Loading...
O98-25ORDINANCE NO. 098-.-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF THE FIRST BAPTIST CHURCH OF BOYNTON BEACH (APPROXIMATELY 14.18 ACRES OF LAND) AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED UNIT DEVELOPMENT (PUD) TO PLANNED COMMERCIAL DEVELOPMENT (PCD); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE, WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Ellen Smith of Unruh, Smith and Associates, Inc., agent for the First Baptist Church of Boynton Beach, owners of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of 14.18 acres, said land being more particularly described hereinafter, from Planned Unit Development (PUD) to Planned Commercial Development (PCD); and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend hereinafter set forth. NOW, THEREFORE, BE the aforesaid Revised Zoning Map as IT ORDAZNED BY THE CITY 1 II COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: 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. be and the same is hereby rezoned from Planned Unit Development (PUD) to Planned Commercial Development (PCD). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Attached as Exhibit "B" is a copy of the conditions/requirements for this rezoning, which are ~ncorporated herein. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3.' All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: ge. FIRST READING this ~' day of SECOND, FINAL READING and PASSAGE this This ordinance shall become effective immediately upon ,1998. day of ~' ,1998. A'I-I'EST: Cit~Clerk CT1-Y OF BOYNTON BEACH, FLORIDA ssioner Commissioner DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: First Baptist Church of Boynton Beach APPLICANT: First Baptist Church of Boynton Beach APPLICANT'S AGENT: Ellen Smith APPLICANT'S ADDRESS: 105 S. Narcissus Avenue, Suite 503, West Palm Beach, FL 33401 DATE OF HEARING BEFORE CITY COMMISSION: January 20, 1998 TYPE OF RELIEF SOUGHT: Land Use Amendment/Rezoning LOCATION OF PROPERTY: % mile east of S.W. 8th Street and Woolbright Road on the east side of S.W. 8th Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". The Applicant's application for relief is hereby ~X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ~DATED: City Clerk J:\SHRDATA\Planning\SHARED\WP\Projects\First Baptist Church of BB\LUAR\DEVELOPMENT ORDER.doc · EXHIBIT "B" . Conditions of Approval Project name: First Baptist Church of Boynton Beach File number: LUAR 97-002 Reference: .The plans consist of 3 sheets identified as 2nd Review, Land Use Amendment/Rezonin~. Fih~ #LUAR 97-002 with a November 25, 1997 Plan :and Zon' ............. , ............ , t~ axxu z~u~ ~ ~ ~, g xaepm unem clare stamp marking. DEPARTMENTS I iNCLUDE I REBECT PUBLIC WORKS Comments: 1. Dumpster locations are not adequate. Locations must remain X unobstructed and easily accessible by Public Works vehicles. Include detail drawing for dumpster enclosures on Master Plan. UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 2. Changing of Tract F froTM PUD to PCD requires as a next step in this X process, platting in accordance with LDR Chapter 2, Section 6.F. 12. 3. Each facility shall have the appropriate number of handicap parking X spaces per the latest edition of the Florida Accessibility Code. 4. Show the total number of parking spaces provided under the "Parking X Chart". 5. Under the "Notes" heading, add to the comment referencing re-routing X the FPL power lines, the following: All existing utility easements not needed shall be abandoned and all new easements required shall be shown on the master plan and plat. 6. Obtain a 20 foot drainage easement for the drainage pipe from the lake X across the Palm Beach Leisureville property and relocate the existing 20 foot drainage easement within the project to fall within the center of the existing 30" R.C.P. 7. Provide a master storm water management plan outlining the primary X and secondary drainage and stormwater facilities needed for the development. [LDR Chapter 3, Article IV, Section 3.T.] Page 2 First Baptist Church of Boynton Beach File No, LUAR 97-002 DEPARTMENTS I INCLUDE REJECT 8. Provide a set of "typical" dimensions for the parking lot areas to show X the parking stall lengths and the minimum backup distance as specified in Standard Drawing B-90013. BUILDING DIVISION Comments: 9. Add to the master plan and paving and drainage plan notes, symbols and X dimensions that will represent the location and width of at least one accessible route that is required from the abutting public street to an accessible building and/or each tenant space entrance for all three buildings. [Florida Accessibility Code for Building Construction, Section 4.3, Accessible Route] 10. Add to the master plan and paving and drainage plan notes, symbols and X dimensions that will represent the location and width of the accessible route that is required from the access aisles located at each accessible parking space to an accessible building and/or each tenant space entrance. [Florida accessibility Code for Building Construction, Section 4.6, Parking and Passenger Loading Zones] 11. Place a note on the paving and drainage plan indicating that the site is X designed in compliance with the Florida Accessibility Code for Building Construction. 12. The master plan shows the footprint of the medical office building within X the water management easement and the footprint of the C.L.F. building within a FPL easement. Relocate the buildings or extinguish the easements. Note the footprint of the nursing home appears to abut the FPL easement. Building overhangs are not allowed within an easement. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 13. On the master plan provide information regarding the location, size and X availability of utilities for the proposed complex (LDR, Chapter 3, Art. IV. Sec. 3.P) 14. In order to conform to landscape regulations, indicate on the master plan X Page 3 First Baptist Church of Boynton Beach File No. LUAR 97-002 DEPARTMENTS INCLUDE REJECT that a 40 foot spacing for the proposed buffer is the maximum, not "typical". 15. It is recommended that design of the landscape buffer along SW 8th X Street be consistent with the Land Development Regulations yet coordinated with the design of the Cracker Barrel buffer with respect to proposed species, spacing and configuration. 16. Maintain affiliation with the Woolbright Place Master Association in X fulfillment of original obligations to collectively support the master drainage and landscaping facilities within the Woolbright Place PUD. 17. Provide a unity of control document as required by the Land X Development Regulations. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 18. None. X ADDITIONAL CITY COMMISSION CONDITIONS 19. The proposed 67,500 medical office building will be reduced to 39,700 X 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. 20. A deed restriction will be recorded in the official land records limiting X 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. 21. Prior to the occupancy of any building on-site, the owner of the property X will install traffic calming devices along the two-lane portion of SW 8th Street, as approved by the City Engineer. 22. The City shall permit no other uses of the property other than those X described in Item 20 above without City Commission approval. 23. If the building permit or land development permit is not obtained within X an 18 month, the zoning would revert back. 24. City staff would look into limiting truck traffic on SW 8th Street. X /dim J:\SHRDATA\PLANNING\SHARED\WP~PROJECTS~FiRST BAPTIST CHURCH OF BB~LUAR-REZN~.COND. OF APPROVAL CC MTG 1-20-98.DOC ";~EETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20, 1998 Mike Friedland, 330 SE 3"* 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 f~els the City is becoming user-friendly. Julio Rodriouez, 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: Agent: Owner: Location: Description: 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) Unruh-Smith & Associates First Baptist Church of Boynton Beach, Boynton Beach I Ltd. Partnership, and Boynton Beach II Ltd. Partnership Woolbright Place PUD (east and west sides of SW 8"~ Street, one- quarter mile north of the intersection of SW 8~h Street and Woolbright Road) 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 wh° would testify dudng 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: ,MEETING MINUTES REGULAR 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 dght (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 7"~ Street or Leisureville Boulevard. The residents are concerned with traffic volume. Bud Meadows, 200 SW 12t~ 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. Gary Brennan, attorney 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 poi'nted 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 read 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 read 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 read 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 Tiliman 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 dght to do that unless it negatively impacts other people. That is the problem with this development. There is too much traffic on SW 8t~ 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 tdps 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. , MEETING MINUTES .REGULAR CITY COMMISSION 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 ddve around them and leave tire tread marks in the lawns of the residents. He recommended the City purchase the nine homes along SW 8"' 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 preblem, and Mr. Aguila is only offedng 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 preperties to petition the Commission for additional tdps. Attorney Cherof responded affirmatively. Ms. Smith Said that door is already open and any applicant can petition this Commission to add trips to SW 8~h Street. Commissioner Bradley asked for a legal opinion based on the fact that staff recommended denial of this application because of inconsistency with the Comprehensive Plan. Attomey 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 3"~ 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 Enqineers, explained that there are 1,798 trips of the .site. 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"i 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 Paim'Beach County. iVIEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 20, 1998 Vice Mayor Titcomb expressed concem 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 "No 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 comfortable 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 Titcomb-explained 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 8"~ Street just north of Crystal Key. Staff teamed that this would have a negative effect on the level of service of the intersection of Woolbright Road and SW 8t~ 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" tums. 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 ]7 MEETING MINUTES REGULAR CiTY COMMISSION 'BOYNTON BEACH, FLORIDA JANUARY 20, 1998 Commission comments and comments added this evening. Commissioner Tillman seconded the motion that carded 4-1. (Commissioner Bradley dissented.) Motion '-'= - Commissioner Jaskiewicz moved to approve the and use amendment for Woolbright Place PUD as per staff comments and ali those included at this Commission meeting this evening. Commissioner Tiilman seconded the motion that carded 4-!.~:.~ ~(Commissioner Bradley dissented.) .,~_~ ~,:~,~ ...~ ..... ,~ ..... B. Project: "Woolbfight Twin Medical Pla~..a (f.k.a.. Woolbdght MedicaI Office) Agent: . Owner: Freddc Newman :- ..... ~ ~,,-.!.~..,.,~ :;.~,:.,~ '.~,~,:,i':: ~ ..... : Location: Southwest comer or'Wo0 i hi Description: Request for a 12' wide utility _easement' abandonment in connection with development of the parcel as the Woolbdght Twin Medical Plaza, formedy referred to as ,Woolbdght Medical Offices (Proposed ReSolution No. R98-17) The applicant was not present, and staff had n° additional comments to offer. Motion ' ~'~'"'"' -~-' ' Vice Mayor Titcomb moved to approve Agenda Item ~11:B f~r' ~e abandonment Of a 12-fo°t wide utility easement for Woolbdght Twin Medical Plaza. Commissioner Bradley seconded the motion that carded 5-0. Viii. BIDS: None IX. DEVELOPMENT PLANS: None 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 prepare'a report spelling out the cost analysis of early retirement in each department. 18 FIRST BAPTIST CHURCH OF BOYNTON BEACH PCD LAND USE AMENDMENT AND REZONING NATURE OF REQUEST: