development Regulations, Chapter 2, Section 9-Administration and Enforcement, when a request includes an amendment to the Future Land Use Map, staff analyses shall include an evaluation of the project using the eight (8) criteria under Section 9 (C)(7). For this analysis, please see the section below titled ISSUES/DISCUSSION. A requirement in connection with a land use element amendment that involves property in excess of 10 acres (or density in excess of 10 units/acre), is the ultimate review by the Florida Department of Community Affairs (DCA), The DCA will conduct two reviews of this proposed amendment. The first review by the DCA follows approval for transmittal by the City Commission (prior to ordinance readings), and the second review, for compliance or consistency, following approval of the ordinance by the city. ADJACENT LAND USES AND ZONING The land uses and zoning in the surrounding area vary and are presented in the table that follows: Direction Zonina Land Use North R-1-A single family homes (Lake Boynton Estates) East N/A Seaboard Airlines Railroad Farther east M-1 Four-Steel Corporation and vacant land South PCD Shoppes of Woolbright PCD J West PCD (proposed) R-1-AA health care complex (proposed) single family homes (Palm Beach Leisureville) Farther west N/A L.W.D,D. E-4 Canal ISSUES/DISCUSSION Pursuant to Section 9.C.7 of the Land Development Regulations, staff shall evaluate land use amendment/rezoning applications with respect to the following criteria: 1) WHETHER THE PROPOSED REZONING WOULD BE CONSISTENT WITH APPLICABLE COMPREHENSIVE PLAN POLICIES. The Boynton Beach Comprehensive Plan addresses land use plan amendments and specifically, the conversion of land to higher densities. The following Comprehensive Plan objectives, policies, and support document text, apply to the subject requests and are analyzed below: Policy 1.4.13 - "Subsequent to Plan adoption, establish procedures to provide that the City shall oppose requests for changes in land use which are in conflict with the City of Boynton Beach or Palm Beach County Comprehensive Plan."; Objective 1.17 - "Minimize nuisances, hazards, and other adverse impacts to the general public, to property values, and to residential environments by preventing or minimizing land use conflicts."; and Policy 1,17.8 - "Maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities," The general intent of the above-referenced policies and objective is to maintain land use compatibility. As the Woolbright Place PUD is already approved at a density of 10.42 units per acre (excluding the church parcel), the proposed change will have no impact on the adjacent residential uses and corrects a problem between the approved density that exists and the maximum density designated by the property's land use designation. It should also be noted that the portion of the PUD that remains undeveloped is already classified High Density Residential, and includes the approval of 16 duplex units. Although the High Density Residential Classification would allow nearly 36 units on this undeveloped portion of the PUD, the narrow configuration of this property would preclude the development of additional units beyond the current approval. Therefore, realistically, this proposed reclassification would have no impact upon the actual development potential of the PUD. Although also an unlikely scenario, the complete redevelopment of this property would enable the site to be developed under the proposed High Density Residential classification. However, this action would only increase the total number of possible units to 723 units, or, an additional 76 units more than currently exists on the site. Given that the 548 apartment units are only an estimated one year old, and that the 83-unit Crystal Key development is currently under-construction, redevelopment of this site would not occur within the planning time-frames of the Comprehensive Plan. 2) WHETHER THE PROPOSED REZONING WOULD BE CONTRARY TO THE ESTABLISHED LAND USE PATTERN OR WOULD CREATE AN ISOLATED DISTRICT UNRELATED TO ADJACENT AND NEARBY DISTRICTS, OR WOULD CONSTITUTE A GRANT 3 OF SPECIAL PRIVILEGE TO AN INDIVIDUAL PROPERTY OWNER AS CONTRASTED WITH THE PROTECTION OF THE PUBLIC WELFARE. In addition to the fact that this property is nearly developed, and almost at the density allowed by the proposed land use classification, the land uses developed within this PUD are generally appropriate from the perspective of proper land use planning. Providing a buffer from the Shoppes of Woolbright PCD to the south, is the multi-family development "The Vinings" apartments constructed at a density, Then, buffering the low density, Lake Boynton Estates Subdivision to the north, is the single-family development "Crystal Key", 3) WHETHER CHANGED OR CHANGING CONDITIONS MAKE THE PROPOSED REZONING DESIRABLE. The only changed condition that may justify the proposed amendment is the realization that the existing/approved density within this PUD exceeds the maximum density allowed by the Comprehensive Plan, By amending the Future Land Use Map as proposed, the existing and proposed density (assuming the request to remove the 14.18 acres from the PUD is approved) would be in compliance with the Comprehensive Plan, 4) WHETHER THE PROPOSED REZONING WOULD BE COMPATIBLE WITH UTILITY SYSTEMS, ROADWAYS, AND OTHER PUBLIC FACILITIES. As already indicated, this PUD is nearly built-out, therefore, all impacts from this site have been evaluated or absorbed by current facilities, and/or accommodated by the necessary facility expansions, Although this request has been submitted in direct connection with the petition known as the First Baptist Church Land Use Element Amendment (LUAR 97-002), which if approved would increase demands upon public facilities within this area of the city, such potential impacts are analyzed within the respective staff report (see Division Memorandum No. 97-599). 5) WHETHER THE PROPOSED REZONING WOULD BE COMPATIBLE WITH THE CURRENT AND FUTURE USE OF ADJACENT AND NEARBY PROPERTIES, OR WOULD AFFECT THE PROPERTY VALUES OF ADJACENT AND NEARBY PROPERTIESIWHETHER THE PROPOSED REZONING IS OF A SCALE WHICH IS REASONABLY RELATED TO THE NEEDS OF THE NEIGHBORHOOD AND THE CITY AS A WHOLE. As indicated above, the proposed amendment would not generate additional impacts above those currently, or ultimately to be generated by the PUD, Furthermore, if the amendment is approved, any subsequent modifications to the existing master plan to utilize the increase in maximum density would require approval to modify the master plan. The city is therefore able to both ensure that the density does not increase beyond that density on which the existing PUD was approved, and that this amendment would have not negative impacts upon adjacent properties. With respect to the potential of the High Density Residential classification to influence the conversions of those perimeter properties within the Lake Boynton Estates Subdivision to higher densities, those properties are also built-out, and this would be prevented by the city through the application and furtherance of Comprehensive Plan Policy 1.17.8 (see entire policy above under Item #1), 6) WHETHER THE PROPERTY IS PHYSICALLY AND ECONOMICALLY DEVELOPABLE UNDER THE EXISTING ZONING. This criterion is not applicable, as this site is nearly built-out, and almost to the maximum density allowed. 7) WHETHER THERE ARE ADEQUATE SITES ELSEWHERE IN THE CITY FOR THE PROPOSED USE, IN DISTRICTS WHERE SUCH USE IS ALREADY ALLOWED. No change in the existing master plan is proposed, if RECOMMENDATION Based on the analysis and discussions contained herein, this request for an amendment to the Comprehensive Plan Future Land Use Element is consistent with the Comprehensive Plan. Therefore, staff recommends that this request for an amendment to the Comprehensive Plan Future Land Use Map be approved, subject to the conditions of approval documented within Exhibit "B" - Conditions of Approval. Attachments xc: Central File S:\PlanningISHARED\WP\PROJECTS\Woolbright Place PUD\LUAR97-004 REP. doc ..../' j Exhibit "A" LOCATION MAP o LOC,~TION MAF- c~ WOOLBRIGHT PLACE 'PUD ~ -= \ I I 'Hj '(.(11 1""'/%' ~ c, r- ~\:[ a E ~l 1- ~ ~i, ~ ~ ~ ',"",~ m: . li~ '. il ~I:' ~ ~~ Ill- "'11 ..... "!r ~".'~\'-',-~~ ~PC:D ,~IT !II ' L~f=-- ro,^, 5~.A',! -_.....-,""""-':) II 11" - I ~1 II I I !\t:~ll c r r II w.. " 1",,11, ' ....- I ~d~- : u" 1- II ':11 I' 'I l'l'U r:l,; _111"'" " -'L- r----~d.~"~ \1 ' =1' =:1 1ill"111 1IIIIIII"IlJ)..--'"..J . ~nc:: - {" '- '_~0:' ~_ 'LliJ 111'1,' 1:11111" -~~' - ~ ' ~~ " ... ~ ,,:. Illcn III ,: II i ,I "Iq ~ II r-: I.,;. - ::P"1i"-~,':'-__-'" · Il' II" 'HII:tI iI:l.(c;;. !::;;; IH- : ~... ,:j aJl f : f-'!' i I FiG CJJiiil Illll..Ll..l..lJ. ' ' , , . ,; '.' . : "I \; i 1~,~ " ,- -Ii nllll,11ID!lJllllll '/'litll ~ =; - . ,II I I II ' I IW " : - " ." , I ~-" '';:;;:I ~ ..... - I, I : I ! I 'I I I" ._ '''''.-.----, ~\j) '", RE..; [:r.v- ' .. llIlIJlII]jJ] 1 1111' UIT III _ r - '-' __N oa , .~ H 1 \ \.. ~ I 111',jJ III ,! i I I I II 1 ' 'j ,.-- II 1-iZ:i:' \~~\~q, .1:~ - .:;: ,IILI', 'I!- ' ! 'I II Ir, t_ .', 1,[ ;~, ~i ".... ::: .~ t, I'.:' II !"~ I I 1: ""'-/ .' - -if""', '! Co L:' T'T ' , '- 7 _ 11'-'\--1 ,\1,' ',_' ~,. EC-' ..-~~ ,I ,- -:- - "r= [1' ~- , ," ~ : . - ~ml' bJ;j,.:~~.~~!II'\i-:}l.: ~L,,' ,.. li~~~i:~ ~ ~\ ~ ~ ~ t"/ L " C:"II ~-<<\.-~. ~ ) , IJ., I~:""l:n:'\, lrJ1]'~j< ,\~'~;~~~~,., " ~,,'~;' f-- ,1 T I ~=,": - ;. ;>11'./ "," \;%! ~ "II 1!LlJ:..i'!I,III., " " ,:,;v. ,",- =-c. I "-'-'lI' '- I ~~!TD"':'" , , ,', ~' , ' I ITlTIIIIITIIl. ' '~,:,::, ~~Ii>~I;:<__ ~;0~,0' }~\\\"~' ""-, i ~\=~,' ~\\~ \~\pu ~~.. , '( .. '.' R:3 ': -- --\\ I \ ~. . \ S c r! ~o '\',', ~TrrIM5 .,...._~,:: "r:T8" ~ : " -P""~~I .. I l' -II J.....lI-""\. ~I II~b ':1 lll:::;ll\~Y--:1~c~ m'll~F..~f:+:'_J~~ ~,(~.~'~'f'\ _.___ I L i i~P N-'!8<, s. :j f liFtl'_, c ~J~.-- I ~ .Its: " . ~l~: , -->-'J~~'-'~ ...-_~_-WooI.........,_~~u/./ -' - ,-+ - -.; . J -~ <... ~ .- ~ - : 'I / ~ F~ III I " R:3 1'-'1l C: 1 '. C3:,~ I I -= T , 0" ,-'--1. -f~T II- .J, ~Jf \ I I,.\.' ~~,) ....... -...: ~ ,1" ,~(~rf'ru' ' 1 'y 1)//'0 1/8 MILES( / ; .I~;) . '~" 1 <~i I III II I' ~;jrci<:;~Ec~~-,~~;j r) 1~1~.0 400~0 .~E"T ,___ 'k'7 I , ~ EXHIBIT "B" CONDITIONS OF APPROVAL ?J EXHIBIT "B" Conditions of Approval Project name: Woolbright Place PUD File number: LUAR 97-003 Reference: The plans consist of 5 sheets identified as 2nd Review. Land Use Plan AmendmentJRezoning. File # LUAR 97-003 with a November 25.1997 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 1. Tract "F" shall maintain obligations to the Woolbright Place Master Association as originally agreed when the PUD was established, ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2, To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. 9 " /{ 7.A.4 WOOLBRIGHT PLACE PUD LAND USE PLAN AMENDMENT/REZONING DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-596 TO: Chairman and Members Planning and Development Board THROUGH: Tambri J, Heyden, AICP7F!J- 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 conform to the density established when the 14.18 acres is removed from the PUD. / This request has been submitted in connection with the relinquished desire of the First Baptist Church of Boynton Beach to relocate their church facility to this site within the existing Woolbright Place PUD. The application indicates that the church lost interest in this site when restrictive covenants, established when the property was acquired, were not adhered to. According to the justification statement included within the application, The Declaration of Restrictive Covenants, which was intended to ensure a desired atmosphere and environment around the church property, was breached when uses were approved within the Shoppes of Woolbright PCD that involved alcoholic beverages, tobacco, drive-in restaurants and automobile service stations. The First Baptist Church of Boynton Beach now desires to sell the property, and "market and sell it in the most advantageous way" (from application justification statement). With respect to the minimum consent required to initiate this amendment, the Land Development Regulations, Chapter 2, Section 9. Administration and Enforcement, applies to this request: 3. Initiation of amendments, "Amendments to the zoning regulations and the future land use plan shall be initiated only by the City Commission, the planning and development board, or by the petition of the owners of not less than fifty-one (51%) of the area involved in the amendment." This consent requirement is achieved with the consent by the First Baptist Church of Boynton Beach and Trammel Crow Residential (owner of The Vinings apartments), which together represents 59% of the land area within the original master plan, The consent by only Trammel Crow Residential, for that portion of the master plan, less the church parcel (Tract "F"), represents 51 % of the total land area. PROCEDURE Pursuant to the Land Development Regulations, Chapter 2, Section 9-Administration and Enforcement, when a request includes an amendment to the Future Land Use Map, staff analyses shall include an evaluation of the project using the eight (8) criteria under Section 9 (C)(7). For this analysis, please see the section below titled ISSUES/DISCUSSION. A requirement in connection with a land use element amendment that involves property in excess of 10 acres (or density in excess of 10 units/acre), is the ultimate review by the Florida Department of Community Affairs (DCA). The DCA will conduct two reviews of this proposed amendment. The first review by the DCA follows approval for transmittal by the City Commission (prior to ordinance readings), and the second review, for compliance or consistency, following approval of the ordinance by the city. ADJACENT LAND USES AND ZONING The land uses and zoning in the surrounding area vary and are presented in the table that follows: Direction Zonina Land Use North R-1-A single family homes (Lake Boynton Estates) East N/A Seaboard Airlines Railroad Farther east M-1 Four-Steel Corporation and vacant land South PCD Shoppes of Woolbright PCD :( West PCD (proposed) R-1-AA health care complex (proposed) single family homes (Palm Beach Leisureville) Farther west NIA L.W.D.D. E-4 Canal ISSUES/DISCUSSION Pursuant to Section 9.C.7 of the Land Development Regulations, staff shall evaluate land use amendment/rezoning applications with respect to the following criteria: 1) WHETHER THE PROPOSED REZONING WOULD BE CONSISTENT WITH APPLICABLE COMPREHENSIVE PLAN POLlC/ES. The Boynton Beach Comprehensive Plan addresses land use plan amendments and specifically, the conversion of land to higher densities, The following Comprehensive Plan objectives, policies, and support document text, apply to the SUbject requests and are analyzed below: Policy 1.4.13 - "Subsequent to Plan adoption, establish procedures to provide that the City shall oppose requests for changes in land use which are in conflict with the City of Boynton Beach or Palm Beach County Comprehensive Plan."; Objective 1.17 - "Minimize nuisances, hazards, and other adverse impacts to the general public, to property values, and to residential environments by preventing or minimizing land use conflicts."; and Policy 1.17.8 - "Maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities." The general intent of the above-referenced policies and objective is to maintain land use compatibility. As the Woolbright Place PUD is already approved at a density of 10.42 units per acre (excluding the church parcel), the proposed change will have no impact on the adjacent residential uses and corrects a problem between the approved density that exists and the maximum density designated by the property's land use designation. It should also be noted that the portion of the PUD that remains undeveloped is already classified High Density Residential, and includes the approval of 16 duplex units. Although the High Density Residential Classification would allow nearly 36 units on this undeveloped portion of the PUD, the narrow configuration of this property would preclude the development of additional units beyond the current approval. Therefore, realistically, this proposed reclassification would have no impact upon the actual development potential of the PUD. Although also an unlikely scenario, the complete redevelopment of this property would enable the site to be developed under the proposed High Density Residential classification. However, this action would only increase the total number of possible units to 723 units, or, an additional 76 units more than currently exists on the site. Given that the 548 apartment units are only an estimated one year old, and that the 83-unit Crystal Key development is currently under-construction, redevelopment of this site would not occur within the planning time-frames of the Comprehensive Plan, 2) WHETHER THE PROPOSED REZONING WOULD BE CONTRARY TO THE ESTABLISHED LAND USE PATTERN OR WOULD CREATE AN ISOLATED DISTRICT UNRELATED TO ADJACENT AND NEARBY DISTRICTS, OR WOULD CONSTITUTE A GRANT ,3 OF SPECIAL PRIVILEGE TO AN INDIVIDUAL PROPERTY OWNER AS CONTRASTED WITH THE PROTECTION OF THE PUBLIC WELFARE. In addition to the fact that this property is nearly developed, and almost at the density allowed by the proposed land use classification, the land uses developed within this PUD are generally appropriate from the perspective of proper land use planning. Providing a buffer from the Shop pes of Woolbright PCD to the south, is the multi-family development "The Vinings" apartments constructed at a density. Then, buffering the low density, Lake Boynton Estates Subdivision to the north, is the single-family development "Crystal Key". 3) WHETHER CHANGED OR CHANGING CONDITIONS MAKE THE PROPOSED REZONING DESIRABLE. The only changed condition that may justify the proposed amendment is the realization that the existing/approved density within this PUD exceeds the maximum density allowed by the Comprehensive Plan. By amending the Future Land Use Map as proposed, the existing and proposed density (assuming the request to remove the 14.18 acres from the PUD is approved) , would be in compliance with the Comprehensive Plan. 4) WHETHER THE PROPOSED REZONING WOULD BE COMPATIBLE WITH UTILITY SYSTEMS, ROADWAYS, AND OTHER PUBLIC FACILITIES. As already indicated, this PUD is nearly built-out, therefore, all impacts from this site have been evaluated or absorbed by current facilities, and/or accommodated by the necessary facility expansions. Although this request has been submitted in direct connection with the petition known as the First Baptist Church Land Use Element Amendment (LUAR 97-002), which if approved would increase demands upon public facilities within this area of the city, such potential impacts are analyzed within the respective staff report (see Division Memorandum No, 97-599). 5) WHETHER THE PROPOSED REZONING WOULD BE COMPATIBLE WITH THE CURRENT AND FUTURE USE OF ADJACENT AND NEARBY PROPERTIES, OR WOULD AFFECT THE PROPERTY VALUES OF ADJACENT AND NEARBY PROPERTIESIWHETHER THE PROPOSED REZONING IS OF A SCALE WHICH IS REASONABLY RELATED TO THE NEEDS OF THE NEIGHBORHOOD AND THE CITY AS A WHOLE. As indicated above, the proposed amendment would not generate additional impacts above those currently, or ultimately to be generated by the PUD. Furthermore, if the amendment is approved, any subsequent modifications to the existing master plan to utilize the increase in maximum density would require approval to modify the master plan. The city is therefore able to both ensure that the density does not increase beyond that density on which the existing PUD was approved, and that this amendment would have not negative impacts upon adjacent properties. With respect to the potential of the High Density Residential classification to influence the conversions of those perimeter properties within the Lake Boynton Estates Subdivision to higher densities, those properties are also built-out, and this would be prevented by the city through the application and furtherance of Comprehensive Plan Policy 1.17.8 (see entire policy above under Item #1). 6) WHETHER THE PROPERTY IS PHYSICALLY AND ECONOMICALLY DEVELOPABLE UNDER THE EXISTING ZONING. This criterion is not applicable, as this site is nearly built-out, and almost to the maximum density allowed. 7) WHETHER THERE ARE ADEQUATE SITES ELSEWHERE IN THE CITY FOR THE PROPOSED USE, IN DISTRICTS WHERE SUCH USE IS ALREADY ALLOWED. No change in the existing master plan is proposed. Jf RECOMMENDATION Based on the analysis and discussions contained herein, this request for an amendment to the Comprehensive Plan Future Land Use Element is consistent with the Comprehensive Plan. Therefore, staff recommends that this request for an amendment to the Comprehensive Plan Future Land Use Map be approved, subject to the conditions of approval documented within Exhibit "B"- Conditions of Approval. Attachments xc: Central File S:\Planning\SHARED\WP\PROJECTS\Woolbright Place PUD\LUAR97..Q04 REP.doc -./ -5 Exhibit "A" LOCATION MAP o LOCATION MA~ .~ ~ WOOLBRIGHT PLACEPUD- -"", '" 'LJ.' 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It~~ll"j " H-++ *, m ,; ;c,1;;'._' ,(~ '"";) 11'0 1/8 MILESV '- \ fit'f 1-j,K<:iy..L !7;!j;." r ,.// i ~ iAtiL0' ,~c ~Uf~?]~:rffl ~\. I -' '1111 II ' ~l.<:::l,J~tr ~"d/., f' , I ~~:I:-~~~lz.CEC )':'~'/<<:.: .;.!~X} 1 ~(:!~ I D 'O__,:og_~go FEET ,~~ EXHIBIT "B" CONDITIONS OF APPROVAL 3 EXHIBIT "B" Conditions of Approval Project name: Woolbright Place PUD File number: LUAR 97-003 Reference: The plans consist of 5 sheets identified as 2nd Review. Land Use Plan Amendment/Rezoning. File # LUAR 97-003 with a November 25. 1997 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION , Comments: None FORESTERJENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 1. Tract "F" shall maintain obligations to the Woolbright Place Master Association as originally agreed when the PUD was established. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. To be detennined. ADDITIONAL CITY COMMISSION CONDITIONS 3. To be detennined. o /