AGENDA DOCUMENTS
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SCANNED
JUN - 8 2005
PLANNING AND
ZONING DEPT.
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APPROVAL DOCUMENTS
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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
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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
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TO:
JimCherof
City Attomey
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Michael W. Rumpf
Acting Planning and Zoning Director
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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-
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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,
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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.
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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:
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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
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Vice Mayor
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Mayor Pro Tern
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
8:ca\ord\Pir.t Bapti.t Church Land U.e
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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
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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
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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
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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
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Mayor
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Vice Mayor
Mayor Pro Tern
Commissioner
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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 /' ../
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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 ~
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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.
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Department Head's Signature
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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 -
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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~
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EXHIBIT "B"
CONDITIONS OF APPROVAL
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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
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LOCATION MA~ .~
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WOOLBRIGHT PLACEPUD-
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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
/