LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent I. Kastarlak, NCARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Comnulnity Redevelopment
July 30, 1998
Ms. Ellen Smith
Unruh-Smith & Associates
105 S. Narcissus Avenue
Suite 503
West Palm Beach, FL 33401
Re:
First Baptist Church of Boynton Beach Land Use Amendment and
Rezoning (LUAR 97-002)
Woolbright Place PUD Master Plan Modification (MPMD 97-006)
Woolbright Place PUD Land Use Amendment (LUAE 97-004)
Location:
~ mile east of S.W. 8th Street and Woolbright Road on the east side of
S.W. 8th Street
Dear Ms. Smith:
Enclosed is the City of Boynton Beach Commission's June 2, 1998 adoption of
ordinances no. 098-24, 098-25 and 098-26, regarding the above property.
Should you have any questions regarding this matter, please feel free to contact this
office at (561) 375-6260.
Sincerely,
(L-C- ~~
Michael W. Rumpf
Acting Planning and Zoning Director
MWR:mjm
Enclosure
xc: Central File
(S:\Shrdata\Planning\Shared\Wp\Projects\Hamptons at Boynton Beach\Nwsp\Dev Order letter,doc)
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FA-X: (561) 375-6259
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ORDINANCE NO. 098-,f~
H'
.', 2 8 1998
~
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.
PLANNING AND
ZONING DEPT
r
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
El ement by Ordinance No. 89- 3 8 in accordance wi th the
Local Government Comprehensive Planning Act; and
WHEREAS I the procedure for amendment of a Future
Land Use Element of a Comprehensive Plan as set forth in
Chapter 163, Florida Statutes, has been followed; and
WHEREAS, after public hearing and study, the City
Commission deems it
ln 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
, !
IT ORDAINED BY THE CITY
THEREFORE,
BE
NOW,
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
, I
I,
\
Section
Ordinance No.
89-38
of
the City is
1 .
.
,
I,
I!
, I
I'
hereby amended to reflect the following:
That the Future Land Use of the following described
land shall be designated as Local Retail Commercial,
Said land is more particularly described as follows:
Tract F, Woolbright Place Plat No. I,
according to the Plat thereof as
recorded in Plat Book 67, page 47
through 49 in the Public Records of
Palm Beach County, Florida.
Section 2:
That any maps adopted in accordance with
the Future Land Use Element shall be amended accordingly.
Section 3:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4:
Should any section or provision of this
I
I J; Ordinance or any portion thereof be declared by a court of
i I
, I
I
competent
jurisdiction to be invalid,
such decision shall
not affect the remainder of this Ordinance,
Section 5: This effective date of this Ordinance shall
be the date a final order is issued by the Department of
Community Affairs finding this amendment to be in compliance
in accordance with Chapter 163.3184, F.S.; or the date a
final order lS issued by the Administration Commission
finding this amendment to be in compliance in accordance
with Chapter 163.3184, F.S.
The notice of compliance
becomes a final order 21 days following the issuance of the
notice of compliance if during the 21-day period no
petitions are filed challenging the amendment, Once issued,
the Notice of Intent shall be attached hereto as Exhibit
"A" and made a part of this Ordinance by reference.
FIRST READING this
'7
day of July, 1998.
SECOND, FINAL READING and PASSAGE this
~v
, 1998,
i
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, I
, ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
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Commissioner
MEETING MINUTES
REGULAR CITY COMMIS::.ION
BOYNTON BEACH, FLORIDA
JULY 7,1998
Motion
Mayor Pro Tem Tiltman moved to approve Proposed Ordinance No. 098-22.Vice Mayor
Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was
unanimous.
2. Proposed Ordinance No. 098-23 Re: Rezoning and master plan
approval of property located on the northeast Cdtner of Woolbright Road
and Knuth Road and amending Ordinance 91-70 by rezoning The
Hamptons at Boynton Beach PUD
Attorney Cherof read Proposed Ordinance No. 098-23 by title only.
Motion
Commissioner Titcomb moved to approve Proposed Ordinance No, 098-23.Vice Mayor
Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote, The vote was
unanimous.
3. Proposed Ordinance No. 098-24 Re: Amending Ordinance .a9-38
to amend the Future Land Use Element of the Comprehensive Plan to
change the land use designation of 14.18 acres of land owned by The
First Baptist Church of Boynton Beach from Moderate Density Residential
to Local Retail Commercial Development (peO)
"
Attorney Che~of read Proposed Ordinance No. 098-24 by title only.
Motion
Mayor Pro Tem Tillman moved to approve Proposed Ordinance No. 098-24.Commissioner
Titcomb seconded the motion.
Vice Mayor Jaskiewicz recalled precise guidelines with respect to how this property can be
developed. It had to conform to the use that was approved or it would revert back to the
previous Ordinance. She questioned whether or not those restrictions were included.
Attorney Cherof advised that he would investigate this between first and second reading.
City Clerk Sue Kruse polled the vote, The vote was unanimous,
4. Proposed Ordinance No. 098-25 Re: Amending Ordinance 91-70
to rezone approximately 14,18 acres of land owned by The First Baptist
Church of Boynton Beach from Planned Unit Development (PUD) to
Planned Commercial Development (PCD)
Attorney Cheraf read Proposed Ordinance No, 098-25 by title only.
21
MEETING MINUTES
REGULAR CITY COMt-ItSSION
BOYNTON BEACH, FLORIDA
JULY 7,1998
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS ORDINANCE,
Motion
Commissioner Titcomb moved to approve Proposed Ordinance No. 098.25.Mayor Pro Tem
Tillman seconded the motion.
Vice Mayor Jaskiewicz requested that Attorney Cherof investigate to see if her remarks about
Proposed Ordinance 098-24 are included in this Ordinance.
City Clerk Sue Kruse polled the vote. The vote was unanimous.
5. Proposed Ordinance No. 098-26 Re: Amending Ordinance 89-38
of the Future Land Use Element of the Comprehensive Plan to change
the land use designation from Moderate Density Residential to High
Density Residential on 66.16 acres of land known as Woolbright Place
PUD
Attorney Cherof read Proposed Ordinance No, 098.26 by title only.
Motion
Commissioner Denahan moved to approve Proposed Ordinance No, 098-26, Mayor Pro Tem
Tillman seconded the motiol'):' City Clerk Sue Kruse polled the vote, The vote was unanimous.
6. Proposed Ordinance No. 098-27 Re: Annexing a 23.4 acre parcel
of land located .north of Miner Road between Lawrence Road and
Congress Avenue owned by Roland E, and Ceila M, Foster
Attorney Cherof read Proposed Ordinance No, 098-27 by title only.
Motion
Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No, 098-27. Mayor Pro Tern
Tillman seconded the motion. City Clerk Sue Kruse polled the vote, The vote was unanimous.
7. Proposed Ordinance No. 098.28 Re: Amending Ordinance 89-38
by amending the Future Land Use Element of the Comprehensive Plan to
change the land use designation of 23.4 acres of land owned by Roland
E. Foster and Ceila M. Foster from MR-5 in Palm Beach County to, Low
Densi~ Residential
Attorney Cherof read Proposed Ordinance No. 098-28 by title only.
22
MEmNG MINUTES--
PLANNING It DEVEL\o.,JMENT BOARD
BOYNTON BEACH, FLORIDA
JULY 14, 1998
Mr, Rumpf reported the following:
Self-storage facilities item related to Code amendments was approved and will proceed with
the Ordinance stage,
Shoppes of Woolbnght PCD and Favorite 'Food Court were approved. The City Commission
approved the Favorite Food Court application excluding the Planning & Development's
additional condition that restricted the uses to restaurant uses only,
When Chairman Wische questioned whether the Commission was aware of the fact that the applicant
had agreed to that condition, Mr. Rumpf explained that he did not have an answer to that question,
Boynton Beach Mall - The amendment of the Development Order was approved.
Barrera Annexation Ordinances were approved on second reading.
Hamptons PUD, Arst Baptist Church and Foster Property Ordinances were approved on first
reading
B. Filing of Quarterly Report for Site Plan Waivers and Minor Site Plan
Modifications
Motion
Mr. Rosenstock moved that the filing of the Quarterly Report for Site Plan Waivers be accepted as
submitted. Mr. Dube seconded the motion that carried unanimously.
6. Old Business
None
7. New Business:
A. PUBUC HEARING
Code Review
1.
PROJECT:
DESCRIPTION:
Day Que Uses Accessory to Churches
(Tabled from 6/23/98)
Bishop Sylvester Banks
Bible Church of God
Request to amend the Land Development Regulations,
Chapter 2, Zoning, to allow day care as an andllary
function to a church located in R-1-AA zoning dlsbicts.
AGENT:
Agenda Item 7.A.! was tabled until the meeting to be held on August 11, 1998.
2
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-177
TO: Jim Cherof
City Attorney
/f6l'e,
FROM: Michael W. Rumpf
Acting Planning and Zoning Director
DATE: June 10, 1998
SUBJECT: Ordinance Requests
In anticipation of ordinances being scheduled for adoption in July, I am providing you
with support materials necessary for preparing ordinances related to the three (3)
proposed amendments to the Comprehensive Plan with the DCA reference number 98-
1. The three projects are as follows:
First Baptist Church (land use amendment and rezoning)
Woolbright Place PUD (land use amendment)
Foster Property (annexation, land use amendment and rezoning)
On June 8, 1998, we received the proposed amendments back from the Florida
Department of Community Affairs and now have 60 days to adopt them. If you have
any questions regarding this matter, please contact me.
MWR:mae
xc: Rosemarie Lamanna
Attachments
S:\Shrdata\Planning\Shared\Wp\Projects\First Baptist Church of BB\ORDINANCE REQUEST.doc
NOTICE OF LAND USE CHANGE
NOTICE OF ZONING CHANGE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF
BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION
CHAMBERS, 100 East Boynton Beach Boulevard, on Monday, December 22, 1997 at 7:00
p.m. to consider the request described herein and submitted by Ellen Smith of Unruh, Smith
and Associates, Inc., agent for the First Baptist Church of Boynton Beach, Florida, property
owners, regarding a total of 14.18 acres located one quarter (114) mile north of the intersection
of Woolbright Road and S.W. 8th Avenue on the west side of S.W. 8th Avenue.
This request will also be considered by the City Commission of THE CITY OF BOYNTON
BEACH, FLORIDA, on Tuesday, January 6, 1998 at 7:00 p.m., or as soon thereafter as the
agenda permits at the CITY HALL COMMISSION CHAMBERS.
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FIRST BAPTIST CHURCH OF BOYNTON BEACH PCD
LAND USE AMENDMENT AND REZONING
NATURE OF REQUEST:
To amend the Future Land Use Map of the Comprehensive Plan from Moderate Density
Residential to Local Retail Commercial and to rezone the property from Planned Unit
Development (PUD) to Planned Commercial Development (PCD) to allow for a health care
campus with a nursing home, assisted care living facility and medical offices.
LEGAL DESCRIPTION:
Tract F, Woolbright Place Plat No, 1, according to the Plat thereof as recorded in Plat Bouk 67,
page 47 through 49 in the Public Records of Palm Beach County, Florida,
All interested parties are notified to appear at said hearing in person or by attorney and be
heard, Any person who decides to appeal any decision of the Planning and Development
Board and/or City Commission with respect to the matter considered at these meetings will
need a record of the proceedings and for slich purpose may need to enso..:re tha~ a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\First Baptist Church of BB\LUAR\legalnot.doc
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DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-596
TO: Chairman and Members
Planning and Development Board
THROUGH: Tambri J. Heyden, AICP 1)41
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
NOTIGc OF LAND USE CHANGE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH,
FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton
Beach Boulevard, on Monday, December 22, 1997 at 7:00 p.m, to consider the request described herein and
submitted by Ellen Smith of Unruh, Smith and Associates, Inc" regarding a total of 66,16 acres of property
located on the east and west sides of S.W. 8th Avenue, approximately one-quarter (1/4) mile north of the
intersection of Woolbright Road and S,W. 81h Avenue,
This request will also be considered by the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, on
Tuesday, January 6, 1998 at 7:00 p,m., or as soon thereafter as the agenda permits at the CITY HALL
COMMISSION CHAMBERS,
WOOLBRIGHT PLACE PUD LAND USE AMENDMENT
NA TURE OF REQUEST:
To amend the Comprehensive Plan Future Land Use Map designation for the property shown on the attached
map, from Moderate Density Residential to High Density Residential. The proposed amendment is requested in
conjunction with the proposal to establish a new Planned Unit Development (PUD) on a 14.18-acre parcel that is
proposed to be removed from the existing Woolbright Place PUD, The subject application is not being proposed
to alter the existing development as currently approved or constructed on the remaining 66,16 acres. The
subject amendment would change the land use on that portion of the PUD that is currently classified as
Moderate Density Residential, which would remain following extraction of the 14,18-acre parcel.
LEGAL DESCRIPTION:
Woolbright Place Plat 1, according to the Plat thereof as recorded in Plat Book 67, pages 47 through 49 in the
Public Records of Palm Beach County, Florida less Tract "Fit, a total of 14.18 acres; and less 30 feet of the
original 80 foot right-of-way, transferred from Woolbright Place PUD to Woolbright Place PCD, a total of 33,900
square feet. Said lands lying and situate in Palm Beach County, Florida, containing 66,16 acres.
All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person
who decides to appeal any decision of the Planning and Development Board and/or City Commission with
respect to the matter considered at these meetings will need a record of the proceedings and for such purpose
may need to ensure that a verbatim record of the oroceedings is made, whiCh record inc!t!des the testimony aiid
evidence upon which tile appeal is to be based,
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Firsl Baptist Church of BB\LUAR\legalnot.doc
~ nCE OF PUBUC HEARING
NOTICE OF LAND USE CHANGE
,~OTIC~ OF ZONING CHANGE
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CI1Y
OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL
COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, on Monday,
December 22, 1997 at 7:00 p.m. to consider the request described herein and
submitted by Julian Bryan of Julian Bryan and Associates, Inc" agent on bet,alf of
Roland E. and Ceila M. Foster of Lantana, Florida, property owners, regarding a total of
23.4 acres located north of Minor Road between Lawrence Road and Congress
Avenue.
This request will also be considered by the City Commission of THE CITY OF
BOYNTON BEACH, FLORIDA, on Tuesday, January 6,1998 at 7:00 p,m" or as soon
thereafter as the agenda permits at the CITY HALL COMMISSION CHAMBERS,
NATURE OF REQUEST:
To amend the Future Land Use Map of the Comprehensive Plan from MR-5 in Palm
Beach County to Low Density Residential, and to rezone the property from Agricultural
Residential (AR) in Palm Beach County to PUD (Planned Unit Development) to allow
for the ultimate development of 98 zero lot line, single family homes.
LEGAL DESCRIPTION:
The West 2/3 of the South % of the East % of the Northeast % of the Southwest % and
the West 2/3 of the East % of the Southeast % of the Southwest % of Section 7,
Township 45 South, Range 43 East; said lands situate, lying and being in Palm Beach
County, Florida, LESS the South 40 feet thereof.
All interested parties are notified to appear at said hearing in person or by attorney and
be heard. Any person who decides to appeal any decision of the Planning and
Development Board and/or City Commission with respect to the matter considered at
these meetings will need a record of the proceedings and for such purpose may need
to .ensure that a verbatim record of the proceedings is made, which record includes the
testimollY and evidence upon which the appeal is to be basad.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH: The Palm Beach Post
:? December 12, 1997
December 22, 1997
J:\SHRDA T A \PI anmngISHARED\WP\PROJECTS\Foster Property\LUAR\legalnot.doc
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DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-599
TO:
FROM:
Chairman and Members
Planning and Development Board
Tambri J, Heyden, AICP ~
Planning and Zoning Director
/!I (;-~-
Michael W, Rumpf
Senior Planner
THROUGH:
DATE:
December 18, 1997
SUBJECT:
First Baptist Church of Boynton Beach PCD (lUAR 97-002)
Request for land Use Amendment and Rezoning
INTRODUCTION
Unruh-Smith & Associates, Inc., agent for the First Baptist Church of Boynton Beach, property
owner, proposes to modify the existing Woolbright Place Planned Unit Development (PUD) by
extracting their 14.18-acre parcel from the PUD, reclassify the parcel from Moderate Density
Residential to local Retail Commercial, and rezone it from Planned Unit Development to Planned
Commercial Development (PCD), This proposal is to allow for the change in use from a church
(as approved within the existing Woolbright Place PUD master plan) to a health care campus
consisting of a 120-bed nursing home, a 60-bed ClF (congregate living facility), and a 67,500-
square foot medical office building, Whereas this report will focus on the comparison of impacts
associated with the existing approved use, a church, and the proposed health care campus, the
projected impacts of removing the 14-acre parcel from the existing master plan will be analyzed
within the review of the following two (2) requests which have been submitted in conjunction with
the subject request: 1) a master plan modification of the Woolbright Place PUD; and 2) the
amendment of the land use on the Woolbright Place PUD from Moderate Density Residential to
High Density Residential. The subject property is located on the west side of S.W. 8th Street,
approximately one-quarter (1/4) mile north of Woolbright Road (see Exhibit "A"-location Map).
These requests have been initiated in connection with the relinquished desire of the First Baptist
Church of Boynton Beach to relocate their church facility to this site. The application indicates that
the church lost interest in this site when restrictive covenants, established when the property was
acquired, were not adhered to. According to the justification statement included within the
application, The Declaration of Restrictive Covenants, which was intended to ensure a desired
atmosphere and environment around the church property, was breached when uses were
approved within the Shoppes of Woolbright PCD that involved alcoholic beverages, tobacco, drive-
in restaurants and automobile service stations. The First Baptist Church of Boynton Beach now
desires to sell the property, and "market and sell it in the most advantageous way".
I
PROCEDURE
Pursuant to the Land Development Regulations, Chapter 2, Section 9-Administration and
Enforcement, when a rezoning request requires 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 ISSUESI DISCUSSION. As the
application also involves a planned zoning district, specific application requirements related to the
proposed amendments to the master plan will also be analyzed, For specific information on the
proposed revisions to the master plan, see the section below titled PROPOSED DEVELOPMENT.
Lastly, as a requirement in connection with processing a land use element amendment that
involves property in excess of 10 acres (or density in excess of 10 units/acre), the plan
amendment must be approved by the Florida Department of Community Affairs (DCA), The DCA
will conduct two reviews of this proposed amendment; after approval by the Commission to
transmit to the DCA, and again once ordinances are adopted.
ADJACENT LAND USES AND ZONING
The land uses and zoning in the surrounding area vary and are presented in the table that follows:
Direction
North
Northeast
Farther northeast
East
Farther east
Southeast
Farther southeast
South
West
Farther West
Northwest
ZoninQ
N/A
N/A
PUD
N/A
PUD
N/A
N/A
PCD
N/A
R-1-M
R-1-M
Land Use
water management area (Woolbright Place PUD)
N.W. 8th Avenue
apartments (The Vinings)
N,W, 8th Avenue
apartments (The Vinings)
N,W, 8th Avenue
undeveloped land (Shoppes of Woolbright PCD)
Cracker Barrel Rest. (Shoppes of Woolbright PCD)
L.W.D.D. E-4 Canal
single family homes (Palm Beach Leisureville)
single family homes} Palm Beach Leisureville}
PROPOSED DEVELOPMENT
A petition to rezone land to a planned zoning district must include the minimum master plan
documents as indicated in the City's Land Development Regulations. The proposed master plan
describes the proposed health care campus to include a nursing home, a congregate living facility,
and a medical office building (see Exhibit "B"), A more detailed description of the existing and
proposed master plans is as follows:
Project Area: 14,18 acres (the minimum land area for a PCD is 3 acres);
Unified Control: The entire site is owned by the First Baptist Church of Boynton Beach;
Site AccesslTraffic: The site is located immediately north of the Shoppes of Woolbright PCD,
and is primarily accessed from Woolbright Road via S,W. 8th Street. It is
also accessed from Boynton Beach Boulevard via N.W.lS.W. 8th Street. No
internal driveways or accessways are proposed, just a collection of
interconnected parking areas, Specifically, ingress and egress for the site is
proposed for locations along S.W. 8th Street, at the center of the site, and at
the northern end of the site. The central driveway is positioned opposite of
Industrial Way, and the northern driveway is located opposite the northern
entrance to the Vinings Apartments. Both entrances are located at existing
breaks in the median, The project is projected to generate a total of 2,747
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average trips per day, and proposes to utilize the number of trips vested to
the church project (750 trips). Therefore, the project is projected to
generate an additional 1,997 trips,
Proposed Uses: A 2-story,120-bed nursing home on the north end of the site; a 3-story,
67,500 square foot medical office building generally within the center of the
site; and a 2-story, 60-bed adult living facility at the north end of the site. All
proposed uses are allowed uses within a planned commercial development;
Off-Street loading: No off-street loading areas are shown on the master plan;
lot Coverage: The application indicates maximum coverage not to exceed a maximum of
40%,
Setbacks: The minimum setbacks will comply with the city's minimum site regulations
(40 feet front setback, 30 feet side setback, and 40 feet rear setback);
Project Perimeter: In exceeding the minimum site requirements, the 25-foot landscape buffer
located on the west side of the property will be continued around the
remainder of the site, even on the south side where the project abuts a
commercial zoning district (a 10 foot wide buffer is required where the site
abuts a commercial zoning district, and a 25 foot wide buffer is required
where the site abuts a residential zoning district);
Water: The project will be served by a 10 inch water main located along S,W. 8th
Street, which connects to an existing 16 inch water main in Woolbright
Road. Adequate capacity exists within the city's utility system to serve the
maximum demands of this project (24,707 gallons per day);
Sewer: The project will be served by an 8 inch gravity sewer line pressured by an
existing, local pump station. Adequate capacity exists within the city's utility
system to treat the maximum wastewater to be generated (24,707 gallons
per day);
Drainage: Project drainage is to be provided by on-site wet and dry detention areas,
with outfall leading to the adjacent lake Worth Drainage District E-4 Canal,
It should be noted that all parcels within the original Woolbright Place PUD
were collectively responsible for contributing to costs to maintain master
drainage facilities through membership within the Woolbright Place Master
Association. Costs for maintaining such facilities were assessed to each
property, based on the anticipated volume of use, The subject petition
proposes to establish a drainage system independent of the master system
within the PUD, therefore relinquishing their membership in the master
association. It should also be noted that this application has been
conditionally endorsed by a principal land owner within the original PUD
(city regulations require that modifications to master plans/rezonings be
approved by the owners of a minimum of 51 % of the land within the affected
area). The condition on which Tramell Crow Residential, owner and
managing entity for the Vinings Apartments, consented to this application
was the continued membership of the property into the Master Association.
3
Other Utilities: The site currently contains a 30-foot wide F.P.L. easement located along
the eastern edge of the property (for overhead power lines), a 20-foot wide
drainage easement at the northern end of the site, and a 10-foot wide utility
easement located along the east side of the property, The plan indicates
that the overhead power lines are to be relocated consistent with respective
guidelines,
Physical Character: Site elevations are not shown on the master plan documents. The
predominant vegetation consists of various pine tree species, along with a
few clumps of cabbage palms and a few scrub oaks. All vegetation is
concentrated within the central and north-central portions of the site, and will
be preserved at quantities consistent with the city's tree preservation
ordinance,
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 and intensities, The following Comprehensive Plan
objectives, policies, and support document text apply to the subject requests and are analyzed
below:
Future Land Use Element -
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."
Traffic Circulation Element Policy Objective 2,1 -
"Subsequent to Plan adoption the city shall provide a transportation network based on the
following minimum level of service standards (LOS):
Level of Service "C" or better under daily and peak hour conditions on all
unspecified City and Collector highways..... ..."
The Comprehensive Plan support documents also contain recommendations and data relevant to
this petition, and include the following (that text shown in "( )" has been inserted by staff to provide
an applicable interpretation):
Future Land Use Support Document, page 33 -
"ACLF's for the elderly are also one of the more innocuous types of group homes";
Future Land Use Support Document, page 40 -
'I
"Therefore the City should not change (intensify) the land use to (on) commercial
categories, beyond that which is shown on the proposed Future Land Use Plan, except for
minor boundary adjustments, small infill parcels, or commercial uses of a highly specialized
nature, which have speciallocational or site requirements, and therefore cannot be easily
accommodated on already designated commercial areas.";
"Commercial development particularly should not be located where it would adversely
affect residentially-zoned property, or where it would create spot zones or strip
development";
Housing Element Support Document, page V-5 -
"Also, the City should include ACLF's as allowable uses in all residential zoning districts,
provided that the size and type of these ACLF's are compatible with other dwellings in the
neighborhood, "
With respect to Objective 1.17 and Policy 1,17,8, and specifically the issue of minimizing land use
conflicts, the proposed project is projected to generate significantly greater impacts upon the
immediate vicinity, including the single-family neighborhood of Lake Boynton Estates, than would
be generated by the currently planned use, a church. These impacts are further explained in the
sections below.
With respect to State law and group homes (ACLF's or CLF's for the elderly), the Comprehensive
Plan was revised subsequent to adoption to maintain consistency with new requirements of State
law regarding the necessary provisions for group homes, However, it should be noted that the
emphasis is placed on small ACLF's which function as a single family home, and are fully
compatible with single-family neighborhoods. Given the size of the proposed ACLF and nursing
home, such uses would not perform similar to a single-family home, but rather would function as
commercial uses as this site is proposed to be zoned,
Also explained in further detail below, under Item #5, is an evaluation of the petition relative to the
need for, and supply of the proposed uses. As stated on page 40 of the Future Land Use Support
Document, the City should minimize the conversions in land use to commercial categories, with
the exception of small land use amendments or those projects involving unique uses with
locational needs which match the needs of the general area, First, it should be stated that the
subject property is immediately adjacent to one of the city's largest retirement-age communities,
Palm Beach Leisureville, whose residents could benefit by being in close proximity to such land
uses and services. However, according to the analysis within the Comprehensive Plan, of the
needs and supply for nursing homes and ACLF's, the current supply of nursing homes and ACLF's
is already exceeding the demand projected for the Year 2010.
With respect to traffic impact and levels of service standards, see the analysis listed below under
Item #4.
2) WHETHER THE PROPOSED REZONING WOULD BE CONTRARY TO THE
ESTABLISHED LAND USE PA TTERN OR WOULD CREA TE AN ISOLA TED DISTRICT
UNRELA TED TO ADJACENT AND NEARBY DISTRICTS, OR WOULD CONSTITUTE A GRANT
OF SPECIAL PRIVILEGE TO AN INDIVIDUAL PROPERTY OWNER AS CONTRASTED WITH
THE PROTECTION OF THE PUBLIC WELFARE.
~
Although the proposed classification, Local Retail Commercial, is consistent with that classification
on the adjacent Shoppes of Woolbright PCD, the current PUD and church use would provide an
appropriate transition from the commercial shopping center to the Lake Boynton Estates
Subdivision. An isolated district would not be established; however, logical land use planning and
public welfare would be jeopardized by the proposed change from the institutional use to a
commercial use.
3) WHETHER CHANGED OR CHANGING CONDITIONS MAKE THE PROPOSED
REZONING DESIRABLE.
According to the justification statement within the application, the petitioner states that conditions
have changed which make this location for their church undesirable, Notwithstanding this
circumstance, given the potential impacts of this proposed project on the adjacent neighborhood,
the significant increase in the supply of nursing home and ACLF units within the city, and the
physical limitations of expanding a local street which will receive approximately 40% of the
project's traffic, no conditions have changed which justify the conversion of the approval on this
property from a church to a health care campus.
4) WHETHER THE PROPOSED REZONING WOULD BE COMPA TlBLE WITH UTILITY
SYSTEMS, ROADWA YS, AND OTHER PUBLIC FACILITIES,
According to comments received from the Utility Department, the Lake Worth Drainage District,
and the Palm Beach County Traffic Division, ample facilities exist to serve the anticipated needs of
the proposed health care campus, However, the traffic study, and the County, only review
roadways covered under the jurisdiction of the County's Traffic Performance Standards
Ordinance, Therefore S.W.lN.W. 8th Street, a local street, which is well within the zone of
influence (area impacted by the project), is left unevaluated, The City is now confronted with not
only measuring traffic impact on S,W, 8th Street, but also recommending roadway improvements
that are recommendations that are typically generated by the County's traffic engineers.
At the request of staff, Palm Beach County reacted quickly to our request for traffic data on S.W.
8th Street by immediately placing counter equipment on this local street (counts were taken on
December 11 th and December 12th). At a point nearly into the peak traffic season, there exists
6,374 daily trips on this roadway, and when the project traffic (assigned to this roadway) is added
to this total, total trips become 7,174. When compared to the upper threshold of level of service
"C", 8,800 average daily trips (adt), the capacity remaining before the roadway exceeds the
adopted LOS "C" is 1 ,626 trips, It should be noted that this analysis does not include the 9,369
trips per day projected for the undeveloped portion of the Shoppes of Woolbright PCD; of which
1,874 of these trips are anticipated to use this local street through the neighborhood to the north at
project build-out. It should be noted that magnifying the current and future traffic condition on this
roadway is the fact that this traffic analysis has been conducted using LOS data from the County
for a "collector" street. Although S,W.lN.W, 8th Street is a "local" street by design, it now operates
as a "collector" street due to its service to the growing commercial center of the Shoppes of
Woolbright PCD. The traffic condition on this roadway is therefore being underestimated. The
negative impact on S.W.8th Street, from the PUD and PCD, was projected in 1986 when the
property was rezoned. A recommendation within the traffic analysis on this rezoning, to widen a
portion of this local street within the Lake Boynton Estates Subdivision to 3 and 4 lanes, was not
implemented to avoid the further impact on this neighborhood. To appropriately plan for future
traffic to be generated by the undeveloped portion of the PCD and the proposed health care
campus, S.W.lN,W. 8th Street should be widened, This road improvement would require
acquisition of additional right-of-way, and further increase the negative impacts (such as increased
travelling speeds and truck traffic and decreased owner occupancy) upon the adjacent
neighborhood. It should also be noted that a qualifying criterion for a PCD is a location that
o
provides direct access to major transportation facilities without creating or generating an
unacceptable level of traffic along streets in residential areas or districts outside it (Land
Development Regulations, Chapter 2.{F){4){a).
5) WHETHER THE PROPOSED REZONING WOULD BE COMPA TIBLE WITH THE
CURRENT AND FUTURE USE OF ADJACENT AND NEARBY PROPERTIES, OR WOULD
AFFECT THE PROPERTY VALUES OF ADJACENT AND NEARBY PROPERTIES AND
WHETHER THE PROPOSED REZONING IS OF A SCALE WHICH IS REASONABL Y RELA TED
TO THE NEEDS OF THE NEIGHBORHOOD AND THE CITY AS A WHOLE.
The analysis of compatibility, impact, and scale of the proposed project includes a comparison of
project populations, the analysis of needs and supply, a comparison of traffic impacts, and the
findings and conclusions from the original rezoning review.
The differences between the currently approved church use and the proposed health care campus
are significant, which both equates to varying impacts upon the adjacent neighborhood. Since the
church will involve approximately 30 employees, and enroll an average of 60 to 70 students, the
impacts during typical peak periods (for the PCD and PUD) will be minimal. Although the church
may attract between 150 and 200 cars on a Sunday morning, this traffic activity will occur during
off-peak periods for the area roadways. In comparison, the proposed health care campus would
involve 300 employees and 180 residents, and generate traffic activity similar to typical peak
periods (thus maximizing the impact for the given use), Although the original traffic study indicated
that the church would be sized to facilitate 500 students and a 1,200 seat sanctuary, current
information obtained from church personnel indicates that, if relocated, they would continue
functioning more similar to current operations rather than that which was assumed within the
original traffic study for the Woolbright Place PUD/Shoppes of Woolbright PCD,
With respect to the need for the proposed use by the neighborhood and the city, data and analysis
within the Comprehensive Plan reveals that the city currently allocates more land for nursing
homes and ACLF's than was projected to be necessary for the build-out year of 2010. The
significant influx of such uses within the past 5 years has increased the supply of nursing home
and ACLF beds to over 1,100. This supply grows to 1,663 beds when combined with planned
beds, and to over 1,800 beds when including within this inventory the proposed project.
Compared with the projected need for the Year 2010, 1,468 beds, supply already exceeds the
total need projected for the build-out year, Although it is logical that the market may be reflecting
an accurate, current demand for such senior-care facilities, as attributed to the increasing
percentage of senior residents, the analysis of the plan is also based on a balance of land uses, A
consequence of increasing the land allocated to nursing homes and ACLF's is the reduction in
land available for other categories of land uses.
The traffic impacts of the proposed project upon the Lake Boynton Estates Subdivision are
described above, and represent the most significant effect from the project. Compared with 750
trips projected for the planned church use, the proposed project will add nearly 2,000 trips to the
area roadways, and specifically, 800 trips per day to S,W.lN.W. 8th Street. This local street is
confined to the right-of-way of a local street, yet it is now serving as a collector street. Safety must
be of concern to the local residents, as this roadway is nearing LOS capacity, contains no
sidewalks, and separates portions of a neighborhood that are served by a public park.
The increase in traffic on this local street was projected when the Woolbright Place PUD was
rezoned in 1986, At that time, staff recommended in opposition to the rezoning, in part, as
compatibility with the adjacent neighborhood would not be achieved if S,W.lN.W, 8th Street is
1
allowed to serve this project (Planning Department memorandum dated March 4, 1986 from
Carmen S. Annunziato, Planning Director, to the Planning and Zoning Board),
6) WHETHER THE PROPERTY IS PH YSICALL Y AND ECONOMICALL Y DEVELOPABLE
UNDER THE EXISTING ZONING.
The site within the existing PUD master plan was approved for the development of a church,
therefore, it is assumed that the site has been determined physically and economically suitable for
the proposed use,
7) WHETHER THERE ARE ADEQUA TE SITES ELSEWHERE IN THE CITY FOR THE
PROPOSED USE, IN DISTRICTS WHERE SUCH USE IS ALREADY ALLOWED.
As nursing homes and ACLF's are allowed uses in most residential and commercial zoning
districts within the city, there are ample sites for those smaller facilities capable of locating within,
and along the fringe of residential areas. This type of facility would not be as large as those which
are proposed, but rather the type which is described by the plan and State law as being most in
demand.
RECOMMENDATION
Based on the analysis and discussions contained herein, staff recommends that this request be
denied, In summary, this recommendation is based on inconsistency with comprehensive plan
policies related to land use compatibility, the increase in land allocated to commercial uses, and
facility capacity. However, if this land use amendment and rezoning is approved, staff
recommends that the approval be contingent upon those Conditions of Approval indicated in
Exhibit "C",
Finally, it should be noted that staff is not opposed to the change from the currently-approved
institutional use, and recognizes the legitimate reason that the First Baptist Church has submitted
this petition. However, there are feasible, alternative uses for this site, as currently zoned and
classified, that would generate fewer impacts and be more compatible with the adjacent residential
neighborhood. For example, the current land use classification, Moderate Density Residential, at
a maximum density of 7.26 units per acre, would allow the construction of 103 dwelling units. In
this development scenario (assuming multi-family, such as townhouses), total traffic generated
would be less than the vested 750 trips per day (721 trips per day), and that traffic using
S,W.lN.W. 8th Street would be less than 300 average trips per day (at 40% project assignment).
Attachments
xc: Central File
S:\Planning\SHARED\WPIPROJECTS\First Baptist Church of BBILUAR-REZN\LUAR.Q02 Rep,doc
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EXHIBIT "A"
LOCATION MAP
9
LOGATION MP~-?
CHURCH PARCEL AT
WOOLBRIGHT PLACE
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EXHIBIT "B"
PROPOSED MASTER PLAN
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EXHIBIT "C"
CONDITIONS OF APPROVAL
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EXHIBIT "C"
Conditions of Approval
Project name: First Baptist Church of Boynton Beach
File number: LUAR 97-002
Reference: The plans consist of 3 sheets identified as 2nd Review. Land Use Amendment/Rezoning. File
#LUAR 97-002 with a November 25. 1997 Plannin!! and Zonin!! Department date stamp marking
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments:
1. Dumpster locations are not adequate. Locations must remam
unobstructed and easily accessible by Public Works vehicles. Include
detail drawing for dumpster enclosures on Master Plan.
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments:
2. Changing of Tract F from PUD to PCD requires as a next step in this
process, platting in accordance with LDR Chapter 2, Section 6,F.12.
3. Each facility shall have the appropriate number of handicap parking
spaces per the latest edition ofthe Florida Accessibility Code.
4. Show the total number of parking spaces provided under the "Parking
Chart" .
5. Under the "Notes" heading, add to the comment referencing re-routing
the FPL power lines, the following: All existing utility easements not
needed shall be abandoned and all new easements required shall be
shown on the master plan and plat.
6. Obtain a 20 foot drainage easement for the drainage pipe from the lake
across the Palm Beach LeisureviIIe property and relocate the existing 20
foot drainage easement within the project to fall within the center of the
existing 30" R.C. P.
7. Provide a master storm water management plan outlining the primary
and secondary drainage and stormwater facilities needed for the
development. [LDR Chapter 3, Article IV, Section 3,T,]
If
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First Baptist Church of Boynton Beach
File No. LUAR 97-002
I DEPARTMENTS I INCLUDE I REJECT I
8. Provide a set of "typical" dimensions for the parking lot areas to show
the parking stall lengths and the minimum backup distance as specified
in Standard Drawing B-90013.
BUILDING DIVISION
Comments:
9. Add to the master plan and paving and drainage plan notes, symbols and
dimensions that will represent the location and width of at least one
accessible route that is required from the abutting public street to an
accessible building and/or each tenant space entrance for all three
buildings, [Florida Accessibility Code for Building Construction, Section
4.3, Accessible Route]
10, Add to the master plan and paving and drainage plan notes, symbols and
dimensions that will represent the location and width of the accessible
route that is required from the access aisles located at each accessible
parking space to an accessible building and/or each tenant space
entrance. [Florida accessibility Code for Building Construction, Section
4.6, Parking and Passenger Loading Zones]
11. Place a note on the paving and drainage plan indicating that the site is
designed in compliance with the Florida Accessibility Code for Building
Construction.
12. The master plan shows the footprint of the medical office building within
the water management easement and the footprint of the C.L.F. building
within a FPL easement. Relocate the buildings or extinguish the
easements. Note the footprint of the nursing home appears to abut the
FPL easement. Building overhangs are not allowed within an easement.
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
13. On the master plan provide information regarding the location, size and
availability of utilities for the proposed complex (LDR, Chapter 3, Art,
IV. Sec. 3,P)
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First Baptist Church of Boynton Beach
File No. LUAR 97-002
I DEPARTMENTS I INCLUDE I REJECT I
14, In order to conform to landscape regulations, indicate on the master plan
that a 40 foot spacing for the proposed buffer is the maximum, not
"typical".
15. It is recommended that design of the landscape buffer along SW Sth
Street be consistent with the Land Development Regulations yet
coordinated with the design of the Cracker Barrel buffer with respect to
proposed species, spacing and configuration,
16, Maintain affiliation with the Woolbright Place Master Association in
fulfillment of original obligations to collectively support the master
drainage and landscaping facilities within the Woolbright Place PUD.
17. Provide a unity of control document as required by the Land
Development Regulations.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
IS, To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
19. To be determined.
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