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APPLICATION , ~ - -".N, > . __ ~_ ~' 2.~' ~ ~"-'_: "';~~~.ii -- - .,~ In;,c'n. '.n'. UNRUH, SMITH '&Al)SOC~E '_ _ _ ~. ." ,--.1' . PUb;tl PO;IL.\ In\J Slr~.Hf..:'~il ~l~liijlill~ · L.mJ Li'lc ~i:~d Zl"':~i;l~ \1....1~t.'~.) · LC';iS!:l~:'''C R.c;~ :~0Ci ,~\c~,(..~ · G(\\e:~i~~cnl R.ci:l:O:;~ · r-f\':~U:~Jt!(ln f)~~~~s MEMORANDUM ,'\ TO: Ellen Smith, ~ . , /'~ )" ' . " , FM: MarkRickaids ......~ii. \..... .->!. " DT: September 4, 1997 RE: First Baptist Church of Boynton Beach OUf File # 13709047/mr3 T fi D I t" B Id h d' fi I t tme rame or compJe Ion. 0 ea mgs are na s eps. Date Land Use Amendment Rezoning Site Plan Approval/Master Plan Revision 10/1/97 application submittal application submittal 10/2/97 application submittal 10/28/97 Technical Review Committee 11/14/97 Amended Plans Deadline 11/25 P & D hearing 12/2/97 City Commission hearing 12/9/97 P & D hearing 12/1 0/97 City Commission hearing (transmit to DCA) 12/16/97 City Commission hearing 12/22/97 P & D hearin,g 3/10/98 deadline for DCA comments. (tentative) 5/1 0/98 response to DCA comments, resubmittal to DCA. (tentative) 8/10/98 DCA final comments. (tentative) 9/1198 adoption by the City of City Commission City Commission hearing Boynton Beach (tentative) hearing Application Fees: Land Use Amendment: Rezoning: Master Plan Revision: Site Plan: total: $1,750.00 $1,500.00 $ 500.00 $1.500,00 $5,250.00 October 1 October 1 October 2 October 2 1(';:-'", ,:, \ .( . , . ~ ,;. :::-n"',. ".' j r ,.... !'J'.':".'~ .q '~.1!l! . ~{}:_,r~~~_t.:~(1':: . F,: . ::::;'~: (~~-.:::~':::: FIRST BAPTIST CHURCH OF BOYNTON BEACH SEPTEMBER 4, 1997 ~ Tree Preserve Area, Water Retention L1ke ~ _ ,\l;l;f~ _ R ~ 25' LANDSCAPE STRIP ~ E 1 I~-------l ~ S I I I D o . 'I' I E I I I N f I I, T ZS'LANDSCAPESTRIP e I (' I I e I I A ~ --- - ,. - NURSING HOME I I T \ c::/-:.~- 34-"'S.F. l . cr-i~ ~ 1&1 S \ *, ~ \ IS E '\i. r ~\ CLF ::1 L \ 67,500 S.F. !zsT, = 2 STORIES E ,\ i \ I · \ -. -:- ~I . IN E-3 CAN ,\ 1 : In: : \ : : \ I I I . lOUF~ \ 11 I 1:1: II 1111: III:: III :11::: :1111i:::::: 1 I ~i I \ ':111:::111 :::::::llll::II:III::11::1::I.~ \ I - ZS'LANDSCAPES~ \ _ ::: : : : : : : I OFFICE II I~ ,\ UillI I 111111 67,500 S.F. E , \\ ~: :: 3 STORIES , I .~ AcrelIge: IUS \1.WI.l.W.l.llll IliA Zoning: peD' . l Land Use' Commacilll \ \ . ! ~~e:;:: \\. '\:::::::I:::::::::I::~:\::::1=H+t+I I 11 Office: 67,soo I 12 EFHu= =: I \ ,:::::::::: 1 : I: Ii : : : I:: III Ii Ii :: : I" I : . ='"~1~:'~ ~\~J~I~~:~~E~~~UI I j1 CRACKER BARRELL 453 feet PROJECT NAME: FIRST BAPTIST CHURCH OF BOYNTON BEACH LOCATION: ~ MILE NORTH OF INTERSECTION OF S.W. 8TH St. AND Woolbright Rd., on the east side of S.W. 8th Ave. COMPUTER ID: FIRST BAPTIST CHURCH OF BB\LUAR I FILE NO.: LUAR 97-002 I TYPE OF APPLICATION: . LAND USE PLAN AMENDMENT! REZONING APPLICANT/CONTACT PERSON: OWNER: First Baptist Church of Boynton ELLEN SMITH Beach UNRUH, SMITH & ASSOC. PHONE: 732-5151 PHONE: (561) 835-8505 FAX: 732-5152 FAX: (561) 655-5525 ADDRESS: 301 N. Sea crest Blvd. ADDRESS: 105 S.NARCISSUS AVE, STE Boynton Beach, FL 33435-4083 503 WPB, FL 33401 DATE: SUBMITTAL / RESUBMITT AL 11/5/97 1ST REVIEW COMMENTS DUE: 11/14/97 PUBLIC NOTICE: TRC MEETING: 11/18/97 t-' RESUBMITTAL DATE: 12/9/97 2]';D REVIEW COMMENTS DUE: 12/19/97 LAND DEVELOPMENT SIGNS POSTED: PLANNING & DEVELOPMENT BOARD -12/13/97 MEETING: mRJ./i1 CITY COMMISSION MEETING: /jd,!rs( ~f) 1/20/97 COMMENTS: 7/7/Cf8 CC~~ !~tU~Uv/, S:\FORMS\PROJECT TRACKING INFO NOTICE OF LAND USE CHANGE NOTICE OF ZONING CHANGE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, on Monday, December 22, 1997 at 7:00 p.m. to consider the request described herein and submitted by Ellen Smith of Unruh, Smith and Associates, Inc., agent for the First Baptist Church of Boynton Beach, Florida, property owners, regarding a total of 14.18 acres located one quarter (1/4) mile north of the intersection of Woolbright Road and S.W. 8th Avenue on the west side of S.W. 8th Avenue. This request will also be considered by the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, on Tuesday, January 6, 1998 at 7:00 p.m., or as soon thereafter as the agenda permits at the CITY HALL COMMISSION CHAMBERS. NATURE OF REQUEST: To amend the Future Land Use Map of the Comprehensive Plan from Moderate Density Residential to Local Retail Commercial and to rezone the property from Planned Unit Development (PUD) to Planned Commercial Development (PCD) to allow for a health care campus with a nursing home, assisted care living facility and medical offices. LEGAL DESCRIPTION: Tract F, Woolbright Place Plat No.1, according to the Plat thereof as recorded in Plat Book 67, page 47 through 49 in the Public Records of Palm Beach County, Florida. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board and/or City Commission with respect to the matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon 'vvhich the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 J:\SHRDATAIP1annlng',SHAREo\WP\PROJECTS\First Baptist Church of BB\LUAR\legalnot.doc ',_ .,J /'--;' DE: v ELuPMENT SERVICES DEPARTIVlt:~ . PLANNING AND ZONING DIVISION MEMORANDUM #97- 544 TO: Sue Kruse City Clerk ~J Tambri J. Heyden, AICP I}f Planning and Zoning Director FROM: DATE: December 2, 1997 RE: First Baptist Church of Boynton Beach PCD (LUAR 97-002) Accompanying this memorandum you will find a copy of the application submitted for the above-referenced project. A legal advertisement for same has been prepared for the December 22, 1997 Planning and Development Board Public Hearing and the January 6, 1998 City Commission Public Hearing, and will be forwarded to your office after review by the City Attorney. Property owners notices were mailed on November 21, 1997. Outstanding technical issues related to this application caused the mailing to be prepared at the last minute; therefore, we stuffed and labeled the envelopes for you to ensure that our 30-day notice requirement was met. Please let me know if I can be of further assistance. T JH:bme xc: Central File Attachments J:\SHRDA T A \Plannlng\SHARED\WP\PROJECTS\First Baptist Church of BB\LUAR\legalnot.doc t"EQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two working days prior to the newspaper's ad submittal deadline. ORIGINATOR: Plannina and Zonina PREPARED BY: Michael Rumpf DATE PREPARED: December 2.1997 BRIEF DESCRIPTION OF NOTICE OR AD: First Baptist Church of Bovnton Beach PCD Land Use Element Amendment and Rezonina SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Legal Ad for Larae-scale Amendment for Plannina and Development Board meetina on December 22. 1997 at 7:00 p.m. and City Commission meeting of January 6. 1998 at 7:00 p.m. Ad must not be less than 2 columns wide and 10 inches lona in a standard size newspaper; headline must not be less than 18 point: the ad must not be placed in those sections containina leaal notices and classifieds: if map is reduced. the quality and resolution must be maintained. SEND COPIES OF AD TO: Newspaper (December 10. 1997). applicant and Plannina and Zonina Director. NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: December 12. 1997 and December 22. 1997 LAST DATE TO FAX TO NEWSPAPER: December 10.1997 APPROVED BY: v~ . ~ (1) ~j'hv~ " '"v (Originator) ~ ;,;;/rn (Date) I (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: J:\SHRDATA\Planning\SHARED\WP\PROJECTS\First Baptist Church of BB\LUAR\legalnot.doc NOTICE OF LAND USE CHANGE NOTICE OF ZONING CHANGE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, on Monday, December 22, 1997 at 7:00 p.m. to consider the request described herein and submitted by Ellen Smith of Unruh, Smith and Associates, Inc., agent for the First Baptist Church of Boynton Beach, Florida, property owners, regarding a total of 14.18 acres located one quarter (1/4) mile north of the intersection of Woolbright Road and S.W. 8th Avenue on the west side of S.W. 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. -1 - . "._~ ~ . . '--/) ....\ ec:..' -', f '::..... -. -.-1;1 CG-r , I ! I L FIRST BAPTIST CHURCH OF BOYNTON BEACH PCD LAND USE AMENDMENT AND REZONING 1 _ 0 ~~ ErillI1B E ~~ .~~ , ~ \ \ ~ B;: ~rTm NATURE OF REQUEST: To amend the Future Land Use Map of the Comprehensive Plan from Moderate Density Residential to Local Retail Commercial and to rezone the property from Planned Unit Development (PUD) to Planned Commercial Development (PCD) to allow for a health care campus with a nursing home, assisted care living facility and medical offices. LEGAL DESCRIPTION: Tract F, Woolbright Place Plat No.1, according to the Plat thereof as recorded in Plat Book 67, page 47 through 49 in the Public Records of Palm Beach County, Florida. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board and/or City Commission with respect to the matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 J:\SHRDATA\Planning\SHARED\WP\PROJECTS\First Baptist Church of BB\LUAR\legalnot.doc MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 Mike Friedland. 330 SE 3rd Avenue. expressed delight about the schedule for the high school and the children's museum. He explained that the people of VRG and the surrounding community are interested in what happens in their area. As president of the VRG Owners' League, he thanked Larry Roberts for sharing the plans and knowledge of the Gateway Boulevard Extension and crossing from Seacrest Boulevard to the Intracoastal Waterway. He fEels the City is becoming user-friendly. Julio Rodriauez. 3855 South Lake Drive. approached the podium to speak about a proposed Palm Beach County zoning change in an area at the end of Diane Drive. However, Mayor Taylor advised that this item appears on the agenda later in the evening. VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Item #1 : First Baptist Church of Boynton Beach (LUAE 97- 002) Item #2: Woolbright Place PUD Master Plan Modification (MPMD 97-006) Item #3: Woolbright Place PUD Land Use Amendment (LUAE 97-004) Agent: Unruh-Smith & Associates Owner: First Baptist Church of Boynton Beach, Boynton Beach I Ltd. Partnership, and Boynton Beach II Ltd. Partnership Location: Woolbright Place PUD (east and west sides of SW 8th Street, one- quarter mile north of the intersection of SW 8th Street and Woolbright Road) Description: Request to amend and rezone a 14.18 acre parcel within the Woolbright Place PUD to change the existing approved use from a church to a health care campus (TABLED FROM CITY COMMISSION MEETING OF 1/6/98) Motion Commissioner Tillman moved to remove this item from the table. Commissioner Jaskiewicz seconded the motion that carried 5-0. Mayor Taylor reminded everyone that a great deal of input was received on this item at the last meeting, and there has been some movement since that meeting. Tonight's focus should be on that new information. He urged everyone present not to rehash old information, and suggested that the supporters and opposers select a spokesperson. Attorney Cherof administered the oath to all who would testify during these proceedings. All Commissioners divulged that representatives of both sides of this issue contacted them. Ellen Smith. of Unruh. Smith & Associates. represented First Baptist Church. She advised" that a great deal of thought was given to the comments made at the last meeting. She distributed copies of a letter to City Manager Willis dated January 20, 1998 listing compromises on behalf of the applicant. Those compromises include: 13 MEETING MINUTES RE'GULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20, 1998 1. The proposed 67,500 medical office building will be reduced to 39,700 square feet. This reduction is not required by the traffic circulation element of the City Comprehensive Plan to maintain level of service "C" on SW 8th Street. Rather, it is proposed to reduce total project traffic. 2. If requested by the City, a deed restriction will be recorded in the official land records limiting the intensity of development on site to: a. 34,300 square foot, 120-bed nursing home; b. a 67,500 square foot, 60-bed CLF; c. a 39,700 square foot medical office building; and d. associated infrastructure and retention. 3. Prior to the occupancy of any building on-site, the owner of the property will install traffic calming devices along the two-lane portion of SW 8th Street, if requested, as approved by the City Engineer. 4. The entrance to the medical office building shall be redesigned to only permit egress to the right (toward Woolbright Road). 5. The City shall permit no other uses of the property other than those described in Item 2 above without City Commission approval. Ms. Smith urged the Commissioners to approve this project that will make good use of these 14 acres. Jose Aquila. 800 SW 1st Court. urged the Commissioners not to make a bad situation worse by approving this project. It is his opinion that this request is based on financial gain. A multi- family residential development is possible for this site, and would be profitable for the Church. He also feels that if the City allows this development to exceed traffic counts, another developer will demand more for his unbuilt tracts. Mr. Aguila does not believe any traffic calming alternatives are feasible because speed humps will divert the problem to SW 7th Street or Leisureville Boulevard. The residents are concerned with traffic volume. Bud Meadows, 200 SW 12th Avenue. said the proposal brought forth this evening is not based on the church developing the parcel. He requested that the Commission approve this application since the Church wants to remain in the downtown. The Church needs to separate from the PUD. The Church will be part of the drainage and infrastructure, but they do not want to build a worship center on that site, nor do -they want to build a multi-family development. They have an offer to do something else and they want to move forward. The Church does not want to hurt the neighbors, and for that reason, they have made concessions recommended by staff. He urged the Commissioners to approve the changes. Garv Brennan. attornev with Carlton-Fields. represented the Church. He has practiced land use and zoning in Palm Beach County for 20 years. He has reviewed all of the agreements and feels the Commission is well within its legal requirements to approve the request of the applicant. Commissioner Jaskiewicz thanked the applicants for the consideration given to her remarks at the last meeting. She pointed out that whatever the Church does in the downtown is irrelevant 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 to this discussion. In addition, the reference made by Mr. Aguila to Mr. Morton is also irrelevant since he has made many alterations to his agreement. Commissioner Jaskiewicz said this development will affect her personally since she is a resident of Leisureville. It is her opinion that this development will present the least impact. Parts of this development are almost a passive use. She cannot imagine residential of any quality being developed across from The Home Depot, Auto Discount Store or RaceTrac. She does not feel the residents would benefit by a residential development in this area. She is sympathetic with the traffic problem that needs a solution. However, she feels this use is the least objectionable of all of the uses in this area. She appreciated the applicant's effort to reduce the size of the project, and she believes it will be an asset. Mayor Taylor reminded everyone that the neighborhood to the north existed when the road was closed. There was no traffic with the exception of local traffic. However, once the road was opened, even without development, there would have been traffic generated by people traveling from south to north. As commercial was added, traffic increased, and will continue to increase as more development is added. Mayor Taylor said he visited the site to see what could be done to solve the problem. Speed humps will slow the traffic in the area. In addition, he walked behind The Home Depot and drove through the Vinings, and believes there is room in the back for a road where truck traffic could be diverted. He recommended that staff investigate this possibility. If this road could be built, truck traffic on SW 8th Street could be restricted. Mayor Taylor does not have a problem with this use and believes there will be no traffic generation from this use in the evening. While he understands the concerns of the residents to the north, we will look at ways to make this use as safe as possible and try to find options to reduce the traffic. Commissioner Tillman feels a perimeter road might be one way to solve the traffic problem in this area. His major concern with this project is that it came in as a shell. No construction plan or construction timetable was included. He would not want to see another project get to this point unless it includes dates and timetables. Commissioner Tillman has no problem with this project and recommends that the City look at the possibility of constructing a perimeter road. Commissioner Bradley feels the improvements plan for the existing Church sound great because it is a terrific use of the investment gains out of the property. However, he explained that the Church paid approximately $180,000 for the land 10 years ago. It is estimated that if a residential project was built, the profit would be approximately $1 million. If a commercial project is built, the profit would double to $2 million or more. More is better because you can build more. It is the Church's right to do that unless it negatively impacts other people. That is the problem with this development. There is too much traffic on SW 8th Street today. There are still 150,000 square feet remaining to be developed after this 14-acre parcel. The recommendation for Moderate Density Residential that would have 105 or 110 units would. not exceed the 750 trips vested for that property. Commissioner Bradley will not support this request. Vice Mayor Titcomb requested that the applicant explain the percentage of the increase of trips that are generated with the reduction in usage of space of the 750 vested trips. Attorney Cherof explained that the 750 was broken down. The Church school for 500 pupils was 510 trips and the 1,200 seat Church was 240 trips. 15 MEETING MINUTES REGULAR CITY COMMISSltll~ BOYNTON BEACH, FLORIDA JANUARY 20, 1998 Mr. Aguila said the roadway Mayor Taylor proposes will not work. Furthermore, he questioned who would pay for the roadway if it could be built. In addition, speed humps will not work because people will drive around them and leave tire tread marks in the lawns of the residents. He recommended the City purchase the nine homes along SW 8th Street in order to make this a collector road. Mayor Taylor pointed out that the City is trying to work out a solution to the traffic problem, and Mr. Aguila is only offering reasons why nothing will work. Ms. Smith said the trips for the revised proposal equal 1,798. That is a 58% increase over what is currently proposed on the property. The building envelope of the existing 750 trips is inadequate for reasonable use of the land. Vice Mayor Titcomb questioned-where these trips would come from since they are an increase over the vested number of trips on this project. In addition, he questioned whether this would open the City to litigation or challenge for the other adjacent properties. Attorney Cherof does not believe approval of this project will open the City to any litigation or challenge. The trips can come from the total number that was vested for the site, or from a recalculated figure to indicate a higher number of trips available. Today's testimony may support a higher number. Vice Mayor Titcomb inquired if this would open the door for other properties to petition the Commission for additional trips. Attorney Cherot responded affirmatively. Ms. Smith said that door is already open and any applicant can petition this Commission to add trips to SW 8th Street. Commissioner Bradley asked for a legal opinion based on the fact that staff recommended denial of this application because ot inconsistency with the Comprehensive Plan. Attorney Cherof advised that the determination of consistency with the Comp Plan is a factual determination made by the Commission based upon the testimony heard from the applicant and staff. That testimony must be reevaluated independent of the Planning & Development Board's opinions to determine whether or not the Commission feels it is consistent. Carole Fretwell. 713 SW 3rd Avenue. said the trips increased from 750 to 1,798. This is not an increase of 58%. It is more than a 100% increase. Jeff Smith. of Simmons-White Engineers, explained that there are 1,798 trips of the l?ite. Seven hundred fifty trips are vested. Therefore, the new net trips to be addressed equal 1 ,048. The new trips (1,048) over the total trips equal 1,798. The difference is 750 trips. When that figure (750) is divided by the 1,798, the answer is a 58% increase. Ms. Smith explained that the applicant has a project that meets the requirements of the Comprehensive Plan with regard to the level of service "C". The City does not have a traffic engineer to accept the methodology used by the applicant.. The applicant is using the methodology from City staff and standard methodology from Palm Beach County. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20,1998 Vice Mayor Titcomb expressed concern about this project because it is a good project that is pitting good people against good people. He feels this project is appropriate for this site. He explained that if it is approved, he would like the City to designate SW 8th Street as a YNo Thru Truck" street as a way to decrease the traffic impact. He pointed out that the City could not compel homeowners to sell their homes on SW 8th Street. While he is still not totally cornfortable with this project, he is impressed with the efforts made by the church and their agents to listen to the conditions of the approval that might be considered. Speed humps and closing the road to trucks and diverting traffic to the south will have an impact on lessening the traffic to the north. Although the traffic on this road is bad now, it will get much worse based on what is vested in this area. Vice Mayor Titcornbexplained that in order for him to support this application, the applicant would have to adhere to all conditions listed. This would include that the City or applicant investigate the closure of the through-street to trucks entering the commercial projects from Boynton Beach Boulevard, and that any other calming and traffic devices deemed by the City and indicated will be implemented prior to anything going forward. This would also include the conditions that include deed restrictions. Tambri Heyden, Planning & Zoning Director, advised that staff does not recommend that the project entrance be limited to right-turn only. Staff investigated the closing of SW 8th Street just north of Crystal Key. Staff learned that this would have a negative effect on the level of service of the intersection of Woolbright Road and SW 8th Street that would put it under the adopted level of service. Staff observed that the median opening across from The Home Depot and Cracker Barrel is being used for "U" turns. If the egress of the driveway is restricted to right-turn only, people will turn right and make a "U" turn further south. Motion Commissioner Jaskiewicz moved to amend and rezone a 14.18 acre parcel within the Woolbright Place PUD to change the existing approved use from a church to a health care campus as per all staff comments and the additional Commission comments that were agreed to in Items 1, 2, 3, and 5 submitted by Ms. Smith. In addition, Commissioner Jaskiewicz stated that if the building permit or land development permit is not obtained within an 18-month period, the zoning would revert back. Commissioner Tillman seconded the motion. In response to Mayor Taylor, Commissioner Jaskiewicz agreed that her motion includes having staff look into limiting truck traffic on SW 8th Street. The motion carried 4-1. (Commissioner Bradley dissented.) MAYOR TAYLOR DECLARED A BRIEF RECESS. THE MEETING RESUMED AT 8:52 P.M. Mayor Taylor pointed out that the last item was a three-part item. Therefore, two additional motions are required. Motion Commissioner Jaskiewicz moved to request to remove Tract F, the Church parcel, from the master plan in connection with the request to reclassify and rezone Tract "F" to replace the planned church with a health care campus as per conditions in staff comments, additional 17 MEETING MINUTES REGULAR CITY COMMISSluN BOYNTON BEACH, FLORIDA 'J,",..". ...." . JANUARY 20,1998 Commission comments and comments added this evening. Commissioner Tillman seconded the motion that carried 4-1. (Commissioner Bradley dissented.) Motion . . i ~ __1.....:. ,,' _...!' ~~ -,' .~:'--- r_;~ -. '.~-. Commissioner Jaskiewicz moved to approve the land use amendment for Woolbright Place PUD as per staff comments and all those included at this Commission meeting this evening. Commissioner Tillman seconded the motion that carried 4-1.,~ :s(Commissioner Bradley dissented.) '_ '~:':':-:"j "".;~ ;~'..,;c,v/'- .-> , Woolbright Twin Medical PlaZa (f.k.a.. Woolbright Medical Office) David Remland '~ "',~i '.;';;l~;':';h''f~j j:t;u-,,<':,;c' Fredric Newman '~- '} ,"_':~v!.:''5 'rrnnf,:,~,,:,- ,:". ~ Southwest comer of Woolbright Road and the E-4'Canal Request for a 12' wide utility _easement' abandonment in connection with development of the parcel as the Woolbright Twin Medical Plaza, formerly referred to as .Woolbright Medical Offices (Proposed Resolution No. R9B-t7) ~rt~ili~IT~: i2t~ ,... ~ ~> ,--.~ ~: ;~-~ ~'_:~::'~:~4:~i~?~::-- . V;}'-., The applicant was not present, and staff had no additional comments to offer. :: ',' : ~- ,,..,.. .-.L~ ~~:"'l ~';S"f.i 3.f~~; ~: '.,. B. Project: Agent: Owner: Location: Description: ~~;. ;.~ r..~Y.._..w~-.-.IJ~1- ft...;:..~ ,:".- Motion ~. ,-..' ._~-~"":. -, i .::.':' -,,;" -_" I jr'"'~~ ~ > Vice Mayor Titcomb moved to approve Agenda Item VII-B for the abandonment of a 12-foot wide utility easement for Woolbright Twin Medical Plaza~ Commissioner Bradley seconded the motion that carried 5-0. ::::.'/"-i.,::-e- f VIII. BIDS: .' ...., : - -:~ . . None IX. DEVELOPMENT PLANS: None ;. .h X. NEW BUSINESS: A. Discussion of Possible Town Meeting Commissioner Jaskiewicz questioned whether any future town meetings are contemplated. )"~ '-..:.:. Mayor Ta~lor is in favor of such meetings but suggested delaying them until after the election on March 10 . B. Early Retirement Commissioner Bradley requested that the Finance Director pr~pare a report spelling out the cost analysis of early retirement in each department. 18 MEETING MINUTES REGULAR cnv COMMISSION BOYNTON BEACH, FLORIDA JULY 21, 1998 Jaskiewicz added that in Oipper Cove, the residents must adhere to every rule or they are not permitted to stay in the complex. Consensus There was a consensus of the Commission that staff should move forward with a proactive approach and arrange a workshop meeting for a later date. XI. LEGAL: A. OrdinanE:es - 2nd Reading - PUBUC HEARING 1. Proposed Ordinance No. 098-22 Re: Amending Chapter 6, "Cemeteries" of the Code of Ordinances by amending Section 6-3 to abolish the Board of Trustees of the Mun.icipal Cemetery and establishing a cemetery fund, and amending Section 6-5 to remove all reference to that Board of Trustees and the trust. " Attorney Cirullo read Proposed Ordinance 098-22 by title only. MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 098-22. Commissioner Titcomb seconded the motion. City Oerk 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 comer of Woolbright Road and Knuth Road and amending Ordinance 91-70 by rezoning The Hamptons at Boynton Beacp PUD Att(~rt1ey Orullo read Proposed Ordinance 098-23 by title only. MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 098-23. Mayor Pro Tem Tillman seconded the motion. Oty Clerk Sue Kruse polled the vote. The vote was unanimous. 3. Proposed Ordinance No. 098-24 Re: Amending Ordinance 89-38 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 26 .- MEEnNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 21, 1998 First.Baptist Church of Boynton Beach from Moderate Density Residential '. to Local Retail Commercial Development (PCD) Attorney Orullo read Proposed Ordinance 098-24 by title only. MAYOR TAYLOR ANNOUNCED TIiE PUBUC HEARING. TIiERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner litcomb moved to approve Proposed Ordinance No. 098-24. Commissioner Denahan seconded the motion. City derk 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 Arst Baptist Church of Boynton Beach from Planned Unit Development (PUD) to Planned Commerdal Development (PCD) Attorney Cirullo read Proposed Ordinance 098-25 by title only. MAYOR TAYLOR ANNOUNCED TIiE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON nns ORDINANCE. Motion Commissioner Denahan moved to approv~ Proposed Ordinance No. 098-25. Mayor Pro Tem lillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 5. Proposed Ordinance No. 098-26 Re: Amending Ordinance 89-38 to amend 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 Cirullo read Proposed Ordinance 098-26 by title only. MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. TIiERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Denahan moved to approve Proposed Ordinance No. 098-26. Mayor Pro Tem Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 21, 1998 First. Baptist Church of Boynton Beach from Moderate Density Residential . to Local Retail Commercial Development (PCD) Attorney Cirullo read Proposed Ordinance 098-24 by title only. MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner "Titcomb moved to approve Proposed Ordinance No. 098-24. Commissioner Denahan seconded the motion. Oty 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 Orullo read Proposed Ordinance 098-25 by title only. MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Denahan moved to approve Proposed Ordinance No. 098-25. Mayor Pro Tem "Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 5. Proposed Ordinance No. 098-26 Re: Amending Ordinance 89-38 to amend 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 Orullo read Proposed Ordinance 098-26 by title only. MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Denahan moved to approve Proposed Ordinance No. 098-26. Mayor Pro Tern Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 27 W. PALlI BEACH 1501 Presidential Way #17 686.7603 ACUPUNCTUREE;~;~'~~~E 520.00 OFF 1 st TREATMENT WITH AD IN U.S.A. · AMERICAN M.D. ON STAFF' FREE CONSULTATION · MOST INSURANCE ACCEPTED · L1C. BY CHINA & FLA. · WE USE DISPOSABLE NEEDLES ONLY. WASHINGTON ACUPUNCTURE CEN~Ek I "More acupuncture experience than any clinic in the U.S." Dr. lee opened the nation's tirst Acupuncture Center in 1972. ince then proven resutts ot millions of acupuncture trreatments earned us a world-wide recognition as the leading clinic for treatment of medical condilions. FT. LAUDERDALE BOCA RATON ~ 4834 N, Fed Hwy. 875 s'::~~~ Rd, ~ 491.5650 368.6502 SUNRISE 7800 W, Oakland Pall< Blvd, 742.2640 Ifta i Dr. Yao Wu Lee, Director NO. 408364 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, prope~ owners, r~arding a total of 14,18 acres located one quarter l V4) mile north of the intersection of Woolbright Road and S.W. 8th Avenue on the west side of S.W. 8th Avenue. This reCllJest will also be considered by the City Commission of THE' CITY OF BOYNTON BEACH, flORIDA, on Tuesday, January 6, 1998 at 7:00 e.m., or as soon thereafter as the agenda permits at the CITY HALL COMMISSION CHAMBERS. r/n FIRST BAPTIST CHURCH OF BOYNTON BEACH PCD LAND USE AMENDMENT AND REZONING NATURE OF REQUEST: To amend the Future land Use Map of the Comprehensive Plan from Moderate Density Residential to local Retail Commercial and to rezone the property from planned Unit Development (PUD) to Planned Commercial Development (PCD) to allow tor a health care camp-us with a nursing home, assisted care living facility and medi- cal offices. LEGAL DESCRIPTION: Tract F, Woolbright place Plat No.1, according to the plat thereof as recorded in Plat Book 67, p'age 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 p'erson who decides to apReal any decision of the Planning ana Development Board ana/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 proceed- lOgs 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 PUBLISH: Palm Beach Post, December 12 & 22, 1997 .....,... ~ / Iv-r/~ MINUTES ~.' THE REGULAR CITY COMMISSIO.. MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 16,1999 AT 6:30 P.M. FIrSt ~ PRESENT Gerald "Jerry" Taylor, Mayor Shirley Jaskiewicz, Vice Mayor Henderson Tillman, Mayor Pro Tem Jamie Titcomb, Commissioner Nellie Denahan, Commissioner Wilfred Hawkins, Interim City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Reverend Rick Riccardi - Police Chaplain C. Pledge of Allegiance to the Flag led by Vice Mayor Shirley Jaskiewicz Mayor Taylor called the meeting to order at 6:35 p.m. Following the invocation, Vice Mayor Jaskiewicz led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor requested the addition of Item III-B.1.d, "School Board Letter", and Item III-B.1.e, "Receipt of City Award". 2. Adoption Commissioner Titcomb moved approval of the agenda as amended. Mayor Pro Tem Tillman seconded the motion that carried unanimously. II. ADMINISTRATIVE: A. Appointments to be made: 1~__Appointing an Interim City Manager (PROPOSED RESOLUTION NO. R99-12) Motion Mayor Pro Tern Tillman moved to appoint Wilfred Hawkins, Support Services Manager as the Interim City Manager. Vice Mayor Jaskiewicz seconded the motion. Mayor Taylor noted that no additional compensation was noted in the Resolution. He recommended that Mr. Hawkins meet with the Human Resources Manager to discuss additional compensation and return to the Commission with a proposal. MEETING MINUTES itEGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 2. Board' Appointments: Appointment To Be Made N Tillman Mayor Taylor* N Tillman III Jaskiewicz Mayor Taylor II Denahan IV Tillman III Jaskiewicz* II Denahan III Jaskiewicz* N Tillman Board Adv. Bel. On Children & Youth Adv. Bel. on Children & Youth Bldg. Bd. Of Adjustment & Appeals Code Compliance Board Cemetery Board Community Relations Board Community Relations Board Community Relations Board Education Advisory Board Recreation & Parks Board Recreation & Parks Board Stu/Reg Alt Alt Alt Alt Reg Reg Alt Alt Alt Alt No appointments were made. Motion FEBRUARY 16, 1999 Length of Term Expiration Date 1 yr term to 4/99 1 yr term to 4/99 1 yr term to 4/99 1 yr term to 9/99 1 yr term to 4/99 3 yr term to 4/00 3 yr term to 4/00 1 yr term to 4/99 1 yr term to 4/99 1 yr term to 4/99 1 yr term to 4/99 TABLED-3 TABLED-2 TABLED-2 TABLED-2 TABLED-3 TABLED-3 TABLED-2 Vice. Mayor Jaskiewicz moved to table the open appointments. Mayor Pro 'Tem Tillman seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1. Black Awareness Day - February 20, 1999 @ 11 :00 a.m. @ Ezell Hester Center Mayor Taylor made this announcement. Debbie Majors announced that the events begin at 9:00 a.m. on Saturday and continue until 5:00 p.m. A schedule of events is available in the lobby of City Hall. . 2. . T.N.T. Concert - February 26, 1999 from 6:00 p.m. to 9:00 p.m. @ --Oceanfront Park - "Steemin' Heep" (Modern Blues Band) Mayor Taylor ma~.1bjs announcement. 3. Breakfast in Boynton/Green Market - Saturday, March 6, 1999 from 8:00 a.m. to 11 :30 a.m. at Veterans Park with 1950s entertainment Mayor Taylor made this announcement. 4. Neighborhood Summit Meeting - March 8, 1999 from 7:00 p.m. to 8:30 p.m. in the Library Program Room Mayor Taylor made this announcement. 3 ~ErnNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 B. Presentations: 1. Proclamations: a. "March is Red Cross Month" Mayor Taylor read a Proclamation declaring that "March is Red Cross Month". b. "Black Awareness Day" - February 20, 1999 Mayor Taylor read a Proclamation declaring February 20, 1999 as "Black Awareness Day" and presented it to Dorothy and Oris Walker, Eddie Mitchell and Debbie Majors. Mrs. Walker thanked the City for its cooperation in presenting the activities for Black Awareness and invifed the community to attend the events. c. "The Reverend Dr. R. M. Lee Day" - February 28, 1999 At the podium, Mayor Taylor read a Proclamation declaring February 28, 1999 as "The Reverend Dr. R. M. Lee Day", and presented it to Reverend Lee. Reverend Lee accepted the Proclamation and thanked the City for this recognition. d. Letter from School Board Mayor Taylor read the following letter into the record: "Ms. Virginia Farace, Boynton Beach City Library: Dear Mrs. Farace (Virginia): Boynton Beach High School has transitioned from a discussion topic to reality. You deserve to be singled out for the highest level of commendation on this project. You should feel great pride in knowing that the 21st Century will begin in the same year that the new high school begins to provide educational services to our community. During the years that we have known each other, you have always worked hard and had the best interest of the people as your goal. Virginia, this time I believe you outdid yourself. It is a most enjoyable pleasure to count y~--.a friend and a partner in a multitude of community initiatives. Thanks so much for all you continue to do for the students and citizens of Palm Beach County. Sincerely, William Graham, School Board Member" Mayor Taylor commended Ms. Farace for all of her hard work on the high school. e. Receipt of City Award Interim City Manager Hawkins participated on a Volunteer Recognition Program for the HeadStart Program of Palm Beach County. As part of that program, HeadStart issued the City of Boynton Beach an award that reads as follows: 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 "HeadStart Group Leadership Award presented to the City of Boynton Beach - Extraordinary Services and Dedication to Children and Families of Palm Beach County - February 12, 1999." This award is significant because the City of Boynton Beach has been supporting the HeadStart program for more than 20 years. We support the program through voluntary service through Community Policing and by providing maintenance services to the building as well as financial support. IV. CONSENT AGENDA: A. Minutes: 1. City Commission Workshop Meeting of January 25, 1999 2. Regular City Commission Meeting of February 2, 1999 B. Bids - Recommend Approval - All expenditures are approved in the 1998-99 Adopted Budget 1. Award the "CO-OP CHEMICALS AND FERTILIZER" bid to various vendors as recommended with the City of Boynton Beach's expenditure of $134,559 2. Extend the "REPLACEMENT SUBMERSIBLE WELL PUMPS WITH MOTORS" bid to Ace Pump & Supply; Atlantic Environmental Systems; and Port Marine Co., Inc., with a total estimated expenditure of $70,000 3. Award the bid -for "RENOVATION AND NEW CONSTRUCTION FOR UTILITIES OPERATIONffECHNICAL SERVICES BUILDING" to Coral- Tech Associates, Inc. in the amount of $1,560,800 (PROPOSED RESOLUTION NO. R99-23) 4. Award the bid for "PURCHASE OF ONE (1) NEW AND UNUSED ROLL- OFF REFUSE COLLECTION VEHICLE" to Volvo Trucks of Palm Beach, ~___ln the amount of $80,681 5. Award the bid for "HYPOLUXO ROAD WATER UTILITIES -o--1MPROVEMENTS" to Johnson-Davis, Inc., in the amount of $110,000 (PROPOSED RESOLUTION NO. R99-13) 6. Award the bid for "RE-BID ANNUAL CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION" to Line- Tec, Inc. with an estimated annual expenditure of $75,000 7. Award the bid for "LEASING OF FIVE (5) NEW AND UNUSED VEHICLES" to Mears Motor Livery Corp. with an estimated annual expenditure of $18,375 5 MEETING MINUTES REGULAR cnv COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 ". 8. Renew the bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE" (LIQUID CAUSTIC SODA) to Jones Chemicals, Inc., with an estimated annual expenditure of $40,000 9. Approve split award of "BEVERAGE AND FOOD CONCESSIONAIRES FOR THE GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) AND CULTURAL FESTIVAL 1999" to Kiwanis Club of Boynton Beach for the beverage portion and San Francisco Puffs & Stuff, Inc. of Fort Lauderdale for the food portion with an income of $14,600 (PROPOSED RESOLUTION NO. R99-14) 10. Award the "ANNUAL SUPPLY OF PLASTIC FRONT-LOAD CONTAINERS" to Truck Max, Inc., for $15,000 reflecting an individual cost for 2 C.Y. containers at $499 each and 3 C.Y. containers at $699 each. Sanitation anticipates an annual estimated expenditure of $15,000 C. Resolutions: 1. Proposed Resolution No. R99-15 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board action of January 27, 1999: . a. Authorization to expend $55,000 to replace existing in-house irrigation and plant water pumps on an emergency basis from Sinking Fund; Authorization to expend $11,000 to recore radiator of small generator in the blower building on an emergency basis from the Sinking Fund; Authorization to extend J&J Baker's contract for an additional five (5) years at a rate of $25.26/1,000 gal. liquid sludge and $8.41/cubic yard - cake sludge; Authorization to instruct Widell, Inc. to utilize $19,371.00 [RFP-1] + $6,881.00 [RFP-2] = $26,252.00 of the $200,000 allowance for unforeseen conditions in their contract for improvements to the Sludge Management Facilities. (No additional monies need to be appropriated.) Authorization to enter into contract with V.I.P. Painting, Inc. in the amount of $88,920 for painting of the exterior surfaces. (No additional monies need to be appropriated.) b. c. d. e. 2. Proposed Resolution No. R99-16 Re: Approving the full surety release of $1,763.30 for the CarMax site water system improvements 3. Proposed Resolution No. R99-17 Re: Supporting Palm Beach County League of Cities Proposed Resolution No. 98-6 regarding pawnshops 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 1&, 1999 4. Proposed Resolution No. R99-18 Re: Approving an agreement between the City's G.A.L.A. Committee and Sheldon Amusements for the amusement company to plan, organize and implement the Kids Komer games and rides area for the period of March 18 through 21, 1999 5. Proposed Resolution No. R99-19 Re: Approving the security agreement between the City of Boynton Beach and Southern Star to provide 334 hours of special event security for a total cost of $3,744 for the 1999 G.A.L.A. event for the period of March 18 through March 21, 1999 6. Proposed Resolution No. R99-20 Re: Approving contractual services between the City of Boynton Beach and Local Initiatives Support Corporation 7. Proposed Resolution No. R99-21 Re: Approving contractual services between the City of Boynton Beach and Palm Beach County Construction Management Institute, Inc. 8. Proposed Resolution No. R99-22 Re: Authorizing Work Authorization No. 6 amending the professional services contract between the City of Boynton Beach and Camp, Dresser & McKee, Inc., for' construction services and additional services related to the downtown regional stormwater improvement project, phase I D. Ratification of Planning & Development Board Action: 1. Lake Eden Place - Deanna Patrick - South Lake Drive (Lot 14, Block 1) - Request approval to allow an increase in the height of a proposed single- family home to 32%' from the maximum of 25' Item IV-D.1 was withdrawn at the Planning & Development Board meeting at the request of .the applicant. Therefore, this item is not included in the motion for the Consent Agenda. 2. Shoppes of Woolbright - Home Depot Tool Rental Center - North of -..:-..-...Woolbright Road and east of the L.W.D.D. E-4 Canal- Request to amend the approved master plan to move 2,789 square feet of approved/undeveloped space to Home Depot, to modify parking -""-circulation aisle and loading area, and correct parking space calculation 3. Foster Farm PUD (fka Foster Mill) - Julian Bryan - North side of Miner Road, one-half mile west of Congress Avenue - Request to amend the approved master plan to increase building height from 25' to 3D', and to add plan details such as privacy fence, private recreation and entry walVsignage locations 4. Foster Farm PUD (fka Foster Mill) - Julian Bryan - North side of Miner Road, one-half mile west of Congress Avenue - Request for site plan approval for landscaping, perimeter buffer, common areas and signage 7 ~EETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 E. Approval of Bills Motion Mayor Pro Tern Tillman moved to approve the Consent Agenda as amended. Commissioner Titcomb seconded the motion that carried unanimously. V. CITY MANAGER'S REPORT: Mr. Hawkins thanked the Commissioners for giving him the opportunity to transition the City through this period of time. The team concept will continue. The leadership team will continue to provide the leadership that was provided over the last two years. We will continue to provide uninterrupted top quality service through this transition. VI. PUBLIC AUDIENCE: INQIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS Herb Suss, a resident of Quail Run, said the Police force is down by 15 members. During the months of January and February, nine members left the City and more are expected to leave. This is a concern of the residents of Quail Run. Mr. Suss thanked the Commission for appointing Wilfred Hawkins as Interim City Manager and believes Mr. Hawkins should be given an increase in pay. He urged the Commissioners to appoint him permanent City Manager. Ed Tedtmann suggested that the City Commissioners approve a pay raise for themselves. He recommended that the salaries be increased to $10,000 per y.ear for each Commissioner because of the time and effort involved in the position. VII. PUBLIC HEARING: Upon recommendation by Attorney Cherat, the City Commission meeting recessed and the CRA meeting convened at 7:05 p.m. Attorney Cheraf administered the oath to all that would testify during the prace..edings. A. Project: A~~__ Owner: Location: DeseFitltion: Boynton Beach Marina Robert Currie Ocean Breeze Festival Park, Inc. Casa Lorna Boulevard Request conditional use approval to construct a mixed-use project with 229 apartments, 8,262 square feet of retail space, a 152-seat restaurant, along with modifications to Phase I to comply with development agreement Robert Curriey Architect for the project, reported that the purpose of appearing before the CRA was to revise the original site plan to include 229 apartment units. In providing a brief history, Mr. Currie advised that the "boat barn" was eliminated along with some of the retail. Mr. Currie said he would address the primary issues of concern which include: 8 ,.,ErnNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 1. Parking - Productive meetings with the people along Casa Loma Boulevard have been held and an interesting arrangement has been worked out. Mr. Currie said Martin Perry would address this issue later in the meeting. The developer has submitted 505 parking spaces in total; however, a methodology is in place to increase that number. 2. Access to the Waterfront - All waterfront property is accessible for everyone. The tightest accessible point is 28' and is located between the apartment building and the approved two-story building. At the gazebo circle, the width is 76'. Therefore, the developer will be providing more accessible area than was provided under Phase I. All of the same characteristics will be provided including the brick pavers, lights, tree grates, trash containers, benches, bollards and the trees. The developer has been consistent with the pedestrian-friendly concept. Mr. Currier addressed the conditions of approval as follows: Comment #76 - "Permit 6 Phase /I site will be designed for a temporary parking facility for 450 cars per City Commission motion adopted April 7, 1998 or per shared parking study to' be completed by the City during Phase I." Mr. Currie advised that there is not enough room to provide temporary parking for 450 cars,' This comment is also in conflict with Comments 50 and 65. Mayor Taylor pointed out that the back-up information indicates that the Planning & Development Board rejected this comment. Comment #73 - "The road will be constructed at an elevation of IS'6"." This comment should read that "The road will be constructed at an elevation of a minimum of 5.5 feet", The road will go higher toward the west of the site (probably to 6.5'). Comment #31 - "Regarding proposed construction of Casa Loma Blvd., NE 6th Street and the private roadway, the applicant should be aware that roadways constructed in muck or peat shall be constructed ---- in conformance with Chapter 6, Article IV, Section 10. E. of the City's Land Development Regulations. " Mr. Currie said this- requirement is not practical. This is 23' deep and presently on muck. The road going up to the bridge is on muck. The developer will stabilize the soil on top to support the road. Furthermore, the developer is required to maintain the road. Therefore, if it does not hold up, he (Mr. Jarvis) is responsible. Comment #30 - "Submit plans for review and approval for the proposed temporary parking lot. Temporary parking shall be provided in the Phase /I apartment building site area until Phase /I is constructed. The temporary parking area shall have landscaping, lighting, drainage and sidewalks." 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 Georges restaurant and related uses within the marina use an estimate of 50 spaces. This is a reduction utilizing the 50% reduction in the CBD and an estimated 47 spaces for the dive shop. This totals 97 additional spaces. In figuring out a way to address the privatized spaces, 207 are provided. This takes away the 200 spaces that are reserved. One hundred and seventy-nine spaces are needed by the project and this includes the 113 apartment units that are not provided for by the private spaces. This provides a surplus of 28 spaces. If staff incorporates traditional uses, 97 additional spaces are needed. This would result in a shortage of 69 spaces. The applicant has a solution to accommodate the additional parking needs. Martin Perry, representing Two Georges Restaurant, said meetings have been ongoing since the Planning & Development Board meeting in an effort to try to resolve the problems discussed by Mr. Rumpf. Former City Manager Willis advised that there is funding available in the CRA for parking in this area. During the Planning & Development Board meeting, the developer was in agreement with Mr. Rumpfs analysis that there was inadequate parking. After spending a great deal of time dealing with this issue, a plan has been devised to increase the existing 505 spaces that are currently proposed to be provided by the site plan by 130 additional spaces. This would more than adequately address the issue. This would be accomplished with utilization of funds from the CRA and a methodology to return the funds to the City would be put in place. Mr. Perry said the developer proposes: . The addition of a half deck to the parking garage that would increase the parking by 50 spaces. . Along the eastern extension of proposed Boynton Beach Boulevard, on the north side of the eastern extension adjacent to the proposed apartment structure, the developer could add another 40 or more parking spaces depending on how much latitude the City is willing to grant. . The third location for additional parking would be on the south side of Casa Loma Boulevard between the most eastern Two Georges building and Mrs. Hall's building. The developer would rebuild the bulkhead, extending it slightly southerly into the water and create a cutout from the street (at the eastern end and out at the western end near the cul-de-sac). In the opinions ~e architect and engineer, these things can be accomplished. It is their estimate that they can be accomplished within the $750,000 that Kerry Willis indicated was available to the CRA. In doing preliminary conservative estimates, Mr. Perry determined that the developer wilfEind up with 325 spaces that would be shared by everyone. The balance of the 630 spaces would be utilized for the residents. At an assumption rate of $2 per space, $650 per day would be realized. Mr. Perry rounded that number down to $600 per day and projected it out over 300 days. This rate would produce $180,000 of annual revenue. This money, invested at 10% interest, would payoff $750,000 at the end of six years and leave the City with a positive cash flow of $59,000 after payment of debt and interest. In Mr. Perry's opinion, this is a wise use of the funds since it is money that the City was not planning on recouping. The developer feels it is important to have some type of metered or controlled parking in this area in order to ensure the proper usage of the parking in the area. One hundred seven parking spaces would be in the parking garage. The remainder of the spaces could be metered. This would solve a problem and address the issue of returning funds to the public. 12 MEmNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 ". Another item that was dealt with was the design of the cul-de-sac. As was previously designed, the cul-de-sac had different elevations and had guardrail and curb abutments around it. All of the pedestrian and vehicular traffic would be dropped off on the north side of Casa Lorna Boulevard in front of the restaurant. That cul-de-sac has been redesigned so that it is open with removable bollards. This would allow emergency and service vehicles to go beyond the cul-de- sac, prohibit regular traffic during times when pedestrians and patrons are in the area, and allow for better use of the area. This will provide a positive solution to the problem of getting emergency vehicles to the end of Casa Lorna Boulevard. Previously, the proposal called for grass on the sides with a center walkway down to Casa Lorna Point Overlook. The developer is proposing to do the entire area in paver blocks paid for by Two Georges and the developer. Attorney Cherof referred the Commission to Condition #62 that reads as follows: "Clarify whether the areas east of the Casa Loma Blvd. cul-de-sac and south of retail B are sod or paved areas." Mr. Perry pointed out that Condition #62 would be clarified with the proposal he described. He added that landscaping would be included and the costs would be shared. The last item of concern involved the utilization of Point Overlook once it is reconstructed and the dock north of the Point Overlook area adjacent to the proposed restaurant on the north side of Casa Lorna Boulevard. The developer proposes that the area be utilized by both restaurants for outside dining as long as an appropriate walkway is left open for pedestrian traffic. When Mr. Currie pointed out that area on the map, Mr. Perry explained that no one knows who owns Point Overlook. Mayor Taylor pointed out that there could be confusion between the restaurant owners regarding whom the tables belong to. Mr. Perry said there would be an understanding between the parties about which tables each one owns. The restaurant owners would find a fair solution governed by the City. Mr. Perry thanked Mr. Jarvis, Bob Currie and Kerry Willis for their patience during this process. Mayor Taylor explained that it was his understanding that all parties are in agreement with the concept. Mr. Perry recommended that the concept become a condition of approval. Mr. Perry distributed a copy-ef. a memorandum that clarifies the concept. (A copy of this memorandum is attached to the original set of these minutes on file in the City Clerk's Office.) In response to ca'mmissioner litcomb, Mr. Perry said the developer would have to work with the City regarding easements. There are a number of legal documents that everyone would have to agree to be part of. Mrs. Hall would be involved in the parking at the north side of Boynton Beach Boulevard. Everyone has agreed; however, Mrs. Hall is out of town and her daughter, Judy Andrews, has been in touch with her and she has blessed the arrangement. Judy Andrews, Janet Hall's daughter, represented Mrs. Hall. Mrs. Hall gives her blessings to this agreement that has been worked out. This property runs 18' x 200' in front of the lift station owned by the City and due east of that area by another 18' x 200' (running east/west and 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 '. owned by Janet Hall). Mrs. Hall is in agreement with this proposal as long as she has access to her property that runs farther east. She is certain the logistics can be worked out. When Commissioner TItcomb questioned whether or not the arrangement would be a leasehold or sale of the property, Mr. Perry said the developer is considering a leasehold. However, everything is subject to definition. In terms of the actual parking spaces, more work is required. The developer would like conceptual approval with direction to staff to work with the developer toward the goal of finding as many parking spaces as possible. Vice Mayor Jaskiewicz is pleased with the redesign of the cul-de-sac and feels the area will lend itself better to pedestrian use. She referred to the higher elevation of the project and pointed out that this is a State requirement. Mr. Rumpf explained that the higher' elevation is the minimum elevation necessary to meet State requirements. This project could not go forward unless t-his requirement is met. Mayor Pro Tern TIllman asked Peter Mazzella to explain how the Two Georges property and marina property would drain and whether or not there would be a backup of water. Mr. Mazzella explained that he had not yet seen the latest sketch. However, it was his understanding that the applicant wants to use his own drainage system that has one outfall to the south finger canal and relies upon exfiltration trenches to provide pretreatment on the site. Mr. Currie confirmed that was the developer's intention. He said all water would be retained on site. Mr. Perry reiterated that the developer solved the pr:oblem of drainage relative to Two Georges. David Geller questioned whether a petition was delivered to the City Commissioners. Commissioner TItcomb explained that it was delivered to the former City Manager for distribution to staff and the City Commissioners. All Commissioners read a copy of the petition. Mr. Geller questioned the location of the temporary parking. He feels this project should not be approved until all of the developer's intentions have been expressed. Mayor Taylor confirmed for Mr. Geller that the retention pond issue was settled with the property owner. Mr. Geller also expressed his opinion that the City should have purchased this property instead of the property by Wahoo's for the purpose of building a marina. He said there are eight dive boats on the south side of the..marina. Each person on the dive boats comes to the area with a car. This situation takes up all of the parking. Mr. Geller feels the citizens are being deprived of something that belongs to the City. When Vice Mayor Jaskiewicz pointed out that the patrons of the dive boats have been parking on the street, Mr. Geller said they should not have to park on the City's streets. Mayor Taylor said the City is now creating parking that has been needed for a long time. Lawrence Sheba is opposed to the project and pointed out that the artist's rendering that was shown in September is vastly different from what is currently being approved. The previous rendering focussed on public access. He feels this building will look out of place. In 1969, the pamphlet the Chamber of Commerce handed out depicted Boynton Beach as a fishing community. We took pride in that. Delray Beach cannot offer what we have to offer. It would 14 .MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 be in the best interest of the City to purchase the property rather than purchasing the property next to Wahoo's. The City could have a working marina that would bring revenue into the City. Dee Zibelli, 440 Ocean Parkway, said she has been investigating the safety issues. Our new Codes require sprinkler systems in the buildings. Our present aerial ladder truck would reach the height of the building, but the ladder must be positioned in a certain way. If there is an implosion, it would be very difficult for the firefighters because they will not have access to two sides of the building. She requested that serious consideration be given to this issue. Herb Suss, resident of Quail Run, attended the Planning & Development Board meeting last week when this project was approved by a 4-3 vote. While Mr. Suss is in favor of the project, he feels there are too many loose ends and the Commission is rushing to approve this project. He suggested that the Commission consider issues such as noise, carbon monoxide and sanitation. He further pointed out that there are 229 apartments in this project. If everyone has two cars, they will overtax the parking and their guests will have no where to park. He also opposes the height of the building. He recommended not building higher than six stories. He has reservations about this project even though this project is important to him. He recommended that the Commission table this project to allow for more consideration time. Victoria Costello, 406 South Seacrest Boulevard , concurred with the remarks of those who spoke previously. She pointed out that in October, the Commission signed the first amendment to the development agreement. She feels the boat storage facility would have had significantly lower impact on this area. Mr. Garcia is transferring his interest to Mr. Jarvis who wishes to building 229 apartments on a parcel that is only 7 acres. Since the downtown area will define the City of Boynton Beach, she requested that the Commission refrain from approving any changes to this strategic area at this time. Charlie Fisher believes the marina. is a great project and is important to the City's future. However, there are a lot of items that need to be worked out. He requested that the Commission table this item to allow time for these details to be worked out. Bob Foot, 2400 SW 1 Street, referred to Mr. Currie's discussion of moving out the bulkhead. He pointed out that this would involve cutting out nautical waters. He said the overlook has always been public property and a nice place for everyone to visit. This proposal depicts the overlook as private'.property. He urged the Commission to respect the public's use of that public property. Ed Tedtmann, 869 NW 8 Avenue, reviewed the plans for this project last week and did not see any specifications for the exterior finish materials. He questioned whether or not the exterior will be in harmony with the existing properties. He further inquired as to whether any marketing studies have been done for high-end apartments in downtown Boynton Beach. He asked if the project could be converted to condos if the apartment complex cannot provide the operating income that is necessary. He feels it is very important to have a clear fire lane on the north side of the building even through the construction phase. Mr. Tedtmann said he looked at the private/public space and the mix does not "jive" in the pool area. Furthermore, a high- end tenant would not feel comfortable mixing with the public in that area. 15 ~EETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 Harry Marcus, 650 Horizons East, said he spoke with the Rre Chief about safety and was assured that there is fire prevention equipment in the building. He questioned whether or not staff felt comfortable that this is a fireproof building in the event there was to be a fire in one of the higher stories of the complex. Tom Tamany, 400 South Federal Highway, is interested in the zoning since that issue resulted in the dismissal of one of the City's most valued employees. We are looking at zoning that will accommodate 40 units per acre and we have 240 units with a garage crammed into three acres. We have used the seven acres of the marina to justify 240 apartments. Mr. Tamany feels the public deserves an apology and the Commission should rehire the fired employee. This project began with a marina and now every inch of the parcel has been configured. There is not enough parking. He visited Casa Loma Boulevard and counted 60 spaces on each side of the street. If this is supposed to be a marina, then he recommended that the plans for the apartments be put on hold. He cannot make sense out of rushing to build an apartment house. The City would also be providing $750,000 in forgiveness for Code requirements. We do not have a performance bond set up, nor do we have a completion bond or schedule of what will be done and when it will be done. The builder should be bonded. Mr. Tamany is in favor of the marina but does not believe it is necessary to rush the apartment house. Mr. Cur~ie requested an opportunity to respond to some of the issues raised. With regard to the drainage on the west side of the building, the developer has a conceptual plan that allows. for the two pipes that are needed. The civil engineer is confident that problem has been solved. Janet Hall's property-to the north has been addressed. One member of the public was concerned that there was no turnaround on the east side of the property. Mr. Currie said there is a 90' diameter road to accommodate the largest of trucks. The temporary parking will be on the west side and will be included in Phase II. This proposal closely follows the recommendations of Visions 20/20 where eight-story buildings were suggested. The developer has provided an eight-story building that follows a fishing village theme. All of the waterfront is open to the public and the developer will be expanding the docks. There is access on three sides of the buildings. The only area that is inaccessible is the side of the building facing the water. In the marina area, there are sprinklers on the building that sp~~ut toward the boats. All of the buildings are sprinklered and made of the highest quality fireproof materials that include block walls, hardboard exteriors, and metal roofs. The hook and ladders extend to a height of 70'. This project will be 68' to the ceiling of the top unit. By changi~,-aH-dumpsters to compactors, more trash can be accommodated in a smaller space. There will be a 6' wall between the pool fOT the residents and the common area. This project has been in the process for approximately 12 years. The developer would like approval to move forward subject to additional parking and financial assistance from the City toward this end. Vice Mayor Jaskiewicz pointed out that there has been so much public debate about redeveloping the downtown. This project can enhance an area that was becoming blighted. She expressed surprise that some of the speakers were in favor of the boat storage. Every issue has been addressed. The City is trying to put a beautiful $45 million project in the 16 MEmNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 downtown. This Commission has been very thorough in reviewing this project and it is 100% better now than it was when it was originally submitted. Vice Mayor Jaskiewicz said there have been rumors that this project began with 120 apartment units. That was never the case. The original proposal included well over 300 apartment units. Commissioner Titcomb said there has been a great deal of public input and revision associated with this project. Although the speakers talked about assumptions, they were all negative. No building will be designed that will answer the aesthetic desires of every constituent. Commissioner Titcomb was very pleased that the cooperation of adjacent property owners was gained. Once the property owners got together, a viable solution was able to be found. There are still things to be worked out and many legal documents to be written. However, now is the time for leadership. This project will not move forward unless it is economically feasible and built to all Codes and specifications. No one will commit the time and money this project demands unless it will be successful. Although Commissioner Titcomb is sorry that the dock rents will increase, he understands that this is necessary because of the money being invested in this project. Commissioner Titcomb has a concern with the installation 'of parking meters on this property. He would prefer to look at tl:1is as an investment in our future. He would like to see this as open and shared free parking for the City. It may be necessary to put meters in the most critical areas such as the shop fronts ot waterfront to allow for turnover. He recommends that' the employers find methods and mitigated parking to place employees off-site and provide ways to transport them to work in order to leave the- spaces open for the public. Since the beginning, it has been obvious that to make the project viable and to revitalize the downtown, it is necessary to have people living there. All of the businesses would benefit from the placement of residents in the downtown. Commissioner Titcomb would like the Commission to conceptually approve this project with full confidence that staff and Codes will protect the City from any major errors that might derail the project. Mayor Pro Tem Tillman recalled not liking the project when it first came before the Commission. The Commission was opposed to the boat storage and the fact that many questions were not answered. He now feels that this project has grown up. He had great concerns about the "shared vision" and cooperation. He now feels the surrounding property owners have gotten together with the developer. Many of the negatives have become positives. In order to have a strong commercial base, a strong residential base is needed. There are always objections to development. He--reeommends that everyone look at the long-term vision and what is best for the City. Until now, Boynton has been stagnant. The only way to change the direction is to show a footprint. This City will continue to grow and be the City it should be. Commissioner Denahan was encouraged at seeing this development, but she regards the parking situation as the biggest issue. She does not believe the Commission should use the entire CRA fund of $750,000 for this project since they City has given so much already. She recommended that the developer continue to work on the parking issue to develop something that would not require the use of the CRA funds. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 Mayor Taylor explained thatthis funding would come from contingency and not the CRA fund. This contingency money has been set aside to address parking in the downtown area. Mayor Taylor pointed out that this project started out providing approximately 200 parking spaces. They are now proposing 645 parking spaces. Even though there will be spaces dedicated to the residents, the remaining number of spaces is still over and above what was originally intended. In addition, through cooperation, the developer has come up with an agreement everyone could buy into to provide parking so that the businesses can thrive. The Commission started with a vision and the focus was to pursue the vision and reach a goal. Procrastination does not provide an end result. Someone must step forward and make things happen. The public was part of the visioning process and was promised this project would not end up on a shelf. This is now a good project and Mayor Taylor supports it and feels it is time to move forward. Vice Mayor Jaskiewicz acknowledged Mr. Currie as a renowned architect and thanked him for his patien~e. She reminded everyone that he was the designer for the bridge and this project will compliment the bridge. Mayor Taylor reiterated that the money the Commission put forward with respect to permit fees . is based on the developer building in phases. The developer does not get any reimbursement from.the City until those items are completed. Mayor Pro Tem TIllman recommended that the Commission approve the conditional use subject to clearly defining some parking information and the actual definition of the ownership of the dock area. Motion He moved approval to construct a mixed use project with 229 apartments, 8,262 square feet of retail space , a 152-seat restaurant, along with modifications to Phase I to comply with the Development Agreement and subject to all terms and conditions mentioned and added by staff. Attorney Cherof recommended that the Commission breakdown the motion since there were a number of condition.~ ~hat were specifically referenced. He recommended that the Commission vote on each one of the conditions independently. He' also added that he would provide a recommendation to be added under "Additional Commission Conditions" to address the issue Mayor Pro Tem TtHm8n raised about this being a footprint. Attorney Cherof referred to Condition #13 that dealt with emergency access. Commissioner TItcomb said this condition references an emergency lane. It is represented in the expanded joint property owners' agreement that was submitted by Mr. Perry. He explained that if the Commission were to adopt the joint agreement, it would take care of the issues in Comment #13. Attorney Cherof clarified that the memorandum that was submitted by Mr. Perry must be converted to an agreement between the property owners in recordable form and provided to the City to be made part of the Developer's Agreement. Mr. Currie said he was in complete agreement with Mr. Perry's letter. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 Attorney Cherof advised that adoption of the memorandum would take care of Condition #13. Condition #30 dealt with the temporary parking and required lighting, drainage, and sidewalks. Attorney Cherof said there was a tentative agreement that this temporary parking would not have those items. However, there would be curb stops, railroad ties and some temporary poles for lighting. Mr. Rumpf recommended deleting landscaping and sidewalks and that it remains consistent with the Developer's Agreement. Mr. Rumpf also stated that the drainage must be subsurface, thorough and is able to catch the first 2". Staff will work it out so that it meets minimal requirements. Commissioner Denahan referred to Condition #34 and questioned whether Phase I and Phase II are addressed in the Developer's Agreement. Attorney Cherof responded negatively. However" he pointed out that the easiest way to clear up some of the conditions such as the temporary parking lot, incentive distribution, and location of the small parcel of property at the east end of Casa Loma Boulevard would be through a second amendment to the Developer's Agreement. Work is ongoing on that document. He recommended that the second amendment be a condition of approval as well. Condition #31 - Attorney Cherof explained that how the road is constructed becomes a.liability of the developer. In Condition #32, the developer is required to maintain that road in perpetuity. Mr. Rumpf does not believe that Condition #31 is a hurdle for the developer. It references a Code section that sets forth minimal requirements to prepare an appropriate roadway. It does not state the magnitude or yolume of the removal of the subsurface materials. Mr. Currie was in agreement with Mr. Rumpf's explanation. Condition #62 - There was agreement on the paver blocks. Condition #64 - There is a comment at the bottom of the page that deals with additional parking for Two Georges and the Dive Shop that is addressed by the conceptual agreement of the property owners. Attorney Cherof said all of this would be tied up in an amendment to the Developer's Agreement. With respect to the.$750,000 in CIP funds, the CRA does not have any authority to authorize that expenditure. One additional condition should be included that the City Commission authorize appropriation or expenditure of that money for this purpose. Condition #73 - Add the word "minimum" to the elevation of the road. Attorney Cherof advised that if these conditions are adopted, he should be able to report back to the Commission at its next meeting that all documents have been prepared and all conditions have been dealt with. Attorney Cherof recommended that all of his comments be included as part of the motion. There will be a rewrite of Exhibit "C", Commissioner Titcomb confirmed with Attorney Cherof that the agreement among adjacent property owners is an additional condition of approval. 19 MEETING MINUTES REGULAR cnv COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 Attorney Cherof advised that the CRA sits as the final body to approve conditional uses in the Central Business District. This approval is the last step with the exception of bringing back proof of satisfaction of the conditions. The Commission will adopt appropriation or expenditure of the $750,000 on the next agenda. Commissioner Titcomb seconded the motion. Mr. Currie requested clarification with regard to the timing of ratification of the second amendment of the Developer's Agreement. Attorney Cherof advised that the CRA is approving the project based upon the Agreement being completed. The Agreement does not have to come back to the Commission. The amendment will address how the payments will be made. If there are any loose ends, it would come back to the Commission on March 2nd. The motion carried 4-1. (Commissioner Denahan dissented.) THE CRA ADJOURNED AT 9:00 P.M. MAYOR TAYLOR DECLARED A BRIEF RECESS. THE REGULAR CITY COMMISSION MEETING RECONVENED AT 9:15 P.M. B. Owner: Location: Description: Unisite at Quantum Park Andy Zitman Zitman & Associates, Inc. City of Boynton Beach Optimist Park at Quantum Park Request approval to construct a 140' communication tower with antennas, equipment, and access road. (Postponement requested) Project: Agent: Item VII-B was postponed at the applicant's request. C. Project: Agent: Location: Description: Private Members Only Club Robert Fetrow 1107-1109 North Federal Highway Request for approval to adaptively reuse an existing vacant building for a private club (Postponement requested) Item VII-C was postponed at the applicant's request. D. Project: Agent: Owner: Location: Description: Bible Church of God - Day Care Center Shirley Waters Bible Church of God 1390 North Seacrest Boulevard Request for approval for a day care operation within an existing church (Postponement requested) Item VII-D was postponed at the applicant's request. 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 VIII. BIDS: None IX. DEVELOPMENT PLANS: None Mayor Taylor requested the addition of an item on "Tornado Safety" under New Business. Motion Vice Mayor Jaskiewicz moved to amend the agenda. Mayor Pro Tem Tillman seconded the motiof'!,that carried unanimously. X. NEW BUSINESS: A. Tornado Safety Mayor Taylor was disturbed by information he received from, the Orlando Sentinel. Thirty-four people who lived in mobile homes were killed during a tornado. After this' tragedy, they investigated and learned that several hundred thousand children were being sent to school iri mobile classrooms there were not tied to the ground. Mayor Taylor requested that Code Compliance determine whether it is our responsibility or the School Board's responsibility to check these portable classrooms. If it is the School Board's responsibility, we will bring this issue to their attention to determine whether or not they have checked these classrooms. Mayor Taylor also recommended that Code Compliance check the mobile homes in the City. Vice Mayor Jaskiewicz has the same concern regarding the nv property. Code Compliance went onto that property and some of those buildings are not permanently fastened to the ground. She requested that Code Compliance look at this situation again. XI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. -o----Proposed Ordinance No. 099-05 Re: Providing for a determination that changes to the Comprehensive DRI approved in Ordinance No. 84- 51, and amended in Ordinances Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65 and 97-20 do not constitute a substantial deviation under Chapter 380.06, Florida Statutes, 1996 Item XI-A. 1 was tabled. 2. Proposed Ordinance No. 099-06 Re: Approving the abandonment of a special purpose easement and utility easement recorded for a 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 previously proposed subdivision that was not developed (Manatee Bay fka Banyan Cove) Attorney Cherot read Proposed Ordinance No. 099-06 by title only. MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Denahan moved to approve Ordinance No. 099-06. Commissioner Titcomb seconded the motion. City Clerk Sue Kruse polled the vote that was unanimous. B. Ordinances _1st Reading 1. Proposed Ordinance No. 099-07 Re: Prohibiting operation ot privately-owned commercial parking structures in the Central Business District Attorney Cherot read Proposed Ordinance No. 099-07 by title only. Motion Commissioner Denahan moved to approve Proposed Ordinance No. '099-07. Mayor Pro Tern Tillman seconded the motion. City Clerk Sue Kruse polled the vote that was unanimous. C. Resolutions: None D. Other: 1. Value ot Ocean Ridge use ot City ot Boynton Beach Property Mayor Taylor explaine.~ that staff was given direction on this item at a previous meeting. 2. Discussion regarding a minority enterprise program Mr. Hawkins advised that the Oty Attorney did research regarding this issue and there are several approaches. However, before any type of scenario could be permitted, a foundation would have to be set to determine that a disparity exists. This is an important factor in adopting ordinances regarding the NWEB program. Mr. Hawkins recommends having a disparity study performed prior to considering the establishment of an ordinance. The study would include going back 10 to 20 years to review purchasing records and contracts. This is not a project that could be done in-house. It would have to be contracted out to a consultant. 22 NOTICE OF LAND USE CHANGE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, on Monday, December 22, 1997 at 7:00 p.m. to consider the request described herein and submitted by Ellen Smith of Unruh, Smith and Associates, Inc., regarding a total of 66.16 acres of property located on the east and west sides of S.W. 8th Avenue, approximately one-quarter (1/4) mile north of the intersection of Woolbright Road and S.W. 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. . ~~. -- I=1E WOOLBRIGHT PLACE PUD LAND USE AMENDMENT NATURE OF REQUEST: To amend the Comprehensive Plan Future Land Use Map designation for the property shown on the attached map, from Moderate Density Residential to High Density Residential. The proposed amendment is requested in conjunction with the proposal to establish a new Planned Unit Development (PUD) on a 14.18-acre parcel that is proposed to be removed from the existing Woolbright Place PUD. The subject application is not being proposed to alt'er the existing development as currently approved or constructed on the remaining 66.16 acres. The subject amendment would change the land use on that portion of the PUD that is currently classified as Moderate Density Residential, which would remain following extraction of the 14.18-acre parcel. LEGAL DESCRIPTION: Woolbright Place Plat 1, according to the Plat thereof as recorded in Plat Book 67, pages 47 through 49 in the Public Records of Palm Beach County, Florida less Tract "F", a total of 14.18 acres; and less 30 feet of the original 80 foot right-of-way, transferred from Woolbright Place PUD to Woolbright Place PCD, a total of 33,900 square feet. Said lands lying and situate in Palm Beach County, Florida, containing 66.16 acres. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board and/or City Commission with respect to the matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 J:\SHRDATA\Planning\SHARED\WP\PROJECTS\First Baptist Church of BB\LUAR\legalnot.doc ~EVELOPMENTDEPARTME MEMORANDUM NO. PZ 98-197 TO: Sue Kruse City Clerk pJt//Z-- FROM: Michael W. Rumpf Acting Director of Planning and Zoning DATE: June 29, 1998 RE: First Baptist Church of Boynton Beach (LUAR 97-002) A legal advertisement has been prepared for the July 21, 1998 City Commission Public Hearing. MWR:bme xc: Central File Attachments J:\SHRDA T A \Planning\SHARED\WP\PROJECTS\First Baptist Church of BB\LUAR\legalnot-OB.doc REQUEST FOR PUBLlSHIN__ LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two working days prior to the newspaper's ad submittal deadline. ORIGINATOR: Planning and ZoninQ PREPARED BY: Michael Rumpf DATE PREPARED: June 29.1998 BRIEF DESCRIPTION OF NOTICE OR AD: First Baptist Church of Bovnton Beach Land Use Amendment and RezoninQ. Final processing (adoption) following review by DCA. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Legal Ad for City Commission meetinQ of July 21.1998 at 7:00 p.m. SEND COPIES OF AD TO: Newspaper. applicant and Planning and Zoning Director. Final processinQ (adoption) following review by DCA. NEWSPAPER(S) TO PUBLISH: The Post DA TE(S) TO BE PUBLISHED: Julv 6. 1998 LAST DATE TO FAX TO NEWSPAPER: July 2.1998 APPROVED BY: (1) -;Zc.C., 7~?I (Originator) L, 2<;. :> ( (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: J:\SHRDATA\Planning\SHARED\WP\PROJECTS\First Baptist Church of BB\LUAR\legalnot-98.doc NOTICE OF LAND USE CHANGE NOTICE OF ZONING CHANGE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, on Tuesday, July 21, 1998 at 7:00 p.m. to consider the request described herein and submitted by Ellen Smith of Unruh, Smith and Associates, Inc., agent for the First Baptist Church of Boynton Beach, Florida, property owners, regarding a total of 14.18 acres located one quarter (1/4) mile north of the intersection of Woolbright Road and S.W. 8th Avenue on the west side of S.W. 8th Avenue. EC..' .-1;' cs. I I , L I ~ " ~rTm FIRST BAPTIST CHURCH OF BOYNTON BEACH PCD LAND USE AMENDMENT AND REZONING NATURE OF REQUEST: To amend the Future Land Use Map of the Comprehensive Plan from Moderate Density Residential to Local Retail Commercial and to rezone the property from Planned Unit Development (PUD) to Planned Commercial Development (PCD) to allow for a health care campus with a nursing home, assisted care living facility and medical offices. LEGAL DESCRIPTION: Tract F, Woolbright Place Plat No.1, according to the Plat thereof as recorded in Plat Book 67, page 47 through 49 in the Public Records of Palm Beach County, Florida. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Plc-nning and Development Board and/or City Commission with respect to the matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DiviSION (561) 375-6260 J:\SHRDATA\Planning\SHARED\WP\PROJECTS\First Baptist Church of BB\LUAR\legalnot-98.doc lilEEnNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 the bill, he contacted the City to request relief. The City agreed to adjust the account down to $651.41; however, that was not agreeable. Mr. Brown said he paid the seller to close all utilities because there was no need for them. He has been working on the property for a year and a half to bring it up to par. He used no water. It took two years for the City to let him know that it would have been possible for him to remove the meter to eliminate the availability fee. Mr. Brown insisted that he used no water. He said he paid his neighbors to use their water when he needed to make mud. Mr. Brown said he would have paid to remove the meter rather than look like he shirked his bill. Mayor Taylor reiterated to Mr. Brown that when a meter is installed, an availability fee is charged because the water is ready to use. However, Mr. Brown pointed out that his house was not ready for water use. The house was a rundown duplex that he worked on for two years. It is now ready for tenants and he can use the water. Commissioner TItcomb confirmed the figure of $180 to remove the meter. Motion Commissioner TItcomb moved to resolve the case at a cost of $180 that is the cost of removing the meter. Mayor Pro Tern TIllman seconded the motion that carried unanimously. B. Recommendation to consider paying cap fees on behalf of pilot irrigation meter projects Vice Mayor Jaskiewicz advised that part of the grant fees for landscape improvements includes irrigation systems. One of the gentlemen involved in the program is providing an irrigation system. However, because of the large area that is being landscaped, it would be better for him to put in an irrigation meter. In order to get that meter installed, a cap fee must be paid. This gentleman has already paid a cap fee. It is the desire of the committee to have the cap fee included in the program as part of the grant. This funding would involve $500 to $1,000. Mr. Sugerman said that in each case there is a calculation that is based on square footage of landscaping. The f~~ .would be from $500 to $1,500. Mayor Taylor confirmed that this part of the program would only apply to the pilot areas that are targeted for r.evitaJization. Motion Vice Mayor Jaskiewicz moved to pay the cap fees as part of the grant agreements with people who are going to improve their properties in this pilot program. Mayor Pro Tern TIllman seconded the motion. Commissioner TItcomb confirmed that this would be on a case-by-case basis and the cap fee would be an option versus other facade or landscape applications. Vice Mayor Jaskiewicz agreed and believes that only very few people would take advantage of this option. 24 ~ .... . MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 16, 1999 The motion carried 5-0. XIII. OTHER: None XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 9:40 p.m. CITY OF BOYNTON BEACH ~ ........" . K...., ATTEST: \~(::"Ov~U~ _ ~ 'In. p~ b uty City Clerk ive Tapes) Commissioner ~ V L ttu.. ~ l f2Jct'taAtt-1"-.. Commissioner jmp j:\shrdata\cc\wp\minutes\comm\021699.doc 2S DEVELOPMENT SERVICES DEPARTMENT .. PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-599 FROM: Chairman and Members Planning and Development Board Tambri J. Heyden. AICP ~ Planning and Zoning Director MichaelW. Rump{1(;Y Senior Planner TO: THROUGH: DATE: December 18, 1997 SUBJECT: Woolbright Place Planned Unit Development - (MPMD 97-006) Request to remove Tract "P' (Church Parcel) from the master plan in connection with the request to reclassify and rezone Tract "P to replace the planned church with a health care campus. INTRODUCTION Unruh-Smith & Associates, Inc., agent for the First Baptist Church of Boynton Beach, Boynton Beach I ltd. Partnership, and TRCDAD Vinin9s at Boynton Beach ltd. Partnership, property owners, proposes to modify the existing Woolbright Place Planned Unit Development (PUD) Master Plan by extracting Tract"P' from the existing master plan. Tract"P consists of 14.18 acres that are approved for a church use, leaving 66.94 acres remaining in the PUD if this request is approved. This proposal is to allow for the change in use from a church 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. This application is submitted in conjunction with an application to reclassify and rezone Tract "P' (First Baptist Church of Boynton Beach-LUAR 97-002), and the application to reclassify the remainder of the master plan from Moderate Density Residential land use to High Density Residential land use (Woolbright Place PUD-lUAR 97-006). For information in addition to that which is included herein, please see the staff analysis that corresponds with the two other related applications. The subject property is located on the east and west sides of S.W. 8th Street, approximately one-quarter (1/4) mile north of Woolbright Road (see Exhibit "A". location Map and Exhibit "B- -Proposed Master Plan). With respect to the minimum consent required to initiate an amendment to a master plan, a change in the interpretation of the following requirement within the land Development Regulations, Chapter 2, Section 9. Administration and Enforcement is being applied to this request: 3. Initiation of amendments. ( Page 2 Woolbright Place Planned Unit Development File No. MPMD 97-006 Planning and Zoning Memorandum No. iJ7 -599 "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 represent 59% of the land area within the master plan. BACKGROUND 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-. The original PUD was established in 1986, and with the exception of the Tract "P, is nearly built-out. Current uses within the PUD include The Vinings apartments (a total of 548 units), and Crystal Key, which; consists of 83 single-family homes currently under construction. Since the only change proposed to the master plan is the removal of Tract "F", 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. This increase in density is an increase beyond that density which has been generated by uses approved, in part, in connection with a court-ordered stipulated and settlement agreement. This issue of density, and the petition to resolve this problem are described within the staff analysis for the First Baptist Church of Boynton Beach Land Use Element Amendment (LUAR 97-002). Chapter 2.5, Planned Unit Developments, of the city's land development regulations states that changes in planned unit developments shall be processed as follows: Section 12. Plan modification. "Master plans approved during the process of rezoning to PUD may be considered for modification upon application to the director of planning and zoning, submission of acceptable documentation, and payment of the master plan modification fee. The modification will be first reviewed by the planning and zoning department to determine whether the modification is consistent with not only all current regulations but also the intent and purpose of the comprehensive plan; and to determine whether the change is substantial." This section also indicates the following with respect to processing of this request: "Upon completion of the planning and development board review, findings will be forwarded to the City Commission. The City Commission will first determine whether the modification is major or minor. If the Commission finds the modification to be major, the request A Page 3 Woolbright Place Planned Unit Development File No. MPMD 97-006 Planning and Zoning Memorandum No. 97-599 will be returned to the applicant for processing as a new zoning application. The determination of what constitutes a substantial changp. shall be at the sole discretion of the Commission. If the Commission determines that the modification is minor, it will review all submitted documents as well as staff comments and planning and development board recommendations. The City Commission may then approve the minor modification unconditionally, approve the minor modification with conditions, or deny the minor modification. ANALYSIS Staff has reviewed this request for consistency with the PUD development standards, and the intent and purpose of planned developments as stated in the following sections of Chapter 2.5 of the city's Land Development Regulations: Section 1. Intent and purpose. "A Planned Unit Development District (PUD) is established. It is intended that this district be utilized to promote efficient and economical land use, improved amenities, appropriate and harmonious variety in physical development, creative design, improved living environment, orderly and economical development in the city, and the protection of adjacent and existing and Mure city development. The district is suitable for development, redevelopment and conservation of land, water and other resources of the city. Regulations for planned unit developments are intended to accomplish the purposes of zoning, subdivision regulations and other applicable city regulations to the same degree that they are intended to control development on a lot-by-Iot basis. In review of the substantial public advantages of planned unit developments, it is the intent of PUD regulations to promote and encourage development in this fonn where tracts suitable in size, location and character for the uses and structures proposed are to be planned and developed as unified and coordinated units." The original master plan was designed and approved consistent with the minimum requirements and criteria for a PUD, and in particular, consistent with that text shown above in bold print and related to efficient, unified and coordinated design. The Woolbright Place PUD was designed with common drainage facilities that were sized to support the drainage needs of all properties within the PUD, and are to be funded through contributions to the Woolbright Place Master Association. The removal of a portion of the original master plan may be in conflict with the intent of the PUD regulations if subsequent drainage requirements of the removed property are addressed independent of the original master drainage facilities. In addition to being a contradiction with the wefficiency" intent, the removal of Tract "F" from obligations to th~ master association would increase the financial obligations required of the remaining properties/uses to maintain common drainage facilities (and other common properties). In order to maintain the efficiency in land use, and the coordination and unification of tracts on which the PUD was originally approved, the development and obligations of Tract "Fit should continue to be under the requirements of the Master Association. It should be noted that this requirement is the basis on which this application can be submitted, as the consent by Trammel Crow Residential, Inc. was conditioned on the parcel (Tract WFIt) remaining in the existing master stormwater drainage, treatment and conveyance system, including the payment of fees to the Woolbright Place Master Association for maintenance of the system, as well as S.W. 8th Street right-of-way maintenance for which the A. ..........,; Page 4 Woolbright Place Planned Unit Development File No. MPMD 97-006 Planning and Zoning Memorandum No. 97-599 Association is responsible. Without agreement by Trammel Crow Residential, Inc., this application would not have had the 'Jroper consent from affected property owners to be initiatet'. RECOMMENDATION On November 18, 1997 the Technical Review Committee (TRC) met to review the requested master plan modification. No significant comments were generated by any member of the TRC, therefore, the committee recommends that this request continue forward with the review process. However, the Planning and Zoning Division recommends that this request be denied, based on the recommendation to deny the related request, the First Baptist Church of Boynton Beach Land Use Element Amendment (LUAR 97-002). The church proposal represents the basis on which this , request to amend the Woolbright place PUD master has been submitted. Without the approval of the church application, this request has no justification. However, if this request is approved, staff recommends that it be approved subject to compliance with the conditions within Exhibit "C.. Attachments xc: Central File S:\PWIlng\SHARED\'M'\PROJECTSIFnc &.ptiIl CIlun::h III BIIIMPMO'MPMO 97-008 R8p.dDc 1 Exhibit "A" LOCATION MAP /" 6 DEVELOPMENT SERVICES DEPARTMENT .. PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-599 FROM: Chairman and Members Planning and Development Board Tambri J. Heyden, AICP jJdJ Planning and Zoning Director MichaelW. Rumpf1r,P Senior Planner TO: THROUGH: DATE: SUBJECT: December 18, 1997 Woolbright Place Planned Unit Development - (MPMD 97-006) Request to remove Tract lip (Church Parcel) from the master plan in connection with the request to reclassify and rezone Tract lip to replace the planned church with a health care campus. INTRODUCTION Unruh-Smith & Associates, Inc., agent for the First Baptist Church of Boynton Beach, Boynton Beach I Ltd. Partnership, and TRCDAD Vinings at Boynton Beach Ltd. Partnership, property owners, proposes to modify the existing Woolbright Place Planned Unit Development (PUD) Master Plan by extracting Tract "F" from the existing master plan. Tract lip consists of 14.18 acres that are approved for a church use, leaving 66.94 acres remaining in the PUD if this request is approved. This proposal is to allow for the change in use from a church to a health care campus consisting of a 120-bed nursing home, a GO-bed CLF (congregate living facility), and a 67,500- square foot medical office building. This application is submitted in conjunction with an application to reclassify and rezone Tract lip (First Baptist Church of Boynton Beach-LUAR 97-002), and the application to reclassify the remainder of the master plan from Moderate Density Residential land use to High Density Residential land use (Woolbright Place PUD-LUAR 97-006). For information in addition to that which is included herein, please see the staff analysis that corresponds with the two other related applications. The subject property is located on the east and west sides of S.W. 8th Street, approximately one-quarter (114) mile north of Woolbright Road (see Exhibit "A"- Location Map and Exhibit liB" -Proposed Master Plan). With respect to the minimum consent required to initiate an amendment to a master plan, a change in the interpretation of the following requirement within the Land Development Regulations, Chapter 2, Section 9. Administration and Enforcement is being applied to this request: 3. Initiation of amendments. ( Page 2 Woolbright Place Planned Unit Development File No. MPMD 97-006 Planning and Zoning Memorandum No. iJ7 -599 "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.n 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 represent 59% of the land area within the master plan. BACKGROUND 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.. The original PUD was established in 1986, and with the exception of the Tract "P, is nearly built-out. Current uses within the PUD include The Vinings apartments (a total of 548 units), and Crystal Key, which · consists of 83 single-family homes currently under construction. Since the only change proposed to the master plan is the removal of Tract uP, 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. This increase in density is an increase beyond that density which has been generated by uses approved, in part. in connection with a court-ordered stipulated and settlement agreement. This issue of density, and the petition to resolve this problem are described within the staff analysis for the First Baptist Church of Boynton Beach Land Use Element Amendment (LUAR 97 -002). Chapter 2.5, Planned Unit Developments, of the city's land development regulations states that changes in planned unit developments shall be processed as follows: Section 12. Plan modification. "Master plans approved during the process of rezoning to PUD may be considered for modification upon application to the director of planning and zoning, submission of acceptable documentation, and payment of the master plan modification fee. The modification will be first reviewed by the planning and zoning department to determine whether the modification is consistent with not only all current regulations but also the intent and purpose of the comprehensive plan; and to determine whether the change is substantial.. This section also indicates the following with respect to processing of this request: "Upon completion of the planning and development board review, findings will be forwarded to the City Commission. The City Commission will first determine whether the modification is major or minor. If the Commission finds the modification to be major, the request ~ Page 3 Woolbright Place Planned Unit Development File No. MPMD 97-006 Planning and Zoning Memorandum No. 97-599 will be returned to the applicant for processing as a new zoning application. The determination of what constitutes a substantial change shall be at the sole discretion of the Commission. If the Commission determines that the modification is minor, it will review all submitted documents as well as staff comments and planning and development board recommendations. The City Commission may then approve the minor modification unconditionally, approve the minor modification with conditions, or deny the minor modification. ANALYSIS Staff has reviewed this request for consistency with the PUD development standards, and the intent and purpose of planned developments as stated in the following sections of Chapter 2.5 of the city's Land Development Regulations: Section 1. Intent and purpose. "A Planned Unit Development District (PUD) is established. It is intended that this district be utilized to promote efficient and economical land use, improved amenities, appropriate and harmonious variety in physical development, creative design, improved living environment, orderly and economical development in the city, and the protection of adjacent and existing and future city development. The district is suitable for development, redevelopment and conservation of land, water and other resources of the city. Regulations for planned unit developments are intended to accomplish the purposes of zoning, subdivision regulations and other applicable city regulations to the same degree that they are intended to control development on a lot-by-Iot basis. In review of the substantial public advantages of planned unit developments, it is the intent of PUD regulations to promote and encourage development in this form where tracts suitable in size, location and character for the uses and structures proposed are to be planned and developed as unified and coordinated units." The original master plan was designed and approved consistent with the minimum requirements and criteria for a PUD, and in particular, consistent with that text shown above in bold print and related to efficient, unified and coordinated design. The Woolbright Place PUD was designed with common drainage facilities that were sized to support the drainage needs of all properties within the PUD, and are to be funded through contributions to the Woolbright Place Master Association. The removal of a portion of the original master plan may be in conflict with the intent of the PUD regulations if subsequent drainage requirements of the removed property are addressed independent of the original master drainage facilities. In addition to being a contradiction with the "efficiency" intent, the removal of Tract "P' from obligations to th~ master association would increase the financial obligations required of the remaining properties/uses to maintain common drainage facilities (and other common properties). In order to maintain the efficiency in land use, and the coordination and unification of tracts on which the PUD was originally approved, the development and obligations of Tract "F" should continue to be under the requirements of the Master Association. It should be noted that this requirement is the basis on which this application can be submitted, as the consent by Trammel Crow Residential, Inc. was conditioned on the parcel (Tract "F") remaining in the existing master stormwater drainage, treatment and conveyance system, including the payment of fees to the Woolbright Place Master Association for maintenance of the system, as well as S.W. 8th Street right-of-way maintenance for which the ~ ~ Page 4 Woolbright Place Planned Unit Development File No. MPMD 97-006 Planning and Zoning Memorandum No. 97-599 Association is responsible. Without agreement by Trammel Crow Residential, Inc., this application would not have had the ')roper consent from affected property owners to be initiatecl. RECOMMENDATION On November 18, 1997 the Technical Review Committee (TRC) met to review the requested master plan modification. No significant comments were generated by any member of the TRC, therefore, the committee recommends that this request continue forward with the review process. However, the Planning and Zoning Division recommends that this request be denied, based on the recommendation to deny the related request, the First Baptist Church of Boynton Beach Land Use Element Amendment (LUAR 97-002). The church proposal represents the basis on which this . request to amend the Woolbright place PUD master has been submitted. Without the approval of the church application, this request has no justification. However, if this request is approved, staff recommends that it be approved subject to compliance with the conditions within Exhibit "C.. Attachments xc: Central File S:\P~EO\WPlPROJECTS\Fnt &.pliII Chun:n at BBlMPMDIMPMD 97.QOll Rep.dclc ;( Exhibit "A" LOCATION MAP /' !; EXHIBIT "B" PROPOSED MASTER PLAN 1 :~.l', I . ~: i ; ; i i \; i li ~ . 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I ~ I .'/" " '\' :~.~~- d :,~/1U' i .~ ~qo'~~: ~fl ~~z.j., - I -~-.. .~.... ,: ~.;, ~~ ,.I~ I I ......\' I : ~ r ~ l ~ ~: '\/'~>~;~:.~ L -: .~: in j ,:' '~';~lli' : ;Li "',,; ::, ~ .--~;~~ I I " 1 ..t i.~~~I'!' t~.JiJ: -" ..~ !/~?~'r ;! '; .~;~t.:j! -. ... -:)-:., 11 ~ !. I i ~ ,,,.... \ ut-:Il I' ~:~~ ~ i~~'~~J .'=..i 1 '{:r1~4\.~.:~-::-J..,.,. -:-1. ~..;.~ J:~ _.~t. t~:":.. ~" h "........ '::r;\' .~:'. ';,~:,; if;o, ". ~r' ,i~h ~; !~ ~: ~l! l ~i \ ;i/ : !.; U:. 1f l: -:--:: ~ i ~ \~. t i! Jlt _':;;!1 i;.!~ :\t I \ +- ~ ~ :!l . " ;l iil~ t~! ! :J':" l.n ::::: 1 ~ i: ~ ~~;; ~n; i:1! .. n ~ ~. :5 ~ ;; ~ . ,., ~ ;a > ;;; ~ n :;) > :::l z ~ ~ :! .+-, r. 1 .~~ 1 ,- -- ri t. ~~ ., ~ .~Il1. S1ITI t ISSOCllm 1111 :.:-::. ::,.':'"...:-" .... - '" ...._,..,. ::r \ I! I : I, 3 .! i! I .i II.'"'' I L~; U-.~! ~_J.:t I ' ; :: - I{I~ WOOLnRlGHT PLACE r. ('.D. \/,tSTER PLAN f'(In''fIlI'''' -..nr ntHflln 1/ ~ .i (aL' I"''' ~. SEWINOU D~NP COM.'AtII'. ---- -="':. --~.:--.~=-~... EXillBIT "B" Conditions of Aooroval Project name: Woolbright Place PUD File number: MPMD 97-006 Reference: The olans consist of Isheet identified as 2nd Submittal. Master Plan Modification. File #MPMD 97-006 with a November 25: 1997 Plannimz and ZoninlZ Deoartment date stamo markiml DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION . Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREA nON Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Tract "F" shall maintain obligations to the Woolbright Place Master X Association as originally agreed when the PUD was established. . 2. Revise the land use intensity calculations to reflect the removal of Tract X "F". 3. Include in the revised settlement agreement that is currently being X drafted by staff. language acknowledging that the ch~rch parcel is no longer under the terms of the agreement. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 4. None X Page 2 Woolbright Place PUD File No.: MPMD 97-006 DEPARTMENTS . INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS 5. To be determined. !bme J:\SHRDATAIPLANNING\SHARED\INPIPROJECTSI'M.BRTPLClMPMD-97\COND. OF APPROVAL-DOC NOTICE OF LAND USE CHANGE NOTICE OF ZONING CHANGE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, on Tuesday, July 21, 1998 at 7:00 p.m. to consider the request described herein and submitted by Ellen Smith of Unruh, Smith and Associates, Inc., agent for the First Baptist Church of Boynton Beach, Florida, property owners, regarding a total of 14.18 acres located one quarter (1/4) mile north of the intersection of Woolbright Road and S.W. 8th Avenue on the west side of S.W. 8th Avenue. IE C., , .-J;Ics. I L I ~ ~ .: ~rmr m 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 (PC D) to allow for a health care campus with a nursing home, assisted care living facility and medical offices. LEGAL DESCRIPTION: Tract F, Woolbright Place Plat No.1, according to the Plat thereof as recorded in Plat Book 67, page 47 through 49 in the Public Records of Palm Beach County, Florida. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board and/or City Commission with respect to the matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 J:\SHRDATA\Planning\SHARED\WP\PROJECTS\First Baptist Church of BB\LUAR\legalnot-98.doc APPLICATION ACCETABLE DATE: RECEIVED BY STAFF MEMBER: FEE PAID: RECEIPT NtJMBER: CITY OF BOYNTON BE~CH, FLORIDA PLANNING &: ZONING BOARD LAND USE AMENDMENT AND/OR REZONING APPLICATION This application must be filled out completely and accurately and submitted, together with the materials listed in Section Z= below, in two (2) copies to the Planning Department. Zncomplete applications will not be processed. PLEASE PRINT LEGIBLY OR TYPE ALL ZNTORMATION. T. GENERAL INFORMATION 1. Project Name: 1st Baptist Church PCD 2. Type of Application (check one) a. Rezoning only b. Land Use Amendment Only c. Land Use Amendment and Rezoning x 3. Date this application is accepted (to be filled out by Planning Department) : 4. Applicant's Name (person or Business entity in whose name this application is made) : First Baptist Church of Boynton Beach Address: 301 N. Seacrest Blvd. Hnynt:nn HF>.'U"'h_ FT. ~~4 ~t; 4nR~ phone: 732-5151 (Zip Code) FAX: 732-5152 5. Agent'S Name (person, it any. representing applicant) Page 1 Agent: Unruh, Smith & Associates Address: 105 South Narcissus Avenue Suite 503 West Palm Beach FL 33401 Phone: 835-8505 (Zip Code) ~AX: 655-5525~ 6. Property Owner's (or Trustee's) Name: First Baptist Church of Boynton Beach Address: 301 N. Seacrest R1vd. Boynton Beach, FL 33435-4083 Phone: 732-5151 (Zip Code) . FAX: 732-5152 7. Correspondence Address (if different than applicant or agent) : *This is che address to which all agendas, letters, and other materials will be mailed. s. What is the applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder, Developer, Contract Purchaser, etc.) Owner 9. Street Address.or Location of Subject Parcel: ApproximatelY ~ mile North of the intersection of Woolbright Road and S.W. 8th Avenue (W side of SW 8t 10. Legal Description of Subject Parcel: Tract F, Woolbright Place Plat No. 1 Page 2 - ------------ 11. 12. 13. 14. Ii6. 15. l,,~il~1 16. Area of Subject Parcel (to the nearest hund~edth (li10Q) of an acre: 14. 18 Current zoning District: PUD Proposed Zoning Distric~: PCD Current Land Use Category:MODR Proposed Land Use Catego~: ~ Intended Use of Subjec~ Parcel: Health Care Campus with Nursing Home, Assisted Care Living Facility, and Medical Offices. 17. Developer or Builder: to be determined to be determined 18. Architect: 19. Landscape Ar~hitect: to be determined 20. Sice Planner: to be determined 21. Civil Engineer: F.nvirnnpsign 22. Traffic Engineer: Simm9n~ and White 23. Surveyor: ~virom and ~ssociates II. MA~ER!~S TO BE SUBMIT~En W~TH APPLICATTON The following materials shall be submit~ed in two (2) cop~es, unless otherwise indicated: (please /a. -Lb. c. check) This application form. A copy of the last recorded warranty deed. The following documents and leEEers of consent: (ll If the property is under joint or several Page 3 (2 ) ~3} ~5) ~d. ownership: a written consent to the application by all owners of record, If the applicant is a contract purchaser: a copy of the purchase contract and written consent of the owner and seller, and (4 ) If the applicant is represented by an authorized agent: a copy of the agency agreement, or written consent of the applicant, and If the applicant is a lessee: a copy of the lease agreement, and the written consent of the owner, and If the applicant is a corporation or other business entity: the name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer 0: the corporation. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale prescribed by the Planning Department, and containing the following information: ~ (1) An accurate legal description of the subject parcel. /(2) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree Preservation Ordinance. (Also refer to Page 6, Sec. II h. (12) of this application if property is occupied by native vegetation.) This re~~irement may be waived by the planning Director where found to be unrelated to the land use or zoning issues involved with the application. A complete cer~ified list of all property owners, mailing addresses, and legal descriptions ~or all properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse shall be furnished by the applicant. Postage, and mailing labels or addressed envelopes must also be provided. Said liST: shall be accompanied by an affidavit stating that to the best of 1(3) /e. A computation of the total acreage of the subject parcel to the nearest hundredth (1/100) of an acre. Page 4 /f. /g. /h. J (l) /(2) ~3) ~4) /(5) the applicant:' s knowledge said list is comolete and accurate. Notification of surrounding prope=ty c~~ers will be done by the City of Boynton Beach. A copy of the Palm Beach County Prope~ty App~aiser's maps showing all of t:he properties referred to in paragraph e. above, and their relation to the subjec~ pa~cel. A statement by the applicant jUstifying Ene zoning requested, including reasons why the property is unsuitable for developmenc Under the eXiseih~ zoning and more suitable for development under the proposed zoning. A comparison of the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the existing zoning, which will include: A. comparison of the pot.ential square footage of number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development. A statement of the uses that would be allowed in the proposed zoning or development, and any particular uses that would be excludQd. Proposed timing and phasing of the developm2nt. Far proposed zoning of property to commerciai 0= industrial districts, where the area of the subject parcel exceeds one (ll acre, projections far the number of employees. A comparison of traffic which would be generated under th& proposed zoning or development, wieh the traffic that would be generated Ufia@r Ene ctirr~ne zoning; also, an analysis of traffic mOVemencs ae the intersections of driveways that would serve the property and surrounding roadways, and improvements that would be necessary to accommodate such traffic movements. For proj ects that generate move than five hundred (500) net trips per day, a tra~fic imoact analysis must be submitted which complies with the Municipal Implemeh~a~ion Ordinance o~ t~e Palm Beach County 'I'raftic Performance Stancards Ordinance. (a) that gerterate two thousand net trips per day, t~e traffic For proj ects (2,000) or more Page 5 NOTE: l~Dacc a~a:ysis must De submi~ted to ~~e City a:. leas~ 30 days D:::-ior co t.he dea.c.':"'l~e !:c~ 1--."""'''': ,.~.=:. --r."1~T""Q"~~""'~ a,.,Q"/........~ ,..-- ........-.;.......- __.;.\...4 u..=:;~ G..l__...... .~.__.L- ...... v..;.. ___':::z_~.;...:........._ I in c:::"de~ tc allcw fc~ r.imely -crocess.:::c; c.f :.~e a~~l;~a~~o- a-d review o' v' ~~~ ~~-,./-,- -~-;;;c ~::-"__""'" __..... ...... _ _ L-....;.._ ____ ,:, "-_c..J......_ consulta~t and Palm Beach Co~;~v. The appl:..cant s:"_a.:...!.. be billed .:c~ - .....~- cos:: of review by the Citv's ~~a=fi~ c~ns~l=a~~. \"0) ~'C~ prc~ects ~hat generate De~wee~ five hu:;.d~ed (SeO) and two ~l:o~sa:--.d (2,OOC) ne~ tr:..ps per day, the traff:.c :..mca:::-: a::alvs::.s must be submitted at the aDDlicacio~ deadiine for land use amendment anc:/o~ ~ezoning, in orde~ to allow for timely Drocessi~a of the applicatic~ and review by P~l~ 3eac~ Ccuncy. However, if it is the desire of t~e applicant to u~:..lize che City's traffic consultant for review of the traffic impact analysis prior to review by Palm Beach Cou~ty, ~hen the procedure and requirements ou~lined uncer ltem "a" above shall be followed. Failure to submit traffic impact analysis in the manner prescribed above may delay approval of the application. ./(6) /(7) For parcels larger than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless different standards are justified by a registered engineer. Commitment to t~e provision of improvements to the water system shall also be included, where existing facilities would be inadequate to serve development under the proposed zoning. For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the proposed zon:.ng or development with that which would be aenerated under the existing zonincr. Sewage flow~ shall be estimated using the standards adopted by the Palm Beach County Health Departmen~ for estimatinc such flows, unless different standards are jus~ified by a registered engineer. Commi~ment to the orovision of imorovements co the sewage collection - system shall a-Iso be :..r:cluded, where the existing facilities would be inadequa~e to serve development under the proposed zo~ing. Page 6 / (8) (10) For proposed residential developments larger -than one {l~ acre, a comparison of the projec~ed populat1on under the proposed zoning or develooment with the projected population under the existing zoning. Population projections according to age groups for the proposed development shall be required where more than fifty (SO) dwellings, or 50 sleeping rooms in the case of group housing, would be allowed under the proposed zoning. (9 ) At the request of the Planning Department, Planning and Development Board, or City Commission, the applicant shall also submit proposals for minimizing land use conflicts with surrounding properties. The applicant shall provide a summary of the nuisances and hazards associated with development under the proposed zoning, as well as proposals for mitigation of such nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters, and mechanical equipment, location of driveways and service entrance, and specifications for site lighting. Nuisances and ha2ards shall be abated or mi tigated so as to conform to the performance standards contained in the Cityts zoning regulations and the standards contained in the City's noise control ordinance. Also, statements concerning che height, orientation, and bulk of structures, setbacks from property lines, and measures for screening and buffering the proposed development shall be provided. At the request of the Planning and Developmenc Board or Cicy Commission, the applicant shall also state the type of construction and architectural styles chat will be employed in the proposed development. At the request of the Planning Department, Planning and Development Board, or City Commission, the applicant shall also submit the following information: (a) Official soil conservation service classification by soil associations and all areas subj ect to inundation and high ground water levels. {b} Existing and proposed grade elevations_ (c) Existing or proposed water bodies. Page 7 j (II) (d) Form of ownership and form of organization to maintain common spaces and recreation facilities. (e) A written commitment to the provision of all necessary facilities for storm drainage; water supply, ~ewage collection and treatmen~, solid waste disposal, ha2ardous waste disposal, fire protection, easements or rights~of-way. roadways. recreation and park areas, school sites. and other public impr6VemehEs or dedications as may be required. For rezoninge to planned zoning districts, the specific requirements for submission of applications for rezoning to such districts shall also be satisfied. Furthe~6re. all materials required for a subdivision master plan shall also be submitted. (12) Where cortformartc~ with the county's Environmentally Sensitive Lands Ordinance is required, an Application for Alteration of Environmentally Sensitive Lands (Environmental Impact Study) must be submitted to the Palm Eeach CountY Department of Environmental Resources ManAgement (copy to City) prior to or concurrent with the submittal of the Land Use Amendment and/or Rezoning Application co the City. Paga 8 III. APPLICATION FEES Fees shall be paid at the time that the applicacion 1.S submitted, according to the fees which have been adopced by ordinance or resolution. The Plannina Deoartment will inform the aoolicant as to the fees which ire ~eauired. All fees shall-be paid by check, payable to the City~f Boyn~on Beach. IV. CERTIFICATION (I) (We) understand that this application and all ~~an5 dnu papers submitted herewith become a part of the permanent records of the Planning and Zoning Board. (I) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Signature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity_ Date V. ~~~~GCt~ \,\d\q~ ~~rt: ~ U~.fJ~~ Signa~ure of Authorized A ent ~~"( Is-.. f 197 Date (I) (We) hereby designate the above signed person as (my) (our) authorized agent with re rd to this application. (~ <)l~~) Signature of Owner(s) or Trustee, Authorized Principal if property is owned by a corporation or other business entity. 'V or Date Page 9 . r"A S ~ ~ {;v-JJ ~ Presentlv Serving COMMITTEE ON COMMITTEES Bud Meadows 96 Ann Lemos 97 Buddy Stuart 97 Doris Frazier 97 Bill Johnson 97 - Deacon NOMINATING COMMITTEE Dorothye Vaughan 97 Gladys Knuth 96 Eddie Shoe 97 Rick Melear 96 Robyn Woodmansee 97 Rick Melear - Deacon PERSONNEL COMMI'ITEE Janet Abbruzze 96 Glenda Tobin 96 Bill Wallace 97 Deacon STEWARDSHIP COMMITTEE Cindy McDuffie 96 Bud Meadows 97 ACADEMY COMMITTEE (Christian Day Care) Fonda Wallace 97 Shannon Melear 96 Richard Boyd 97 Frank Lunsford - Deacon DJ1~._, " f ..... - __ CHURCH COMMITTEES 1995 - 1996 CHURCH PROGRAM COMMITTEES Proposed to Serve Bill Sowers 98 Gladys Knuth 98 David Allard - Director Althea Allen 98 - Treasurer CHURCH MINISTRY COMMITTEES Nellie Denahan 98 ... Presently Serving AUDIO VISUAL COMMITIEE Jack Hirth, Advisor Bob Strouse 97 :BAPTISMAL COMMlTI'EE Tim & Judy Wood 97 Al & Karen Cassels 97 Keith Cool 96 Mary Ann Jensen 97 BEREAVEMENT COMMITTEE Doris Jurney 96 Eugenia Ferguson 97 Dottie Nazzaro 97 CONSTITUTION & BY-LAWS COMMITTEE Maurine Lunsford 96 Tereesa Padgett 97 Bill Sowers 97 Bob Strouse - Deacon COUNTING COMMITTEE Margaret Koon 96 Cleo Bowers 97 Norman Strunks 97 Billie Hart 96 FLOWER AND DECORATING COMMITTEE Bob & Dot Sweeten 96 Dot Whittaker 97 Terry Patton 97 Heather Knuth 96 ~ '! Proposed to Serve Judy Wood 98 John Gonsman Jr. 98 Jim Bailey 98 Audio Visual Home Touch: Bob Sweeten 98 Tim Wood 98 Thelma Cummings 96 Billie Hart 98 Teresa Shoe 98 Butch Squire 98 Tereesa Padgett 98 Leonard Hair 98 Gevay Maddern 98 Shannon Melear 98 2 Presently Servin g Proposed to Serve HOSPITALITY COMMITTEE Bob & Dot Sweeten 96 Jim & Gladys Bailey 97 Julia DeChants 96 HOST AND HOSTESS COMMITTEE Janet Abbruzze 97 Norman Strunks 96 John & Wilma Melear 97 Leonard & Janet Nelson 97 Wilbur & Cleo Bowers - Welcome Desk Althea Allen 98 KITCHEN COMMITTEE Jerry & Robin Davis - Food Service Director Gus Hart 97 Woody & Robyn Woodmanse 96 Bob & Dot Sweeten 97 Betty Patterson 96 Mabel Rockwood 97 Ginny Brookins 97 LIBRARY COMMITTEE Jill Rovinelli 97 Mary Mauro 96 Bea Stringer 96 Rob Carleton 96 Bud Meadows 97 LANDSCAPE COMMITTEE Gus Hart 97 Jim Bailey 97 Barbara DuBois 96 Dot Whittaker 96 Julia DeChants 97 LORD'S SUPPER COMMITTEE Al & Karen Cassels 97 Leonard & Janet Nelson 96 Lil Koch 96 Dot Koch 96 3 Presently Servin!! Prooosed to Serve USHERS COMMITTEE Tim Wood 97 Rick Melear 97 Bob Matson 96 Richard Boyd 98 Ushers Billy DuBois Leonard Nelson Gus Hart Russell Greene Wilbur Bowers David Allard Josh Chapman David Wade Rick Melear Cliff Melear Bob Sweeten Ryan Woodmansee I .... Presently Servine MISSIONS COMMITTEE Rob Carleton 96 Keith Cool 97 Dee Burton 96 Linda Johnson 97 Gus Hart 96 Bob Sweeten - Deacon MUSIC COMMITTEE Suzanne Shaw Evelyn Stuart 97 Grace Krivos NURSERY COMMfITEE Teresa Shoe 97 Cathy Patterson 96 Cathy House 96 PARKING COMMIITEE Paul Fordham 96 Bill Johnson 96 Robbie Sweeten 96 Jesse Moreno 97 PUBLICITY COM1\fi'ITEE Bill Wallace 97 Susan Mahoney 96 RENOVATION AND MAINTENANCE Bob Matson 97 Pat Stoner 96 Barry Brandenburg 98 George Marler 97 Presentlv Servine Sunday School Bud Meadows 98 Discipleship WMU Marie Ross 98 G.A.'s ..... ProDosed to Serve Billie Hart 98 Choir Pres. Dee Burton 98 Bob Jensen 96 4 Prooosed to Serve DIRECTORS '. Children Director - Maurine Wiley Fonda Wallace, Substitute 1 st Grade - Lil Koch 2nd Grade - Diana Sowers 3rd & 4th Grades - Teacher 5th Grade - Linda Johnson , Helper - Dot Sweeten Youth Department Director 6th - 8th Grades - Pat & Butch Squire 9th - 12th Grades - Eddie Shoe ADULT DIVISION DivisiOfl- Leader Training Leader - Bill Johnson Outreach Leader Adult II Director - John Melear Adult II Ladies - Marie Ross Adult II Ladies - Dorothy Ross Adult II Co-Ed - Ann Lemos Adult II Co-Ed - Stanley Stringer and Richard Boyd Adult ill 1." Director - Dorothye Vaughan Adult III Ladies - Bessie Stanley, Co-Teacher Adult III Men - Bob Shaw Adult III Co-Ed - Gary Cornn, Sr Adult IV Director Adult IV Ladies Adult IV Men Adult IV Co-Ed 7 .- .... ~ Adult V Director - Bill Wallace Adult V Ladies - Rob Carleton Adult V Co-Ed - Bill Johnson Adult VI Director - Sherry Melear Adult VI Co-Ed - Rick Melear Children's Church (Ist - 5th grade) Rick & Sherry Melear - Directors / Cathy & Steve House ~b //~ A1.nJ ~;vse/ Robbie Sweeten . . <.J Karen & Al Cassels 4 & S's Children's Church Eddie & Teresa Shoe Cindy McDuffie Mary Ann Jensen Sandra Allard 8 CONSTITUTION and BY -LAWS \0 0/) /' JP ~~~ {J~ FIRST BAPTIST CHURCH 301 N. Seacrest Blvd Boynton Beach, FL 33435 Revised 3/13/96 CONSTITUTION PREAMBLE: For the perpetuation of our faith in Jesus Christ as Lord, for the adherence to the Baptist doctrine as embraced by this body of believers, for this body to govern itself in a just and orderly manner consistent with our belief in an autonomous church, and for the preservation of the freedom inherent in the individual believer, we do ordain and establish this Constitution. ARTICLE I NAME: This congregation shall be known as the First Baptist Church of Boynton Beach. Florida, Inc., presently located at 301 North Seacrest Blvd., Boynton Beach, Florida, 33435, established January 26, 1925. It is a non-profit corporation, organized and existing under the laws of the State of Florida, filed on the 26th day of December 1963, and recorded with the Secretary of State of the State of Florida. ARTICLE n STATEMENT OF FAITH: The Holy Bible is the inspired Word of God. It is the basis for our STATEMENT OF FAITH and the sole authority in matters of faith and practice. This church subscribes to the doctrinal statement found in THE BAPTIST FAITH AND MESSAGE as adopted by the Southern Baptist Convention in 1963. ARTICLE ill RELATIONSIDPS: The government of this church is vested in the body of believers who compose it. It is subject to the control of no other ecclesiastical body. In so far as is practical, this church will cooperate with and support the Palm Lake Baptist Association, the Florida Baptist Convention, and the Southern Baptist Convention. Should any of these organizations forsake the historic doctrinal position cited in the above STATEMENT OF FAITH, such cooperation and support shall be discontinued. 1 ARTICLE IV MISSION STATEMENT Our mission at First Baptist Church of Boynton Beach is to be a loving body of Christ who, under the leadership of the Holy Spirit: Proclaims the good news of salvation through Jesus Christ; Teaches the Christian life as revealed in God's Holy Word; Nurtures Christian growth through worship, teaching, training, service, fellowship; and Ministers to the needs of our members, the community and the world. The MISSION STATEMENT presented above summarizes our church's purpose. As a body. First Baptist Church can do only what its members are doing. We will therefore encourage these activities as both individual and corporate pursuits. 1 .., ,., BY-LAWS ARTICLE I MEMBERSHIP Any person may present himself for membership. Candidates for membership will be counseled by the pastor or a designated representative of the church prior to reception into church membership. Candidates for membership will be admitted by affirmation at a business meeting. The membership of this church shall consist of persons who have made a profession of faith in Jesus Christ as Lord and who have been baptized by immersion. Sec. A. Admission of Members: Membership in this church may be attained as follows: 1. By profession of faith in Jesus Christ as Lord, followed by the ordinance of baptism by immersion, 2. By transfer of letter from another Baptist church of like faith and order, 3. By statement of faith in Jesus Christ as Lord and previous baptism by immersion in another church of like faith and order, or 4. By restoration upon evidence of repentance following exclusion by action of the church. Sec. B. Watchcare: Watchcare constitutes provisional membership. 1. A person whose church membership is elsewhere may be received under the watchcare of this church for the purpose of ministry and fellowship. 2. Watchcare does not provide voting privilege. Sec. C. Termination of Membership: Membership may be terminated by death, by transfer of letter to another Baptist church of like faith and order, by written request of the member, by notification from another church that a member has joined another faith, or by exclusion by action of this church. In all cases except death the membership will be terminated by majority vote at a business meeting. Sec. D. Discipline It is the position of this church that every reasonable measure be taken to assist any troubled member. Redemption rather than punishment will be the guideline which governs the attitude of one member toward another. The pastor, other members of the church staff, and the deacons are available for counsel and guidance. Should some serious condition exist which would cause a member to become a spiritual liability to the welfare of the church, every reasonable measure will be taken by the pastor and by the deacons to resolve the problem in accordance with Matthew 18:15-17. The church may vote to exclude such a member upon the deacons' recommendation at a special business meeting called for that purpose. The offending member will be notified of such action in writing. 2 Sec. E. Membershio Roll: The church shall maintain a membership roll for the accuracy of active and inactive membership, and for determining a quorum. An active member shall be defined as a person who has joined this church in accordance with BY -LAWS ARTICLE I, Sec. A.. and who maintains fellowship with the church through attendance and support. The church may place a member on the inactive roll if a concerted effort by the pastor and an assigned deacon has failed to re-establish church fellowship with that member after one year of non- attendance or non-support. ARTICLE II ORDINANCES The ordinances of this church shall be Baptism and the Lord's Supper. Sec. A. Baptism shall be by immersion and shall be administered publicly by the pastor, an ordained minister or deacon. Sec. B. The Lord's Supper shall be observed at least once a quarter, with such exceptions as may be deemed necessary, and shall be administered by the pastor, an ordained minister or deacon. ARTICLE III OFFICERS The officers of this church shall be the pastor, other staff ministers, the deacons, trustees, clerk, and treasurer. All officers shall be members of this church in good standing. They shall be faithful in attendance and contributing as God has prospered them, giving evidence of genuine interest in the ministry of this church. Failure to fulfill the duties of the office shall be grounds for removal from office. Sec. A. Pastor: The primary administrator, teacher and spiritual leader of this church shall be the pastor. 1. Oualifications: The pastor shall be an ordained minister of the Gospel, a member of a Baptist church which is cooperating and in harmony with the Southern Baptist Convention. He shall believe in and be committed to the STATEMENT OF FAITH as set forth in CONSTITUTION ARTICLE II. 2. Duties: The duties of the pastor are: preaching the Word of God, administering the ordinances, leading and nurturing the congregation, caring for the spiritual needs of the church. He shall lead the church in fulfilling its MISSION as stated in the CONSTITUTION ARTICLE IV. The pastor shall serve with the deacons as a co-laborer in caring for the church members and shall be available for guidance and counseling. 3 Sec. B. ..... ,., The pastor shall oversee the ministry of the church in all areas of its work. He will exercise supervision and direction of the staff and church employees. He will be a non-voting ex-officio member of all committees and may attend all meetings. He shall serve as moderator at all church business meetings as outlined in BY -LAWS ARTICLE III Sec. G. 3. Pastor Search: When a vacancy occurs in the office of the pastor, the deacons shall nominate a Pastor Search Committee consisting of a chairman and six members who are representative of the entire membership. This committee may be elected by the church at any business meeting. The committee shall seek a qualified pastor and shall bring to the deacons for consideration the name of one candidate at a time. Having been approved by the deacons, the recommendation of the committee to the church shall constitute a nomination. Consideration for the call of a pastor shall take place following a Sunday morning worship service provided that one week previously an announcement has been made from the pulpit and members have been notified in writing. The vote shall be by ballot which shall be counted immediately in order that the result may be reported to the congregation on the same day. Quorum and voting eligibility shall be as designated in BY-LAWS ARTICLE IV, SEC. 8.4. Having accepted a call, the pastor shall serve the church for an indefinite period. 4. Problem Resolution: Should there be evidence of a problem involving the pastor it shall be the responsibility of the deacons to seek restoration in accordance with Matthew 18: 15 -17 and I Timothy 5: 1, 19 & 20. They shall counsel with the pastor and any other persons involved in order to resolve the problem. Should further counsel be desired, advice may be sought through the Palm Lake Baptist Association or the Florida Baptist Convention. The deacons may call a meeting of the church to pursue problem resolution. 5. Pastoral Change: The pastor shall give at least a two week written notice to the deacons at the time of resignation before terminating his duties and responsibilities as pastor unless waived by mutual consent. Following unsuccessful problem resolution as set forth in BY-LAWS ARTICLE III Sec. A. 4, the deacons may recommend terminating the relationship between the pastor and the church at a meeting of the church called for that purpose in accordance with BY-LAWS ARTICLE IV Sec. B. 4. Other Staff Ministers: Upon recommendation of the pastor and the personnel committee, the church may call other ministers as needed. A job description shall be written for such a position by the pastor and personnel committee prior to the search. The staff ministers shall work with and under the direction and supervision of the pastor in carrying out their ministries. They shall assist in equipping the church to fulfill its MISSION as stated in CONSTITUTION ARTICLE IV. 4 Sec. C. I. Staff Minister Call: The pastor and the personnel committee shall seek a qualified candidate. They shall make a joint recommendation to the deacons. Having received deacon approval, this recommendation shall constitute a nomination. A vote to call shall be as set forth in BY -LAWS ARTICLE IV, Sec. B, 2 or 3. Having accepted a call, a staff minister shall serve the church for an indefinite period. 2. Problem Resolution: Should evidence of a problem arise concerning a staff minister, the pastor shall be the first to offer counsel. Every reasonable measure shall be taken to resolve the issue with Christian love and kindness. The personnel committee shall assume responsibility for problem resolution if the matter remains unresolved. 3. Staff Minister Change: A staff minister shall give at least a two week written notice to the pastor at the time of resignation before terminating his duties and responsibilities unless waived by mutual consent. Termination of the relationship between the church and the staffminister shall be the responsibility of the pastor and the personnel committee. . Deacons: The deacons shall plan and lead in all matters concerning the welfare of the church. There shall be mutual support and accountability between the deacons and the pastor. As servant ministers of the congregation and co-laborers with the pastor, the deacons shall be engaged in caring for the church membership and leading the church to fulfill its MISSION. The deacons do not have authority in church administration except that delegated to them by the church. A deacon shall be male, having attained the age of twenty-one years. He shall have been a member of this church for a period of not less than one year and a baptized believer for not less than two years. According to the New Testament, he is chosen to this office for his wisdom, faith, and fullness of the Holy Spirit. His moral qualifications shall be as found in I Tim. 3:8-12 and Acts 6:3-6. The deacons and the pastor shall provide the nominating committee with the names of those persons who are eligible and recommended for nomination to the office of deacon. The nominating committee shall present to the church for election the name of one man for each vacancy. The church shall elect at least ten deacons for the first 150 families and additional deacons as needed. The deacons shall be elected using a three-year rotation system and will be ineligible for re-election until a one-year period has lapsed, with exceptions as deemed necessary. When a vacancy occurs, it shall be filled by regular or special election. The deacon elected to fill the vacancy shall serve the unexpired term only. Each year following the Annual Business Meeting, the deacons shall elect a chairman- elect, and a recorder. The deacons shall meet monthly, with exceptions as deemed necessary . 5 .., ~ Sec D. Trustees: The trustees, upon the instruction of the church, have authority to execute any and all contracts. deeds, titles. negotiable papers and/or other legal contracts on behalf of the church, with the advice of counsel when deemed necessary. The trustees may act through their chairman whom they authorize and direct in their behalf to sign any and all legal indentures. The trustees shall be responsible for obtaining insurance coverage of all church property, said insurance being reviewed annually. They shall recognize all regular expenses of the church and ensure regular payment of all bills and obligations incurred by the church. The trustees shall provide through a local bank a safety deposit box in which they shall keep all legal papers and documents. They shall have charge of and be responsible for the key. The church secretary and church clerk will have access to the safety deposit box. The church shall elect three (3) trustees, at least one of whom shall be an active deacon. The trustees shall be nominated in accordance with BY-LAWS ARTICLE V, Sec. A. Trustees shall serve on a three-year rotation basis with one member being elected each year. They shall be ineligible for re-election until a one-year period has lapsed, with exceptions as deemed necessary. At the first meeting after election, the trustees shall elect a chairman-elect and a secretary. The trustees shall then be considered the president, vice-president and secretary, ofthe Corporate Body of the First Baptist Church of Boynton Beach, Florida, Inc. Sec. E. Church Clerk: The clerk shall be responsible for keeping minutes of the Church Council, regular and special business meetings of the church. At the outset of any business meeting, the clerk shall determine whether a quorum is present in accordance with BY-LAWS ARTICLE IV, Sec. B. 2 or 4. At the quarterly business meeting, the clerk shall recommend applicants for church membership and actions for termination of membership in accordance with church BY -LAWS ARTICLE I, Sec. A. and C. The clerk shall notify the church secretary of all membership actions. Upon church action on transfer of membership, the church secretary shall send verification to the requesting church or member. The church clerk shall be nominated in accordance with BY -LA WS ARTICLE V, Sec. A. The clerk shall be elected for a term of one year and shall be eligible for re-election at the end of each term. Sec. F. Church Treasurer: The treasurer shall be a member of well-known responsibility. The treasurer shall receive and disburse all monies received by the church and shall keep separate accounts of various funds as designated. The treasurer shall make complete monthly reports to the stewardship committee and to the church. The church books shall be open for inspection. The treasurer shall be authorized to counter-sign checks. The treasurer shall provide the stewardship committee all records necessary for preparing an annual audit of the church finances. The treasurer shall serve as a member of the stewardship committee. 6 Sec. G. The treasurer shall be nominated in accordance with BY-LAWS ARTICLE V, Sec. A. The treasurer shall be elected for a term of one year and shall be eligible for re- election at the end of each term. Moderator: The church moderator shall be the pastor. As moderator he shall facilitate, in a non-partisan manner, the presentation of all church business. When personally involved, or in order to participate in discussion of pending business, he shall remove himself as moderator. In the absence of the pastor, the chairman of the deacons shall serve as moderator. In the absence of both, the church clerk shall call the meeting to order and a moderator pro-tern shall be elected. ARTICLE IV MEETINGS: Sec. A. Sec. B. Worshio Worship services shall be held on each Lord's Day and Wednesday evening, with such exceptions as deemed necessary. Business The moderator shall inquire of the church clerk at the outset of any business meeting whether a quorum is present and the clerk shall so record in the minutes. 1. The annual business meeting of the church shall be held on the first Wednesday evening after the second Sunday in September. The church program year shall begin October I and end September 30. The fiscal year shall begin January 1 and end December 31. 2. Regular business meetings shall be held on the first Wednesday after the second Sunday of January, April, July & September. A quorum for a regular business meeting shall be 5% of the active membership 15 years of age and above. All such active members are eligible to vote. The church shall endeavor to seek unity in all church business. An affirmative vote of 75% of eligible members present shall carry any motion, unless otherwise specified. 3. Special business meetings may be called by the pastor, chairman of deacons, trustees or any committee provided an announcement has been made from the pulpit and the members notified in writing one week previously. Quorum and vote shall be according to BY -LA WS ARTICLE IV. Sec. B. 2. 4. Any item of business regarding the call or dismissal of a pastor or the sale, purchase, mortgaging or refinancing of real property shall be considered at a special business meeting called for that purpose. Such a meeting shall take place following a Sunday morning worship service. A quorum shall be 20% of the active membership 15 years of age and above. All such active members are eligible to vote. a. An affirmative vote of90% of eligible members present shall carry any motion except the dismissal of a pastor. 7 '-' ~ b. An affirmative vote of two-thirds of the eligible members present shall carry a motion to dismiss a pastor when brought in accordance with ARTICLE III, Sec. A. 5. 5. Robert's Rules of Order (latest revision) shall be the parliamentary authority for conducting all business of the church not otherwise covered by the CONSTITUTION and BY-LAWS. ARTICLE V ELECTIONS: Sec. A. Officers The church officers, with the exception of the pastor and other staff ministers, shall be nominated by the nominating committee and elected by the church at the annual business meeting in September and shall assume their duties October 1. Sec. B. All Members of Standing Committees shall be nominated in accordance with BY- LA WS ARTICLE VIII and elected at the annual business meeting in September and shall assume their duties October 1. Sec. C. Directors The Directors of Sunday School, Discipleship Training, Stewardship Ministry, Women's Missionary Union and Brotherhood shall be nominated and elected at the April business meeting. The directors shall then assist the nominating committee as outlined in BY -LA WS ARTICLE VI and shall assume their other duties October 1. Sec. D. All workers under the directors shall be nominated and elected at the September business meeting and shall assume their duties October 1. ARTICLE VI DIRECTORS The directors shall be the Sunday School Director, Discipleship Training Director, Stewardship Director, Women's Missionary Union Director, and the Brotherhood Director. The directors shall be elected for a term of one year and shall be eligible for re-election after each term. Following their election, the directors shall serve as active members of the nominating committee for the purpose of assisting in filling the positions under their directorships. Their duties shall include leading their respective organizations as outlined by the Church Council. ARTICLE VII CHURCH COUNCIL The Church Council shall be composed of the Pastor, all other staff ministers, Chairman of Deacons, Sunday School Director, Discipleship Training Director, Stewardship Director, Women's Missionary Union Director, Brotherhood Director, Church Clerk, and Chainnan of Trustees. The Church Council shall lead in planning, coordinating, conducting and evaluating the ministries and programs of the church and its organizations. They shall outline the entire program of the church presenting annually a church calendar of activities which will include all local, associational, state and convention-wide activities. 8 ARTICLE VIII STANDING COMMITTEES Unless stated otherwise the members of all standing committees shall be nominated by the nominating committee and elected by the church. Should a vacancy occur, the unexpired term may be filled immediately by the nominating committee with approval by the church at the following regular business meeting. Specific duties of committees are outlined in the Church Committee Manual. Sec. A. Church Proe:ram Committees The church shall have the following committees to assist in the planning and administration of the church program. Each committee member will be elected to serve for a three-year term and will be ineligible for re- election until a period of one year has lapsed. 1. Committee on Committees This committee shall consist of one deacon and at least four members at large. Duties shall be to recommend to the church the creation of additional standing committees as needed. They shall inform all committee chairmen of their responsibilities and shall assist them in understanding how to carry these out. They will be a liaison between all committees and the church administration in functional matters. They shall review the Church Committee Manual at least every three years for appropriate revision. 2. Nominating Committee This committee shall consist of one deacon and at least four members at large. They shall be recommended to the church by the pastor and deacons at the annual business meeting in September and elected at the same meeting. They shall present at the May business meeting the names of those nominated as directors who will assist in contacting and enlisting qualified members as outlined in BY-LAWS ARTICLE VI. They shall nominate non-called officers of the church, department leaders, department workers and members of standing committees. All nominees shall be members of this church in good standing. They shall be faithful in attendance and contributing as God has prospered them, giving evidence of genuine interest in the ministry ofthis church. Failure to fulfill their duties shall be grounds for removal. Elections shall be in accordance with BY -LA WS ARTICLE V. 3. Personnel Committee This committee shall consist of one deacon and at least four members at large. It shall assist the church in matters related to employed personnel, including those called by church action. In cooperation with the pastor, their work shall include such areas as determining staff needs, employment, salaries, benefits, other compensation, policies and job descriptions. 4. Stewardship Committee This committee shall consist of the stewardship director, the treasurer, one deacon, one trustee, and at least five members at large. The stewardship director shall serve as the chairman of this committee. The duty of this committee shall be to develop and co-ordinate the overall stewardship ministry of the church. This committee shall be organized as outlined in the church committee manual. The functions of the committee are: 9 Sec. B. ... .." a. Education: This task will be to assist members to develop an understanding of and a commitment to the Biblical concept of individual and corporate stewardship. The committee shall establish and recommend emphases and activities to teach stewardship. b. Budget: This task will be the development, promotion and administration of the budget. The budget shall be reviewed by the deacons prior to its presentation to the church. The budget shall then be distributed to the congregation in writing and discussed prior to a recommendation by this committee for adoption in accordance with BY -LA WS ARTICLE IV, SEC B I or 2. They shall meet at least monthly to review the treasurer's report and to consider requests for expenditures as defined in the church committee manual. They will be responsible to ensure regular payment of all bills and obligations incurred by the church. c. Accounting: This task will be the establishment of sound procedures for receiving, counting, recording, disbursing, and reporting gifts of the church membership. They will be responsible for orientation and supervision of the counting committee, the treasurer, and an employed financial secretary. Church Ministrv Committees The church may have the following committees as needed to facilitate the ministries of the church. Each committee member will be elected to serve for a three-year tenn and will be eligible for re-election at the end of that tenn. I. Academy Committee This committee shall consist of one deacon and at least four members at large. Duties shall be to exercise general supervision of the Christian Academy of Boynton, Inc. This committee is authorized to conduct all related financial and personnel matters under the direction of the pastor. A monthly status and financial report shall be submitted to the church in writing at each regular business meeting. 2. Audio-Visual Committee This committee shall consist of at least four members. Duties shall be to detennine the church's needs for audio-visual equipment and supplies. They will recommend to the stewardship committee procurement of appropriate equipment. They will operate such equipment or instruct those who will use it. They will be accountable for issuance of equipment to responsible members for church use. They will provide appropriate maintenance or recommend replacement. 3. Baptism Committee This committee shall consist of at least two female and two male members. Duties shall be to assist the pastor in the preparation of candidates for the ordinance of Baptism. The committee will perfonn any other task requested to carry out this church ordinance. 4. Bereaved Familv Committee This committee shall consist of at least four members. Duties shall be to provide a meal if the bereaved family so desires. 10 5. Constitution and Bv-Laws Committee This committee shall consist of one deacon and at least four members at large. They shall review the CONSTITUTION and BY -LA WS at least once every three years for appropriate revision. Recommendations for revisions or amendments may be made when deemed necessary, in accordance with BY -LA WS ARTICLE X. 6. Counting Committee This committee shall consist of at least four members. Duties shall be to count and deposit monies received through the church as directed by the stewardship committee. 7. Flower and Decorating Committee This committee shall consist of at least three members. Duties shall be to provide for the sanctuary floral arrangements and decorations as deemed appropriate for the Sunday services, holidays and other occasions. 8. Hospitality Committee This committee shall consist of at least three members. Duties shall be to plan and prepare church-wide social activities. 9. Host and Hostess Committee This committee shall consist of at least four members. They shall assist the ushers in welcoming guests and members at all worship services and activities of the church. 10. Kitchen Committee This committee shall consist of at least three members. Duties shall be to oversee the operation and management of the kitchen. 11. Landscape and Grounds Committee This committee shall consist of at least four members. Duties shall be to determine the need for additional maintenance equipment and recommend its acquisition to the stewardship committee. They shall arrange for up-keep of all church owned grounds and related equipment. 12. Lord's Supper Committee This committee shall consist of at least four members. Duties shall be to prepare for serving the Lord's Supper and perform other tasks requested to carry out this ordinance. 13. Mission Committee This committee shall consist of one deacon and at least four members at large. Duties shall be to determine when and where new mission work shall be undertaken by this church, to lead in establishing of missions, to supervise and assist in such work to keep the mission in harmony with this church and with denominational programs, and to recommend the time for organizing a mission into a church. 11 14. 15. 16. 17. 18. 19. 20. 21. '-' .." Music Committee This committee shall consist of the minister of music, all employed musicians, the president of the sanctuary choir and at least two members at large, one of whom is not a choir member. Duties shall be to assist in carrying out the music ministry. Nursery Committee This committee shall consist of at least three members. Duties shall be to enlist volunteer nursery workers as required. Parking Committee This committee shall consist of at least four members. Duties shall be to enlist, train and schedule parking attendants for church services and activities as needed. Publicity Committee This committee shall consist of at least three members. Duties shall be to promote any church services and activities through appropriate publications or other media. Recreation Committee This committee shall consist of at least three members. Duties shall be to plan, organize and supervise the church recreational program. The committee shall be responsible for maintaining and storing recreational equipment and for recommending acquisition of additional equipment. Renovation and Maintenance Committee This committee shall consist of at least four members. Duties shall be to determine the need for additional maintenance equipment and recommend its acquisition to the stewardship committee. They shall arrange for up-keep of all church owned buildings and related equipment. Ushers Committee This committee shall consist of at least four members. They shall be responsible for enlisting, scheduling, and training the ush~rs. Ushers will welcome and seat guests and members and will receive the offering at worship services. Vehicle Committee This committee shall consist of at least three members. Duties shall be to oversee the operation and maintenance of all church vehicles. The committee shall recommend to the church any policies relating to the use of the vehicles for church-wide ministry. ARTICLE IX SPECIAL COMMITTEES The church may have special committees as needed for specific ministries. A statement of purpose and expected length of ministry shall be set forth prior to establishing such a committee. Should it be necessary that the ministry of a special committee be continued beyond the stated duration, the chairman of that committee shall report to the church for evaluation. The church may then take whatever action it deems appropriate. 12 A special committee and its members shall be recommended by the deacons and be elected by the church. All nominees shall be members of this church in good standing. They shall be faithful in attendance and contributing as God has prospered them, giving evidence of genuine interest in the ministry of this church. Failure to fulfill their duties shall be grounds for removal. Members shall be elected for the duration of the ministry up to a three-year term. They shall be eligible for re-election at the end of that term. ARTICLE X AMENDMENTS The CONSTITUTION and BY-LAWS may be amended at any business meeting, providing the amendment shall have been distributed in writing at a business meeting at least four weeks prior to the date on which the motion to amend is presented for vote. BY -LAWS ARTICLE IV, Sec. B 2 or 3 will apply. 13 FIRST BAPTIST CHURCH OF BOYNTON bEACH TRACT-F WOOLBRIGHT PLACE PLAT NO 1 LAND USE AMENDMENT AND REZONING APPLICATION ILLCSTRATION OF THE WATER DEMAND AND SEWAGE FLOW FOR DEVELOP1-ffiNT CNDER THE PROPOSED ZONING IN CONTRAST WITH DEl\.1AND UNDER THE CURRENT ZONING. WATER DEMAND AND SEWAGE FLOW IS ESTIMATED CSING THE STANDARDS ADOPTED BY THE PALM BEACH COUNTY HEALTH DEPART1-ffiNT. CURRENT PROJECTED CHANGE + WATER DEMAND 30,962 GAL/DAY 24,707.3 GAL/DAY - 6260.7 GALIDA Y SEWER DEMAND 23,016 GAL/DAY 24,707.3 GAL/DAY + 1691.3 GALIDA Y METHODOLOGY: EXISTING: LiL'\JD USE DESIGNATIOt\: MODERATE DENSITY 7.26 DU / AC (MODR) DENSITY PER SE1TLE~'ffiNT AGREEMENT = 8.08 DU / AC AVERAGE POPULATION PER L'NIT: 2.39 PERSONS/UNIT :M.A.....XL\.fL'M UNITS OK 14,18 AC SITE PER SE1TLE~ffiNT AGREEMEKT: 115 UNITS. POPULATION CALCL'L-\TIOK (14.18 ACRES X 8.08 DU/AC X 2.39): 274 PERSONS POTABLE WATERDEM..-\KD (274 X 113 GAL/CAP/DAY): 30,962 GAL/CAP/DAY SANITARY SE\"'ER DE.\Lt\..i"D (274 X 84/GAL/CAP/DAy): 23,016 GAL/CAP/DAY PROPOSED: LAND USE DESIGNATION: lvL-\....XLvIUM TOTAL FLOOR AREA: 1\.L-\....XL.vfC~f SQCARE FOOTAGE (14.18 AC X 43560 S.F. X 40%) POTABLE WATER DEMA....1I.JD (247,073 S.F. X 1/10 GAL/S.F): SAKITARY SEWER DEMAND (247,073 S.F. X 1/10 G.AL/S,F): GENERAL COMMERCIAL(GC) 40% 247,073 S. F. 24,707.3 GAL/CAP/DAY 24,707.3 GAL/CAP/DAY CALCUL'\.TIONS BASED ON CHAPTER 10.0.6 FLOW R..i\TES FIRST BAPTIST CHURCH OF BOYNTON bEACH TRACT-F WOOLBRIGHT PLACE PLAT NO 1 LAND USE AMENDMENT AND REZONING APPLICATION A COMPARISON OF CURRENT AND PROPOSED IMPACTS CREATED BY DEVELOPMENT 1. POTE~TIAL SQUARE FOOTAGE, TYPE OF D~7ELLI~G UNITS AND PROPOSED POTENTIAL SQUARE FOOTAGE, TYPE OF DEVELOP11ENT DENSITY (D\'\<'ELLIKG l:NITS/ACRE) CURRENT L>\KD 7.26 USE (MODR) M...AX:. FLOOR AREA R.i\TIO (FAR) ~/A USES ALLOWED PROPOSED L~D N/A USE (GC) 40% . Single-Family dwellings . Two-Family dwellings or duplexes . :\1ultiple-Family dwellings, townhouses, garden apartments and cluster housing; . Private, nonprofit clubs, community centers, civic and social organization facilities; . Private parks, tennis courts, playgrounds, putting greens, golf courses, driving ranges and other recreation facilities; . Public utility buildings, structures, and facilities necessary to service the s UITounding neighborhood; . Houses of worship, schools, nursing homes, nurserv schools, kindergartens and hospitals; . "Neighborhood" commercial uses which are determined at the time of zoning to PUD, to be compatible with the existing and future development of adjacent and nearby lands outside the PUD; . Other uses of a nature similar to those listed, after determination and recommendation by the planning and development board, a determination by the governing body at the time of zoning that the use or uses are appropriate to the PUD development; . Permitted uses for a PUD District shall be specified in the application for zonmg of land to PUD classification; (please see attached exhibit "A") 3. TIMIKG .A..:.'JD PH..i\SING OF DEVELOPME~T The project will reach buildout in the year 2000. 4, EMPLOYEE PROJECTIONS EXISTING tALa. TIATION (14.18 ACRES X 8.08 DU/AC X 2.39): 274 PERSONS PROPOSED EMPLOYEE PROJECTIONS (2 EWlLOYEES PER BEDS-120 + 1 R\:1P PER 1000 S.F. = ABOUT 300 EMPLOYEES 5. TRAFFIC COMPARISON The nature of Traffic generation rates makes it difficult to compare traffic generation in a general way, as each use has a different trip rate associated with it. It is accurate to say that commercial traffic generation rates are higher than residential rates. The attached Traffic Report was conducted based on the planned development as a Health Care Campus. A FIRST BAPTIST CHURCH OF BOYNTON bBACH TRACT -F WOOLBRIGHT PLACE PLAT NO 1 LAND USE AMENDMENT AND REZONING APPLICATION JUSTIFICATION STATEMENT LOCATION: Approximately 1/4 mile ~orth of the intersection of S.\,\i. 8th Street and \Voolbright Avenue, on the East side of S.\V, 8th Avenue, directly north of the Cracker Barrel restaurant. The 14.18 acre vacant parcel, Tract "F" in the ~!oolbright Place Plat Ko. 1, is currently a portion of the \VToolbright Place PUD, designated for use as a church site. CURRENT STATUS: The current Land Use is yfoderate Density 7.26 DUlAC, (i\:fODR), with a zoning designation of PUD. As a part of \Vo0 lbright Place PUD, the property was a part of a settlement agreement ,-~vith the City of Boynton Beach. The approved traffic report has vested the site with 750 trips, and a twenty (20) foot drainage easement lies in the Northwest comer of the site, providing outfall from the Stormwater Management Tract which services the Woolbright Place PUD. The owner of the parcel is the First Baptist Church of Boynton Beach. PROPOSAL: The purpose of this application is to remove the 14.18 acre tract from the approved peD known as Woolbright Place PUD, and redesignate the land use from MODR to GC, General Commercial. Concurrently, a rezoning from PlJ'D to Planned Commercial Development (FCD) is requested. Additionally, a Master Plan Application for the proposed PCD, as well as a revised master plan for the proposed modification boundary of'Woolbright Place peD '\\Till be filed. On ~ovember 21, 1986, the First Baptist Church of Boynton Beach closed on a 14.18 acre parcel of land known as Tract "F" of~roolbright Place Plat No.1, purchasing it from Howard R. Scharlin, as trustee of Woolbright Place PUD, as seen in the attached \Varranty Deed (ORB 5083 PG. 1044). In the accompanying Declaration of Restrictive covenants, recorded in ORB 5591, PG. 830, Paragraph 2, Imposition qfRestrictions, various uses were prohibited, including the sale of alcoholic beverages, tobacco stores, bars, drive in restaurants, and automobile sen,ice stations. This declaration was in place to protect the First Baptist Church of Boynton Beach, who had plans to construct a new church building on the property. The uses described in the restrictive covenant were considered indispensable to the desired atmosphere and environment for the proposed church. After the closing on the property, the outlined restrictions were not adhered to, and a service station, were approved and built. These violations have rendered this site undesirable for development as a community church site, and the property m.vner is seeking to market and sell the property in the most advantageous way. A commercial land use, '\\I-ith a Health Care Campus is seen as the best option to achieve this goal. FIRST BAPTIST CHURCH OF BOYNTON BEACH TRACT -F WOOLBRIGHT PLACE PLAT NO 1 LAND USE AMENDMENT AND REZONING APPLICATION JUSTIFICATION STATEMENT page two The property's proposed land used designation, GC, and accompanying zoning designation of PCD are suitable for the particular parcel for a number of reasons. The property has 1260 feet of frontage on S.\V 8th Street, and is just north of the \Voolbright Place PUD. The site is strategically located near major east-west and north-south arterials. The intersection of S.\V. 8th Street and Woolbright Road is approximately 700 feet south of the site. The Interstate 95/Woolbright Place interchange is approximately 100 feet East of the S.W. 8th Street / Woolbright Road intersection. A ~hster Plan application will be filed with the City of Boynton Beach which outlines a Planned Commercial Development, with a mix of an Assisted Care Living Facility, Kursing Home Facility, and !\,fedical Offices. Direcdy across the E-3 Canal to the west of the site is a residential retirement community known as Liesurev;lle. This site will sen.;ce the needs of the community, and provide excellent access for emergency vehicles to 1-95. From a land use perspective, this modification will prov;de an excellent transitional buffer from the residential development to the west (Liesureville), the residential PUD to the northeast (Trammel Crow), and the Woolbright Place PCD to the south, which included Cracker Barrel, a gas station, and Home Depot. Liesure-ville has a view today of the back door of the Cracker Barrel restaurant, which includes the dumpsters, and open kitchen area. The existing one hundred fifty (150) foot E-3 canal is an existing buffer between Liesureville and the proposed PCD. Additional site design elements will be incorporated into the site plan to further minimize any possible impacts, such as visual, landscape, and sound buffering, creating an intermediate use which develops the property in a compatible, unified design. FIRST BAPTIST CHURCH OF BOYNTON BEACH TRACT -F WOOLBRIGHT PLACE PLAT NO 1 LAND USE AMENDMENT AND REZONING APPLICATION 2. USES ALLO\V'ED IN PROPOSED ZONI~G: Please see attached Exhibit "A" USES EXCLUDED IN PROPOSED ZONING: Please see attached Exhibit "A" 3. TIMIl'JG AND PHA.sING OF DE'VELOP~NT The project will reach buildout in the year 2000. 4. ThfPLOYEE PROJECTIONS EXISTING CALCULATION (14.18 ACRES X 8.08 DU / AC X 2.39): 274 PERSONS PROPOSED EMPLOyEE PROIECITONS (2 ENIPLOYEES PER BEDS-120 + 1 EMF PER 1000 S.P. = ABOUT 300 EMPLOYEES 5. TRAFFIC COMP ARISO~ The nature of Traffic generation rates makes it difficult to compare traffic generation in a general way, as each use has a different trip rate associated with it. It is accurate to say that commercial traffic generation rates are higher than residential rates. The attached Traffic Report was conducted based on the planned development as a Health Care Campus. A residential development has a general traffic generation rate of 10 trips per day per unit. The current site is vested with 750 trips under the current approval. The proposed trip generation rate is 2747. With the current vesting, the new trips associated with this project with be 1997 trips, as seen below Approval Woolbright Place PUD, Church Parcel First Baptist Church PCD N ew Trips (Net Change) Traffic Generation (Trips per Day) 750 2,747 1,997 6. \XlA TER DE!vL>\";'''JD CURRENT PROJECTED CHANGE + WATER DEMAND 30,962 GAL/DAY 24,707.3 GAL/DAY - 6260.7 GALlDA Y 7. SEWER DE\Li\ND CURRENT PROJECTED CHANGE + SEWER DEMAND 23,016 GAL/DAY 24,707.3 GAL/DAY + 1691.3 GALlDAY FIRST BAPTIST CHURCH OF BOYNTON bEACH TRACT-F WOOLBRIGHT PLACE PLAT NO 1 LAND USE AMENDMENT AND REZONING APPLICATION 8. POPULATION PROJECTION UNDER CURRENT ZONINGjLA...'\JD USE AND WIru PROPOSED CHANGE: EXISTIIVG CALLVLATION (14.18 ACRES X 8.08 DUlAC X 2.39): PROPOSED POPULATION PROJECrIONS (300 EMPLOYEES + RESIDEKTS) CHANGE 274 PERSONS 420 PERSONS + 146 PERSONS (+52%) 11. SPECIFIC REQUIREi'\IENTS FOR PLA...'\JNED ZONING DISTRICTS SPECIFIC REGUL-\TIOI'\S: The proposed project meets or exceeds the specific design criteria for planned commercial developments as follows: ..... ...._----~~-~ P_~~.i~. C~teria. .. Minimum land area of 3 contiguous acres Off-street loading shall have one bay for each twenty-five thousand (25,000) square feet of gross floor area or fraction thereof, screened from view. Lot Coverage not to exceed forty (40) percent. Proposed Development 14.18 contiguous acres At the time of the master plan and site plan application, this regulation will be met. The proposed PCD will not exceed forty (40) percent. At the time of the master plan and site plan application, this regulation will be met. Open Lot Areas shall have adequate grading and drainage, continuously maintained in a dust-free condition, subject to the approval of the community appearance board. Setbacks shall be as follows: Front yard: 40 feet Side yard: 30 feet Rear yard: 40 feet Peripheral greenbelt with a minimum width of At the time of the master plan and site plan ten (10) feet, except when abutting residential application, this regulation will be met. _.~~~~ts, ~~~~.~~~~.~.!Je twenty.. five .{~feet._ _....... .....__._ At the time of the master plan and site plan application, this regulation will be met. EXHIBIT "A" be constructed in excess of forty-five (45) feet in height, but not to exceed 100 feet, provided such use is evaluated and approved as a conditional use. Mechanical equipment which exclusively serves the structure shall not be included in the calculations of height. "r,;; bE'" t 'COJra~ 'DfSTRIGr: 1. Intent and purpose. A planned commercial district (PCD) is established. The purpose of this district is to provide a zoning classification for commercial developments that will better satisfy current demands for commercially zoned lands by encouraging development which will reflect changes in the concepts and the technology of land development and relate the development of land to the specific site, to conserve natural amenities and to allow for the mitigation of negative impacts which result from land development. Regulations for the PCD are intended to accomplish a more desirable environment for commercial development in relation to existing and/or future city development, permit economies in providing public services, and to promote the public health, safety, convenience, welfare and good government of the City of Boynton Beach. 2. Definition. A "planned commercial development" : a. Is land under unified control, planned and developed as a whole in a single development operation or a programmed series of development operations for commercial buildings and related uses and facilities; b. Provides for a commercial district of efficient and harmonious design so arranged as to create an attractive project readily integrated with and having no adverse effect on adjoining or surrounding areas and developments; c. Is developed according to comprehensive and detailed plans for streets, utilities, lots, building sites, etc., and site plans, floor plans and elevations for all buildings intended to be located, constructed, used and related to one another, 1997 S-5 Zoning 33 and detailed plans for other uses and improvements on the land related to the buildings; and d. Includes a program for full provision, maintenance, and operation of such areas, improvements, facilities and services for common use by the occupants of the planned commercial development. 3. Unified control. All lands included in a planned commercial development shall be under the control of the applicant or his assigns (an individual, partnership, or corporation or group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PCD. The applicant shall agree to: a. Proceed with the proposed development according to the provisions of these zoning regulations and conditions attached to the zoning of the land to PCD; b. Provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PCD and for continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and c. Bind their successors in title to any commitments made under subsections 3a and b above. All agreements and evidence of unified control shall be examined by the city attorney and no zoning of land to the PCD classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. 4. Standards for planned commercial developments. In formulating recommendations and reaching decisions as to the zoning of land to the planned commercial development zoning classification, the planning and development board and City Commission shall apply the following locational, utility and environmental standards consistent with the comprehensive plan in addition to 34 Boynton Beach Code the standards established in Section 9.C of these zoning regulations applicable to rezoning of land generally. a. Relation to major transportation facilities. A PCD shall be so located with respect to major roadways or other transportation facilities as to provide direct access to major transportation facilities without creating or generating an unacceptable level of traffic along streets in residential areas or districts outside it. b. Extensions of publicly owned and maintained utilities and storm sewers, etc. shall be constructed by the applicant at no expense to the city and said utilities, etc. shall be deeded to the city clear of any encumbrances. Construction standards employed in the installation of publicly maintained utilities and storm sewers shall be those promulgated by the engineering and utility departments as amended periodically. Concerning streets, consistent with the intent of these regulations, any required roadway improvements shall be constructed at the applicant's expense including the dedication of additional rights-of-way as noted in the traffic and circulation element of the comprehensive plan and the replacement of roadway capacity when applicable. c. Physical character of the site. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern of use intended. ="lIJf''''~'''. U$es ~irini, ...~. ..1,.' 1iVl~1tehnit. ~,...''''~.Mt..Ii:lld ~"O'.I.l'bf these zoning regulations provided however, that uses listed as conditional will not be required to secure conditional use approval if shown on the master plan required as a part of this submission; Uses which would require an envirorunental review permit in the C-3 district shall also require such a permit in accordance with Section 11.3, prior to being established in a PCD district. Furthermore, the planning and development board may require that any 1997 S-5 other use obtain an envirorunental review permit, prior to being established in a particular PCD. Any use which uses, handles, stores, or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261, shall require an envirorunental review permit in accordance with Section 11.3. b. Uses ancillary to permitted uses; and c. Commercial uses not listed in Section 6. C.l, but approved by the planning and development board. ";~;'''';.~pllihibited. a. All uses listed. Section 6.C.2tlf these zoningreguiatioDs. 7. Design criteria for planned conunercial developments. In addition to the design and construction criteria established in other chapters or sections of the Boynton Beach Land Development Regulations, the following design criteria shall be applicable to the zoning, design and construction of planned conunercial developments: a. Minimum land area. The mInImUm land area for a planned conunercial development shall be three (3) contiguous acres. b. Off-street loading. Every hospital, institution, hotel or commercial building or similar use requiring the receipt or distribution by vehicle of materials or merchandise shall have one (1) off-street loading bay for each twenty-five thousand (25,000) square feet of gross floor area or fraction thereof. Off-street loading areas shall be designed in such a manner as to screen from view at ground level, parked vehicles, a materials handling facilities including compactors or dumpsters. For the purposes of this section, screening is defmed as a solid stucco masonry wall painted on both sides. C. Lot coverage. The total ground floor area of all buildings and accessory structures shall not exceed forty (40) percent of the plot on which they are constructed. 20 Boynton Beach Code permitted as an accessory use to a repair shop which is permitted in the district, provided that, in all cases, the floor area occupied by used merchandise shall not exceed twenty-five (25) percent of the gross floor area. Stores which deal primarily in used merchandise, shall be limited to retail merchandise of the type that is permitted in the list of permitted uses above. Pawnshops and auction houses shall be prohibited, however, in the C-2 district. Used merchandise stores shall be located not less than twenty-four hundred (2,400) feet apart, as measured by direct distance between property lines, and shall have a gross floor area of not more than five thousand (5,000) square feet. Where these stores are currently located at less than this minimum distance, such stores shall not be expanded. All new applications for occupational licenses to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit which certifies that the provisions of this paragraph would be complied with. Exterior storage and display in connection with such uses shall be prohibited, 7. Off-street parking as set forth in Section 11. H hereinafter. $I'C;31: 't;:OMMUNR"" COMMERCIAL nrSTlUeT.' These district regulations are to encourage the development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare. 1. Uses permitted. Within any C-3 community commercial district, no building, structure, land or water shall be used except for one (1) or more of the following uses: .' . .j_,~""'<1.;f;hi Ol"C-2 dimicts. ~~""~_'ftoorarea. b. Any conditional use in the C-2 district, except as provided for otherwise under the C-3 district regulations, without specific limitation on floor area. * c. Antique stores and auctions houses, selling only objects of value such as quality antiques, art objects, jewelry and the like, but not used merchandise generally. d. Bars, cocktail lounges, subject to the provision of Chapter 3 of the City of Boynton Beach Code of Ordinances. Such uses shall be a conditional use (*) if located within six hundred (600) feet of property lying within a residential zoning district as measured by direct distance between property lines. e. Liquor stores, subject to the provisions of Chapter 3 of the City of Boynton Beach Code of Ordinances. f. Greenhouses, nurseries, and other horticultural uses. g. Department stores. h. Hotel, motels, apartment hotels, and apartment motels, including timesharing units, provided that sleeping rooms and apartment suites therein, and exterior portions of the site shall not be used for the display, lease, or sale of merchandise. i. Lumber yards and building materials stores, including sale to contractors. * j. Multifamily and duplex residential dwellings, including timesharing apartments, which shall comply with the R-3 district regulations for such uses. k. Rooming and boarding houses, * 1. Private clubs, lodges, and fraternal organizations . m. Recreational facilities, including bowling lanes, billiard halls, health clubs, gymnasiums, tennis clubs, golf courses, miniature golf courses, shooting ranges (indoor only), skating rinks, and amusement halls. Recreation facilities other than those which are listed above shall be conditional uses(*). Racetracks, go-cart tracks, and water slides shall be prohibited. n. Sale of ammunition and firearms. o. Theaters and auditoriums, excluding drive-in theaters. p. Automotive service stations, without major repairs (see defInitions "major repairs"), and including car washes as an accessory use, provided that the site is developed in accordance with Section 11.L. The repair and service of vehicles in the C-3 district shall include all motor vehicles, in addition to those types of motor vehicles for which repair and service is allowed in the C-2 district, but shall exclude farm tractors and implements, cement mixers, shovels or cranes, and special mobile equipment as defIned by Section 316,()()3, Florida Statutes. All repair and service of vehicles shall be done within an enclosed building. q. Bus terminals. r. Ambulance service. s. New boat sales, excluding repair or service on premises. * t. Marinas and yacht clubs, which may include the following as accessory uses, if approved as such: Any accessory uses to marinas which are allowed in the CBD district, as well as boat dealers, service, repair, installation, rebuilding, or customizing of boats, engines, or marine of boats, engines, or marine equipment. * u. Dry storage of boats at marinas. >I< v. Yachtels, boatels, and other use of boats at marinas for residences. * w. Small equipment and tool rental, for homeowners use, excluding exterior display or storage. x. Governmental, utilities, and corrununications facilities, excluding uses which have extensive storage or maintenance facilities, or storage or maintenance as their principal use. Utilities shall be adequately screened from exterior view, y, Trade and business labor pools; such uses shall be a conditional use (>I<) if operated on a walk-in basis. Zoning 21 z. Automobile wash establishments. aa. Wholesaling of goods listed under Section 8.A.l.c.(2), 8.A.l.c.(3), 8.A.l.c.(4), 8.A.l.c.(6), 8.A.l.c.(7), 8.A.l.c.(14), and 8.A.l.c.(16) of these zoning regulations, and storage of goods for households, but excluding any exterior storage or display, where all portions of the propeny lie within three hundred (300) feet of a railroad right-of-way, and direct access to the property from a collector or arterial road is not available at the effective date of this ordinance.'" The conditional use application shall list the specific types of goods which are to be sold, stored, or distributed from the premises, and uses of the propeny shall be limited to those specified on this list, as approved by the City Commission. bb. Adult entertainment establishments. cc. Repair of motor vehicles or tire sales and service, limited to minor repairs (see defInitions "minor repairs"), and including car washes as an accessory use, are as follows: (1) This use is not permitted on s.ites less than fIve (5) acres in size. (2) On sites of greater than fIve (5) acres and less than seventy-fIve (75) acres, all such uses shall be located in a shopping center and within the principal building of the shopping center; (3) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. * For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry ten (10) persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall beedone within an enclosed building. 22 Boynton Beach Code dd. Upholstery and carpet steam cleaning businesses. ee. Marine canvas retail sales and fabrication (no on premises installation). 1A. Conditional uses allowed. Those uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set forth in Section 11.2. lB. Uses requiring environmental review permit. Within any C-3 community commercial zoning district, no building, structure, land, or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the following specified uses, unless an environmental review permit is secured in accordance with the standards and procedures set forth in Section 11.3: a. Any use which would require an environmental review permit in the C-2 district. b. Sign painting and lettering shops. c. Automobile wash establishments. d. Repair of motor vehicles or tire sales and service, limited to minor repairs (see definitions "minor repairs"), and including car washes as an accessory use, provided that all such uses shall be located in a shopping center and shall be located within the principal building of the shopping center, and provided that the site occupied by the shopping center has an area of not less than five (5) acres. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry ten {I O} persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. e. Any use listed under 6,C.1. or 6.C.1A, which uses, handless, stores, or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261. 1 ,,~:?~.1ftIJ.lIDJIIJl1!U.. Within any C-3 community commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the following uses: a. Any use not specifically allowed in accordance with the list of uses under 1., lA., and lB., above, b. Any use which is either specifically allowed or prohibited in another zoning district, which is not specifically allowed in accordance with the list of uses under 1., 1A., and lB. above. c. Any wholesale establishments, storage as a principal use, off-premises storage, or distribution. except in accordance with 1.aa. and lA. above. d. Single-family detached dwellings, except where used as a group home. e. Sales bazaars, farmer's markets, flea or thieves' markets, swap shops. and trading posts. f. Bingo halls. 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted. established, altered. enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot area Maximum lot coverage (building) Minimum front yard Minimum side yard (interior lots) 75 feet 15 ,()()() feet 40 percent 20 feet None (see Notes a and b) Minimum side yard (comer lots) Minimum rear yard 15 feet street side (see Note b) 20 feet (see Notes b and c) 45 feet, not to exceed 4 stories Maximum structure height a. Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15) feet shall be provided on one side. b. When abutting a residential zone, side andlor rear yards shall be thirty (30) feet minimum. c. Where rear yard access is available from a public street or alley, rear yard may be decreased by one-half the width of such street or alley, but in no case shall a rear yard be less than ten (10) feet. 4. Off-street parking as set forth in Section 11.H hereinafter. 5. Repair and service of merchandise: The repair and service of merchandise for household customers shall be permitted as either an accessory or principal use, for any merchandise which is typically sold in the C-3 district, excluding rebuilding or refinishing of any type. 6. Exterior display and storage of merchandise. Exterior display of retail merchandise shall be permitted, provided that such merchandise is owned by the operator of the business occupying the building, and is the same type of merchandise that is typically sold within the building. Exterior storage of merchandise shall be for a length of time which, on a daily basis, shall not exceed eighteen (18) hours. Exterior storage or display of motor vehicles and boats, excluding wrecked motor vehicles, shall also be permitted to the extent that same is integral to the operation of a conforming use or a legal nonconforming use, and without limitation on length of time. Exterior display of merchandise shall be completely contained within property lines, and shall not completely block walkways or otherwise create a hazard to the public. Parking areas shall not be used for such displays except for a period or periods of time which shall not exceed seven (7) days within any Zoning 23 one (1) calendar year. Permission from the development director or his authorized representative shall be required for any use of parking areas for display of merchandise. The exterior display or storage of growing plants shall be permitted in connection with a lawful principal use, without limitation on length of time 7. Sidewalk sales. Sidewalk sales in rights-of-way shall require approval by the city manager or such person as may be designated by the city manager. 8. Sale of used merchandise: The sale of used merchandise shall be permitted as an accessory use to the sale of new merchandise, meaning that used merchandise shall be of the same type as the new merchandise sold on the premises, and shall be permitted as an accessory use to a repair shop which is permitted in the district, provided that in all cases, the floor area occupied by used merchandise shall not exceed twenty-five (25) percent of the gross floor area. Stores (including pawnshops) which deal primarily in used merchandise, other than antique shops or auction houses (see I.e. above), shall be limited to sale of retail merchandise of the type that is allowed in accordance with the list of uses under 6.C.1. and 6.C.lA. above. Such stores shall not exceed five thousand (5,000) square feet in gross floor area and shall be located not less than twenty-four hundred (2,400) feet apart, as measured by direct distance between property lines. Where these stores are currently located at less than this minimum distance, such stores shall not be expanded. All new applications for occupational licenses to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit which certifies that the provisions of this paragraph would be complied with. Exterior storage or display in connection with such uses shall be prohibited. D. C-4 GENERAL COMMERCIAL DISTRICT. These district regulations will be effective in projecting desirable uses and patterns along the development corridors that will be located at points along major trafficways. The ultimate desired results are to group highway uses, keep a. Public buildings and facilities such as city hall, police and fire stations, libraries, public schools, public utilities and cemeteries; b. Private or semi-private institutions (excluding churches and schools) such as hospitals, utilities, and other non-profit facilities; c. Other governmental agencies such as those providing postal, administrative or regulatory services; d. Telecommunication towers. 1A. Uses requiring environmental review permit. Any use listed under. 5.1.1. above which uses, handles, stores or displays hazardous materials or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261, shall require an environmental review permit in accordance with Section 11. 3. 2. Building and site regulations. No building or portion thereof shall be erected, constructed converted, established, altered, enlarged or used unless the premises and building comply with the following regulations: Minimum lot frontage Minimum lot area Minimum front yard Minimum side yard Minimum rear yard Maximum structural height 75 feet 8000 square feet 25 feet 15 feet, each side* 25 feet* 45 feet, not to exceed four (4) stories *When abutting residential districts, side and/or rear yard shall be thirty (30) feet. 3. Off-street parking: As provided In Section 11-H hereinafter. K. PUD PLANNED UNIT DEVELOPMENT DISTRICTS. Chapter 2.5 of the Land Development Regulations is hereby incorporated by reference into these zoning regulations, and all planned unit developments shall be considered zoning districts on the official zoning map. Chapter 2.5, and all planned unit developments approved in accordance with 1997 S-5 Zoning 15 Chapter 2.5, shall be subject to all applicable provisions of these zoning regulations, except as otherwise provided for in Chapter 2.5. (Ord. No. 96-32, ~ 1, 8-8-96; Ord. No. 96-51, ~ 2, 1-21-97) ]lf~r<<~':.U;if!III]Jr II. . 14at..DM._thase pr&risieJw. A. C-1 OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT. These district regulations will provide appropriate space for office and professional uses, located to provide ready access to such services for all. ~'f::,;:~.....~, Within any C-l office and professional zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered or used, in whole or in part, except for one (1) or more of the following specified uses (single-family occupancy when incidental and necessary to main use is permitted). Those uses, however, which are listed in lA. below shall require conditional use approval, and those uses which are indicated under lB. below shall require an environmental review permit, prior to the establishment of these uses: a. Churches and other places of worship and attendant accessory uses. Day care centers, primary and secondary schools, seminaries, and colleges and universities shall not be construed to be an accessory use to a place of worship, however. b. Financial institutions, including drive-through facilities. c. Funeral homes. d. Crematorium. * Funeral home with e. Goverrunent facilities, including public community centers, excluding uses which have extensive storage or maintenance facilities, or storage or maintenance as their principal use. f. Hospitals. 16 . Boynton Beach Code g. Medical and dental offices and clinics. h. Nursing and convalescent homes. i. Pharmacies, medical and surgical supplies; orthopedic, invalid and convalescent supplies; eyeglasses and hearing aids. j. Professional and business offices. k. Veterinary offices and clinics, excluding outdoor kennels, or keeping of animals for purposes other than treatment, and excluding on-site disposal of animals. 1. Reserved. m. Nursery schools, day care centers, and other preschool facilities* (See Section 1l.C.). n. Instruction or tutoring, with a gross floor area of less than two thousand (2,000) square feet, limited to instruction for office occupations, or academic tutoring, and specifically excluding art, recreational, trade, or industrial instruction. o. Instruction or tutoring, with a gross floor area of two thousand (2,000) square feet or more, limited to instruction for office occupations, or academic tutoring, and specifically excluding art, recreational, trade or industrial instruction. * p. Academic schools, regardless of floor area, including primary and secondary schools, seminaries, colleges, and universities. q. Copying service. Print shops shall be allowed subject to obtaining an environmental review permit in accordance with Section 11.3. r. Restaurants, * subject to the following conditions: (1) No restaurant is to be allowed in an office building or complex of less than twenty- five thousand (25,000) square feet. 1997 S-5 (2) No restaurant shall occupy more than five (5) per cent of the total square footage of the office building or structure. (3) No signage for the restaurant shall be placed on any freestanding sign for the office building or complex. (4) Hours of operation shall be limited from 6:00 a.m. to 5:30 p.m. (5) Seating shall be limited to forty (40) seats or less. s. Barber shops, beauty salons, manicurists, tailors and dressmakers. * t. Dental laboratories. * IA. Conditional uses allowed. These uses specified above in subsection 6.A.I. which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set forth in Section 11.2. lB. Environmental review permit required. Any use listed under 6.A.1. or 6.A.IA. above which uses, handles stores or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261, shall require an environmental review permit in accordance with Section 11.3. 2. Uses prohibited. Any outdoor display of merchandise. 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot depth Minimum lot area Maximum lot coverage (building) Minimum front yard Minimum rear yard 75 feet 120 feet 9,000 square feet 40 percent 30 feet 20 feet Zoning 16A Minimum side yards Maximum structure height 10 feet* 25 feet, not to exceed 2 stories** *When abutting residential district, side and/or rear yards shall be thirty (30) feet. * * Exceptions: 1. Maximum height for hospital shall be forty-five (45) feet not to exceed four (4) stories. 2. Building designed for under building parking shall be (30) feet maximum. 4. Off-street parking. As set forth in Section 11.H hereinafter. CIAL ms ,~ These district regulations will provide a limited number of small commercial facilities of a retail convenience nature, intended to service individual residential neighborhoods. Generally, the desired locations for these facilities are near and about the geocenter or other pi armed nucleus of the neighborhood, conforming to the general development plan. ."'l~. , J "ltd. Within any C-2 neighborhood commercial zoning district, no building, structure, land or water, or any part thereof, shall be etected altered, or used, in whole or in part, except for one (1) or more of the following specified uses. Those uses, however, which are indicated in lA. below shall require conditional use approval, and those uses which are listed under lB. below shall 1997 $-5 require an environmental review permit, prior to the establishment of these uses: All stores and shops in the C-2 district shall be limited to retail sales. a. Any use permitted in C-l district. b. Any use which is a conditional use in the C-l zoning district. * The following uses, provided that the gross floor area of such use does not exceed five thousand (5,000) square feet: c. Automobile parts and marine hardware stores, excluding any installation on premises, and excluding machine shop service. d. Camera and audio-visual equipment and supply stores. e. Furniture stores and home furnishings; antique stores, excluding auction houses, shall be a permitted use if limited to selling only objects of value such as quality antiques, art objects, jewelry and the like, but not used merchandise generally. Zoning 17 draperies. blinds and shades, and interior decorator shops. o. Office supplies, equipment, and furniture. p. Art, craft, trophy, hobby, and costume shops, and sewing supplies; art galleries and artists' studios. q. Book stores, religious goods, card shops, tobacco shops, and news stores. r. Pet shops, excluding kennels or boarding of animals or keeping animals in outdoor kennels. s. Repair or service shops, excluding rebuilding or refinishing for retail goods that are typically sold in the stores which are pennitted uses in the C-2 district. All outdoor display or storage in conjunction with such uses shall be prohibited, however. t. Televisions; radio, video, and stereo equipment and supplies. u. Household appliances and parts for same. f. Flower shops and sale of house plants. v. Curio, souvenir, and gift shops, excluding sale of used merchandise. g. Bicycle shops. h. Luggage stores. 1. Music stores. j. Art and ceramic stores. k. Jewelry and cosmetic stores. 1. Locksmith shops. m. Sporting goods, excluding sale of anununition or fireanns; game, and toy stores; bait and tackle shops. n. Paint, wallpaper, tile, carpet, w. Beer and wine sales, limited to consumption off premises. x. The following personal and household services: Barber shops, beauty salons, manicurists, tanning salons, pet grooming, off-premises carpet and upholstery cleaning, maid service, tailors and dressmakers. y. Laundromats and retail laundering services, provided that the floor area for such uses is entirely enclosed. z. Retail photographic studios and photo finishing service. aa. Fabrication and installation of - 18. Boynton Beach Code furniture slipcovers. bb. Taxicab offices and parking, excluding service or repairs on the premises. cc. Automotive service stations, without major repairs (see definitions: "major repairs"), and including car washes as an accessory use, provided that at least one (1) frontage lies along a four-lane collector or arterial road, and the site is developed in accordance with Section ILL. In the C-2 district, repair and service of vehicles, other than refueling, shall be limited to automobiles, motorcycles, and pick-up trucks with a rated capacity of not more than one (1) ton. All repair and service of vehicles shall be done within an enclosed building. * dd. Print shops. ee. Drycleaning service, limited to handling goods that are brought to the premises by retail customers. ff. Private clubs, lodges, and fraternal organizations. * gg. Drive-up, drive-through, or drive-in service for any of the retail uses or personal services listed under 1.c. through 1.ff. above. * Drive-up and drive-through facilities for financial institutions shall be a pennitted use, however. hh. An or recreational instruction. The following uses, provided that the gross floor area of such use does not exceed ten thousand (10,000) square feet: ii. Grocery, food, ice cream, confectionery, and health food stores; delicatessens, butcher shops and seafood stores, vegetable and fruit stores, convenience food stores, and bakeries; catering service. JJ . General hardware stores. kk. Restaurants, including serving of alcoholic beverages only in connection with the serving of meals. 11. Drive-through, drive-up, or drive-in restaurants. * mm. Sundries, notions, and variety stores. nn. Drug stores. 00. Clothing, clothing accessory, and shoe stores. pp. Lawn and garden supply stores. qq. Drive-up, drive-through or drive-in service for any of the retail uses or personal services listed under 1.ii. through 1.pp. above. * Drive-up and drive-through facilities for financial institutions shall be a pennitted use, however. IT. A single-family residence, incidental to a pennitted, commercial use, located on the same lot as the commercial use. Such residence shall have a minimum living area of seven hundred fifty (750) square feet and shall be limited to occupancy by the property owner or business owner/operator. All uses listed under I.e. through 1.qq. above shall specify the gross floor area on the application for an occupational license. Each retail store and adjacent stores or bays under the same ownership or control that are of a similar or related use shall be considered to be a single store for the purpose of computing floor area. 1A. Conditional uses allowed: Those uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set fonh in Section 11.2. 1 B. Uses requiring an environmental review pennit: Within any C-2 neighborhood commercial zoning' district, no building, structure, land or water, or any pan thereof, shall be erected, altered, or used, in whole or in pan, for any of the following specified uses, unless an environmental review pennit is secured in accordance with the standards and procedures set fonh in Section 11.3: a. Automotive service stations, subject to the provision of l.cc. above. b. Print shops. c. Drycleaning on premises, limited to handling goods that are brought to the premises by retail customers. d. Any use listed under 6.B.l or 6.B.IA, which uses, handles, stores, or displays hazardous materials, or which generates hazardous waste as defined by 40 Code of Federal Regulations, Part 261. 2. Prohibited uses. Within any C-2 neighborhood commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the following uses: a. Any use not specifically allowed in accordance with the list of uses under 1., lA., and lB" above. b. Any use which is either specifically allowed or prohibited in another zoning district, which is not specifically allowed in accordance with the list of uses under 1., lA., and lB., above. c. Outdoor storage or display of any type. d. Sale of firearms or ammunition. e. Sale of fireworks. f. Temporary employment centers, operated on a walk-in basis. g. Any wholesale establishments, storage as a principal use, or off-premises storage, or distribution. h. Sale of alcoholic beverages, other than beer or wine. i. Serving of alcoholic beverages, except for consumption on premises within a duly Zoning 19 licensed restaurant and in conjunction with the serving of regular meals. J. Lumber yards or building materials stores. k. Sales bazaars, fanner's markets, flea or thieves' markets, swap shops and trading posts. 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot depth Minimum lot area Maxnnum lot coverage Minimum front yard Minimum side yard (interior lots) Minimum side yard (comer lots) Minimum rear yard Maximum structure height 50 feet 100 feet 5,000 square feet 40 percent 30 feet 15 feet* 20 feet on side street 20 feet* 25 feet, not to exceed 2 stories *When abutting residential districts, side and/or rear yards shall be thirty (30) feet. 4. Repair and service of merchandise: The repair and service of merchandise for household customers shall be permitted as either an accessory or principal use, for any merchandise which is typically sold in the C-2 district, excluding rebuilding or refinishing of any type. 5. Exterior storage or display: Exterior storage or display of merchandise or materials shall be prohibited, with the exception of growing plants which are stored or displayed as an accessory use to a lawful principal use. 6. Sale of used merchandise: The sale of used merchandise shall be permitted as an accessory use to the sale of new merchandise, meaning that used merchandise shall be of the same type as the new merchandise sold on the premises, and shall be Associates, Incorporated "FIRST BAPTIST CHURCH OF BOYNTON" TRACT "F" - SHOPPES OF WOOLBRIGHT P.CD. PREPARED FOR: UNRUH, SMITH & ASSOCIATES, INC September 30,1996 General: The subject parcel comprises approximately 14.3 acres of undeveloped property on the west side of Southwest 8th Street, approximately 700 feet north of Woolbright Road, in Boynton Beach. The Site is situated in Section 29, Township 45, Range 43 - Palm Beach County. Drainage Criteria: Runoff from the property will be collected by a series of on-site inlets and directed via culverts into a proposed dry detention area., lake, or on-site exfiltration trenches for water quality purposes. Ultimately, the permitted overflow will be controlled by a weir and will discharge into the Lake Worth Drainage District E-4 Canal, which is contiguous with the western property line of the subject site. The Site is located within the South Florida Water Management District (SFWMD) C-15 drainage basin. As such, there is a discharge limitation of70.0 csm (70.0 cubic feet per second per square mile) for a 25- year return frequency design event. This translates into an allowable discharge capacity of 1,56 cfs for the project during a 25-year storm event. In order to comply with the criteria., runoff will be limited to a peak rate of not more than 1.56 cfs for the project during a 25-year return frequency, 3-day duration storm event. The greater of the :first inch of nmoff over the entire Site, or 2.5 inches of runoff over the impervious area is required to be detained within the on-site treatment area. The roads within the Site will be protected from a 3-year design storm event, and the building pads will be protected from a 100-year storm event in accordance with criteria established by Palm Beach County and South Florida Water Management District. Required Permits: Drainage requirements for this project will be governed by the South Florida Water Management District, the Palm Beach County Engineering Department, and the Lake Worth Drainage District. C:'DFFICE\WPWIN\WPDOCS\DRN-STAT.662 rso/f'C 3767 Lake Worth Road, Suite 110 · Lake Worth, Florida 33461 Fax (561) 968-6847 Statewide (800) 965-9801 Phone (561) 965-9800 Woolbright Place PUD Density calculation: ParcelfTractJPod Parcel "A",Tract "L" or Pod 2A Pod 2B Pod 1 Pod 3 Tract "B" Tract "E" Tract "F" ~ 17.96 acres 15.91 14.05 3.33 8.64 0.5 14.18 Total 74.57 acres Settlement indicates: 85.29 acres MasterP. indicates: 81.12 Less church parcel 14.18 acres Density 45.62764 Density based on settlement acreage 7.585883 Density based on MP acreage: I 7.9758381. Density based on MP acreage: 7.7786 (without duplex units) Units 252 apts 296 apts 83 sf 16 dup 647 units Less church parcel 10.41533 units/acre I DENSITY CALCULATION Density Units Total Acreage (MP) In High Density class In Moderate Density class 81.12 acres 9.12 acres 72 acres x X 10.8 units/acre 7.26 units/acre 98.496 522.72 Total Units Allowed 1 621.2161 DENSITY CALCULATION Using Total Acreage if Tabulated using Zoning/Land Use boundary, not Church Parcel Boundary (less 1.36 acres) Density Total Acreage In High Density class In Moderate density class 79.76 9.12 70.64 X X 10.8 units/acre 7.26 units/acre 98.496 512.8464 Total Units Allowed 1611.34241 Woolbright Place PUD Density calculation: Total Settlement indicates: Master P. indicates: Density Density based on settlement Density based on MP: Size 17.96 acres 15,91 14.05 3.33 8.64 0.5 14,18 74.57 acres 85.29 acres 81.12 Units 252 apts 296 apts 83 sf 16 dup ParcellTractlPod Parcel "A",Tract "L" or Pod 2A Pod 28 Pod 1 Pod 3 Tract "B" Tract "E" Tract "F" 647 units 45.62764 7.585883 7.975838 ?~~~ . ~~ r ~FM ( "'J;'-':+' vs. tLl t) b~~ f"co vs. 'f'LA.D ~~ -ff;~(tll of chvrch- dccu ~~;-I7C0- 1- u f1q r~5-M~- ftc/'C ~A rr <k- r-/t: {(,L.J',..( ~~C~ ~ ------.-- --~----------_._------ _..---~- ----~--- .- - ..- 0: I l '. 1- \ r \{"... ~~, r' ' _~_~ , ------ \ I '. I ~\ \. \: \ \~ ------;i C, \'ii"__ _.-- ~O'?-..\ ~" ' ~ :-.:'_:>-\~>... \ ~ ' J- \ 1,.\. \ 1fl- Y s-9. c ". \~ ~ \ ~-~ t-,C\ \ \~ ~., at 1-:'::"'" ~ " J A- 1~ \~ ~ v<;:, v":e. ~~ 0:: ..- o~ .. FRm-1 UNRUH S~,1 I TI-< ASSOC 4.07 655 5525 P.3 .9-30-1997 8:50A~ ~ .. . ~r.'rT .... Tn YI.RIIANTY ~ P1tOM ~".. It.......seHARL'INa _ TI"'U.~_a TO P'IItST BAP'T%5T CN.JIIte11 OP' IIO'YNTON"u:M. n.ClIIJ:R;&- I~ T~e prope~~y belno conveyed from the Grantor to the orantee 1. located In Palm Seaeh eo~nty, ~lor1da. and deaeribed .s: .~ perce I of lend lylno In .eet1on 29, Tovna~lp 4~ $out~. Ranoe 4~ E..t. PalD Beaoh county. ~lorld., ~or. partlcUlarlv de.orlbod .. follows: COMMENCING at the Southe..t corner Of ..1d'Seetl~ 291 thence S. 88-0Z. ZZ" W. olono the So~th ll~ there- of, a dlat.nee of 144~.$a feet to an interaeotion with the South.~lY ~roJeotion of the Ea.terlY ~lght-of-W.v line ot the ~.k. Worth Dralnaoe DI.trlct Canal [-4 .. d.aCribed in thet O~lt Cl.l~ O.ed to :the Lake Worth Drainaoe District .~d reoorded In 01flc181 ReQord Dook 2146, Paoe 176 of the PUbliC Record. of Palm Beech County.. 'lorlda; thenoe N. OO-~4' 11" ~. a10no ..ld proJeotlon 11n., a distance of ~05a61 feet; thence N. ~0-5A' $1" W. alone the E_.t Rloht.o1-~.Y l1n. o~ ..1d ~~n Dralnmoe Di.trict eenet ~.&, . dl.t.nce of ~s~.~~ tee~ to the POINT .OF BEGINNING ofth!_ de-g~IR- thenee continue N. 20.S~' ~1. W. _lono the E.st RiOht-o'-W.~ lSne. 8 dlstanoe 01 9?2.~8 feet to . ~olnt Qf Inte~..ctlon witn ehe WeaterlY ~roj.ction of the South lln~ 01 "~A~M BEACH LEISU~EVILLE S~CTION 3". .. ~.cord~d In ~lot Book 28, Page 2~~. 244 of the PYblle R.cor~. of P.l~ e..eh County. 'lorlda; thence N. 65.'2. 06" E. alono s.id South 11ne. a distance of 248.~~ f&et to the South..at corner of Lot 4. Block 2~ Of sDld .PA~M BEACM L~ISUREVILL~ SECTION 3"1 thence N. 88"26' ~1" E. a distance of 60.00 feot to . roint 01 Inter.ec- tlon with the W..t line of Bloek 33 Of -LAKE 80YNTON ~STAt~s ~LAT NO.2". .. recorded in ~let !ook 14. ~ege 17. of the ~vbllc R.eo~d. of ~al~ eeaoh County, Flor- 1d.e thenee N. 01"33' 09" w. .long ..id We.t line, a distance ot 180.09 1eet to ~he Northwe.t corner of Lot 12. Block 33 01 s.id "LAKE BOVNTON ES1ATES PLAT NO. 2-; thence N. 88"26' 51" ~. 810ng the NOl"th l1no of $8iCl Block ~;S. a cUatencll' o~ ~a. 39 feet; t.hor'lCe S. 01.0b' 24" E. e dS.tenc~ of 440.30 ~eot to e Point of Curve- tv~.; thence $outnerlv alon~ the erc of 8 cv~ve to tne !.~t h~vlng a redlu. of 15~C.OO f..t. 8 central enole of 18"06' 13". an 81"0 dlstonoe of ~'6. 59 t.ot to . point Of ~everso curvetyrel thence continue $oytnerly alono the orc of e curve to tho I"ioht havlno 0 redlY. of 1?&0.00 teet, . o.nt~.l onole of 09'11' 48-, on 8"'C dl.'onoe Of 280.90 1'e.t, the"OO S. 88-26' ~1" 1.1..11 Gist_noe Of 4~7.a5 fe.t to the POINT OF BEGINNING. Said land. .Itueto 1n the City 01 Boynton Beach. ~.lm B.ech COynty, ~loride. eont.lnlnv 14.025~ 801"ea, more or le... The above de.cription being In .ccor- Ganee wl~h e s~rvey 01 Ceulfield 6 wn~.lel", Inc., deteo November 12, 1986. Job No. 387. 11'1 ~ o ~ a... ,.., GO C U'\ CC EXCEPTIN~ TMEREF~OM. auoh portion 01 the above d..crlbed ~ropel"ty a. S8 a ~tlon of end contained within t~. tne follow- Ing Geaorlbed I:>,..o~erty. to wit: . ~ot. 9 through 29 inclu.ive of 8look 39. Lota 1 t~l"ouOh 2& ~nclu.1Ye o~ BIOC~ 441 Lot_ 1 t~rouOh 25 lnclusiv. ot SlOCK 40: all of Block 46. all of LA~E BOYNTON ESTATES. PLAT NO.3. aocord- ing to the ~let ther.of on file in tho Otfloe of tho Clerk ot the eSl"cuit Court in and for Pelm Beach County, Florldd. ~ecorded In ~l.t Dook 13. ~a.e &3. 2 01 2 ~ECORO V~~'FIEO PA\..M 6EACl-l COU~TV. F1.A. JOl'lN 8.0\.lNKU CLERK. CIRCUli coullf .9-30-1997 8:50A~ 1- ,'1:., .\." .. r" .... .. '. IT ;or ~ ~ :Jln '.JJ GO '):? ' N I; 08 .. N r ,p;.tJi) ;,'1, ~.bO #5(.U) " ~ " ~1?l.... ~'; : '. .' fi I *' :r g .... Q.. (Y\ . CD '0 U"I to FROM ~RUH S~IT~ ASSOC 407 655 5525 WA:Z~hO. 10 11418 ~. ...de this ~~ ~ ~.y.o~ November. :1.'86, ~ THE GltNCTOlh HOWA"t> R. SCIo1ARLIN. IndiViduallY and .. Trustee Dade county. Florida AND THE ~I ~l~T BAPTIST CHURCH OF BOYNTON B~AeH. FLORIDA. INC. 3C1 North S.acreat Blvd. ".lm ".ach Coun~y aoyntone.ach. ~lorlda WITNESS. T~.t ..id Gra"tor. for'end in oon.lder.t1o~ of the sum OT ~en Doll.r. (t1C.00). 8nd other good. end valuabl. c~lder.- ~1on. to said Grantor In hand ~eld bY ..id ~r.Mt... t~ r.e.~pt whereof i. hereby eeknowled.ed. he. sold. 9renteQ end b.r9~ined to the ..ld Grant.., end the Grantee.. h.lrs'e~d ...19n. for.ver. the followln.., de.oribed land. .ltuate. IYln'il and beino in: County. In ~lorid., to-wit: "~AeM~~XM~,IT eA. ihi~ oonveyanee is made .~bJect to restrictions. reservation.. ....~.nt. e~ l1mi~.tion. of record, if any, provided that tni. snell not serve to r.I~~o.. ..me. end subJeot to zonino or- din.~ce. end ot~er r.quirements iMPOsed by oovernmental au- thority, and aubJeot to real e.tate taKe. for tn. our~ent vear end .ub.~ue"t yea~a. Tne Grantor do.. hereby 1ul~y warrant the title to ..ld l.nd. end will defend tnae ..me oo.inst the lawful ~l.im. of all peraona whomsoever. Grantor end Grant.. .~e u.ed for tne sinoular or p~ur.l. .. the eont.~t require.. IN WITNESS WHEREOF. Grentor ~a. hereunto set Gr.nt~'. ~nd end .eel the dey end year 1ir.~ obove written. Si_ned. ...led end delivered in our pre..noe: ()/:.1f:.. IndividuallY and a~ Trustee -f~~S' ~ ~ Witn.. (SEA\.) $TAT~ O~ ~~O~IDA COUNTY OF DAO! ) ] ~ ~O.OO -..-.., ".. ,.,,.. - ,.. ...u.... T" ,.. :~""\4. I HER~SY C~RTIFY that on thl. daY before ~e. an officer duly ~u.l1fied to take ooknowl.doment.. personollY o.eeared HOWARD ft. SCHARLIN. to me known to be the ~raon d..o~lb.d In end who ex- ecut.d tne foraooln. lnatrument ond aoknowl.d~ be~ore me th.t he .xeouted the ..... WXTNEee, MY "and and offlolo1 .eal in t~ Coun~y and St.t~ afQre- ..id t~l. J.l- d.y of Novemb.r. 1986. ~~~ S',~1.'Io-- .' .,. ,.~. ". Not.rY P"ublio r.orAl'Y~ij",.fcSrtTIWnOlllllj.:..,..<", l1y oomrd..Son In,pire. ~ f.'I (Q;IfllM!O~ [~~. lI<.C lI.n.. ' .~\ioJi"i'};:.. .", tolC(~ fWiU ":tNAt us. M). .' 4'\'.OT~:A';. ..' ....~ARED, BY' ANDItI!:~ 'TOw' "HII...I~ ~. ~UN""€,"C1.. "l'tOYAL ~ALM TOW~~S Ill. SUITE at. 1600 SOUTH DIXI~ HIG~.t-~.OCA. RATON. r~OR- IDA 33432. .....1"...,:. ' ',' l~ " \'~:~:~~I.~.'..., ~ .' 1 01 2 ", . P. 2 ,-,1 .,.t ,.1' DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-488 FROM: Jim Cherof City Attorney Tambri J. Heyden, AICP7j tJ. Planning and Zoning Director TO: DATE: September 29,1997 SUBJECT: Woolbright Place PUD - Review of Amendment Procedure Let this memorandum serve to document our recent meeting to discuss the proposal by Ms. Ellen Smith of Unruh - Smith & Associates, Inc., to separate the church parcel from the Woolbright Place PUD and establish it as a separate planned district. You will recall that Ms Smith is considering a plan to consist of a nursing home, ALF, and an office building. Our understanding, at the conclusion of this meeting, was that you would research the settlement agreements to determine possible impact upon same, and then advise relative to the appropriate course of action including type of amendments or applications necessary, and process order (Le. If an amendment to the settlement is necessary, should this precede all other application steps or can certain applications be processed concurrently, such as master plan modification and site plan?). You also indicated that you would contact Ms. Smith to directly relay this information to her. Lastly, as they desire to meet the October 1st deadline for the submittal of an amendment to the Comprehensive Plan, they are eagerly awaiting any pertinent information and recommendation(s) from the City. Please also provide me with any information or recommendation you discuss with Ms. Smith so that we may prepare accordingly. T JH:mr J:\SHRDATA\Planning\SHARED\WP\CORRESP\CITYATTY\Review of Woolbright PI PUD amendment.doc Department of Engineering and Public Works Po. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 http./Iwww.copalm-beach.f1.us . Palm Beach County Board of County Commissioners Burt Aaronson, Chairman Maude Ford Lee, Vice Chair Karen T. Marcus Carol A. Roberts Warren H. Newell Mary McCarty Ken L. Foster COUAty Administrator Robert Weisman, PE. "An Equal Opportunity Affirmative Action Employer" @ printed on recycled paper :f~ C~ _rrh roJ ~ @ ~ ~ W ~ 1m lnJ DEe I 2 1997 W PLANNING AND ZONING DEPT. December 8, 1997 Ms. Tambri Heyden, Director Boynton Beach Planning and Zoning Department 100 E. Boynton Beach Boulevard P,O, Box 310 Boynton Beach, FL 33425-0310 RE: FIRST BAPTIST CHURCH OF BOYNTON BEACH AT VJOOLBRIGHT PLACE PCD/PUD Dear Ms, Heyden: The Palm Beach County Traffic Division has reviewed the two traffic studies for the project entitled Woolbright Place, pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach County Land Development Code. The first traffic study addresses the reduction in trips by removing the 14-acre church site from the PCD. It uses the trip generation information from the MTP Group trip generation analysis. It shows that the peD was approved for 16,114 daily trips and a reduction of 750 daily trips for the church site will result in 15,364 daily trips. There is nothing to review related to Traffic Performance Standards. The second traffic study addresses the traffic impacts of changing the uses on the 14-acre church site. The study shows that the proposed uses will generate 2,747 daily trips. This is an increase of 1,997 daily trips over the 750 trips assumed for the church site (derived in the Barton-Aschman study. The assumed build-out is 2000. The proposed uses and the trips associated with each are shown in the table below: Use Intensity Trips Nursing Home ACLF Medical Office Total 120 beds 129 beds 67,500 square feet 312 129 2.306 2,747 December 8, 1997 Ms. Tambri Heyden, Director FIRST BAPTIST CHURCH OF BOYNTON BEACH AT WOOLBRIGHT PLACE PCD/PUD Page Two The Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. If you have any questions regarding this determination, please contact me at 684-4030. In your transmittal letter, you also asked that I comment on the differences between the trip generation in the Barton-Aschman report and the trip generation in the MTP Group report, The main differences are as follows: - The Barton-Aschman report uses a special trip generation rate for the Home Depot where as the MTP Group report uses a retail trip generation rate. - The Barton-Aschman report uses a 25% pass-by rate for all retail where as the MTP Group report uses rates per Palm Beach County code. - The Barton-Aschman report groups all of the retail uses together and shows the trip generation for 215,750 square feet where as the MTP Group report breaks up all of the out-parcels and provides trip generation for each. This will increase the number of trips Sincerely, OFFICE OF THE COUNTY ENGINEER ofr.-- :;,v ~ Dan Weisberg, P. E. Senior Registered Civil Engineer File General - TPS - Mun Traffic Study Review g: \u se r\dwelsbe r\wp50\tps \boyn67b FIRST BA..../fIST CHURCH OF BOYNTOl -J' BEACH TRACT -F WOOLBRIGHT PLACE PLAT NO 1 LAND USE AMENDMENT AND REZONING APPLICATION JUSTIFICATION STATEMENT LOCATION: Approximately 1/4 mile North of the intersection of S.\V 8th Street and \\Toolbright Avenue, on the East side of S.\'\'. 8th Avenue, directly north of the Cracker Barrel restaurant. The 1-1-.18 acre vacant parcel, Tract "F' in the \V'oolbright Place Plat No.1, is currently a portion of the \"\'oolbright Place PUD, designated for use as a church site. CURRENT STATUS: The current Land Lse is Moderate Density 7.26 DUlAC, (MODR), with a zoning designation of PUD. As a part of\,\Toolbright Place PLn, the property was a part of a settlement agreement with the City of Boynton Beach. The approved traffic report has vested the site with 750 trips, and a twenty (20) foot drainage easement lies in the Northwest comer of the site, providing outtaIl from the Stormwater Management Tract ,vhich services the \\Toolbright Place pun. The m,vner of the parcel is the First Baptist Church of Boynton Beach. PROPOSAL: The purpose of this application is to remove the 14.18 acre tract from the approved PlU known as \,,\Toolbright Place PLn, and redesignate the land use from MODR to GC, General Commercial. Concurrently, a rezoning from PUD to Planned Commercial Development (FCD) is requested. Additionally, a Master Plan Application for the proposed PCD, as well as a revised master plan for the proposed modification boundary of\\Toolbright Place PUD will be filed. On November 21, 1986, the First Baptist Church of Boynton Beach closed on a 14.18 acre parcel of land knO\\ln as Tract "F" of Woolbright Place Plat No.1, purchasing it from Howard R Scharlin, as trustee of\Voolbright Place PUD, as seen in the attached \Varranty Deed (ORB 5083 PG. 1044). In the accompanying Declaration of Restrictive covenants, recorded in ORB 5591, PG. 830, Paragraph 2, Imposition ojRestrictions, various uses were prohibited, including the sale of alcoholic beverages, tobacco stores, bars, drive in restaurants, and automobile service stations. This declaration was in place to protect the First Baptist Church of Boynton Beach, who had plans to construct a new church building on the property. The uses described in the restrictive covenant were considered indispensable to the desired atmosphere and environment for the proposed church. After the closing on the property, the outlined restrictions were not adhered to, and a service station, were approved and built. These violations have rendered this site undesirable for development as a community church site, and the property mvner is seeking to market and sell the property in the most advantageous way. A commercial land use, with a Health Care Campus is seen as the best option to achieve this goal. FIRST BAl- fIST CHURCH OF BOYNTOI'~ BEACH TRACT-F WOOLBRIGHT PLACE PLAT NO 1 LAND USE AMENDMENT AND REZONING APPLICATION JUSTIFICATION STATEMENT page two The property's proposed land used designation, GC, and accompanying zoning designation ofPCD are suitable for the particular parcel for a number of reasons. The property has 1260 feet of frontage on S.\V, 8th Street, and is just north of the Woolbright Place PCD. The site is strategically located near major east-west and north-south arterials. The intersection of S.\V. 8th Street and Woolbright Road is approximately 700 feet south of the site. The Interstate 95/Woolbright Place interchange is approximately 100 feet East of the s.\,\r. 8lh Street / Woolbright Road intersection. A Master Plan application will be filed '\V;th the City of Boynton Beach which outlines a Planned Commercial Development, \vith a mix of an Assisted Care Living Facility, Nursing Home Facility, and i\ledical Offices. Directly across the E-3 Canal to the west of the site is a residential retirement community known as Liesureville. This site "vill service the needs of the community, and provide excellent access for emergency vehicles to 1-95. From a land use perspective, this modification will provide an excellent transitional buffer from the residential development to the west (Liesureville), the residential PUD to the northeast (Trammel Crow), and the Woolbright Place PCD to the south, which included Cracker Barrel, a gas station, and Home Depot. Liesureville has a view today of the back door of the Cracker Barrel restaurant, which includes the dumpsters, and open kitchen area. The existing one hundred fifty (150) foot E-3 canal is an existing buffer bet\veen Liesureville and the proposed PCD. Additional site design elements will be incorporated into the site plan to further minimize any possible impacts, such as visual, landscape, and sound buffering, creating an intermediate use which develops the property in a compatible, unified design. FIRST BArTIST CHURCH OF BOYNT01~ BEACH TRACT-F WOOLBRIGHT PLACE PLAT NO 1 LAND USE AMENDMENT AND REZONING APPLICATION ILLUSTRATION OF THE WATER DEMAND AND SEWAGE FLOW FOR DEVELOPJ\1ENT UNDER THE PROPOSED ZONING IN CONTRAST \VITH DEJ\1AND UNDER THE CURRENT ZONING. WATER DEJ\1AND AND SEWAGE FLO\V IS ESTIMATED USING THE STANDARDS ADOPTED BY THE PALM BEACH COUNTY HEALTH DEPART.MENT. CURRENT PROJECTED CHANGE + WATER DEMAND 30,962 GAL/DAY 24,707.3 GAL/DAY - 6260.7 GAL/DA Y SEWER DEMAND 23,016 GAL/DAY 24,707.3 GAL/DAY + 1691.3 GAL/DAY METHODOLOGY: EXISTING: L\NTI USE DESIGNATION: MODERATE DENSITY 7.26 DU / AC (MODR) DR~SITY PER SETILThffi'\JT AGRERVffi.'\JT = 8.08 DU / AC AVERAGE POPULATION PER UNIT: 2.39 PERSONS/UNIT :M.AXL.vfUM UNITS ON 14.18 AC SITE PER SETILE.c"1E~T AGREE..\.fENT: 115 UNITS. POPUL\TIO~ CALCULATION (14.18 ACRES X 8.08 DU/AC X 2.39): 274 PERSONS POTABLE WATERDE..\i.i\..'ID (274 X 113 GAL/CAP/D_\Y): 30,962 GAL/CAP/DAY SANITARY SEWER DEMfu'\ID (274 X 84/GAL/CAP /DAY): 23,016 GAL/CAP/DAY PROPOSED: LA..i."'JD USE DESIG~ATION: .NLi\..XI1vfUM TOTAL FLOOR i\REA: 1-Li\..Th'\fU~f SQUARE FOOTAGE (14.18 AC X 43560 S,F. X 40%) POTABLE WATER DEMAND (247,073 S.F. X 1/10 GAL/S.F): SA..1'\'ITARY SE~'ER DE~1At""""D (247,073 S.F. X 1/10 GA.L/S.F): GENERAL COMMERCIAL(GC) 40% 247,073 S. F. 24,707.3 GAL/CAP/DAY 24,707.3 GAL/CAP/DAY CALCUL\TIONS BASED ON ClL-\.PTER 10.0.6 FLO\,,\r RATES FIRST BAr' fIST CHURCH OF BOYNT01... BEACH TRACT -F WOOLBRIGHT PLACE PLAT NO 1 LAND USE AMENDMENT AND REZONING APPLICATION A COMPARISON OF CURRENT AND PROPOSED IMPACTS CREATED BY DEVELOPMENT 1. POTEL"'\JTL\L SQUARE FOOTAGE, TYPE OF D~if:LLING UNITS A.~D PROPOSED POTEi'JTL-\L SQUARE FOOTAGE, TI'"PE OF DEVELOP~ffi.~T DE~SITI (D\'(/ELLIK G U~ITSI ACRE) CURRENT lA."\D 7.26 USE (MODR) M.A......'C. FLOOR .AREA R...-\ 11 0 (FAR) KIA USES ALLO\'\/ED PROPOSED L\.l'\JD N/A L'SE (GQ -+O~/O . Single-Family dwellings . Two-Family dwellings or duplexes . Multiple-Family dwellings, townhouses, garden apartments and cluster housing; . Private, nonprofit clubs, community centers, ClVlC and social organization facilities; . Private parks, tennis courts, playgrounds, putting greens, golf courses, driving ranges and other recreation facilities; . Public utility buildings, structures, and facilities necessary to service the surrounding neighborhood; . Houses of worship, schools, nursing homes, nursery schools, kindergartens and hospitals; . "Neighborhood" commercial uses which are determined at the time of zoning to PUD, to be compatible with the existing and future development of adjacent and nearby lands outside the PUD; . Other uses of a nature similar to those listed, after determination and recommendation by the planning and development board, a determination by the govemmg body at the time of zoning that the use or uses are appropmte to the PUD development; . Permitted uses for a P-CD District shall be specified in the application for zonmg of land to PVD classification; (please see attached exhibit "A") FIRST BAr fIST CHURCH OF BOYNT01~ BEACH TRACT -F WOOLBRIGHT PLACE PLAT NO 1 LAND USE AMENDMENT AND REZONING APPLICATION 2. USES ALLO\VED IN PROPOSED ZON~G: Please see attached Exhibit "A" USES &'XCLUDED LN PROPOSED ZONING: Please see attached Exhibit "A" 3. TL.\ITNG A"-l\JD PHASING OF DE\lELOPME.:."JT The project will reach buildout in the year 2000. 4. &\1PLOYEE PROJECTIONS EXLfTII\TG CALCfJL4TION (14.18 ACRES X 8.08 DU/AC X 2.39): 274 PERSONS PROPOSED B\IPLOYEE PROJECTIONS (2 EMPLOYEES PER BEDS-120 + 1 Eiv1P PER 1000 S.F. = ABOUT 300 EMPLOYEES 5. 'TRAFFIC CO:MP.A.RISO~ The nature of Traffic generation rates makes it difficult to compare traffic generation in a general way, as each use has a different trip rate associated with it. It is accurate to say that commercial traffic generation rates are higher than residential rates. The attached Traffic Report was conducted based on the planned development as a Health Care Campus. A residential development has a general traffic generation rate of 10 trips per day per unit. The current site is vested Vlith 750 trips under the current approval. The proposed trip generation rate is 2747. With the current vesting, the new trips associated with this project with be 1997 trips, as seen below Approval Woolbright Place peD, Church Parcel First Baptist Church PCD New Trips (Net Change) Traffic Generation (Trips per Day) 750 2,747 1,997 6. WATER DE1\1...\1"iD CURRENT PROJECTED CHANGE + WATER DEMAND 30,962 GAL/DAY 24,707.3 GAL/DAY - 6260.7 GALIDA Y 7. SEWER DE1.\L\.XD CURRENT PROJECTED CHANGE + SEWER DEMAND 23,016 Gi\L/DAY 24,707.3 GAL/DAY + 1691.3 GALIDAY FIRST BMTIST CHURCH OF BOYNT01~ BEACH TRACT -F WOOLBRIGHT PLACE PLAT NO 1 LAND USE AMENDMENT AND REZONING APPLICATION 8. POPULi\TION PROJECTION UNDER CURREi'\JT ZONING/LA..'\JD USE .AXD W11H PROPOSED C~~GE: EXISTING CALCULATION (14.18 ACRES X 8.08 DUlAC X 2.39): PROPOSED POP[]L4TION PROJECTIONS (300 &vfPLO'lEES + RESIDENTS) CH...i\N G E 274 PERSONS 420 PERSONS + 146 PERSONS (+52%) 11. SPECIFIC REQUIREME.l\iTS FOR PL"\NNED ZONING DISTRICTS SPECIFIC REGULi\ TIONS: The proposed project meets or exceeds the specific design criteria for planned commercial developments as follows: Desi Criteria l'vIinimum land area of 3 contiguous acres Off-street loading shall have one bay for each twenty-five thousand (25,000) square feet of gross floor area or fraction thereof, screened from view. Lot Coverage not to exceed forty (40) percent. Open Lot Areas shall have adequate grading and drainage, continuously maintained in a dust-free condition, subject to the approval of the community appearance board. Setbacks shall be as follows: Front yard: 40 feet Side yard: 30 feet Rear yard: 40 feet Peripheral greenbelt with a minimum width of ten (10) feet, except when abutting residential districts, when it shall be twenty five 25 feet. Pro osed Develo ment 14.18 contiguous acres At the time of the master plan and site plan application, this regulation will be met. The proposed PCD will not exceed forty (40) percent. At the time of the master plan and site plan application, this regulation will be met. At the time of the master plan and site plan application, this regulation will be met. At the time of the master plan and site plan application, this regulation will be met. EXHIBIT "An be constructed in excess of forty-five (45) feet in height, but not to exceed 100 feet, provided such use is evaluated and approved as a conditional use. Mechanical equipment which exclusively serves the structure shall not be included in the calculations of height. F. PLANNED COMMERCIAL DEVELOPMENT DISTRICT. 1. Intent and purpose. A planned commercial district (PCD) is established. The purpose of this district is to provide a zoning classification for commercial developments that will better satisfy current demands for commercially zoned lands by encouraging development which will reflect changes in the concepts and the technology of land development and relate the development of land to the specific site, to conserve narural amenities and to allow for the mitigation of negative impacts which result from land development. Regulations for the PCD are intended to accomplish a more desirable environment for commercial development in relation to existing and/or furure city development, permit economies in providing public services, and to promote the public health, safety, convenience, welfare and good government of the City of Boymon Beach. 2. Definition. A "planned commercial development" : a. Is land under unified control, planned and developed as a whole in a single development operation or a progranuned series of development operations for commercial buildings and related uses and facilities; b. Provides for a commercial district of efficient and harmonious design so arranged as to create an attractive project readily integrated with and having no adverse effect on adjoining or surrounding areas and developments; c. Is developed according to comprehensive and detailed plans for streets, utilities, lots, building sites, etc., and site plans, floor plans and elevations for all buildings intended to be located, constructed, used and related to one another, 1997 S-5 Zoning 33 and detailed plans for other uses and improvements on the land related to the buildings; and d. Includes a program for full provision, maintenance, and operation of such areas, improvements, facilities and services for common use by the occupants of the planned commercial development. 3. Unified control. All lands included in a planned commercial development shall be under the control of the applicant or his assigns (an individual, partnership, or corporation or group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PCD. The applicant shall agree to: a. Proceed with the proposed development according to the provisions of these zoning regulations and conditions attached to the zoning of the land to PCD; b. Provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PCD and for continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and c. Bind their successors in title to any conunitrnents made under subsections 3a and b above. All agreements and evidence of unified control shall be examined by the city attorney and no zoning of land to the PCD classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. 4. Standards for planned commercial developments. In formulating recommendations and reaching decisions as to the zoning of land to the planned commercial development zoning classification, the planning and development board and City Commission shall apply the following locational, utility and environmental standards consistent with the comprehensive plan in addition to ..~~..-:,:-. . Associates, Incorporated "FIRST BAPTIST CHURCH OF BOYNTON" TRACT uF" - SHOP PES OF WOOLBRIGHT P. CD. PREPARED FOR: UNRUH, SMITH & ASSOCIATES, INC September 30, 1996 General: The subject parcel comprises approximately 14.3 acres of undeveloped property on the west side of Southwest 8th Street, approximately 700 feet north of Woolbright Road, in Boynton Beach. The Site is situated in Section 29, Township 45, Range 43 - Palm Beach County, Drainage Criteria: Runoff from the property will be collected by a series of on-site inlets and directed via culverts into a proposed dry detention area, lake, or on-site exfiltration trenches for water quality purposes. Ultimately, the permitted overflow will be controlled by a weir and will discharge into the Lake Worth Drainage District E-4 Canal, which is contiguous with the western property line of the subject site. The Site is located within the South Florida Water Management District (SFWMD) C-15 drainage basin. As such, there is a discharge limitation of 70.0 csm (70.0 cubic feet per second per square mile) for a 25- year return frequency design event. This translates into an allowable discharge capacity of 1.56 cfs for the project during a 25-year storm event. In order to comply with the criteria, runoffwill be limited to a peak rate of not more than 1.56 cfs for the project during a 25-year return frequency, 3-day duration storm event. The greater of the first inch of runoff over the entire Site, or 2.5 inches of runoff over the impervious area is required to be detained within the on-site treatment area. The roads within the Site will be protected from a 3-year design storm event, and the building pads will be protected from a 100-year storm event in accordance with criteria established by Palm Beach County and South Florida Water Management District. Required Permits: Drainage requirements for this project will be governed by the South Florida Water Management District, the Palm Beach County Engineering Department, and the Lake Worth Drainage District. i ;a ??'f/?6 C:'OFFlCE\WPWIN\WPDOCS'DRN-STAT .662 3767 Lake Worth Road, Suite 110 · Lake Worth, Florida 33461 Fax (561) 968-6847 Statevvide (800) 965-9801 Phone (561) 965-9800 SIM,.:JNS & WHITE, INC~ Engineers. Planners · Consultants September 29, 1997 Job No. 96-87A TRAFFIC IMPACT STATEMENT Woolbright Place PCD/PUD Commercial Acreage Deletion Boynton Beach, Florida SITE DATA Woolbright Place PCD/PUD is an existing planned unit development generally located in the northwest quadrant of the intersection of Woolbright Road and Interstate 95 (1-95). The purpose of this Petition is to delete the approved church area from the PCD/PUD. The driveway connections to S.W. 8th Street remain unchanged. For additional information concerning site location and layout, please refer to the Master Plan for the PUD prepared by Kilday & Associates. TRAFFIC GENERATION The deletion of the 14.27 acre church parcel from the overall PCD/PUD will result in a net reduction in total traffic from the PCD/PUD. The decrease in traffic resulting from the deletion of the church parcel from the PCD/PUD may be shown as calculated from Dan Weisberg's letter for the proposed approval (see attached). As Mr. Weisberg's letter indicates, the current approval generates 16,114 tpd. When the church parcel is deleted, the total trips per day associated with the overall PCD/PUD will be reduced by 750 tpd as follows: 16,114 tpd 750 tpd = CONCLUSION 15,364 tpd The deletion of the subject church parcel from the overall PCD/PUD results in a net decrease in traffic. Site related improvements for the church parcel have not been addressed with this analysis for the deletion of acreage from the PCD/PUD. They will be addressed with the Traffic Impact Statement for the revised scheme of development associated with the church par 1. The overall PCD/PUD remains vested for 15,364 tpd with rot fic Performance Standards. jp tr9687a I " 4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415 Telephone (561) 965-9144. Fax (561) 965-0926 SIM~*~NS & WHITE, INt.. Engineers · Planners · Consultants September 29, 1997 Job No. 96-87A TRAFFIC IMPACT STATEMENT Woolbright Place Boynton Beach, Florida SITE DATA The subject parcel is located on the west side of S.W. 8th Street approximately 1000 feet north of Woolbright Road and contains approximately 14.27 acres. The site is currently vested for a church via Woolbright Place PCD/PUD (see the attached letter from Mr. Dan Weisberg of the Palm Beach County Engineering Traffic Division). This piece is currently being deleted from the overall PCD/PUD. The revised scheme of development consists of a 120 bed nursing home, 60 bed CLF, and 67,500 S.F. of medical office. Site access is proposed via a full-access driveway connection to S.W. 8th Street aligning with an existing median opening with an exclusive left turn lane south approach. For additional information concerning site location and layout, please refer to the proposed site plan. PURPOSE OF STUDY This study will analyze the proposed development's impact on the surrounding thoroughfares wi thin the proj ect' s radius of development influence in accordance with the Palm Beach County Land Development Code Article 15, Traffic Performance Standards. The Traffic Performance Standards require that a proposed development meet two "tests" with regard to traffic. Test 1, or the Link/Buildout Test, requires that no site specific development order be issued which would, during the build-out period of the project, add project traffic at any point on any major thoroughfare link within the project's radius of development influence if the total traffic on that link would result in an average annual daily traffic or peak hour traffic volume that exceeds the adopted threshold level of service during the build-out period of the project. Test 2, or the Model Test, requires that no site specific development order be issued which would add project traffic to any link within the project's model radius of development influence if the total model traffic on that link would result in an average annual daily traffic volume, as determined by the model, that exceeds the adopted level of service. For the purposes of this analysis, the construction contemplated in the Modified 2010 Plan shall be used. This study will verify that the proposed development's traffic impact will meet the above Performance Standards. 4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415 Telephone (561) 965-9144. Fax (561) 965-0926 Traffic Impact Statement Job No. 96-87A September 29, 1997 - Page Two TRAFFIC GENERATION (CONTINUED) The traffic to be generated by the proposed facility may be calculated in accordance with local traffic generation rates accepted by the Palm Beach County Engineering Traffic Division: NURSING HOME (120 BEDS) 120 beds x 2.6 tod bed = 312 tpd CONGREGATE LIVING FACILITY 60 beds x 2.145 tod bed = 129 tpd MEDICAL OFFICE (67,500 S.F.) 67,500 S.F. x 34.17 tod 1000 S.F. = TOTAL: 2306 tpd 2747 tpd As stated in the SITE DATA portion of this report, the site is currently vested for a church. Attached is Mr. Dan Weisberg's letter which generates traffic for the overall PCD/PUD. It can be shown that the church is vested for 750 tpd. Reducing the 2747 net trips per day by the 750 tpd vested to the site, the proposed use generates a total increase in trips as follows: 2747 tpd 750 tpd = 1997 tpd RADIUS OF DEVELOPMENT INFLUENCE Based on Table 2A and 2B of Palm Beach County Traffic Performance Standards, for a net trip generation of 1997 trips the radius of development influence shall be two miles for Test 1 and one mile for Test 2. Traffic Impact Statement Job No. 96-87A September 29, 1997 - Page Three EXISTING TRAFFIC Existing average annual daily traffic volumes for the links within the radius of development influence were available from the Metropolitan Planning Organization of Palm Beach County 1996/1997 Annual Traffic Volume Map. Background traffic, consisting of historical growth allowances furnished by Palm Beach County, major project traffic, and anticipated development in the area was also considered. The following table calculates the 3 year historical growth rate for each of the applicable count stations within the project's radius of development influence: TABLE 1 HISTORICAL GROWTH RATE CALCULATION LINK 1993/1994 1996/1997 ! A. WOOLBRIGHT ROAD: 1. East of 1-95 31,018 31,754 0.78% 2 . West of 1-95 27,616 30,501 3.37% B. BOYNTON BEACH BLVD. : 1. West of 1-95 39,826 40,686 0.71% 2 . East of 1-95 29,665 30,248 0.65% C. OLD BOYNTON ROAD: 1. North of Boy.Bch. Blvd. 8675 10,801 7.58% The project is expected to be built-out in 2000 and background traffic was projected to that time. Please refer to Figure 1. TRAFFIC ASSIGNMENT/DISTRIBUTION Based upon the existing and proposed geometry of the roadway network, a review of the existing and historical travel patterns, as well as a review of the proposed development and improvements in the area, the following generalized traffic distribution was assumed for trips generated by the proposed development: North East South West 25% 15% 25% 35% The distributed traffic for the project at full build-out of the development was assigned to the links within the project's radius of development influence and can be seen in Figure 1. Traffic Impact Statement Job No. 96-87A September 29, 1997 - Page Four TRAFFIC ASSIGNMENT/DISTRIBUTION (CONTINUED) Based on the projected total daily traffic volumes and threshold volumes for the links within the project's radius of development influence as shown in Figure 1, this project meets the applicable Average Daily Traffic Volume Link Performance Standards listed under "Test One" of the Palm Beach County Traffic Performance Standards on all links within the project's radius of development influence except Woolbright Road both east and west of I-95, and Boynton Beach Blvd. east of I-95. PEAK HOUR TRAFFIC VOLUMES The net external P.M. peak hour traffic volumes to be generated by the proposed development may be calculated as follows in accordance wi th the rates provided in the ITE Trip Generation Manual, 5th Edition: USE NET EXTERNAL DAILY TRIPS A.M. P.H.F. A.M. PEAK HOUR TRIPS TOTAL: 20 10 275 ( 58) 247 Nursing Home CLF Medical Office Less Vested Church 312 129 2306 750 6.54% 7.91% 11.94% 7.73% The existing average peak hour traffic has been determined by factoring the 1996/1997 average annual daily traffic by a "K" factor of 9.3% and can be seen in Figure 2. The project's net external P.M. peak hour traffic volumes, the peak hour background traffic, and the total peak hour traffic volumes are also shown in Figure 2. Based on the Level of Service "D" Average Peak Hour Threshold Volumes shown in Table lA of the Palm Beach County Traffic Performance Standards and the total peak hour volumes shown in Figure 2, this proj ect meets the applicable Peak Hour Traffic Volume Link Performance Standards listed under "Test One" of the Palm Beach County Traffic Performance Standards on all links within the projects radius of development influence except Woolbright Road both east and west of I-95, and Boynton Beach Blvd. east of I-95. Traffic Impact Statement Job No. 96-87A September 29, 1997 - Page Five SITE RELATED IMPROVEMENTS The A.M. and P.M. peak hour turning movement volumes and directional distributions at the project's entrance for the proposed development with no reduction for previous approval vesting may be calculated as follows: USE TOTAL TRIPS P.H.F. PEAK DIRECTIONAL DIRECTIONAL HOUR DISTRIBUTION DISTRIBUTION TRIPS (% IN / OUT) (TRIPS IN/OUT) NURSING HOME (120 BEDS) A.M. P.M. 312 312 7.31% 6.54% 23 20 63% / 37% 42% / 58% 14 / 9 8 / 12 CLF (60 BEDS) A.M. P.M. 129 129 2.79% 7.91% 4 10 61% / 39% 56% / 44% 2/2 6/4 MEDICAL OFFICE (67.500 S.F.) A.M. P.M. 2306 2306 7.87% 11.94% 181 275 77% / 23% 30% / 70% 139 / 42 83 /192 155 / 53 97 /208 TOTAL: Existing improvements are as follows: A. Exclusive left turn west approach at the intersection of Woolbright Road and S.W. 8th Street B. Exclusive left turn north approach at the intersection of Woolbright Road and S.W. 8th Street C. Exclusive left turn east approach at the intersection of Boynton Beach Blvd. and S.W. 8th Street D. Exclusive left turn south approach at the intersection of Boynton Beach Blvd. and S.W. 8th Street Based on the turning movement worksheet attached with this report and the Palm Beach County Engineering guideline used in determining the need for turn lanes of 75 right turns or 30 left turns in the peak hour, no additional turn lanes appear warranted. An exclusive left turn lane on S.W. 8th Street, south approach, at the project entrance is currently existing. Separate right and left turn lanes exiting the project appear warranted. Traffic Impact Statement Job No. 96-87A September 29, 1997 - Page Six ALTERNATE TEST ONE Both Woolbright Road east and west of 1-95 and Boynton Beach Blvd. east of 1-95 fail on a daily basis. An Alternate Test One Analysis must therefore be performed on these links. The ini t ial step in determining a proj ect 's conformance with Alternate Test One is the link peak-season, peak-hour, peak- direction volume comparison with the published Florida Department of Transportation Generalized Peak Hour Level of Service Maximum Volumes. As the link analysis attached with this report reveals, none of the links referenced above will exceed the peak-season, peak-hour, peak direction standard at build-out in 2000. The second and final step with regard to Alternate Test One concerns the sum of the critical movements at the subject signalized intersections during the peak-season, A.M. and P.M. peak-hour periods including project traffic at project build-out. The intersections at each link's terminus have been analyzed using the adjusted turning movement volumes attached with this report in accordance with the methodology set forth in the Transportation Research Board Special Report 209, Planning Analysis. As the results show, the sum of the critical movements during the peak- season peak-hours at proj ect build-out for the subj ect intersections are less than the adopted Level of Service volume for intersections of 1400 vph for all of the subject intersections. The overall project therefore meets the required Traffic Performance Standards. The following summary of intersection critical volumes applies: INTERSECTION A.M. P.M. l. Woolbright Rd. & 1-95 1055 1284 2 . Woolbright Rd. & Congress 1103 1028 3. Woolbright Rd. & Seacrest 1379 1278 4. Boy.Bch.Blvd. & 1-95 1002 1366 5. Boy.Bch.Blvd. & Seacrest 902 1206 MODEL TEST Modified Table 5, Projected Network Deficiencies for the future network, does not presently indicate that the applicable links within the project's radius of development influence will be over capacity. Therefore, this project meets the Model Test. Traffic Impact Statement Job No. 96-87A September 29, 1997 - Page Seven CONCLUSION This proposed development is expected to generate a total of 1997 net external trips per day at project build-out in 2000. Based on an analysis of existing and project traffic characteristics and distribution, as well as the existing and future roadway network geometry and traffic volumes, this overall proj ect meets the Link/Buildout Test and the Model Test as required by the Palm Beach County Traffic Performance Standards. F. Rennebaum, P.E. jp trwool Engineers. Planners · consultants r:-J \ \ "'- nJ "..-... /0, t80/ ~ /4/ ?tD /00 $) I, - - ~~-..... 4<J, ts,t3(P (20) /4-,048 ; 1$' \~ ~ ,1 <::) /020 /4,3CJO ~\~ 4-tJO ,...." ~ l\) \) 4-2, IO~ \~ ;- . --:--. ~ ~ ~~ 4- 7- 5.00 ~) '0 \J " "'< V 8LVD, (lX>) 4~~ 3.q Z 1-6 (IOO ) /tJZO \ ~A;J Ave;. . 300 (;,. g-l- Q\ i (40) ~ ~ 4Z,OO&- ' 'J Z ()() ~; ~ \5. 3/, //-Z \" ~;\) ~ ----- -". '\. " 47', ~o::> ;~ \\J ~ : 3/,/00 ;'-.:- \~ t\\ "-..:- i ~OOL8/2/GHr ZO. 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It! HH to to to to 0 c:::><~ 00 zz ~ HHO ~ 3: 1-31-3 ~oo~ ~ 0000 00 01-31-3 ~~ ~ 1-3 ~ ~ 1-3 ~ ~ 1-3~ ~ 1-3 ~ Z OH::r: 00 It! 0000 1-3 ::r: 1-3 1-3 ::r: 1-3 1-3 ::r:1-3 1-3 ::r: 1-3 1-3 C::Z 0000 0000 00 I-3Q ~ ~~ n() OO~ 1-31-3 to<:r<: 1-3 0 HH 0000 00 Z It! 00 ~ ~~ 00 ZZ 3: ~~ I'Ij ~ 0 ~ H 1-3 to ~ n 0 c:: I-' I-' I-' tr:l 1-3 0 ~ ~ I-' 0 \DOJ....,JCTllJ1,j::.LV~1-' ~ 1-3 0 ~ It! H tr:l Z ~ Q ~ I 3: 00 0 00 ~~ .. .. .. .. .. ~ 1-3 00 03: ~ 0 000 tr:l Z~Z ~ I'Ij :>< I-' to 1-3 \D ~ ~ \D ,j::. LV 0 I'Ij H \D 1-3~ ....,J ....,J OJ lJ1 CTI LV ~ H 00 \D ~8 00 0 ,j::. LV 000 CTI ~ 0 CTI 0 LV 00 n 1-3 CTI ~ 1'Ij::r: I'IjI-3 ~ H 00 ~ n R" :;0 00 H to<: ~~It! \D ~ I-' ~ n H \D ~ ~ \D ,j::. LV 00000 lJ1 0 \D 0 \D ....,J ....,J OJ U1 CTI LV t"'0~ ~ 0 \D 0 Z U1 0 ,j::. LV 000 CTI ~ 0 CTI 0 LV ooZ~ 0 CTI OJ 0 0 H ~ 1-3 00 ~ H 00 0 0 1-3 ........ Z I-' I-' n<:~ I-' 00 ~ ~ ....,J 001t! \D ,j::. LV \D ~~It! \D ....,J 0 OJ \D OO~ CTI I-' I-' <: ~ ~ LV LV OJ 0 It! 0 lJ1 ,j::. CTI t"' It! 0 ,j::. 0 ,j::. OJ 00 ~ 0 It! ~ 0 ~ C.j tr:l C.j n 0 000000000000 1-3 ~ 1-3 It! ~ ::0 0 "Ij C.j "Ij tr:l ~ LV I-' I-' H n 0 I-' I-' 0000 0 000 lJ1 n 1-3 1-3 ~ to :t:' ~ I-' I-' <: "Ij 6 0 ~ LV 0 lJ1 LV 0 "Ij 0 lJ1 \D I-' LV 0 CTI ~ H ~ 0 0 OJ CTI 000 I-' ,j::. 0 CTI 0 ~ 00 n 0 0 1-3 I-' I-' <: 0 ~ 0 LV LV 0 lJ1 LV 0 ~ 0 ....,J ~ I-' ,j::. 0 ....,J t"' 0 0 \D ....,J 000 I-' ,j::. 0 CTI 0 ....,J 00 ~ 0 Department of Engineering and Public Works PO. Box 21229 West Palm Beach. FL 33416-1229 (561) 684-4000 http://www.co.palm.beach.fI.us . Palm Beach County Board of County Commissioners Burt Aaronson. Chairman Maude Ford Lee. Vice Chair Karen T Marcus Carol A Roberts Warren H Newell Mary McCarty Ken L. Foster County Administrator Robert WeIsman. PE, "An Equal Opportunity Affirmanv~ Acnon Employer' 0, '2:2; pnnted on recycled paper ,-, f5 r:ll .; "r ~ :.0 : :) r :! :] )! i l~:,J i I rn mil "Ill j /1 Ji :"J 1 ; ~....... : ~ ~ w fLANNlriG ANi) ZONING DEPT. i , ...A March 7 I 1997 Ms. Tambri Heyden, Director Boynton Beach Planning and Zoning Department 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Fl 33425-0310 RE~ yvOOLBRIGHT PLACE PCD/PUD Dear Ms. Heyden: The Palm Beach County Traffic Division has reviewed the trip generation comparison for the project entitled Woolbright Place PUD/PCD, pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach County land Development Code. The analysis is intended to address a change at one out parcel from 4,000 square feet of retail to 3,710 square feet of high turnover restaurant. The analysis compares the total traffic for the land uses in the original approval to the total traffic for the proposed land uses. It shows a decrease in net trips from 16,117 to 16,114. The land uses and the trips associated with them are show in the attached table. The Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. If you have any questions regarding this determination, please contact me at 684-4030. Sincerely, OFFICE OF THE COUNTY ENGINEER .,,<iv.- ft~ Dan Weisberg, P.E. Senior Registered Civil Engineer attachment File: New - TPS - Traffic Study Review g :\user\dweisber\wp50\tps\boyn67 ~ :::O:::O:::OOG):::O:::O:::OOCl CDCDCDOQ)CDCDCD:T:: 6i6i~:J en 6i~~C:(Q a: ==Q)<en=Q)Q)o(D'..!,., C:~:;r C:C::T..!,.,Q) iil -. ... iil iil Q) 3 :J~g :J:J 3= ... o:J - - ='< 'CD I '< ~en ;;r~ cg. 8" ~ cg. -l <D " -l c: Oc: ... 0 ... g a. g < < CD CD ... ... -"-"-"-"en-"-"-"I>> a. a. oooo!iioooQ~~ oooOO~OOOCD 0000 oooen en en en en :J en C/I en ;...;...;...;... ;...;-..;.. -" o W O)W -,,!'J~~ ~:....~ 01 011\)(00 .I:Ioo--.A--.A-"com --.A01.....,.I:Ioo-"C1IC11-".I:IooC1l.l:loo 0'0' 0' :J ..., -. .., m 331\)--.A 30)1\) c:c:o~ c:WO i>> i>> ?J ."'< --.A i>> !" ~ W(O.I:Ioo -"w -" m<oco 1\)0) O--.A ~ _--.A !'J !'J -" I\) 5N W-"OC1l--.AWO--.A--.Aoo(O mO).I:Ioo-"~-"oO)C1IC11.1:1oo (OO)"""I\)COO--.AI\)OOCO .I:Ioo.l:loo-".I:Ioo01.1:1ooW-" -"1\)010100.I:loo001 eni:06o6eooo ?fl.?fl.?fl.?fl.?fl.?fl.?fl.?fl. 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CD "0 - C/I o :::0 G5 Z )> r- )> ~ ~ o :::0 ~ r- ~ o r- eD :::0 G5 ::c -l ~ s;: () m W - --.A - <0 --.A October 14, 1997 ill ~re~ow~fn) fEr , 6 1991 ~ City of Boynton Beach 100 East Boynton Beach Blvd PO Box 310 Boynton Beach, FL 33425-0310 RE: Trac~F, Woolbrigh~ Place Pla~ No.1, Proposed Land Use Amendmen~, Rezoning applica~ion, Mas~er plan Modification application PLANNING AND lONING OEPT Dear Sirs: Let it be known that the First Baptist Church of Boynton Beach, Inc., as property owner of the referenced parcel, which is the subject of a proposed Land Use Amendment, Rezoning application, and a Master Plan modification, has entered into an agreement with Unruh, smith & Associa~es, and asked Unruh, Smith & Associates to act as our agent in this process. Should you have any questions or concerns, please feel free to contact me at (561) 732-5151. s~e1I4i Rev. Dave Edwards Pastor First Baptist Church of Boynton Beach cc: Ellen Smith, AICP LEGAL DESCRIPTION: BEING ALL OF TRACTS "A" "B" "C" "E" AND "G" WOOLBRIGHT PLACE PLAT 1 AS , ", I RECORDED IN PLAT BOOK 67, PAGES 47 THROUGH 49, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA CONTAINING 66.967 ACRES, MORE OR LESS. NOTES: 1 ) THIS INSTRUMENT NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL ALONG WITH SURVEYOR'S SIGNATURE. 2) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT A REPRESENT BOUNDARY SURVEY. 3) BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 29 HAVING A BEARING OF SOUTH 01034'16" EAST BASED ON SAID WOOLBRIGHT PLACE PLAT 1. CERTFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION SKETCH SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA APPLICABLE TO LEGAL DESCRIPTIONS, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. W.L. FISH & COMPANY, I DESCRIPTION SKETCH FOR: W.L.FISH & COMP ANY! A PORTION OF WOOLBRIGHT PLACE PLAT 1 PROFESSIONAL SURVEYORS & MAPPERS PLAT BOOK 67, PAGE 47-49, CITY OF 105 S. NARCISSUS AVE.., SUITE 412 BOYNTON BEACH, PALM BEACH CO., FLA. WEST PALM BEACH. FLORIDA 33401 (561)833-5001 FAX: (561}659-6745 DRAWN: M.8.L. DATE: 12 22 97 SHEET [-mail: fishmanOsiservices.net CHECKED: W.L.F. JOB# 97-106 NO. 1 OF 2 ~ ~ ..- ..... > r ~ ..... :t:: ~ -' 'T.J 0) ....... ~ 0) ...... 0) ..... \C) ........ '"It -- ...... ~ - ~ - -- ~ 0) 0 - '" < fl '- ...... 0 ~ z z "'""' ,..., --. ~ ' '-' r ~ 'lJ R=352.92' D=25.09'OS" A=154.93' N.01.34'16"W. 110.00' S.SS.26'13"W. 50.00' N.01.34'16"W. 161.55' R=365.36' D=07.51 '57" A=50.16' S.01.33'09"E. 120.00' N.88.26'13"E. 50.00' S.01.33'09"E. 170.00' N.8S.26'13"E. 50.00' S.01.33'09"E. 120.00' ~ (0 b o LO I"') l' , :\\ \\\ , ' , \\\ N.88.26'13"E. 1150.75' \;'\v-TRACT "A" \\t'. \ \\:-' ~ \\\ = , \ \ I I I I I i WOOLBRIGHT PLACE : I t TRACT "E" I I I : i : I I I : ~~~T__:~ ~~:T~~'~_ ~~~: S.88.26 13 W. 1271.36 ...... LAKE BOYNTON ESTATES PL4. T 1. -:.:t fl o z TRACT " " o -..> ~ --. - ....... --. N.01.30'32"E. 23.79' I 358.72' S.~8.26'51".W. .J 3: - . ~~ i-t). \~",~ ~ \ (0 \ P \ ......'"It R='550.76' ~ D=~.35'32" z A=2~2.56' N.54.44'29\W. 6.37' \ ,..; R=1546.26\ ~ 0=01.12'28" \ ~ A=32.59' \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ SHOPPES OF WOOLBRIGHT ,-... ;...., < ...... ...... in ,....... -: LO ...... - ...... -< 0 ...... a:> ('II ~ Z -- w --' (0 --. -:.:t CfJ. -< fl ,..... ...... ...... .~ 0 CJ) .-., - ...... i-i-o: -< .'-' '....,F f""r";. .... ~ !:::J rL P~(~~D~ N ~~ I 800 o 100 W.L.FISH & COMPANY!. PROFESSIONAL SURVEYORS &: MAPPERS 105 S, NARCISSUS AVE., SUITE 412 WEST PALM BEACH, FLORIDA 33401 (561)833-5001 FAX: (561)659-6745 E-mail: fishmanOsiservices.net 1 2 ~1 . '. , tWHJ3-t9M it:!&. 88-056565' ORB 5592. P, 830 DECLARATl:ON OF RESTRICTIVE COVENANTS ( ;) dY~ , KNOW ALL MEN BY THESE PRESENTS, t.hat the undersigned, Howa.rd R. Scharlin, as Trustee, being the ~e. OVller (.Owner.) of the property (.Property.) located in Boynton Beach, Palm Beach County, Florida, ~re particu1arly described in Exhibit A annexed, in consideration of the transfer of a portion of the Property to thE) Owner by the First Baptist Church of Boynton Beach, Florida, Inc. (.Church-), and for other good and valuable considerations, does hereby make this Declaration of RestrIctive Covenants (-Declaration-), which Declaration shall apply to and run with the Property. 1. Purpose of these restr leti ons: The Church intends t-:> construct a new church facility for its congregation on the parcel adjacent to the Property, as described in Exhibit B annexed (.Church Property.)., The Board of Deacons and Elders of the ChurCh, speaking for the congregation, believe that certain uses of adjacent property are incompa.tible with the proper functioning of a church and, in keeping with those feel ings, the Church, as part of the consideration for the conveyance referred to above, has requested that the Owner impose the restrictions on the Property set forth below in th1.s instrument (-Restrictions.). In keepinQ with. the purposes for which the restrictions set forth herein are imposed, in the event the Church uses the Church Property as a Baptist church but thereafter the ~hurch or its successors in interest terminate use of the Church Property AS a church, or in th.e event the Church does not OJlllllence co uction on .>-~urch Property of A Baptist church with~n flv~ _~_arf!c .2-._ . completion of construction of SW 8th Street frolll _ Ibright /' Road to the Church Property, ~hen 1::n either of t.hose events~- WTthout further ~ti9"!!""_Q_~__the J2.artles this DeclAration shZlll terminate and be' voId. 7 }___ ~e- . 2. be used Irnpo~ition of Restrictions: for any of the following: The Property shall not A. The sale of alcoholic beverages pursuant to a number 4 C. o. P. 1 icense I but Dot -to include liquor sales as part of a restaurant operation. B. Laundromats. C. Massage parlors. D. Adult book stores. E. Pet shops wi th outside kennels. F. Taxi offices. G. ~obacco stores. H. Bars. I. Cocktail lounges and package goods stores. J. Lumber yard. K. Motels. L. Private clubs. M. Lodges and fraternal N. ~blic utilities. ..Q..e.. BowlIng lanes. ~fe- - ~ Drive-in restaurants. - ' Q. Automobile service stations, but not including service stations for the sale of gas and 011 products on1y. R. Bus termina1s. S. l1arlnas. T. Yachtels or Doatels. U. Hotels or apartment hotels. V. Pool halls. w. Video game rooms or any operations wi th video game rooms. organizations. af' 2~fy-r ;!: ~( ) this instrument was prepared by Hc-.......rd R. ::;cr.artin 139!l S'ft 1 A'leflue ''''am.. FL ~130 1CA.1'CHE.... s.cHAALIN AHO :"AHZETTA. ATTOIltHC:yS AT LAW. UHHI:D ........TIONA... DANK aUIL.DINo.. ....IA....I. P"LO'lIIIDA .3.3130 iii!.:, OHS 5591. P, 831. ------. .....-...... .... - - ._- - ... , .~.j;~ :. 3. Limitation o~ application o~ Restr~ctlon.s The Restrictions are not int~nd.d to and shall. not prohibit the fol1owingl A. The sale of alcoholic beverages in connection with the operation of a restaurant. B. The use of publ.ic ut~lities in connection with the development and use o~ the Property. C. The aale of tobacco... vine and beer as part o~ any busineos ~hose principal activity ~s not the sale of those i tema . 4. Waiver and cancellations The Church, and the Church's successors in interest, hereby reserve the right at any time to waive or cancel any or all of the Restrictions. ACCordingly, notice is hereby given to all persons purchasing the Property or any port~on thereof in reliance on this Doclaration, that the Church and the Church' s successors in interest may waive or cancel any or all of the Restrictions, in their sole discretion and as they may deem appropriate, at any tilDe and for all time. Any party purchasing the Property, or any por~ion thereof, by virtue o~ recordation hereof waives the right to object in any manner to any such waivers or cancellations or the right to receive notice of any proposed waivers or cancellations, or to have to consent in any manner to any wa i va rs or cancellations. IN WITNESS WHEREOF, this Declaration on this the J.Cb undersigned Owner has signed day of Febru~~,~ R. Schar! n, Trustee In the presence of: ~~{":...~ ~.~~- f)rl 'J1.1~U(#'.J STATE OF FLORIDA COUNTY OF DADE 'f:::~~~i~S;;~;j:::>. .- · tf: .... :.' ~ 0" " ". { .' ........J!. ~ .-:MI I..=: - ~'; ....:.' '~~A-=S' foregoing instrument was llcknow1edged beftSte~ 1i"e: :(R;;",. :.~.~~r day of February, 1988, by Howard R. Sch~-'-l.n, ""tL!l. :.'':::~ ";j:l...'f./' . . '''; ......"". ......!.......:-: ~..-..~""'!.l. . ~ s: ". ., i.;" ...'....::;.'(..,':, ~. . . /... .~'4'...# : '=..". :; 'i' ;.:-{:. .. ;";'''"7-- b::XiV....v....rr. ~\~ '., ..."....".....!.:}' Notary, Pub 1C, Sta e of F1ori(3lH';d" My cOmLlission expires: . ~ulfr PI:51 Ie nil T( d1 HOllIOll R:" CntrHISS!CH [I". 0(, 11 1'" ~D THilU '[_EUi. III. *. 'I'he this 1.~ Trus tee" ~tTURN 'I,: &a.x:~ 6..Aet~N '02- CI..I""- ~ ~p S".r.. ,..., 66 c...4-~1 FI.o") 1/ .. ., -2- .. .' IC.A.TC.HE", s.cH~"~'''' AND L.A.HZETT..... .TTO"'H~"". A.T LAW, UN.TI:D NATIONAL. .....NI< aUILDINO, ....1........ "-LO..ID4 33~30 F'- ! A ORB 5592. P!I 832 &XHI.Z~ -A- DZaCJlZPl'IOII. A po~~~on o~ ..c~~on 2', ~own.h~p 45 aou~h~ ~n9. 43 Ka.~, ..1. ..ach Co..n")f,. rloK'~da .nd . poc~!on o~ -LA&S aoVNTON aSTATS., .LA~ 1-. .. _o.~d" in pl.. IlooJc '1 J . ..te J a ~ wloAJUI aoYllTOll "'1''\'1'.. PLAT 2., .. Z'.oo~d" ~n .1... aook 14, .... 17 ."d -XJ.Jta JtOY1t'J'ON .8'1'A.,.. PLAT J-,. .. ...oord.d ~ft .l.~ aook lJ,. .... .3, .11 ~n ~". hbl~G "Gord. o~ ..~ ".oh Coun~y, rlorLd&. aftd bei.ng -.or. p.r~1oul.r1y d..or~becl .. ~o11OV. . COMMaIICINC ... ~h. .ou~h....t cOll:'"er o~ ...1d ..ct.1on 2', Town.h.1p 45 .o~~h. aa"9a 43 .a.t:~ ~h.nc. N. or 3.' 16- N. a10n9 ~h. Ea.t 1.1ne OJ! ...1d ..o~ion 2_, . d.t..~ano. ot 730.'4 taat ~o the 80uth...t corner o~ Lot: 4, .1ook 47 ol! ...1d -LAJtJC aoYNTOII SaTATS8 PLAT 3- and the PO%N'1' or .SOINNING o~ th.1. d..cr1.pt1on, ~hano. a. ..- 25' 44- ...., alony tha .~ut.h line th.reo~,. .. dillto..nea ot 50. 00 ~e.t:, thance S. 01- 34 1.6- . &. alon9 ~he Za.t l1n. ot Lot: 2. .lock 47 and LQt 5. alock 48, . di.t:ano. ot 2.0. 00 ~eet ~o the South...t corner of .a1d Lot 5, th.nc. s. ... 25' 44- W., .10n9 the South l.1ne ot ..i4 Lot 5, a d1.t.nce of 50.00 ta.t' thane. S. 01' 3&" 16- E. Alon9 the E...t l1na o~ Lo~ 1, .1ock' 4. and Lot::. 6, Block. S3. . di..t.ne. ot 2S0. II feet::. to an .1nt.r.ect10n with t::.he North 11.n. ot that 70. 00 ~oot dra1na9. r.19ht-o~- WA)f .. .hown on The P10rld.. D.partment o~ Tr.n.port.t.1on.right-o~-way Map o~ %-'5 CWoolbr1.ght Avenue) Job No. .3220-2411., She.t No. 27, thence S. ". 50" 25- w. ..10n; .Aid North l.in... A di.tance ot 452.00 ~a.t::.1 thene. S. 77- 30' 21- W., continu1n, .10n9 ..id North 11n., 6 di.tanc. of 3.6.1.6 ~..c, thence a. 85- 45 32- W., a1.on9 .aid North 1in. A di.Cance o~ 511.11 ~e.t to ~h. &a.t.r.1y right-at-WAY 1ine o~ the Lake Worth Drain.ge Di.tr1ct Can.l &-4.. .. da.cribed 1n that Quit C1aL. Dead to Lak. Worth Dra1.nage Di.tr.1ct .nd recorde4 in O. R. Book 2146.. .Age 176 o~ tha Publ1.c Aecord. of Pa1_ a..ch Coun~y, thence N. D- 24' 11. E., .10n9 .a1d Ea.t r19ht-o~-w.y 11n., a di.tanc. ot 1'1.'2 faet, thance N. 20- 54' 51- ...., cont1.nuin9 .1ong .aid E..t r.19ht-of-way, e d.1.tanc. of 553.7' te.c, thence N. 8.- 26' 51- E., a d.1.t:ance of 467.85 t.et to an inter.ection with the arc ot . c.1rcu1.r curve to the 1eft, having a radius of 1750.00 feet and who.e radius point be..r. S. 7S.. S," 11" W, thence North.rJ..y along the arc of .aid curve hAVing a central angle ot ,. 11" 4.., an arc di.t.nc. ot 280.~0 ~..t to A point o~ rever.. curve, thence cont~nu. Northerly _10n9 the Aro of a circular curve to the r19ht havin9 a rad1.u. of lS40. 00 ~eet.. . c.ntra1 an91.. of 18" 06' 13., an arc d1.t..nc. of 4.&.59 feet to a po1nt of tangency I thence N. 01- 0&' 24 - W... a d1.t.nc. of 440.30 f.at to. -an inter.ecti.on with the North 11.0. o~ B1.ock 33 ot ..id -LAJCE aDYHTOH ESTATES PLAT NO.2, thence S. 1.-26" 51.- W. .1.on9 .a1.4 North It~~ ~ _.....N~] .,. ... .. 7J._' . ~..... .. . -LI;~:II~...... ~I,~... _& ..... '. ~ ORB 5591. P9 833 f. l.in., a cI.i.t.nc. o~ 3". J, ~..t ~o the "orthw..~ co&"n.r of Lo~ 1a, .1ook .13, th.ne. s. O~- 33' 0'- IC., alo"9 the ....~ l.in. o~ ..1d .lock 33, . cI......."c. of 1.10.,0' .c.et, ~h.no. .. I" 2'. 51-- ,W., . di.t.noe o~ 30.00 ~..~ -=0 ~he cent.rline o~ ..If. Ith .tree~ .~ ,~h. ao\lth.a.~ oo&'ftea- o~ ...s.. .e.ch LehuZ'evil1. ..0-=.i0l\ .I, al reoord.d ~n 'l.t aook a., ..... a43 .nd 24. o~ the ~l.io aecord. o~ ..1.Iia __oh County, Pl..-1c1., ~h.no. N. OJ.- JJ. 0.- If. .101'1 ..1d ...t lion. ,and o.nt.rlj.n. o~ .. w. .~ .-=r..~, . eU.t.nc. o~ 1, 40.01 f.et ~o t:.h. %nt:.er..o~1on wit:.h the W..t.a-1y proj.c~1on o~ ~h. JIorth Line of .100k 20 ot! ...i4 LAltIr 8OYM"rON ..TAT&. 'LAT NO.l,th.no. II ,,- 2" 13- JI: .1~n9 .aid 1I01."-=h l1n. . clJ..t:.ano. 0' 330.0 f'..t ~o the Worth h.t corner o~ Lo~ 7 Of' .a1d .1ook aD, t:.hence. or 33' 0'- .'.alon9 the E..~ 1.1". o~ Lot. 7 " '8 a d.i.~.nct. of' 270.0 feet to the North~.t Corner o~ Lot:. ~ alock 21 ot LAXa JtOYN'I'ON .1i'l'A~a PLAT NO.2, thanee N .... l6. 13 - w: a10n9 the JIort:.h l1n. th.JI:'.of a di.tance ot 50.. 0 te.t too the North....t corn.r of .a1.1S lo~ &, ~h.nce SOl- 33' O' - 11:. a d.1.t&nc. of' 120 ~e.t ~o th. Sout:.h...t:. corner of' .aid lot 6, thence... "-26' 13- E a.1on9 ~he North l.in. 01 the .outh one halE ot alock 21 . 22 ol LAJC~ BOYNTON ~.TATI!:S PLAT NO.3. a d.1.tone. of 1150.75 r..t to the 80uth",e.t corner of Lot 6, .lock 23 ot .a1d -LAICI!: .oYNTOM a.TAT!:., PLAT NO. Z., th.nce N. 01.- 34' 16. W. along the W..t l.1ne or Block. 23, l'A, ,.18 .nd l1A, a di.tanee o~ 760.00 feet to th. Southv..t corner of' Lot 4, .lock 11A 01' -LAX. ~YNTON ZSTATES, PLAT NO. 1-, thanee aa.terJ.y a10n9 the .outh l.1ne of' .aid Lot .. .10n9 the arc ot' a cj rcuJ.ar curve to the l.f~ havin9 a radiu. of 360.36 laec, an arc d1acance of' $0. 1. 8 f.et to t.he Southe..t:. corner thereo,t, thane. N. 01- 34' 16- W., . cS.t..tance ot' 136.30 feet to the North.a.t;. corner thereof, thence s. aa- 26. 13- W., . d.1at;anc. o~ 50.00 f.et to the South"'e.t corn.r of Lot 3, thence M. 01- 34. 16- W. .10n9 the ....~ J.ine of ..i4 Lot 3, . dJ..tance of 110.00 feet to the Northwe.t corner th.reor, thence E..ter1y &10n9 ~h. Horth .1.t.ne of' Lot. 1., 2 and 3 of ..id BlOCk l1A, alon9 the arc of a circu1.4<.r curve to the l.ft~ having a racSiua of 352.92 f'eet and who.e rad.iu. point bear. N. or J4' ~6 - W.. havinq a central &ng1.. of 25' 0" 0.-, ..n arc di.tanee of' 1.54.93 teet to the Horthe..t corner of .aid Lot; 1 and the Ea.t ij.ne of ...1d Sect.1on 29, thence S. 01. 34. 1.6- E. .lonv ...id -=..t l.1ne ot Section 29, edi.t..nce o~ 3,37J.4' ~.et t.o the .POXNT or .EGZNHI~G. La.. LOT 7, BLOCK 20, -LAXE BOYNTON as'I'ATZS PLAT NO.1, .. Recorded in Plat Book 13. 'age 32 of' ~he Pub11c "cord. of' P.~ "ach County, Florida. .aid land. aLtu.te 1n Palm Beach County, Florida. .. ~~~"'\iQ'1 ~.. u. "J~.' ....~ ~ . r--== ~...... ~ ~. '---.. ...... 834 .....~ ...:~ j .'~~ , ..... .~~: 'w . ORB . 5591 PI :i EXHIBIT -a- Il ,:ttlll<Ctf '.01((:1-:1. I.ON" W':;:;itaU "r U)1'!: A r..-r'c...1 of' I.. no.J I y, "K 1 n S.c t. .. u n ~3. t<''''KU 4:' Eout.. Pftl... "..fto'h'Gc,unt.y. l"luriol... ~I":":'-Ih..d nt4 f'olluwH Townuhll' 4~ :-;uut.h. .....,... ~.'rt..&.:ul..rl y C~OMf'1(.:...c:l NU .... L',," : :..Ut.h..A..... .!..,'"'''' ..I. ....i IJ :-One I. i un /H; , I.....".:.. :;. un" O~. ;,0;" - .... .,1 nnsc t.'~' Snut.h 'i n.. L'Mo.ruDI'. .. .. iut....t<;.~ .... I "'4\~. hU ....411. L.. .... i ..t...r"ucl.,..n .... t.to t.1... :.;......t...r I y 1......i...:I...... ;... ',.... 1.:....1..... J y tc i 1'.1... c,.' W"y I.. .... nr' I.'''' 1.41"''' We.rt.h O"~I 1...WOl i'lut.....~1 e.......1 1,-4\ .,.._ ~...'..:r&b..d &n ""hut. ~..it. (:I...i_ I>....d t.n tollo" \........ IIok,rt.h :>.-fti.llaMI. Uie"......;t. ..IKi ru,:u,'(I~1 i.. U'....&.:lul l(".:~,rd U........ /a4ti. f""M_ l.ft. uf" '.h... ~ubl"'c Ru~n,..~. 01" J.~J._ UUC:k:h COUIl"Y. t:l..r&du; t.''M,nce N. O(). 24' 11M 1::. "lonK said J.rnJuet.lo" linu,.. '.1; Ur.....M.U uf' .30~. t_1 '.uI,I.. Lhunc.. .... :l(J' &4' ~1 M W. u I unK Lh., E,.."t. i<,,,ltt. 'ot'-Wfty 11.~ 0'" "h~.d Lake Wor~h Orainoll. Oi."t.ric~ <:.ur.al I.: <t. u <1i..t..-u~. of' !"o~;t. ?:'J f'..c. ~o t.'___ POINT OF nE€81,.....lNG of' t.lli.. .....u:r&pl..un; ~to..nc.. ..:unl..nu. H. 20.54' ~lM W. oluna ~oi.d I':n!.l\. l<iKht.-of'-W~y line. .. diut.ftnc_ or 972.2& ,.._~ Lo ~ Pn'n~ 0'- Jnlo...,.n.c~i.un ",ith loho ""'.ut.-rly project.lon of" t.h.. Sc.ut.t. linu uf ....('I.M OJ-:Al":H LEI SURl:::V I LL1.: SE:CT ION 3". a. ,..,c.;o rd..d i n '.J...t. Dook .'U. """U "-43. 2.4 of t.hu Public Recorda Df' P#II", U~ach CounLy. Fl....'do; '-hon~:. N. 6!"." ~?' 06" 1::. alooa abaci S(~ut.h Ji,,". '" .1 i nLnur.60 nt' 748. ab I'u_t. I, u t.h. Sout. h__1. co,.. nor Oil' LoL 4\. l) lo.:k ;":'1 of' u..... d -pnLM 8E~" Lli ISUREVILLE SF.CT ION :)... t.hOh<~" N, UU" :2(,' ~,I- ..:, u dlet.a.nc:u 0'" 60.00 "..t. ~u a Point. ..f' Int.~rnvcLio.. ..,iL,. Lh.. u.....t. liRA olt't:UoCk 33 Of-LAKE BOYNTON ESTArESPLAT No 2" US recorded .,. ........ 80...... 14 PftKU 1;,.1' ..t. t.hu Public R..r.u...d_ ot. ~....I... Uw^,;h I:..UhLy. "-loridn_ t.h.,nt.:.. .... Uf' ;'3' ()S- W. ..lconK n....id 1..lunt. allln..o .Ii..'......'.. ..r IUD. ():J ,....... t... t.h... Nort.h~......t. "....nur ul' lovt. 1...... 111...;1< ,.;, ..,. ""i.' -I.."\KE IUIVN"l'ON I-:sTnTRS "LAT NO, ..-. "'huncu N. UII" ,'t>' !.1- t-: ....I....K hu Nu,.~t. ,..... n.." DaleS 81u<:k ;'..t. .. ,....t.."o#'" ,.f. .U.U .1:' ......t.~ Ltu'rM:" ~;. (II UU' Z4" t-:. .1 dint..H..:" c.... ""0 .to ,.....,. .:.... '.oint. ul' CU,..Vat.U..-.,.. t.hun<:.. SouLhetrly ~1e,,"H I...h.. ...-e: ..t' ",..,.. '.f' hC'O'IoI'i.." n ,........,~._... as~o.()(} ,......t.. <IS ........r..l ."'Ml.. ..,. 1'1 u,.' 1,1". nn lire: d int._r...O'_ ..I' ~86. ~~ t"uvt. lo., .. "U L nto 0'. I'""",-u" .:..,.v..t "r~... Lhunc.. ...:.......... f,'.4.1 sout.t.....r 1)1 ....1 "h'" t.t.., ,....c: ,.t" ..... ';l"-"" t.. ..pt... t. Ii )It.e.. '.~av, na " r....'t' ":~ ....... I ,,:..(). l)() ,-......t.. .. ,...'.t...r.... ..,~ 14.' e,f ,. J'l1'U.. "h ..r. .1. t"""'.I. .",<:". of. /'1'.(1. ~H) ."4,..-,.. ! t''',nr:'':H S. IJlr 2', .t...'t.nn'~'" 0" <Ii:... r.~ t',,,.T. t... ',h<:> "nll'l'i. "F "":CiINNrN(;, lJ:' I. '1 J U IJ ::i't..l 1...,4.'., z;it.u..t.4'! i.t. t.t'l-. ("',1...v ..,. t\c'Y....UI. Ih-.,.,"I\. ':(.'\.,I1'Y. FIC'lor-ido. Pt.. I m t\.:,u:t. (-..". ... i "i n~ I ~. O;~~l' it"" rtlf~. ",('rot' f)r l.-!a.,. r~j -,.~; 57J I.,~~~r- ~ I. ... ill t~ ' 11.. ~ 1.. ..__ .--. :00, ~ ~ ) -; ;. ~. ~ '0 '''''' AIlCCIIlP _.m, PlWIIRAat ctQfrf, RA. JOHN e. DUMQ.E CUJIK 0I/IIQJff OOIMV (.. ,:0 .." .~; ... ,. .. , II - - I I , , , I - , 551 478 5770 P.01/01 J::EC-30-1997 12: :9 , ..~ PBC TRAFFIC ENG ~ r-L ... "~" , ~ ~ r'(-f GENE~DANNUALA2::~~L~lVOLU:~R~:DA'~ ~~, URBANIZED AREAS. SlATE TWO-WAY AJt1"ElUA1.S FaEEW A YS UNINTElUlUI'TED n..oW Group! (witllin .1iI.aized tIP DYer $00.000 IIld Icadilla 10 Of pwilQ; willllD j tJJik!$ o( 1M prialIfY mlyeeCdnl __ dilula) lJDllpaIiAd lonel of Smil:e l&Yd of S&IVQ LIMa ^ B C 0 E UIICI ... B C D ~ . 2.2..000 35.200 52.900 61,000 80.800 2 Vlldi". 8,900 13,900 11,900 2.,800 33.J 00 6 33,100 ~2. 900 ?9,o4ClO 100,600 126.900 40iv. 2\,500 35,lIQO ~tOO 60.100 11.600 I 44.100 70~OO 1~,900 134.100 160,200 6 Dill, n,%DO 33,700 75.200 90,~ 107,400 Je 35.200 88,200 13%,400 161.700 :m.400 12 63,200 JOI.loo 151.700 192.200 2':!,3(Xl lNTERRVPTED FLOW Group 2 (willlill lIrb.lliud ,re..1Id Ml in OIOllp 1) 0..,. (MI.lIO 10 2.~ NlnlliucllN1I&diolll per milel ~cl 01 S.rrice ~I Q( lk....xz a..... A B C D E l~ulCl ".. B C D... E... . 2G..1UO 3UJU 'UW 6t.8W 14.SOO 2t.JMIII. 12.,.600 15,2W 111.600 17.000 c 6 W.6Oll 41.900 73,400 9'.000 117.300 -401\'. 21.~ )))00 ~,?OO 35.100 I. . 40,800 65,200 91,'9OIJ 12<4.000 156JOO 6 Diy. .3,200 'O,4CXl 53.700 SJ. ?OO A 10 51.000 lIt~ 122.300 15S,OOO 1~.400 8 Di.... 53.800 62,000 65,100 65,100 s 12 58,0400 1iJ3.200 140.000 177,300 m.600 s OUl.II (~50 10 ..$0 sicnabu4 lDlcflleClliolll pw lIIiJc) Uwl 01 s......iee C ..eoo J9.1OO 19,300 ",100 t.a_ 2 lJDdiv. "Di.. 6Di.._ 8Di.... A*- B.' D 14.300 J1,I~ .7.soo '8,Ott! (.:I.. II (mo~ 1IWI.,50 ulMlUd illltJltoClioN per miic and llOI willlill primal)" ciI}' llC...l buI_ dlllJ'id of lIrbllliPd am 0qJ' 500,000) &.Pe. 2UllCliy. 4 Div, '6Dlv. 8 ])iv. AU Laftl of SeMw e.. co' D 11,100 16.JOO 40.100 49,?QO 0...111 (__ Ulln 4.50 'i,aali,*, i_tMC:Iiou pc1' ",ile lid ...illlin primary ~ilY c:c.ml btIl1ftCU dmTiet of ultMnil;ed lit' O~ef 5OO,a:lO) I L.ewl of Servla B" C" 0 13.XIO 29JOQ ....8DQ SoI,7OO I La_ 2 Ulldiv. 4 Di~. U)jy . SDiy. "'.. I ~ 15,900 34,000 51.400 62.900 NON..$TATE "OADWA Y5 .wOR crn'1COUNn" ROADWA \'8 t.fvd or Sc",jc:c C ID,900 1-4. <<lO ]7,m E 15.,00 33,200 so.1OO WIllS 2 lJadjv 40;v. 60;... ..... II" D 14JOO :)),000 .'.soo E l5.,XO '''400 so.600 61.100 ~ ~ " s S II OTIIER S'CNAUZED ROADWAYS (uIMliadlR~ ...~) Le\<d of Sttvic:C c 5200 1Uoo ADJ1JS'DCENTS DIVIDEDfVNUMDED (th'f ~u.,~y-'_ iIliI\Qld percelll) Me-. WI TlI11IlSIyJ AcljuSllllCnl flClOI3 DWIllcId YA +~'i UlIdiYMd No .1()11, UfIII."ioIal Yes -S'lW UlIliviIMS No .15'" wna 2Ulldiv .Div. An II"" D 10,200 %J.600 E 11.700 ~.IOO E 1.,800 '2,600 49,300 60.100 L.ana ~ c; % L Mulli A Mlilli s 5 III ONErWAY (.Iler conupondjl'_Wl)' 'IlOl_ indiQk4 ~) OM.W.~ ~ll& Adj,,'_a\ 1.1111:, TlW-WI)' I..1I1U FKJOf :2 4 .4()'tl. 3 6 ~ 4 8 ....,... 5 . -~lJI, ,..,. _....ftol_n.....d __......aoi'!'lbt ~.--......- TIlt......... __ wocto..._ .....-.......... _fwn"" -"'" ~ ......-. 1'lI< ................ _ __ _loiS'_ _... __. _......... ...._ _........n... v.. -... -' -......r lnIIIe(NlP1}__ I.........:.. _ _ p"* .... ...iDo'_ .... 0(........... .....dIe ,... Mp...y ~y ........ u........I ""'* lIIlf~ -.,......--.... TIto -.,......- """ _101_.._"""_ UIoI.... c-... _ ........ Yn&-.."'~ ~ ......._ .,.........rwc...... "- ~ 0("""""'_ I.",. I I -.., I ..ovr I\IlMM E.} TOTAL P.Ol r.:': ;" -3 .....-: '1j ...... n ~ ...... l if. M n -3 ...... o ~ -3 ....... ....... AJ o ,-.-< I (1 ~ r:: I , ,~, L-' . ~~ fl':.' I \." '''I iY; I' I I 'j<. ~ 3 .... I ~ '" I ': "- j i , + f''-'' :Pi ''"1". ,I'-J! ~ ~ t I I I I L" > 7: t::l fJj rJ ;.v ...... -.; r-:; Cd r--; """r1 '"-r; ~ >--< <,"- \ ~ :~. .:~ 'iV' ~' "'\ I ; / ~ ~ '(1.. f..:~. ._ . ~ !'. ;, .0 , _::-: -r'; " .. ----------1 I >-:; - - r'~ J. -l '-' \.I :::d o .-. 'TIt::::: '....i 15;.J;.- '"Tj ...."C 0 ~........,cn o......;;~t'lj Z(fl 0 o:l-l [Tl ~,~ '"'d :::::- :) ;::: 0 ~ - ~ i . ~~ .. .~ f u ~ ,~ ~ I: ~ ~~ :::d n :c ;~ ;v " .. ~ ' :.. , '" .~ ..' i ;~:':~ <. - :'~ ;;1 !~- _____._____________..J FIRST BAPTIST CHURCH --1----; r- OF BOYNTON BEACH PCD MASTER PLAN BOYNTON DIAC/I. noRm~ i lftf liNRt:lI, SMITH h ,\SS()(l\Tt~ ,B.,l_..I.....'I_"._'to...It,.,...I~....",,,"Ir.-......lu" -.~lllJ", 1'1('" I.. "~'4-~ 'IV-: . ' . SJo:MINnU~ H~~I) ('lIMf',\NY "._ .__ ._.n.....,...... _,__..._......,__..A_ ._ '-1r-~~-~T,l I. ,I..' ; I ': : " I I .,- , . I . City of Boynton Beach Comprehensive Plan Future land Use and Traffic Circulation Elements Excerpts Goal 1 : Provide a range of land uses which accommodate a full range of services, activities and housing types while minimizing land use conflicts, ensuring adequate facilities, maintaining the character of the community, & minimizing adverse impacts on the natural environment. Objective 1.1-1.12 Require coordination ot development orders with the provision of public services (paraphrased) Objective 1.3 land development shall be coordinated with the provision of road rights-ot-way and road improvements so as to maintain the level- of-service established in the Traffic Circulation Element..... Traffic Circulation Element Policy Objective 2.1 requires...Level ot Service "C" or better under daily and peak hour conditions on all unspecified City and Collector Highways Obiective 1.13 Discourage urban sprawl by creating a compact urban area within the City and the City's utility service areas. Obiective 1.15 Encourage planned development projects which are sensitive to the characteristics ot the site and surrounding land uses, mixed use projects in locations which are appropriate and utilize other innovative methods of regulating land development. Obiective 1.16 Requires consistency with the comprehensive plan. Obiective 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. Objective 1.17.1 Discourage commercial uses except where access is greatest and impacts on residential uses are least. Obiective 1.17.8 Maintain and improve the character of existing single- family neighborhoods by preventing conversions to higher densities. --. ,-----.-..--- --- -- r'- :; 'f. -.--1 -e '- - .' ::::.-- . ? :/. :; : ::: '/. -:: t::i~ : :; :/ -:-; -;e . J.~ ~ ~~,- '/.";:::'~ ~~ ..;\I"I"'}' "I ","'111\:1,.\11 "\ c' , L " C ,.,....... +"1,.'''' 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". ,"\!j', l--- ""..' ~ . -1 " - m~" II~ 'f tT'1 .. -l - '-"' '/, --- ...... :v c... ..- - ~ .. --- --- '/. ;J...- ;c: ~ - ~ ~ ~ 1. r ~ ./ t:' '-f r ;- --- :-r1 ':::l ,.... ""r; ""r; ~ ...... ,'- ~ ~~F'f!!l ." ,> I A ..." " .' ~i ;~: r., _.; U: 'I' ...; .' ~... ~ ..~. I. II: ", T H \ I '! I > '1 1:1 1;11, .ll', iii '.' II ,. l' III, II I: "/ I ' I! \ j:r I! ." . J. t ii. ";JliE~,Sij ,r~;~~~ ~ '":,.~'''']'',,I,:C,)'I '"i:,F" " ..,~"" U , .... Iii I Ii II,.' " 34 Boynton Beach Code the standards established in Section 9. C of these zoning regulations applicable to rezoning of land generally. a. Relation to major transportation facilities. A PCD shall be so located with respect to major roadways or other transportation facilities as to provide direct access to major transportation facilities without creating or generating an unacceptable level of traffic along streets in residential areas or districts outside it. b. Extensions of publicly owned and maintained utilities and storm sewers, etc. shall be constructed by the applicant at no expense to the city and said utilities, etc. shall be deeded to the city clear of any encumbrances. Construction standards employed in the installation of publicly maintained utilities and storm sewers shall be those promulgated by the engineering and utility departments as amended periodically. Concerning streets, consistent with the intent of these regulations, any required roadway improvements shall be constructed at the applicant's expense including the dedication of additional rights-of-way as noted in the traffic and circulation element of the comprehensive plan and the replacement of roadway capacity when applicable. c. Physical character of the site. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern of use intended, 5. Uses permitted, conditional uses, uses requiring environmental review permit. a. All uses listed in Section 6. C.l of these zoning regulations provided however, that uses listed as conditional will not be required to secure conditional use approval if shown on the master plan required as a part of this submission; Uses which would require an environmental review permit in the C-3 district' shall also require such a permit in accordance with Section 11.3, prior to being established in a PCD district. Furthermore, the planning and development board may require that any 1997 S-5 other use obtain an environmental review permit, prior to being established in a particular PCD. Any use which uses, handles, stores, or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261, shall require an environmental review permit in accordance with Section 11.3. b. Uses ancillary to permitted uses; and c. Commercial uses not listed in Section 6.C.l, but approved by the planning and development board. 6. Uses prohibited. a. All uses listed in Section 6.C.2 of these zoning regulations. 7, Design criteria for planned commercial developments. In addition to the design and construction criteria established in other chapters or sections of the Boynton Beach Land Development Regulations, the following design criteria shall be applicable to the zoning, design and construction of planned commercial developments: a. Minimum land area. The mmlmum land area for a planned commercial development shall be three (3) contiguous acres. b, Off-street loading. Every hospital, institution, hotel or commercial building or similar use requiring the receipt or distribution by vehicle of materials or merchandise shall have one (1) off-street loading bay for each twenty-five thousand (25,000) square feet of gross floor area or fraction thereof. Off-street loading areas shall be designed in such a manner as to screen from view at ground level, parked vehicles, a materials handling facilities including compactors or dumpsters. For the purposes of this section, screening is defmed as a solid stucco masonry wall painted on both sides. c. Lot coverage. The total ground floor area of all buildings and accessory structures shall not exceed forty (40) percent of the plot on which they are constructed. 20 Boynton Beach Code permitted as an accessory use to a repair shop which is permitted in the district, provided that, in all cases, the floor area occupied by used merchandise shall not exceed twenty-five (25) percent of the gross floor area. Stores which deal primarily in used merchandise, shall be limited to retail merchandise of the type that is permitted in the list of permitted uses above. Pawnshops and auction houses shall be prohibited, however, in the C-2 district. Used merchandise stores shall be located not less than twenty-four hundred (2,400) feet apart, as measured by direct distance between property lines, and shall have a gross floor area of not more than five thousand (5,000) square feet. Where these stores are currently located at less than this minimum distance, such stores shall not be expanded, All new applications for occupational licenses to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit which certifies that the provisions of this paragraph would be complied with. Exterior storage and display in connection with such uses shall be prohibited. 7. Off-street parking as set forth III Section 11.H hereinafter. C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district regulations are to encourage the development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare, 1, Uses permitted. Within any C-3 community commercial district, no building, structure, land or water shall be used except for one (1) or more of the following uses: a. Any use permitted in C-1 or C-2 districts, without specific limitation on floor area. b. Any conditional use in the C-2 district, except as provided for otherwise under the C-3 district regulations, without specific limitation on floor area, * c. Antique stores and auctions houses, selling only objects of value such as quality antiques, art objects, jewelry and the like, but not used merchandise generally, d, Bars, cocktail lounges, subject to the provision of Chapter 3 of the City of Boynton Beach Code of Ordinances, Such uses shall be a conditional use (*) if located within six hundred (600) feet of property lying within a residential zoning district as measured by direct distance between property lines, e, Liquor stores, subject to the provisions of Chapter 3 of the City of Boynton Beach Code of Ordinances, f, Greenhouses, nurseries, and other horticultural uses. g. Department stores. h, Hotel, motels, apartment hotels, and apartment motels, including timesharing units, provided that sleeping rooms and apamnent suites therein, and exterior portions of the site shall not be used for the display, lease, or sale of merchandise. i. Lumber yards and building materials stores, including sale to contractors. * j. Multifamily and duplex residential dwellings, including timesharing apartments, which shall comply with the R-3 district regulations for such uses. k. Rooming and boarding houses. * 1. Private clubs, lodges, and fraternal organizations . m. Recreational facilities, including bowling lanes, billiard halls, health clubs, gymnasiums, tennis clubs, golf courses, miniature golf courses, shooting ranges (indoor only), skating rinks, and amusement halls. Recreation facilities other than those which are listed above shall be conditional uses(*). Racetracks, go-cart tracks, and water slides shall be prohibited.a n. Sale of ammunition and fireanns, o. Theaters and auditoriums, excluding drive-in theaters. p. Automotive service stations, without major repairs (see definitions "major repairs"), and including car washes as an accessory use, provided that the site is developed in accordance with Section 11.L. The repair and service of vehicles in the C-3 district shall include all motor vehicles, in addition to those types of motor vehicles for which repair and service is allowed in the C-2 district, but shall exclude farm tractors and implements, cement mixers, shovels or cranes, and special mobile equipment as defined by Section 316.003, Florida Statutes. All repair and service of vehicles shall be done within an enclosed building. q. Bus terminals. r. Ambulance service. s. New boat sales, excluding repair or service on premises. * t. Marinas and yacht clubs, which may include the following as accessory uses, if approved as such: Any accessory uses to marinas which are allowed in the CBD district, as well as boat dealers, service, repair, installation, rebuilding, or customizing of boats, engines, or marine of boats, engines, or marine equipment. * u. Dry storage of boats at marinas.'" v. Yachtels, boatels, and other use of boats at marinas for residences.'" w. Small equipment and tool rental, for homeowners use, excluding exterior display or storage. x. Governmental, utilities, and corrununications facilities, excluding uses which have extensive storage or maintenance facilities, or storage or maintenance as their principal use. Utilities shall be adequately screened from exterior view. y. Trade and business labor pools; such uses shall be a conditional use (*) if operated on a walk-in basis. Zoning 21 z. Automobile wash establishments. aa. Wholesaling of goods listed undel Section 8.A.1.c.(2), 8.A.1.c.(3), 8.A.1.c.(4), 8.A.l.c.(6), 8.A.l.c.(7), 8.A.l.c.(14), and 8.A.1.c.(16) of these zoning regulations, and storage of goods for households, but excluding any exteriOl storage or display, where all portions of the proper!) lie within three hundred (300) feet of a railroac right-of-way, and direct access to the property frorr a collector or arterial road is not available at the effective date of this ordinance. * The conditional use application shall list the specific types of goods whict are to be sold, stored, or distributed from the premises, and uses of the property shall be limited tc those specified on this list, as approved by the Cit) Commission. bb. Adult entertainment establishments cc. Repair of motor vehicles or tin sales and service, limited to minor repairs (see definitions "minor repairs"), and including car washe~ as an accessory use, are as follows: (1) This use is not permitted or sites less than five (5) acres in size. (2) On sites of greater than five (5) acres and less than seventy-five (75) acres, al such uses shall be located in a shopping center ane within the principal building of the shopping center; (3) On sites of greater thaI seventy-five (75) acres all such uses will be all OWe( to be located in a separate building in a shoppin} center. * For the purpose of this section, mota vehicles shall mean only motorcycles, mopeds passenger cars (a motor vehicle with motive power except a multipurpose passenger vehicle 0 motorcycle, designed for carrying ten (10) persons 0 less), or multipurpose passenger vehicles (mota vehicle with motive power designed to carry ten (Ie persons or less which is constructed either on a truc chassis or with special features for occasional off-roa, operation). All repair and service of vehicles shall b done within an enclosed building. 22 Boynton Beach Code dd. Upholstery and carpet steam cleaning businesses. ee. Marine canvas retail sales and fabrication (no on premises installation). lA. Conditional uses allowed. Those uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set forth in Section 11.2. IE. Uses requiring environmental review permit. Within any C-3 community commercial zoning district, no building, structure, land, or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the following specified uses, unless an environmental review permit is secured in accordance with the standards and procedures set forth in Section 11. 3: a. Any use which would require an environmental review permit in the C-2 district. b. Sign painting and lettering shops. c. Automobile wash establishments. d. Repair of motor vehicles or tire sales and service, limited to minor repairs (see definitions .. minor repairs"), and including car washes as an accessory use, provided that all such uses shall be located in a shopping center and shall be located within the principal building of the shopping center, and provided that the site occupied by the shopping center has an area of not less than five (5) acres. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry ten {I O} persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. e. Any use listed under 6. C .1. or 6.C.IA. which uses, handless, stores, or displays hazardous materials, or which generates hazardous waste, as defmed by 40 Code of Federal Regulations, Part 261. 2. Prohibited uses. Within any C-3 community corrunercial zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the following uses: a. Any use not specifically allowed in accordance with the list of uses under 1., lA., and lB., above. b. Any use which is either specifically allowed or prohibited in another zoning district, which is not specifically allowed in accordance with the list of uses under 1., lA., and IB. above. c. Any wholesale establishments, storage as a principal use, off-premises storage, or distribution, except in accordance with 1.aa. and IA. above. d. Single-family detached dwellings, except where used as a group home. e. Sales bazaars, farmer's markets, flea or thieves' markets, swap shops, and trading posts. f. Bingo halls. 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot area Maximum lot coverage (building) Minimum front yard Minimum side yard (interior lots) 75 feet 15,000 feet 40 percent 20 feet None (see Notes a and b) Minimum side yard (comer lots) Minimum rear yard 15 feet street side (see Note b) 20 feet (see Notes b and c) 45 feet, not to exceed 4 stories Maximum structure height a. Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15) feet shall be provided on one side. b. When abutting a residential zone, side and/or rear yards shall be thirty (30) feet minimum. c. Where rear yard access is available from a public street or alley, rear yard may be decreased by one-half the width of such street or alley, but in no case shall a rear yard be less than ten (10) feet. 4. Off-street parking as set forth in Section 11. H hereinafter. 5. Repair and service of merchandise: The repair and service of merchandise for household customers shall be permitted as either an accessory or principal use, for any merchandise which is typically sold in the C-3 district, excluding rebuilding or refinishing of any type. 6. Exterior display and storage of merchandise. Exterior display of retail merchandise shall be permitted, provided that such merchandise is owned by the operator of the business occupying the building, and is the same type of merchandise that is typically sold within the building. Exterior storage of merchandise shall be for a length of time which, on a daily basis, shall not exceed eighteen (18) hours. Exterior storage or display of motor vehicles and boats, excluding wrecked motor vehicles, shall also be permitted to the extent that same is integral to the operation of a conforming use or a legal nonconforming use, and without limitation on length of time. Exterior display of merchandise shall be completely contained within property lines, and shall not completely block walkways or otherwise create a hazard to the public. Parking areas shall not be used for such displays except for a period or periods of time which shaIl not exceed seven (7) days within any Zoning 23 one (1) calendar year. Permission from the development director or his authorized representative shall be required for any use of parking areas for display of merchandise. The exterior display or storage of growing plants shall be permitted in connection with a lawful principal use. without limitation on length of time 7. Sidewalk sales. Sidewalk sales in rights-of-way shall require approval by the city manager or such person as may be designated by the city manager. 8. Sale of used merchandise: The sale of used merchandise shall be permitted as an accessory use to the sale of new merchandise, meaning that used merchandise shall be of the same type as the new merchandise sold on the premises, and shall be permitted as an accessory use to a repair shop which is permitted in the district, provided that in all cases, the floor area occupied by used merchandise shall not exceed twenty-five (25) percent of the gross floor area. Stores (including pawnshops) which deal primarily in used merchandise, other than antique shops or auction houses (see l.c. above), shall be limited to sale of retail merchandise of the type that is allowed in accordance with the list of uses under 6. C.1. and 6. C.l A. above. Such stores shall not exceed five thousand (5,000) square feet in gross floor area and shall be located not less than twenty-four hundred (2,400) feet apart, as measured by direct "distance between property lines. Where these stores are currently located at less than this minimum distance, such stores shall not be expanded. All new applications for occupational licenses to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit which certifies that the provisions of this paragraph would be complied with. Exterior storage or display in connection with such uses shall be prohibited. D. C-4 GENERAL COMMERCIAL DISTRICT. These district regulations will be effective in projecting desirable uses and patterns along the development corridors that will be located at points along major trafficways. The ultimate desired results are to group highway uses, keep a. Public buildings and facilities such as city hall, police and fire stations, libraries, public schools, public utilities and cemeteries; b. Private or semi-private institutions (excluding churches and schools) such as hospitals, utilities, and other non-profit facilities; c. Other governmental agencies such as those providing postal, administrative or regulatory services; d. Telecommunication towers. lA. Uses requiring environmental review permit. Any use listed under. 5.J.1. above which uses, handles, stores or displays hazardous materials or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 26l, shall require an environmental review permit in accordance with Section 11.3. 2. Building and site regulations. No building or portion thereof shall be erected, constructed converted, established, altered, enlarged or used unless the premises and building comply with the following regulations: Minimum lot frontage Minimum lot area Minimum front yard Minimum side yard Minimum rear yard Maximum structural height 75 feet 8000 square feet 25 feet l5 feet, each side* 25 feet* 45 feet, not to exceed four (4) stories *When abutting residential districts, side and/or rear yard shall be thirty (30) feet. 3. Off-street parking: As provided In Section I1-H hereinafter. K. PUD PLANNED UNIT DEVELOPMENT DISTRICTS. Chapter 2.5 of the Land Development Regulations is hereby incorporated by reference into these zoning regulations, and all planned unit developments shall be considered zoning districts on the official zoning map. Chapter 2.5, and all planned unit developments approved in accordance with 1997 S-5 Zoning 15 Chapter 2.5, shall be subject to all applicable provisions of these zoning regulations, except as otherwise provided for in Chapter 2.5. (Ord. No. 96-32, 9 1, 8-8-96; Ord. No. 96-51, 92, 1-21-97) Sec. 6. Commercial district regulations and use provisions. A. C-l OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT. These district regulations will provide appropriate space for office and professional uses, located to provide ready access to such services for all. 1. Uses permitted. Within any C-l office and professional zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered or used, in whole or in part, except for one (1) or more of the following specified uses (single-family occupancy when incidental and necessary to main use is permitted). Those uses, however, which are listed in lA. below shall require conditional use approval, and those uses which are indicated under 1B. below shall require an environmental review permit, prior to the establishment of these uses: a. Churches and other places of worship and attendant accessory uses. Day care centers, primary and secondary schools, seminaries, and colleges and universities shall not be construed to be an accessory use to a place of worship, however. b. Financial institutions, including drive-through facilities. c. Funeral homes. d. Crematorium. * Funeral home with e. Government facilities, including public community centers, excluding uses which have extensive storage or maintenance facilities, or storage or maintenance as their principal use. f. Hospitals. 16 Boynton Beach Code g. Medical and dental offices and clinics. h. Nursing and convalescent homes. i. Pharmacies, medical and surgical supplies; orthopedic, invalid and convalescent supplies; eyeglasses and hearing aids. j. Professional and business offices. k. Veterinary offices and clinics, excluding outdoor kennels, or keeping of animals for purposes other than treatment, and excluding on-site disposal of animals. 1. Reserved. m. Nursery schools, day care centers, and other preschool facilities* (See Section 1l.C.). n. Instruction or tutoring, with a gross floor area of less than two thousand (2,000) square feet, limited to instruction for office occupations, or academic tutoring, and specifically excluding art, recreational, trade, or industrial instruction. o. Instruction or tutoring, with a gross floor area of two thousand (2,000) square feet or more, limited to instruction for office occupations, or academic tutoring, and specifically excluding art, recreational, trade or industrial instruction. * p. Academic schools, regardless of floor area, including primary and secondary schools, seminaries, colleges, and universities. q. Copying service. Print shops shall be allowed subject to obtaining an environmental review permit in accordance with Section 11.3. r. Restaurants, * subject to the following conditions: (I) No restaurant is to be allowed in an office building or complex of less than twemy- five thousand (25,000) square feet. 1997 S-5 (2) No restaurant shall occupy more than five (5) per cent of the total square footage of the office building or structure. (3) No signage for the restaurant shall be placed on any freestanding sign for the office building or complex. (4) Hours of operation shall be limited from 6:00 a.m. to 5:30 p.m. (5) Seating shall be limited to forty (40) seats or less. s. Barber shops, beauty salons, manicurists, tailors and dressmakers. * t. Dental laboratories. * lA. Conditional uses allowed. These uses specified above in subsection 6.A.l. which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set forth in . Section 11.2. IB. Environmental review permit required. Any use listed under 6.A.l. or 6.A.IA. above which uses, handles stores or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code 0 f Federal Regulations, Part 26l, shall require an environmental review permit in accordance with Section 11.3. 2. Uses prohibited. Any outdoor display of merchandise. 3. Building and site regulations. No building or portion thereof shall be erected.. constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot depth Minimum lot area Maximum lot coverage (building) Minimum front yard Minimum rear yard 75 feet 120 feet 9,000 square feet 40 percent 30 feet 20 feet Zoning l6A Minimum side yards Maximum structure height 10 feet* 25 feet, not to exceed 2 stories** *When abutting residential district, side and/or rear yards shall be thirty (30) feet. **Exceptions: 1. Maximum height for hospital shall be forty-five (45) feet not to exceed four (4) stories. 2. Building designed for under building parking shall be (30) feet maximum. 4. Off-street parking. As set forth In Section ll.H hereinafter. B. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. These district regulations will provide a limited number of small commercial facilities of a retail convenience nature, intended to service individual residential neighborhoods. Generally, the desired locations for these facilities are near and about the geocenter or other planned nucleus of the neighborhood, conforming to the general development plan. 1. Uses permitted. Within any C-2 neighborhood commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected altered, or used, in whole or in part, except for one (1) or more of the following specified uses. Those uses, however, which are indicated in lA. below shall require conditional use approval, and those uses which are listed under IB. below shall 1997 S-5 require an environmental review permit, prior to the establislunent of these uses: All stores and shops in the C-2 district shall be limited to retail sales. a. Any use permitted in C-l district. b. Any use which is a conditional use in the C-l zoning district. * The following uses, provided that the gross floor area of such use does not exceed five thousand (5,000) square feet: c. Automobile parts and marine hardware stores, excluding any installation on premises, and excluding machine shop service. d. Camera and audio-visual equipment and supply stores. e. Furniture stores and home furnishings; antique stores, excluding auction houses, shall be a permitted use if limited to selling only objects of value such as quality antiques, art objects, jewelry and the like, but not used merchandise generally. f. Flower shops and sale of house plants. g. Bicycle shops. h. Luggage stores. I. Music stores. J. Art and ceramic stores. k. Jewelry and cosmetic stores. 1. Locksmith shops. m. Sporting goods, excluding sale of arrununition or firearms; game, and toy stores; bait and tackle shops. n. Paint, wallpaper, tile, carpet, Zoning 17 draperies, blinds and shades, and interior decorator shops. o. Office supplies, equipment, and furniture. p. Art, craft, trophy, hobby, and costume shops, and sewing supplies; art galleries and artists' studios. q. Book stores, religious goods, card shops, tobacco shops, and news stores. r. Pet shops, excluding kennels or boarding of animals or keeping animals in outdoor kennels. s. Repair or service shops, excluding rebuilding or refinishing for retail goods that are typically sold in the stores which are permitted uses in the C-2 district. All outdoor display or storage in conjunction with such uses shall be prohibited, however. t. Televisions; radio, video, and stereo equipment and supplies. u. Household appliances and parts for same. v. Curio, souvenir, and gift shops, excluding sale of used merchandise. W. Beer and wine sales, limited to consumption off premises. x. The following personal and household services: Barber shops, beauty salons, manicurists, tanning salons, pet grooming, off-premises carpet and upholstery cleaning, maid service, tailors and dressmakers. y. Laundromats and retail laundering services, provided that the floor area for such uses is entirely enclosed. z. Retail photographic studios and photofInishing service. aa. Fabrication and installation of 18 Boynton Beach Code furniture sI ipcovers. bb. Taxicab offices and parking, excluding service or repairs on the premises. cc. Automotive service stations. without major repairs (see definitions: "major repairs"), and including car washes as an accessory use, provided that at least one (1) frontage lies along a four-lane collector or arterial road, and the site is developed in accordance with Section ll.L. In the C-2 district, repair and service of vehicles, other than refueling, shall be limited to automobiles, motorcycles, and pick-up trucks with a rated capacity of not more than one (I) ton. All repair and service of vehicles shall be done within an enclosed building. ... dd. Print shops. ee. Drycleaning service, limited to handling goods that are brought to the premises by retail customers. ff. Private clubs, lodges, and fraternal organizations. * gg. Drive-up. drive-through, or drive-in service for any of the retail uses or personal services listed under l.c. through l.ff. above." Drive-up and drive-through facilities for financial institutions shall be a permitted use, however. Wl. Art or recreational instruction. The following uses, provided that the gross floor area of such use does not exceed ten thousand (10,000) square feet: ii. Grocery, food, ice cream, confectionery, and health food stores; delicatessens. butcher shops and seafood stores, vegetable and fruit stores, convenience food stores, and bakeries; catering service. JJ. General hardware stores. kk. Restaurants, including serving of alcoholic beverages only in connection with the serving of meals. II. Drive-through. drive-up, or drive-in restaurants." mm. Sundries, notions, and variet)' stores. nn. Drug stores. 00. Clothing, clothing accessory, and shoe stores. pp. Lawn and garden supply stores. qq. Drive-up, drive-throughordrive-in service for any of the retail uses or personal services listed under 1. ii. through l. pp. above. * Drive-up and drive-through facilities for financial institutions shall be a permitted use, however. IT. A single-family residence, incidental to a permitted, commercial use, located on the same lot as the commercial use. Such residence shall have a minimum living area of seven hundred fifty (750) square feet and shall be limited to occupancy by the property owner or business owner/operator. All uses listed under 1.c. through l.qq. above shall specify the gross floor area on the application for an occupational license. Each retail store and adjacent stores or bays under the same ownership or control that are of a similar or related use shall be considered to be a single store for the purpose of computing floor area. lA. Conditional uses allowed: Those uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set forth in Section ll.2. lB. Uses requiring an environmental review permit: Within any C-2 neighborhood commercial zoning district. no building, structure, land or water, or any part thereof, shall be erected. altered. or used, in whole or in pan, for any of the following specified uses, unless an environmental review permit is secured in accordance with the standards and procedures set forth in Section l1. 3: a. Automotive service stations, subject to the provision of l.cc. above. b. Print shops. c. Drycleaning on premises, limited to handling goods that are brought to the premises by retail customers. d. Any use listed under 6.B.l or 6.B.IA, which uses, handles, stores, or displays hazardous materials, or which generates hazardous waste as defined by 40 Code of Federal Regulations, Part 261. 2. Prohibited uses. Within any C-2 neighborhood commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the following uses: a. Any use not specifically allowed in accordance with the list of uses under 1., lA., and lB., above. b. Any use which is either specifically allowed or prohibited in another zoning district, which is not specifically allowed in accordance with the list of uses under 1., lA., and IB., above. c. Outdoor storage or display of any type. d. Sale of firearms or ammunition. e. Sale of fireworks. f. Temporary employment centers, operated on a walk-in basis. g. Any wholesale establishments, storage as a principal use, or off-premises storage, or distribution. h. Sale of alcoholic beverages, other than beer or wine. i. Serving of alcoholic beverages, except for consumption on premises within a duly Zoning 19 licensed restaurant and in conjunction with the serving of regular meals. J. Lumber yards or building materials stores. k. Sales bazaars, farmer's markets, flea or thieves' markets, swap shops and trading posts. 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot depth Minimum lot area Maximum lot coverage Minimum front yard Minimum side yard (interior lots) Minimum side yard (comer lots) Minimum rear yard Maximum structure height 50 feet 100 feet 5,000 square feet 40 percent 30 feet 15 feet* 20 feet on side street 20 feet* 25 feet, not to exceed 2 stories "'When abutting residential districts, side and/or rear yards shall be thirty (30) feet. 4. Repair and service of merchandise: The repair and service of merchandise for household customers shall be permitted as either an accessory or principal use, for any merchandise which is typically sold in the C-2 district, excluding rebuilding or refinishing of any type. 5. Exterior storage or display: Exterior storage or display of merchandise or materials shall be prohibited, with the exception of growing plants which are stored or displayed as an accessory use to a lawful principal use. 6. Sale of used merchandise: The sale of used merchandise shall be permitted as an accessory use to the sale of new merchandise, meaning that used merchandise shall be of the same type as the new merchandise sold on the premises, and shall be Yc:.. J, 0 " Y-~/ 'q"L- ' ~ ,0' , , /1 I\,}..l... ~'\.- lJ Presently Serving COMMITTEE ON COM1\1I1TEES Bud Meadows 96 Ann Lemos 97 Buddy Stuart 97 Doris Frazier 97 Bill Johnson 97 - Deacon NOMINATING COMMITTEE Dorothye Vaughan 97 Gladys Knuth 96 Eddie Shoe 97 Rick Melear 96 Robyn Woodmansee 97 Rick Melear - Deacon PERSONNEL COMMITIEE Janet Abbruzze 96 Glenda Tobin 96 Bill Wallace 97 Deacon STEW ARDSHlP COM1\1I1TEE Cindy McDuffie 96 Bud Meadows 97 ACADEMY COMMITTEE (Christian Day Care) Fonda Wallace 97 Shannon Melear 96 Richard Boyd 97 Frank Lunsford - Deacon -" ,"'- ~~ .:. ,- CHURCH COMMITTEES 1995 - 1996 CHURCH PROGRAM COM1\1I1TEES Proposed to Serve Bill Sowers 98 Gladys Knuth 98 David Allard - Director Althea Allen 98 - Treasurer CHURCH MINISTRY COMMITTEES Nellie Denahan 98 Presentlv Serving AUDIO VISUAL COMMITTEE Jack Hirth, Advisor Bob Strouse 97 BAPTISMAL COMMITTEE Tim & Judy Wood 97 Al & Karen Cassels 97 Keith Cool 96 Mary Ann Jensen 97 BEREA VEMENT COMMITTEE Doris Jurney 96 Eugenia Ferguson 97 Dottie Nazzaro 97 CONSTITUTION & BY -LAWS COMMITTEE Maurine Lunsford 96 Tereesa Padgett 97 Bill Sowers 97 Bob Strouse - Deacon COUNTING COMMITTEE Margaret Koon 96 Cleo Bowers 97 Nonnan Strunks 97 Billie Hart 96 FLOWER AND DECORATING COMMITIEE Bob & Dot Sweeten 96 Dot Whittaker 97 Terry Patton 97 Heather Knuth 96 Proposed to Serve Judy Wood 98 John Gonsman Jr. 98 Jim Bailey 98 Audio Visual Home Touch: Bob Sweeten 98 Tim Wood 98 Thelma Cummings 96 Billie Hart 98 Teresa Shoe 98 Butch Squire 98 Tereesa Padgett 98 Leonard Hair 98 Gevay Maddern 98 Shannon Melear 98 2 Presently Serving HOSPITALITY COMMITTEE Bob & Dot Sweeten 96 Jim & Gladys Bailey 97 Julia DeChants 96 HOST AND HOSTESS COMMITTEE Janet Abbruzze 97 Norman Strunks 96 John & Wilma Melear 97 Leonard & Janet Nelson 97 Wilbur & Cleo Bowers - Welcome Desk KITCHEN COMMITTEE Jerry & Robin Davis - Food Service Director Gus Hart 97 Woody & Robyn Woodmanse 96 Bob & Dot Sweeten 97 Betty Patterson 96 Mabel Rockwood 97 Ginny Brookins 97 LmRARY COMMITTEE Jill Rovinelli 97 Mary Mauro 96 Bea Stringer 96 Rob Carleton 96 Bud Meadows 97 LANDSCAPE COMl\1ITTEE Gus Hart 97 Jim Bailey 97 Barbara DuBois 96 Dot Whittaker 96 Julia DeChants 97 LORD'S SUPPER COMMITTEE Al & Karen Cassels 97 Leonard & Janet Nelson 96 Lil Koch 96 Dot Koch 96 Proposed to Serve Althea Allen 98 3 I I I Presentlv Servine Proposed to Serve MISSIONS COMMITTEE Rob Carleton 96 Keith Cool 97 Dee Burton 96 Linda Johnson 97 Gus Hart 96 Bob Sweeten - Deacon MUSIC COMMITTEE Suzanne Shaw Evelyn Stuart 97 Grace Krivos Billie Hart 98 Choir Pres. NURSERY COMMITTEE Teresa Shoe 97 Cathy Patterson 96 Cathy House 96 PARKING COMMITfEE Paul Fordham 96 Bill Johnson 96 Robbie Sweeten 96 Jesse Moreno 97 PUBLICITY COMMIlTEE Bm WalIace 97 Susan Mahoney 96 Dee Burton 98 RENOVATION AND MAINTENANCE Bob Matson 97 Pat Stoner 96 Barry Brandenburg 98 George Marler 97 Bob Jensen 96 4 Presently Servin!!: USHERS COMMITTEE Tim Wood 97 Rick Melear 97 Bob Matson 96 Ushers Billy DuBois Leonard Nelson Gus Hart Russell Greene Wilbur Bowers David Allard Kurt Knuth VEmCLE COMMITTEE John Melear 96 Frank Lunsford 97 BUILDING COMMI'ITEE Dorothye Vaughan Doug Chisholm Billy DuBois TRUSTEES David Allard 96 - Deacon Buddy Stuart 97 Dorothye Vaughan 97 CHURCH CLERK CHURCH TREASURER Proposed to Serve Richard Boyd 98 Josh Chapman David Wade Rick Melear Cliff Melear Bob Sweeten Ryan Woodmansee SPECIAL COMMITTEES CHURCH OFFICERS Billie Hart 96 5 Presentlv Servine Proposed to Serve DIRECTORS Sunday School Bud Meadows 98 Discipleship WMU Marie Ross 98 G.A.'s Joann Brandenburg Wilma Melear Lynne Matson Mission Friends Teresa Shoe Sherry Melear Shannon Melear Heather Knuth Nellie Denahan R.A. 's Women on Missions Ann Lemos 98 Stewardship David Allard Sunday School Preschool Director - Brenda Cornn Babies - I-year olds - ~fayrJ W':?za?~ 2-year aids - Donna Zulauf 3-year olds - Teresa Shoe 4-year aids - Wilma Melear & Nellie Denahan 5-year aIds - Sandy Cummings, 6 '. . Children Director - Maurine Wiley Fonda Wallace, Substitute I st Grade - Lil Koch 2nd Grade - Diana Sowers 3rd & 4th Grades - Teacher 5th Grade - Linda Johnson , Helper - Dot Sweeten Youth Department Director 6th - 8th Grades - Pat & Butch Squire 9th - 12th Grades - Eddie Shoe ADULT DIVISION DivisiOfl- Leader Training Leader - Bill Johnson Outreach Leader Adult II Director - John Melear Adult II Ladies - Marie Ross Adult II Ladies - Dorothy Ross Adult II Co-Ed - Ann Lemos Adult II Co-Ed - Stanley Stringer and Richard Boyd Adult ill Director - Dorothye Vaughan Adult III Ladies - Bessie Stanley, Co-Teacher Adult III Men - Bob Shaw Adult III Co-Ed - Gary Cornn, Sr Adult IV Director Adult IV Ladies Adult IV Men Adult IV Co-Ed 7 Adult V Director - Bill Wallace Adult V Ladies - Rob Carleton Adult V Co-Ed - Bill Johnson Adult VI Director - Sherry Melear Adult VI Co-Ed - Rick Melear Children's Church (Ist - 5th grade) Rick & Sherry Melear - Directors / Cathy & Steve House f3.c6 //~ Ami rc:P;vse/ Robbie Sweeten . . (J Karen & AI Cassels 4 & 5's Children's Church Eddie & Teresa Shoe Cindy McDuffie Mary Ann Jensen Sandra Allard 8 14. Music Committee This committee shaIl consist of the minister of music, all employed musicians, the president of the sanctuary choir and at least two members at large, one of whom is not a choir member. Duties shaIl be to assist in carrying out the music ministry. 15. Nursery Committee This committee shall consist of at least three members. Duties shaIl be to enlist volunteer nursery workers as required. 16. Parking Committee This committee shaIl consist of at least four members. Duties shaIl be to enlist, train and schedule parking attendants for church services and activities as needed. 17. Publicity Committee This committee shaIl consist of at least three members. Duties shall be to promote any church services and activities through appropriate publications or other media. 18. Recreation Committee This committee shall consist of at least three members. Duties shall be to plan, organize and supervise the church recreational program. The committee shall be responsible for maintaining and storing recreational equipment and for recommending acquisition of additional equipment. 19. Renovation and Maintenance Committee This committee shall consist of at least four members. Duties shaIl be to determine the need for additional maintenance equipment and recommend its acquisition to the stewardship committee. They shaIl arrange for up-keep of all church owned buildings and related equipment. 20. Ushers Committee This committee shaIl consist of at least four members. They shall be responsible for enlisting, scheduling, and training the ush~rs. Ushers will welcome and seat guests and members and will receive the offering at worship services. 21. Vehicle Committee This committee shall consist of at least three members. Duties shall be to oversee the operation and maintenance of all church vehicles. The committee shall recommend to the church any policies relating to the use of the vehicles for church-wide ministry. ARTICLE IX SPECIAL COMMITTEES The church may have special committees as needed for specific ministries. A statement of purpose and expected length of ministry shall be set forth prior to establishing such a committee. Should it be necessary that the ministry of a special committee be continued beyond the stated duration, the chairman of that committee shall report to the church for evaluation. The church may then take whatever action it deems appropriate. 12 Sec. B. a. Education: This task will be to assist members to develop an understanding of and a commitment to the Biblical concept of individual and corporate stewardship. The committee shall establish and recommend emphases and activities to teach stewardship. b. Budget: This task will be the development, promotion and administration of the budget. The budget shall be reviewed by the deacons prior to its presentation to the church. The budget shall then be distributed to the congregation in writing and discussed prior to a recommendation by this committee for adoption in accordance with BY -LA WS ARTICLE IV, SEC B I or 2. They shall meet at least monthly to review the treasurer's report and to consider requests for expenditures as defined in the church committee manual. They will be responsible to ensure regular payment of all bills and obligations incurred by the church. c. Accounting: This task will be the establishment of sound procedures for receiving, counting, recording, disbursing, and reporting gifts of the church membership. They will be responsible for orientation and supervision ofthe counting committee, the treasurer, and an employed financial secretary. Church Ministry Committees The church may have the following committees as needed to facilitate the ministries of the church. Each committee member will be elected to serve for a three-year term and will be eligible for re-election at the end of that term. I. Academv Committee This committee shall consist of one deacon and at least four members at large. Duties shall be to exercise general supervision of the Christian Academy of Boynton, Inc. This committee is authorized to conduct all related financial and personnel matters under the direction of the pastor. A monthly status and financial report shall be submitted to the church in writing at each regular business meeting. 2. Audio-Visual Committee This committee shall consist of at least four members. Duties shall be to determine the church's needs for audio-visual equipment and supplies. They will recommend to the stewardship committee procurement of appropriate equipment. They will operate such equipment or instruct those who will use it. They will be accountable for issuance of equipment to responsible members for church use. They will provide appropriate maintenance or recommend replacement. 3. Baptism Committee This committee shall consist of at least two female and two male members. Duties shall be to assist the pastor in the preparation of candidates for the ordinance of Baptism. The committee will perform any other task requested to carry out this church ordinance. 4. Bereaved Familv Committee This committee shall consist of at least four members. Duties shall be to provide a meal if the bereaved family so desires. 10 b. An affirmative vote of two-thirds of the eligible members present shall carry a motion to dismiss a pastor when brought in accordance with ARTICLE III, Sec. A. 5. 5. Robert's Rules of Order (latest revision) shall be the parliamentary authority for conducting all business of the church not otherwise covered by the CONSTITUTION and BY -LA WS. ARTICLE V ELECTIONS: Sec. A. Officers The church officers, with the exception of the pastor and other staff ministers, shall be nominated by the nominating committee and elected by the church at the annual business meeting in September and shall assume their duties October I. Sec. B. All Members of Standing Committees shall be nominated in accordance with BY- LA WS ARTICLE VIII and elected at the annual business meeting in September and shall assume their duties October I. Sec. C. Directors The Directors of Sunday School, Discipleship Training, Stewardship Ministry, Women's Missionary Union and Brotherhood shall be nominated and elected at the April business meeting. The directors shall then assist the nominating committee as outlined in BY -LAWS ARTICLE VI and shall assume their other duties October I. Sec. D. All workers under the directors shall be nominated and elected at the September business meeting and shall assume their duties October I. ARTICLE VI DIRECTORS The directors shall be the Sunday School Director, Discipleship Training Director, Stewardship Director, Women's Missionary Union Director, and the Brotherhood Director. The directors shall be elected for a term of one year and shall be eligible for re-election after each term. Following their election, the directors shall serve as active members ofthe nominating committee for the purpose of assisting in filling the positions under their directorships. Their duties shall include leading their respective organizations as outlined by the Church Council. ARTICLE VII CHURCH COUNCIL The Church Council shall be composed of the Pastor, all other staff ministers, Chairman of Deacons, Sunday School Director, Discipleship Training Director, Stewardship Director, Women's Missionary Union Director, Brotherhood Director, Church Clerk, and Chairman of Trustees. The Church Council shall lead in planning, coordinating, conducting and evaluating the ministries and programs of the church and its organizations. They shall outline the entire program of the church presenting annually a church calendar of activities which will include all local, associational, state and convention-wide activities. 8 Sec D. Trustees: The trustees, upon the instruction of the church, have authority to execute any and all contracts, deeds, titles, negotiable papers and/or other legal contracts on behalf of the church, with the advice of counsel when deemed necessary. The trustees may act through their chairman whom they authorize and direct in their behalf to sign any and all legal indentures. The trustees shall be responsible for obtaining insurance coverage of all church property, said insurance being reviewed annually. They shall recognize all regular expenses of the church and ensure regular payment of all bills and obligations incurred by the church. The trustees shall provide through a local bank a safety deposit box in which they shall keep all legal papers and documents. They shall have charge of and be responsible for the key. The church secretary and church clerk will have access to the safety deposit box. The church shall elect three (3) trustees, at least one of whom shall be an active deacon. The trustees shall be nominated in accordance with BY -LA WS ARTICLE V, Sec. A. Trustees shall serve on a three-year rotation basis with one member being elected each year. They shall be ineligible for re-election until a one-year period has lapsed, with exceptions as deemed necessary. At the first meeting after election, the trustees shall elect a chairman-elect and a secretary. The trustees shall then be considered the president, vice-president and secretary, of the Corporate Body of the First Baptist Church of Boynton Beach, Florida, Inc. Sec. E. Church Clerk: The clerk shall be responsible for keeping minutes of the Church Council, regular and special business meetings of the church. At the outset of any business meeting, the clerk shall determine whether a quorum is present in accordance with BY-LAWS ARTICLE IV, Sec. B. 2 or 4. At the quarterly business meeting, the clerk shall recommend applicants for church membership and actions for termination of membership in accordance with church BY -LAWS ARTICLE I, Sec. A. and C. The clerk shall notify the church secretary of all membership actions. Upon church action on transfer of membership, the church secretary shall send verification to the requesting church or member. The church clerk shall be nominated in accordance with BY-LAWS ARTICLE V, Sec. A. The clerk shall be elected for a term of one year and shall be eligible for re-election at the end of each term. Sec. F. Church Treasurer: The treasurer shall be a member of well-known responsibility. The treasurer shall receive and disburse all monies received by the church and shall keep separate accounts of various funds as designated. The treasurer shall make complete monthly reports to the stewardship committee and to the church. The church books shall be open for inspection. The treasurer shall be authorized to counter-sign checks. The treasurer shall provide the stewardship committee all records necessary for preparing an annual audit of the church finances. The treasurer shall serve as a member of the stewardship committee. 6 Sec. B. The pastor shall oversee the ministry of the church in all areas of its work. He will exercise supervision and direction of the staff and church employees. He will be a non-voting ex-officio member of all committees and may attend all meetings. He shall serve as moderator at all church business meetings as outlined in BY-LAWS ARTICLE III Sec. G. 3. Pastor Search: When a vacancy occurs in the office of the pastor, the deacons shall nominate a Pastor Search Committee consisting of a chairman and six members who are representative of the entire membership. This committee may be elected by the church at any business meeting. The committee shall seek a qualified pastor and shall bring to the deacons for consideration the name of one candidate at a time. Having been approved by the deacons, the recommendation of the committee to the church shall constitute a nomination. Consideration for the call of a pastor shall take place following a Sunday morning worship service provided that one week previously an announcement has been made from the pulpit and members have been notified in writing. The vote shall be by ballot which shall be counted immediately in order that the result may be reported to the congregation on the same day. Quorum and voting eligibility shall be as designated in BY-LAWS ARTICLE IV, SEe. BA. Having accepted a call, the pastor shall serve the church for an indefinite period. 4. Problem Resolution: Should there be evidence of a problem involving the pastor it shall be the responsibility of the deacons to seek restoration in accordance with Matthew 18:15-17 and I Timothy 5:1, 19 & 20. They shall counsel with the pastor and any other persons involved in order to resolve the problem. Should further counsel be desired, advice may be sought through the Palm Lake Baptist Association or the Florida Baptist Convention. The deacons may call a meeting of the church to pursue problem resolution. 5. Pastoral Change: The pastor shall give at least a two week written notice to the deacons at the time of resignation before terminating his duties and responsibilities as pastor unless waived by mutual consent. Following unsuccessful problem resolution as set forth in BY -LA WS ARTICLE III Sec. A. 4, the deacons may recommend terminating the relationship between the pastor and the church at a meeting of the church called for that purpose in accordance with BY-LAWS ARTICLE IV Sec. E. 4. Other Staff Ministers: Upon recommendation of the pastor and the personnel committee. the church may call other ministers as needed. A job description shall be written for such a position by the pastor and personnel committee prior to the search. The staff ministers shall work with and under the direction and supervision of the pastor in carrying out their ministries. They shall assist in equipping the church to fulfill its MISSION as stated in CONSTITUTION ARTICLE IV. 4 BY-LAWS ARTICLE I MEMBERSHIP Any person may present himself for membership. Candidates for membership will be counseled by the pastor or a designated representative of the church prior to reception into church membership. Candidates for membership will be admitted by affirmation at a business meeting. The membership of this church shall consist of persons who have made a profession of faith in Jesus Christ as Lord and who have been baptized by immersion. Sec. A. Admission of Members: Membership in this church may be attained as follows: 1. By profession of faith in Jesus Christ as Lord, followed by the ordinance of baptism by immersion, 2. By transfer of letter from another Baptist church of like faith and order, 3. By statement offaith in Jesus Christ as Lord and previous baptism by immersion in another church of like faith and order, or 4. By restoration upon evidence of repentance following exclusion by action of the church. Sec. B. Watchcare: Watchcare constitutes provisional membership. 1. A person whose church membership is elsewhere may be received under the watchcare of this church for the purpose of ministry and fellowship. 2. Watchcare does not provide voting privilege. Sec. C. Termination of Membership: Membership may be terminated by death, by transfer of letter to another Baptist church of like faith and order, by written request of the member, by notification from another church that a member hasjoined another faith, or by exclusion by action of this church. In all cases except death the membership will be terminated by majority vote at a business meeting. Sec. D. Discipline It is the position of this church that every reasonable measure be taken to assist any troubled member. Redemption rather than punishment will be the guideline which governs the attitude of one member toward another. The pastor, other members of the church staff, and the deacons are available for counsel and guidance. Should some serious condition exist which would cause a member to become a spiritual liability to the welfare ofthe church, every reasonable measure will be taken by the pastor and by the deacons to resolve the problem in accordance with Matthew 18: 15-17. The church may vote to exclude such a member upon the deacons' recommendation at a special business meeting called for that purpose. The offending member will be notified of such action in writing. 2 CONSTITUTION and BY-LAWS \cl I ~. c/- O!\ . ;'1 ~ '\ X r'/-/ ~ FIRST BAPTIST CHURCH 301 N. Seacrest Blvd Boynton Beach, FL 33435 Revised 3/13/96 CONSTITUTION PREAMBLE: For the perpetuation of our faith in Jesus Christ as Lord, for the adherence to the Baptist doctrine as embraced by this body of believers, for this body to govern itself in a just and orderly manner consistent with our belief in an autonomous church, and for the preservation of the freedom inherent in the individual believer, we do ordain and establish this Constitution. ARTICLE I NAME: This congregation shall be known as the First Baptist Church of Boynton Beach, Florida, Inc., presently located at 301 North Seacrest Blvd., Boynton Beach, Florida, 33435, established January 26, 1925. It is a non-profit corporation, organized and existing under the laws of the State of Florida, filed on the 26th day of December 1963, and recorded with the Secretary of State of the State of Florida. ARTICLE II STATEMENT OF FAITH: The Holy Bible is the inspired Word of God. It is the basis for our STATEMENT OF FAITH and the sole authority in matters of faith and practice. This church subscribes to the doctrinal statement found in THE BAPTIST FAITH AND MESSAGE as adopted by the Southern Baptist Convention in 1963. ARTICLE ill RELATIONSHIPS: The government of this church is vested in the body of believers who compose it. It is subject to the control of no other ecclesiastical body. In so far as is practical, this church will cooperate with and support the Palm Lake Baptist Association, the Florida Baptist Convention, and the Southern Baptist Convention. Should any ofthese organizations forsake the historic doctrinal position cited in the above STATEMENT OF FAITH, such cooperation and support shall be discontinued. 1 ARTICLE IV MISSION STATEMENT Our mission at First Baptist Church of Boynton Beach is to be a loving body of Christ who, under the leadership of the Holy Spirit: Proclaims the good news of salvation through Jesus Christ; Teaches the Christian life as revealed in God's Holy Word; Nurtures Christian growth through worship, teaching, training, service, fellowship; and Ministers to the needs of our members, the community and the world. The MISSION STATEMENT presented above summarizes our church's purpose. As a body, First Baptist Church can do only what its members are doing. We will therefore encourage these activities as both individual and corporate pursuits. 1 Sec. E. Membership Roll: The church shall maintain a membership roll for the accuracy of active and inactive membership, and for determining a quorum. An active member shall be defined as a person who has joined this church in accordance with BY -LA WS ARTICLE I, Sec. A., and who maintains fellowship with the church through attendance and support. The church may place a member on the inactive roll if a concerted effort by the pastor and an assigned deacon has failed to re-establish church fellowship with that member after one year of non- attendance or non-support. ARTICLE II ORDINANCES The ordinances of this church shall be Baptism and the Lord's Supper. Sec. A. Baptism shall be by immersion and shall be administered publicly by the pastor, an ordained minister or deacon. Sec. B. The Lord's Supper shall be observed at least once a quarter, with such exceptions as may be deemed necessary, and shall be administered by the pastor, an ordained minister or deacon. ARTICLE III OFFICERS The officers ofthis church shall be the pastor, other staff ministers, the deacons, trustees, clerk, and treasurer. All officers shall be members of this church in good standing. They shall be faithful in attendance and contributing as God has prospered them, giving evidence of genuine interest in the ministry of this church. Failure to fulfill the duties of the office shall be grounds for removal from office. Sec. A. Pastor: The primary administrator, teacher and spiritual leader of this church shall be the pastor. I. Oualifications: The pastor shall be an ordained minister of the Gospel, a member of a Baptist church which is cooperating and in harmony with the Southern Baptist Convention. He shall believe in and be committed to the STATEMENT OF FAITH as set forth in CONSTITUTION ARTICLE II. 2. Duties: The duties of the pastor are: preaching the Word of God, administering the ordinances, leading and nurturing the congregation, caring for the spiritual needs of the church. He shall lead the church in fulfilling its MISSION as stated in the CONSTITUTION ARTICLE IV. The pastor shall serve with the deacons as a co-laborer in caring for the church members and shall be available for guidance and counseling. 3 Sec. C. 1. Staff Minister Call: The pastor and the personnel committee shall seek a qualified candidate. They shall make a joint recommendation to the deacons. Having received deacon approval, this recommendation shall constitute a nomination. A vote to call shall be as set forth in BY-LAWS ARTICLE IV, Sec. B, 2 or 3. Having accepted a call, a staff minister shall serve the church for an indefinite period. 2. Problem Resolution: Should evidence of a problem arise concerning a staff minister, the pastor shall be the first to offer counsel. Every reasonable measure shall be taken to resolve the issue with Christian love and kindness. The personnel committee shall assume responsibility for problem resolution if the matter remains unresolved. 3. Staff Minister Change: A staff minister shall give at least a two week written notice to the pastor at the time of resignation before terminating his duties and responsibilities unless waived by mutual consent. Termination of the relationship between the church and the staff minister shaIl be the responsibility of the pastor and the personnel committee. . Deacons: The deacons shall plan and lead in all matters concerning the welfare of the church. There shall be mutual support and accountability between the deacons and the pastor. As servant ministers of the congregation and co-laborers with the pastor, the deacons shall be engaged in caring for the church membership and leading the church to fulfill its MISSION. The deacons do not have authority in church administration except that delegated to them by the church. A deacon shall be male, having attained the age of twenty-one years. He shall have been a member of this church for a period of not less than one year and a baptized believer for not less than two years. According to the New Testament, he is chosen to this offIce for his wisdom, faith, and fullness of the Holy Spirit. His moral qualifications shall be as found in I Tim. 3:8-12 and Acts 6:3-6. The deacons and the pastor shall provide the nominating committeewtth the names of those persons who are eligible and recommended for nomination to the offIce of deacon. The nominating committee shall present to the church for election the name of one man for each vacancy. The church shall elect at least ten deacons for the first 150 families and additional deacons as needed. The deacons shaIl be elected using a three-year rotation system and will be ineligible for re-election until a one-year period has lapsed, with exceptions as deemed necessary. When a vacancy occurs, it shall be filled by regular or special election. The deacon elected to fill the vacancy shall serve the unexpired term only. Each year following the Annual Business Meeting, the deacons shall elect a chairman- elect, and a recorder. The deacons shall meet monthly, with exceptions as deemed necessary . 5 Sec. G. The treasurer shall be nominated in accordance with BY-LAWS ARTICLE V, Sec. A. The treasurer shall be elected for a term of one year and shall be eligible for re- election at the end of each term. Moderator: The church moderator shall be the pastor. As moderator he shall facilitate, in a non-partisan manner, the presentation of all church business. When personally involved, or in order to participate in discussion of pending business, he shall remove himself as moderator. In the absence of the pastor, the chairman of the deacons shall serve as moderator. In the absence of both, the church clerk shall call the meeting to order and a moderator pro-tern shall be elected. ARTICLE IV MEETINGS: Sec. A. Sec. B. Worshio Worship services shall be held on each Lord's Day and Wednesday evening, with such exceptions as deemed necessary. Business The moderator shall inquire of the church clerk at the outset of any business meeting whether a quorum is present and the clerk shall so record in the minutes. I. The annual business meeting of the church shall be held on the first Wednesday evening after the second Sunday in September. The church program year shall begin October I and end September 30. The fiscal year shall begin January I and end December 31. 2. Regular business meetings shall be held on the first Wednesday after the second Sunday of January, April, July & September. A quorum for a regular business meeting shall be 5% of the active membership 15 years of age and above. All such active members are eligible to vote. The church shall endeavor to seek unity in all church business. An affirmative vote of 75% of eligible members present shall carry any motion, unless otherwise specified. 3. Special business meetings may be called by the pastor, chairman of deacons, trustees or any committee provided an announcement has been made from the pulpit and the members notified in writing one week previously. Quorum and vote shall be according to BY-LAWS ARTICLE IV, Sec. B. 2. 4. Any item of business regarding the call or dismissal of a pastor or the sale, purchase, mortgaging or refinancing of real property shall be considered at a special business meeting called for that purpose. Such a meeting shall take place following a Sunday morning worship service. A quorum shall be 20% of the active membership 15 years of age and above. All such active members are eligible to vote. a. An affirmative vote of90% of eligible members present shall carry any motion except the dismissal of a pastor. 7 ARTICLE VIII STANDING COMMITTEES Unless stated otherwise the members of all standing committees shall be nominated by the nominating committee and elected by the church. Should a vacancy occur, the unexpired term may be filled immediately by the nominating committee with approval by the church at the following regular business meeting. Specific duties of committees are outlined in the Church Committee Manual. Sec. A. Church Program Committees The church shall have the following committees to assist in the planning and administration of the church program. Each committee member will be elected to serve for a three-year term and will be ineligible for re- election until a period of one year has lapsed. I. Committee on Committees This committee shall consist of one deacon and at least four members at large. Duties shall be to recommend to the church the creation of additional standing committees as needed. They shall inform all committee chairmen of their responsibilities and shall assist them in understanding how to carry these out. They will be a liaison between all committees and the church administration in functional matters. They shall review the Church Committee Manual at least every three years for appropriate revision. 2. Nominating Committee This committee shall consist of one deacon and at least four members at large. They shall be recommended to the church by the pastor and deacons at the annual business meeting in September and elected at the same meeting. They shall present at the May business meeting the names of those nominated as directors who will assist in contacting and enlisting qualified members as outlined in BY -LA WS ARTICLE VI. They shall nominate non-called officers of the church, department leaders, department workers and members of standing committees. All nominees shall be members of this church in good standing. They shall be faithful in attendance and contributing as God has prospered them, giving evidence of genuine interest in the ministry of this church. Failure to fulfill their duties shall be grounds for removal. Elections shall be in accordance with BY-LAWS ARTICLE V. 3. Personnel Committee This committee shall consist of one deacon and at least four members at large. It shall assist the church in matters related to employed personnel, including those called by church action. In cooperation with the pastor, their work shall include such areas as determining staff needs, employment, salaries, benefits, other compensation, policies and job descriptions. 4. Stewardship Committee This committee shall consist of the stewardship director, the treasurer, one deacon, one trustee, and at least five members at large. The stewardship director shall serve as the chairman of this committee. The duty of this committee shall be to develop and co-ordinate the overall stewardship ministry of the church. This committee shall be organized as outlined in the church committee manual. The functions of the committee are: 9 5. Constitution and By-Laws Committee This committee shall consist of one deacon and at least four members at large. They shall review the CONSTITUTION and BY -LA WS at least once every three years for appropriate revision. Recommendations for revisions or amendments may be made when deemed necessary, in accordance with BY -LA WS ARTICLE X. 6. Counting Committee This committee shall consist of at least four members. Duties shall be to count and deposit monies received through the church as directed by the stewardship committee. 7. Flower and Decorating Committee This committee shall consist of at least three members. Duties shall be to provide for the sanctuary floral arrangements and decorations as deemed appropriate for the Sunday services, holidays and other occasions. 8. Hosoitality Committee This committee shall consist of at least three members. Duties shall be to plan and prepare church-wide social activities. 9. Host and Hostess Committee This committee shall consist of at least four members. They shall assist the ushers in welcoming guests and members at all worship services and activities of the church. 10. Kitchen Committee This committee shall consist of at least three members. Duties shall be to oversee the operation and management of the kitchen. 11. Landscaoe and Grounds Committee This committee shall consist of at least four members. Duties shall be to determine the need for additional maintenance equipment and recommend its acquisition to the stewardship committee. They shall arrange for up-keep of all church owned grounds and related equipment. 12. Lord's Supper Committee This committee shall consist of at least four members. Duties shall be to prepare for serving the Lord's Supper and perform other tasks requested to carry out this ordinance. 13. Mission Committee This committee shall consist of one deacon and at least four members at large. Duties shall be to determine when and where new mission work shall be undertaken by this church, to lead in establishing ofmissions, to supervise and assist in such work to keep the mission in harmony with this church and with denominational programs, and to recommend the time for organizing a mission into a church. 11 A special committee and its members shall be recommended by the deacons and be elected by the church. All nominees shall be members of this church in good standing. They shall be faithful in attendance and contributing as God has prospered them, giving evidence of genuine interest in the ministry of this church. Failure to fulfill their duties shall be grounds for removal. Members shall be elected for the duration of the ministry up to a three-year term. They shall be eligible for re-election at the end of that term. AMENDMENTS ARTICLE X The CONSTITUTION and BY-LAWS may be amended at any business meeting, providing the amendment shall have been distributed in writing at a business meeting at least four weeks prior to the date on which the motion to amend is presented for vote. BY-LAWS ARTICLE IV, Sec. B 2 or 3 will apply. 13 , .'';~fl'!l';~.'''~~~A''', :.....~~.-.. '~ .' WR23:D.18 z: ~ of November, 1986, THIS INDENTURE, mBde this ~ THE 8RANTOftI HO\.JARD R. SCHARLIN, IndividuBllY and BS Trustee OBde County, FloridB AND THE QftANTU I FIRST BAPTIST CHURCH OF BOYNTON B~ACH, FLORIDA, INC. 301 North SeBcrest Blvd. PBlm BeBch County Boynton BeBch, FloridB .D CO (") U) N i:. WITNESS, ThBt SBid GrBntor, for Bnd in considerBtion of the sum of Ten DollBrs (tl0.00), Bnd other good and vBluBble considerB- tions to sBid GrBntor in hBnd ~Bid by sBid Grantee, the recei~t whereof is hereby Bcknowledged, has sold, grBnted Bnd bargained to the sBid GrBntee, Bnd the GrBntee's heirs end essigns forever, the following described lend, situBte, lying end being in: County, in Floride, to-wit: .::I N fi Ii SEE ATTACHED EXHIBIT .A. ..rIJ (}f.) ~ 0, (IV"' . "I, toO ,.SQJO This conveyence is mede subject to restrictions, reservetions, ~esements end limitetions of record, if eny, ~rovided thBt this shBll not serve to reim~ose seme, end SUbject to zoning or- dinences and other requirements im~osed by governmentel eu- thority, end subject to reel estete texes for the current yeBr end subs&Quent Yeers. The Grentor does hereby fully werrent the title to seid lend, end will defend thet seme egBinst the lewful clBims of ell ~ersons whomsoever. Grentor end Grentee ere used for the singulBr or ~lurBl, es the context requires. IN WITNESS WHEftEOF, Grentor hBS hereunto set Grentor's hand end seal the dBY Bnd yeBr first Bbove written. Signed, seeled end delivered in our presence' ~~N IndividuellY end es Trustee -f~~S'~\a.- ~. ~ '~ loJitnes (SEAL) STATE OF FLORIDA COUNTY OF DADE ) ) 2 ,.. 0 ' 00 _",TuN' ~- Iltu""'t\l. T.. ,.. h.,~".'l'. :t- :t- O -I ~ CTI CO o LI1 CD I HEREBY CERT:': thet on this day before me, en officer duly quelified to teke Bcknowledgments, ~ersonelly eppeered HOWARD R. SCHARLIN, to me known to be the person described in end who ex- ecuted the foregoing instrument end ecknowledged before me thet he executed the s.me. WITNESS, my hend end offlclel seel In seid this J-l- dey of November, 1986. ~~~ S'~\e>-- Notery Public My commission expires: the County end Stete Bfore- ~.n..,rr ~ .'~'. T': s'nt ~ FlOlllDj t:f l:).'''':,,:,',,;~ ; "f'. ..ore JI.UII . 0" ........;.:~..r ell"~!~ T;1C.\I W::;'.u,L us. UID. :~+f.Oi/!-~:r::: ~ARED BY AND RETURN TOI PHILIP G. BffAUN,. ESQ., ROYAL PALM TOloJERS III, SUITE SC, 1600 SOUTH DIXIE HIG~~Y.(IB9CA RATON, FLOR- IDA 33432. .. " - 1 of 2 .. ~YBYT . A. TO Uot.RRANTY ~ ~ HOWIIUm It" 8CHARI...YN" _ Truat_" TO P"YRST BAPTYST CHlJItCH Of' BOYNTON ~" P'LOIUDA" Y~ The property being conveyed from the Grantor to the Grantee is located in Palm Beach County. Florida. and described .s: A parcel of land lying in Section 29. Township 45 South. Range 43 East. Palm Beach County. Florida, more particularlY described as follows: COMMENCING at the Southeast corner of said Section 29; thence S. 88"02' 22" W. .long the South line th~re- of. . distance of 1445.58 feet to an intersection with the SoutherlY projection of the EasterlY Right-Of-Way line of the Lake Worth Drainage District Canal E-4 as described in that Quit Claim Deed to the Lake Worth Drainage District and recorded in Official Record Book 2146, Page 176 of the Public Records, of Palm Beach County, Florida; thence N. 00"24' 11" E. along said projection line, a distance of 305.61 feet; thence N. 20"54' 51" W. along the East Right-of-Way line of said Lake Worth Drednage District Canel E-4,: a distence of 553.79 feet to the POINT OF BEGINNING of this descrip- tion; thence continue N. 20"54' 51" W. along the East Right-of-Way line, a distence of 9;2"28 feet to a Point of Intersection with the WesterlY projection of the South line of "PALM BEACH LEISUREVILLE SECTION 3", as recorded in Plat Book 28, Page 243, 244 of the Public Records of Palm Beach County, Florida; thence N. 65"52' 06" E. along said South line. a distance of 248.35 feet to the Southeast corner of Lot 4, Block 23 of said "PALM BEACH LEISUREVILLE SECTION 3"; thence N. 88"26' 51" E. a distance of 60.00 feet to a Point of Intersec- tion with the West line of Block 33 of, 'LAKE BOYNTON ESTATES PLAT NO.2". as recorded in Plat Book 14, P~ge 17. of the Public Records of Palm Beach County, Flor- ida; thence N. 01"33' 09" W. along said West line, a distance of 180.09 feet to the Northwest corner of Lot 12. Block 33 of seid "LAKE BOYNTON ESTATES PLAT NO.2"; thence N. 88"26' 51" E. elong the North line of seid Block 33. e distance of 368.39 feet; thence S. 01"06' 24" E. e distence of 440.30 feet to e Point of Curve- ture: thenc~ SoutherlY along the are of e curve to the left having a redius of 1540.00 feet, a central angle of 18"06' 13", an lire distllnce of 486.59 feet to e point of reverse curvature; thence continue SoutherlY IIlong the arc of a curve to the right having II radius of 1750.00 feet, II central engle of 09"11' 48", IIn ere distence of 280.90 feet; thence S. 88"26' 51" W., e distance of 467.85 feet to the POINT OF BEGINNING. Seid lands situate in the City of Boynton Beach, PlIlm Beech County. Florida. Containing 14.0258 ecres, more or less. The above description being in IIccor- dence with a survey of Caulfield & Wheeler. Inc., dated November 12. 1986, Job No. 387. U'l :1'" o ~ 0... f"'I 00 C U'l Q:) EXCEPTING THEREFROM, such portion of the above described property es is e portion of end contllined within the the follow- ing described property, to wit: Lots 9 through 29 inclusive of Block 39; Lots 1 through 28 inclusive of Block 44; Lots 1 through 25 inclusive of Block 45; all of Block 46; all of LAKE BOYNTON ESTATES. PLAT NO.3, accord- ing to the Plllt thereof on file in the Office of the Clerk of the Circuit Court in and for P~lm Beach County, Florida. recorded in Plat Book 13, Pllge 53. 2 of 2 RECORD VERIFIED PALM BEACH COUNTY. FLA. JOHN B. DUNKlf CLERK. CIRCUIT COURT GO cr r- ::.t' -i .... .D CXl .,./J ()() ~tJ, gv-' 9.eoO "SQ.JO A- ~JjI\. ~'. .....~~...;.-,; .' WR23:D.18 ~ 7{: 01' November. 1986. THIS INDENTURE. made this BETWEEN THE eRANTORI HO~ARD R. SCHARLIN. Individually .nd as Trustee Dade County. ~lorida AND THE 8RANTEE1 FIRST BAPTIST CHURCH O~ ~OYNTON B~ACH, FLORIDA. INC. 301 North Seacrest Blvd. Palm Beach County Boynton Beach. Florida M U') N ~ WITNESS. That said Grantor. for and in consideration of the sum of Ten Dollars (110.00), and other good end valuable considera- tions to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has sold, granted and bargained to the said Grantee. and the Grantee's heirs and assigns forever, the following described land, aituate, lying and being in: County, in Florida, to-wit: .:z N ~ I ~~E ATTACHED EXHIBIT "A" This conveyance is made subject to restrictions, reservations, ~asements and limitations of record, if any, provided that this shall not serve to reimpose same. and aubject to zoning or- dinances and other requirements imposed by governmental au- thority, and subject to real estate taxes for the current year and subsequent yeers. The Grentor does hereby fullY warrant the title to said lend, and will defend that same'egainst the lawful claims of all persons whomsoever. Grantor and Grantee are used for the singular or plurel, as the context reQ~ires. IN WITNESS WHEftE~, Grantor hes hereunto set Grantor's hand and seal the day end yeer first above written. Signed, sealed end delivered in our presence: :lI:~N Individually and as Trustee -f~~~~\a-- ~. . '~ Witnes (SEAL) STATE OF FLORIDA COUNTY OF DADE ] ] 2. ~ 0 . 00 _.,., ,.. .. . 1,".",L~'lIt T." f'. ~r.,~rl"l.' ::.t' ::.t- O -i CL fTl CO o LIl CD I HEREBY CERTIFv _~at on this day before me, an officer duly Qualified to teke acknowledgment., personally appeared HO~ARD R. SCHARLIN, to me known to be the person described in end who ex- ecuted the foregoing instrument and acknowledged before me that he executed the s.me. WITNESS. my hand and official seal in .aid this J-t- day of November, 1986. ~~~ S.~\~ Notary Public My commi.sion expires: the County and State afore- ~J".rr ~"'~'"I'; S'~'E C' HOllmj . "." ..-,:' "' f':( n.':".~_\~~-j:' ;.;,P~ ..~( U 1". . ..". .~.... -r, ; Bl'~!!O r.<. (,(.."OlIlS. no. .:?\"~UTA:/'?;' rw~~ARED BY AND R~TURN TO. PHILIP G. B~UN..ESQ.. ROYAL PALM TO~~RS III, SUITE ~C. 1600 SOUTH DIXIE HIG~~Y-~89CA RATON. FLOR- IDA 33432. . .::>>.....- ". ..." .. '. 1 of' 2 .. RlCHr.rT . 1It.. TO YARItAN'TV IWPIPn ~ ttaMIm It" 8CHAJtL.IN. _ Truat... TO '11tST ~IST CKJJtCH at' IIOYNTON BVoCH" tr1.OJtIDA. INC" The ~ro~erty being conveyed from the Grantor to the Grant.. is located in Palm Beach County, ~lorida, and ,described as: A parcel of land lying in Section 29, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: COMMENCING at the Southeast corner of said Section 29; thence S. 88-02' 22" W. along the South line th~re- of, a distance of 1445.58 feet to an intersection with the Southerly projection of the Easterly Right-of-Way line of the Lake Worth Drainage District Canal E-4 as described in that Quit Claim Deed to the Lake Worth Drainage District and recorded in Official Record Book 2146, Page 176 of the Public Records of Palm Beach County, Florida; thence N. 00-24' 11" E. along said projection line, a distance of 305.61 feet; thence N. 20"54' 51" W. along the East Right-of-Way line of said Lake Worth Drainage District Canal E-4, a distance of 553.79 feet to the POINT OF BEGINNING of this descrip- tion; thence continue N. 20-54' 51" W. along the East Right-of-Way line, a distance of 9;2.28 feet to a Point of Intersection with the Westerly projection of the South line of "PALM BEACH LEISUREVILLE SECTION 3", as recorded in Plat Book 28, Page 243, 244 of the Public Records of Palm Beach County, Florida; thence N. 65-52' 06" E. along said South line, a distance of 248.35 feet to the Southeast corner of Lot 4, Block 23 of said "PALM BEACH LEISUREVILLE SECTION 3"; thence N. 88-26' 51" E. a distance of 60.00 feet to a Point of Intersec- tion with the West line of Block 33 of "LAKE BOYNTON ESTATES PLAT NO.2", es recorded in Plat Book 14, P~ge 17, of the Public Records of Palm Beach County, Flor- ide; thence N. 01"33' 09" W. along said West line, a distence of 180.09 feet to the Northwest corner of Lot 12. Block 33 of said "LAKE BOYNTON ESTATES PLAT NO.2"; thence N. 88"26' 51" E. along the North line of said Block 33, a distance of 368.39 feet; thence S. 01"06' 24" E. a distance of 440.30 feet to a Point of Curva- ture; thenc~ Southerly along the arc of a curve to the left having a radius of 1540.00 feet, a central angle of 18"06' 13", an arc distance of 486.59 feet to a point of reverse curvature; thence continue SoutherlY along the arc of a curve to the right having a radius of 1750.00 feet, a central angle of 09-11' 48-, an arc distance of 280.90 feet; thence S. 88-26' 51" W., a distance of 467.85 feet to the POINT OF BEGINNING. Said lands situate in the City of Boynton Beach, Palm Beach County, Florida. Containing 14.0258 acres, more or less. The above description being in accor- dance with a survey of Caulfield & Wheeler, Inc., dated November 12. 1986, Job No. 387. LI1 ;- o -4 Q... fTl 00 o LI1 CX) EXCEPTING THEREFROM, such portion of the above described property as is a portion of and contained within the the follOW- ing described property, to wit: Lots 9 through 29 inclusive of Block 39; Lots 1 through 28 inclusive of Block 44; Lots 1 through 25 inclusive of Block 45; all of Block 46; all of LAKE BOYNTON ESTATES, PLAT NO.3, accord- ing to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for P~lm Beach County, Florida, recorded in Plat Book 13, Paoe 53. 2 of 2 RECORD VERIAEO PALM BEACH couNTY. Ft.A. JOHN B. DUNKLE CLERK. CIRCUIT COURT \~ , ~.rct ~q-' ChJJclQ rR-' ~~~ kr.c~ -r:: J ~ . 1 \. , ;1" f( 7 nL..l:>T \J D 1- trC"G\ 'y- I lv-cP[)C,<,. , ~/,",~ y. I 'J o WI ~ ill NOTICE AFFIDAVIT ill ffJVf7., STATE OF FLORIDA CITY OF BOYNTON BEACH PLANNING AND lONING OEPT BEFORE ME THIS DAY APPEARED MARK RICKARDS, \VHO BEING DULY S\VORN, DEPOSES AND SAYS: I. The submitted property owners list is, to the best of my knowledge, a complete and accurate list of all property owners, mailing addresses and property control numbers as recorded in the latest official tax rolls obtained from the Palm Beach County Property Appraisers Office for all property within 400 feet of the property which is the subject of this request. 2. The attached property owners list includes, to the best of my knowledge, all affected property owners, municipalities, counties, homeowner associations, and property owner associations in accordance with the requirements of the policies of the City of Boynton Bea The foregoing instrument was acknowledged before me this ~ day of No IJ . . 19 ~ by 1'\ A 'lZ.K T iZ ICll.lVlro(name of person acknowledging), who is (p.ersonally known to me) or Q1as produced as identification) and who did/did not take an oath. /p~~d~ Signature of Person taking Acknowledgment ;rll/Jr t?~./ r$.l.~urz.. Name of AcknowledgeI' Title or Rank Serial Number Notary's Seal ~;}~f :~~,kt~l~l~{f~:::. R.. ;-,,~j '1:-b~ (\'"7,,-f \CC"ct ! ,\}jd ~( :=f ~ ~c..c \", LAY\ol \)0/ ~d ~N?~ Y(c1lQ ~C'+- ~ - :1- NOTICE AFFIDAVIT STATE OF FLORIDA CITY OF BOYNTON BEACH BEFORE ME THIS DAY APPEARED MARK RICKARDS, WHO BEING DULY SWORN, DEPOSES AND SAYS: 1. The submitted property owners list is, to the best of my knowledge, a complete and accurate list of all property owners, mailing addresses and property control numbers as recorded in the latest official tax rolls obtained from the Palm Beach County Property Appraisers Office for all property within 400 feet of the property which is the subject of this request. 2. The attached property owners list includes, to the best of my knowledge, all affected property owners, municipalities, counties, homeowner associations, and property owner associations in accordance with the requirements of the policies of the City of Boynton Bea The foregoing instrument was acknowledged before me this fl- day of NO 11 . , 19 ~ by I"'IAU-K T. iZ.'clL....l'l!).')(name of person acknowledging), who is (Rersonally known to me) or ~1as produced as identification) and who did/did not take an oath. Jl%"aL/c3~~ Signature of Person taking Acknowledgment frt/l-J II" I ,g.l.~u,,-- Name of Acknowledger Title or Rank Serial Number Notary's Seal {~i :Ef~~};~~~jtf'~;::.