CORRESPONDENCE
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Galav Lusia
From:
Sent:
To:
Subject:
Rumpf, Michael
Wednesday, December 20,20001 :18 AM
Galav Lusia
Agenda Request Forms
FYI, I have completed for Anne the request form sending the Wood Partners rezoning to first reading on 1/02/01, and did
the same for the Boynton Shoppes item since I could not find evidence that it was prepared. I believe the one for BJ's was
the one that Dick prepared and I finished/forwarded in his absence. We should be ok for this set. I should have had Anne
prepare them for practice but since I will not be here to guide and you are booked, we will use another set for training.
Mike
1
"
December 8, 2000
Mike Rumpf
Planning and Zoning Director
City of Boynton Beach
100 E. Boynton Beach Blvd, P.o. Box 310
Boynton Beach, FL 33425-0310
Subject:
Wood Partners Rezoning (REZN 00-003)
Dear Mr. Rumpf,
Gables Residential, through a series of legal entities fully within our cotporate umbrella, owns Gables
Boynton Beach, a 540-unit rental apartment community that is within the Woolbright Place Poo. As the
land area on which this two-phase community is situated comprises the majority of the total acreage in this
POO, Gables Residential must endorse any amendments to the existing approved master plan.
We are aware that the First Baptist Church of Boynton Beach owns 14.18 acres on the west side of SW 8th
Street, which is across the street from Gables Boynton Beach. We are also aware that this parcel was
formerly a part of the Woolbright Place POO. In our records, we have a copy of a letter dated October 24,
1997, written by Greg Iglehart (Gables' VP of Investments) to the City of Boynton Beach which granted the
church permission to exit the POO. Principals at Wood Partners have made the senior executives at Gables
Residential aware that Wood intends to develop the church's property with 216 apartments. We funher
understand that a request to change the church property's land use designation to high density residential has
been approved by the state's Department of Community Affairs and that, if the following rezoning is
completed (Case No. REZN 00-003), the church will have the right to build 153 dwelling units on its 14.18
acre property. In addition to rezoning this property, the church funher desires to have its 14.18 acre tract
rejoined to the Woolbright Place PUD, in order to take advantage of 63 of the 67 swplus units that remain
within the POO.
This letter is intended to inform you that Gables Residential, through its wholly owned affiliate companies,
hereby consents to the above-referenced application for rezoning and master plan modification as submitted
by the applicant, Wood Partners LLC. We at Gables wish the church much success with the expansion and
renovation of its downtown campus.
~KindRe:, _
. J Clark
enior VP and Chief Investment Officer
cc: Greg Iglehart
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DE:. 5,2000 3, 38PM WOOD PARTN~:,S
NO.2719 P. ~/4
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WOOD PARTNERS
2700 N. M1UTARY TRAIL
SUITE 130
BOCA RATON, FL 33431
PHONE:S61-893-0094
FAX: 561-BJ3.0095
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12/04/2000 15:21 FAX 4013642040
HDRANDALL
laI01
December 4, 2000
Richard Hudson
Department of Plarming and Zoning
Town of Boynton Beach
Boynton Beach, Florida
To The Planning and Zoning Commission:
Being unable to attend the meeting December 51h concerning the rezoning of the property
Owned by the Baptist Church north of Woolbright Road and East ofE 14 Canal (14.18
acres), I would like this read into the m.inutes at thc public hearing.
I own 707 Canal Way adjacent to the afore described property being rezoned for
residential use.
The following are areas of my concern:
1. I must be assured the screening provided by the developer to reduce access
and noise and improve security is done with natural ficus on a berm and not
with fencing.
2. This screening must be placed south of the power line ROW to preserve the 2
hibiscus trees that Kevin Hallahan described as specimen trees.
Sincerely YOllTS,
~.d4..,fi...L ,
C. Ra; Ph~~
PO Box 554
Charles town, RI 02813
40] 364.7562
Kilday & Associates
Landscape Architects/ Planners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522 . Fax (561) 689-2592
www.kildayinc.com
November 6, 2000
Lucia Galav, AICP
Senior Planner
100 E. Boynton Beach Blvd., Box 310
Boynton Beach, FL 33425
RE: Response to TRC comment letter for Woolbright Place PUD (MPMD)
Ourfile145 1.4
Dear Mrs. Galav:
Please find attached ten copies of revised Master Plan for the Woolbright Place PUD.
The plans have been amended to incorporate the November 3, 2000 TRC 1st Review
comments. Each Comment is addressed as follows:
UTILITIES
1. Utilities are available to service this project. No response necessary.
ENGINEERING DIVISION
2, The traffic movements at the entranceway onto SW 8th St. are shown on the
proposed site plan. The traffic movements for SW 8th St. and Woolbright Road
will be provided.
3. The SFWMD surface water management permit will be amended to reflect the
proposed uses on the property.
4. No response is necessary at this time.
PARKS & RECREATION
5. The 1990 settlement agreement specifically allowed for amendments to the
Woolbright Place PUD Master Plan in accordance with the City requirements at
the time the application is being made.
6. The applicant concurs that the recreation dedication requirement is 3.24 acres, or
1.62 acres with the Y2 private recreation credit.
7. The recreation fee will be due prior to building permit being issued.
8. As built plans showing irrigation lines in the right-of-way and medians will be
provided to the Parks Division at the close of the construction contract.
9 The applicant will continue to work with the Parks Division staff to ensure that
the recreation elements on the plan will qualify towards the Y2 credit.
Comments 10 -14: This application will amend the Master Plan to add the 14.1 acre
tract (named Pod 4) to the overall Woolbright Place PUD. No modifications have
been made to any part of the approved PUD other than the addition of Pod 4. Any
existing development within the PUD that is not in conformance with the
approved Master Plan should be evaluated on a site by site basis. They are not
related to this Master Plan modification.
PLANNING & ZONING
15. The floor area for Pod 4 has been revised to match the Alta Chase site plan. The
tabular data that was affected by the floor area change has been revised as well.
16. The L.D.I. calculation for the recreation area of Pod 4 has been added to the plan.
17. The site data has been revised to show the total unit count and acreages for each
Pod.
Please call me if you need additional information.
/..Y/1 ~
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Kilday & Associates
enclosures
DEC. 5.20CO 3, 39PM
woc~ PARTN~RS
~In 2719 P. 2,/4
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RUDEN
MCCLOSKY
SMITH
SCHUSTER &
RUSSEL.L, RA.
21:ll,.Al(tvlEW AVlN\JE
sum MIO
WEST PALM lEACH. FlO~O^ J.J.401~112.
(561) .3&453_
f.-JC: (561) .J~3036
~UoeN.COM
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February 18,2000
VIA FAX (561-893-0095) AND U,S. MAIL
Mr. Jason McArthur
Wood Partners
2700 North Military Trail, Suite 130
Boca RaIon, Florida 33431
Re: Putcbase from First Baptist Church: Impact of"Tradewinds" Court Settlement on
Future Rezoning of the Site
Dear Jason:
You asked me to review the possible impact ofllie so-called '"Tradewinds" stipulated
settlement on your plan to petition the City of Boynton Beach to allow you to construct
apartments on this :%: 14 acre site (the "Property''). Your petition will involve several legislative
actions by the City. Each requires the City to exercise its "police powers," including amendment
of the Comprehensive Plan Future Land Use Map (PLUM) to change the land use category from
"commercial" to "residential," ameadment of the Zoning Map to change the zoning from
"commercial" to an appropriate residential zone, and some sort of site plan approval.
For various reaso~ which are indicated below, ( did not conduct a full"due diligence"
review of this marter. My comments are limited to materials provided by you, to the City'!
adopted. plans and to materials which are easily accessible in the public record. I believe that I
can give you some comfort that there are no technical issues arising from certain past litisatton
inVOlving this site that prevent you from filing applications with the City to change the
property's land use and zoning to accommodate the residential development you are seeking.
~ you know, this Property was originally part of a larger development (known as
"Woolbright Place pun") wbich has a colorful zoning history, including a 19871awsuit which
resulted in a stipula1ed court settlement directing its rezoning. It is my further understanding that
in approximately 1998. the City pmnittcd the current owners to sever the Property from the
development, CODCUlTcntly changing its Comprehensive Plan land use desiption and rezoning
the site to pennit a medical office/nursing home/eLF combination. Your proposal would
essentially reverse this decision, restoring the property to its orilinal residential designation
within the larger "Woolbright Place PUD" project. You ask whether the stipulated settlement
agreement, which is . matter of public record, in any way impain or limits your ability to amend
the Property's current land use and zoning designations in the manner described.
WP8; 109959:1
FORTlAUO~RO^LE .. MIAMI. NAPlES . ST.PETERSBURG . SARASOTA. TALLAHASSEE. TAMPA. weSTPAlMBEACH
DEC. 5.2000 3: 39P\J1
WOOD _P A RTN ER S
NO.2719 P. 3/4
February 18,2000
Page 2
Our legal research indicates that Florida law takes II soict approach to "contract zoning,"
The C~ law provides that the exercise of a municipality's legislative powen, such as zoning,
camwt be qualified or limited by contracL A contract purporting to require or bind the City to
rezone land or exercise some other discretionary (Le. legislative) power is void. A stipulated
settlement agreement is considered to be a form of contract, and therefore caDJlot bind a
municipality in exercising its legislative powers prospectively, inc::ludina chan&ing land use and
zoning. Since your proposal involves the exercise of several discretionary "police powers" by
the City, the: Tradewinds stipulated settlement agreement cannot limit the exercise of those
powers and formal amendment is unnecessary.
~ Although amendment of the stipulated settlement agreement is not ~ required to
accomplish your goals, it nevertheless appears from the record that the City has II histo1)' of
giving the agreement special weighL The records you supplied me indicate that the stipulation
was amended on at least oue occasion involving a change in signaae at the Cracker Barrel
Restaurant. Since I do not have access to a complete case record, I cannot explain the City's
action. My impression is that the "Tradewinds" case was so politicized and controversial that
staff may act cautiously, perhaps attempting to impose additional steps or review standards in the
approval pro<:ess which arc not technically required as a matter of law. If you feel that this
occurs, please let me know so that we: can address the issue.
For example, it appears that the City has included a copy of the Tradewinds stipulation in
the support documents which provide the factual basis for the Land Use Element of the City's
Comprehensive Plan. The significance of incorporating the Trade~ stipulation by reference
into the Comprehensive Plan in this manner is unclear. I would need to do additional research on
the history of the Plan and the history ofthc Tmdcwi.nds settlement which I can omy get from the
City. My initial impression is that the reference to the stipulation in the addendum to the
Comprehensive Plan is in tile nature of a "footnote," rather than a subsrantiV1: provision
controlling land uses on the site.
The significance ofbaviug the stipulated settlement agreement attached to the
Comprehensive Plan may be moot since you are required to apply for a Comprehensive Plan
amendment in any case to cbanae the commercial. land use designation presently assigned to the
site. If an issue does arise about the stipulated settlement agreement, it can be addressed
simultaneously. In the interest of time and minimizing the expense of my doing research. 1 did
not review the City Comptehensive Plan and its history in detail. I can only do this by going to
City Hall to review records. Since City staff seem to be supportive at this point and the status of
!he stipulated settlement agreement does not appear to crea1e a thresh.Qld issue that would prevent
rou frOm movinR forward with your plans. I would fold such rcxarch into your Plan
Amendment Application.
On II relllted matter, you may recall that I did bring to your attention the fact that the
existina concurrency certification for the project should be carefully reviewed. If you intend to
increase residential density on the site above the current approval. you must assure that adequate
WP9:1099S9:1
DEC. 5.2000 340PM
WOOD PARTNERS
NO.2719 F. '/4
February 18,2000
Page 3
public services are available. I suspect that the area of primary coucem will be traffic
concurrency, especially a~ the mters<<tioDS of Woolbright Road, 1.95 and Congress Avenue. You
may be able to count on the certified intensities assigned to the Church's medical office/nursing
home/eLF development (I am assuming that there was no expiration date imposed on the
Church's concurrency certification). However, a traffic engineer will have: to translate
commercial intensity into sufficient residential inteDSity to meet yaW' needs. I recommend that
your site: planner and traffic engineer investigate these issues and report back to you as soon as
possible,
I hope I have adequately addressed your iJDmediate concerns. Please let me know if you
wish me, to do any additional' worle on this matter. For the moment, I will'consider- my task to be
completed. Thank you for giving me an opportunity to serve you. If you have any additional
requirements, please feel free to call me
Sincerely yours,
'f;~()Iu
Frank S. Palen, A1CP
Attorney
WP$: 109959: 1
DEe, 5 2000' 3 36FM
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