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Minutes 05-28-02MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 28, 2002, AT 7:00 P.M. Present Mike Friedland, Chairman Edward Currier William Cwynar Mike Fitzpatrick Woodrow Hay, Vice Chair Edward Hillery Maurice Rosenstock Bob Ensler, Alternate Alice Otis, Alternate David Tolces, Assistant City Attorney Mike Rumpf, Planning & Zoning Director Lusia Galav, Principal Planner 1. Pledge of Allegiance The Pledge of Allegiance was recited. 2. Introduction of the Board Ch airman Friedland introduced the regular members and alternates of the Board, the Assistant City Attorney and staff. Ms. Alice Otis, the new alternate to the Board, was welcomed. At the request of Chairman Friedland, Assistant City Attorney Tolces administered the oath to all persons who would be testifying. 3. Agenda Approval Motion Mr. Rosenstock moved to approve. Motion seconded by Mr. Hay and unanimously carried. 4. Approval of Minutes - April 23, 2002 Mr. Cwynar requested that the minutes be corrected to reflect that it was he, and not "Mr. Hay,* that had spoken to other members of the Board concerning the chairmanship position, which is cited in the second paragraph under "Nominations for Chairman" on the first page of the minutes. Meeting Minutes Planning and Development Board Boynt0n Beach, Florida May 28, 2002 Motion Mr. Hay moved for approval. unanimously carded. Motion seconded by Mr. Rosenstock and Chairman Fdedland introduced the Recording Secretary. Chairman Fdedland noted that he received the minutes of the last Community Red.evelopment Agency Regular Meet ng and requested that all Board members receive a copy in their agenda packets. He also would like this Board s m'nutes sent ~o the CRA Board so that both Boards are kept informed. 5. Corn munications and Announcements Mike Rumpf, Director of Planning and Zoning, reported on the following: 1. Final disposition of the April 23, 2002 Planning and Development Board Meeting Agenda Items Items presented, at the May 7, 2002 City Commission Meeting: a. Packaging Concepts Abandonment and time extension for the site plan were approved. b. The Quantum Townhomes East and West project technical site plan with waivers was approved. Items presented at the May 21,2002 City Commission Meeting: a. The staff-initiated rezoning items, implementing the Community Redevelopment Plan that included the mixed-use Iow and mixed-use high and the infill PUD zoning district regulations, were approved. b. The abandonment for Packaging Concepts that was reviewed at the previous meeting was approved on first reading. Mr. Rumpf announced that the City will be undertaking a Land Development Regulations re-write project to begin immediately that will go out to bid for a consultant. A review panel has been established and Mr. Rumpf would like a member of the Planning and Development Board to participate on the panel. It is anticipated that the request for proposals will go out within the next two weeks and the bid opening should take place at the end of June. Mr. Ensler requested that Mr. Rumpf review the change in the Ordinance for recreation fees. Mr. Rumpf reported that a minor text change was made that would allow the City Commission to initiate land dedication in lieu of a fee. 2 Meeting Minutes Planning and Development Board Boynton Beach, F or da May 28, 2002 Chairman Friedland requested that a copy of the revised Ordinance be furnished to the members. Motion Mr. Cynwar moved that Chairman Mike Fdedland represent the Board on the panel. Motion seconded Dy Mr. Hillery. Mr. Fitzpatrick stated that if the Chairman did not wish to represent the Board on the panel, he would be willing to do so. Vote Motion carried 7-0. 6. New Business A. PUBLIC HEARING Use Approval 1. Project Name: Agent: Owner Location: Description: Watershed Act II, Inc. Michael A. Rodriguez, Sachs, Sax & Klein P.A. Darlene and Casey Walsh Trust & Boynton Industrial Realty Corporation Quantum Park PID (Lots 48 A, B & C) Request Use Approval for a rehabilitative hospital within the Quantum Park PID on lots with a master plan designation of Office/Industrial (OI) Chairman Friedland reported that he has been informed that the owner of the property is Quantum Limited Partners. Ms. Galav said that there were three PCN numbers that indicated the owners that are cited above. Mr. Tom McGillicuddy, representing Quantum Park, responded that Quantum Limited Partners is the owner of all the parcels. Ms. Galav requested that they be provided with proof that Quantum Limited Partners owns the land. Mr. Cynwar reported that he met with the attorney and the developer of the Watershed prior to this meeting. No commitments were made and it was merely a review of their presentation. Mr. Currier also met with representatives of the Watershed Act Il, but not with Mr. Cynwar. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 28, 2002 Chairman Friedland spoke with the Board's prior Vice Chairman, Steve Myott, who ~s an architect on the project. He said he was going to send Chairman Fdedland a package of material, which Chairman Friedlandnever received. Assistant City Attorney Tolces stated that if any member received any documentation that is not presented to the Board tonight, he would respectfully request that copies of this documentation be provided to the Recording Secretary so that it would become part of the record. Mr. Rosenstock stated that he met with the Attorney of the project, which was a fact-seeking mission only, and no commitments or comments were made. Mr. Hay reported that he received a call, but never met with the attorney nor did he receive any material. Mr. Fitzpatrick stated that he met with representatives of the project for approximately 20 minutes. Ms. Galav presented an overview of the project. She stated that Quantum Park is zoned PID and PIDs require that the uses be approved by the Planning and Development Board and the City Commission. Quantum Park has a list of permitted uses and the applicant would like to add to that list. The site is located on lots 48A, B and C. Lot 48D is also included, but this is a water lot that is part of the SFWMD Canal and there ~s no property involved with this lot. The use being requested is a substance abuse rehabilitative hospital, which would be a permitted use in the City's general office district. Staff is recommending that the use approval be limited to these lots only in Quantum PID and would not apply to all the office lots in the Park and that the use would be site specific. Mr. Fitzpatrick stated that his discussion with the applicant concerned Lot 48D and he inquired if this lot consisted only of water or if there were a bank as well. Ms. Galav said that it was her understanding that it was all water. Mr. Fitzpatrick thought that there was some land along the water, which acted as an easement for maintenance purposes. Attorney Peter Sachs introduced the principals, Mike Chernack, Christopher Crosby and the Chief Operating Officer, Bill Russell. Also introduced was Rodolfo Acevedo, of the architectural firm of Quincy Johnson Architects, and Attorney Michael Rodriguez who filed the application on behalf of Watershed. Attorney Sachs stated that it is their understanding that the owner of the land is QuantUm Lim t.~d Partners, a Florida limited partnership. They are proposing to build a state-Of the-art facility in a secluded Section of Quantum Park. There are several industrial uses in that area. Behind the site is a canal and behind the 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 28, 2002 canal is a park. Diagonally across from the proposed site, there is a homeowner's association called Laurel Hills. Attorney Sachs has spoken to Mr. Tedtmann who is the President of that association, and he indicated that he would cooperate with the applicant. The facility only treats volunteers and there are no clients treated under court order. The patients are either private paying or have insurance. The patients cannot drive back and forth from the facility and are discouraged from bringing their vehicles. If a patient does bdng their vehicle, they are required to surrender the keys. A lot of time and effort went into finding the. right spot. If the use is approved, the applicant will be back at a future date with a detailed site plan. The facility will employ a lot of people that hopefully would be local and they are looking forward to becoming part of the community. Bill Russell, Chief Operating Officer of the Watershed, 1000 NW 15th Street, Boca Raton, stated that they have been looking for an ideal location for their facility for a long time. The Watershed is a private Flodda corporation and the owners all live :in the area. They have outgrown their current location in Boca Raton, which is one block south of Glades Road, across from FAU. They have been at that loCation since February 1999. Because of the outgrowth, they have set up a tempo?ry fac ity in Delray Beach to accommodate the overflow. The services they offer are detoxification, rehabilitation, and outpatient services. All patients will be housed atthe facility under 24-hour supervision and care. One of the reasons they chose Quantum Park is because they would like to stay ~n Palm Beach County. Currently they employ over 200 employees and feel thal Boynton Beach would provide a good base for employees. They are a for-profit corporation, which means they would be paying taxes. Rodolfo Acevedo, of Quincy Johnson Amhitects, 949 Clint Moore Road, Boca Raton, presented artists' renderings of the proposed site and reviewed the area of the proposed facility. Mr. Fitzpatrick asked Mr. Acevedo if Lot 48D was underwater. Mr. Acevedo stated that he. did not have this information. The complex will contain separate buildings in a park-like setting. There will be a courtyard and a conference center. When looking at the artist's rendering, it appeared that there was 30' of land between the top of the: bank and the edge of the water. The complex would also contain a pool and fitness center and there will be two bedroom apartments for extended stays. There will be two points of access; one for employees and another for visitors. Mr. Rosenstock inquired if the project would be gated. Mr. Russell responded that security is important and this will be determined at the time of the site plan process. It is intended to have the property heavily landscaped and at that time 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 28, 2002 it will be discussed if a fence would be appropriate. Both entrances will be gated and closed after normal business hou rs. Mr. Ensler asked if it would be appropriate for that kind of facility to be so close to a school. Chairman Fdedland requested that this be addressed under the public audience portion of the hearing. Mr. Ensler felt it was appropriate for him to speak at this time since he is an Alternate Member on the Board. Assistant City Attorney Tolces noted that there are seven Regular Members present and it is up to the Chair on: how he wants to conduct the meeting. Chairman Friedland requested that Mr. Ensler wait until the public audience portion of the meeting. Mr. Russell responded that when they were looking for a site, they were looking for a secluded place. He noted that Parkridge Boulevard ends at the entrance to the High School, which is several hundred feet to the west of the proposed facility. Mr. Russell said that he has spoken with the Principal of the High School regarding the traffic and that entrance is not considered a public entrance. It is only used for school buses and employees. Dr. Cornnell said that it was not his role to determine who his neighbors are. Mr. Russell informed Dr. Cornnell that when the facility is in place, he would work wi~ him if any issues should arise. Mr. Hillery pointed out that the facility would be located across from the Publix distribution center and wouldn't this create a great deal of activity and no~se in the area. Even though there may be some activity from Publix traffic during the day, Mr. Russell felt that their buildings would be insulated enough so that the noise would not be too disturbing. Mr. Fitzpatrick noted that one of his main concerns is greenways and bikeways in the City, and he discussed this with the applicant. The Greenways project Team identified the Boynton Canal as the main east-west corridor for a greenway or bikeway. As separate developments come on board, this greenway would get chopped up. The applicant indicated that they were not opposed to having their portion designated as a greenway or bikeway. Attorney Sachs responded that if the City decided to have a bike path along the edge of their property, they would cooperate. Mr. Fitzpatrick responded that if lot 48D were totally underwater, there would be no way to create a greenway. Ms; Galav stated that the applicant has a 40' buffer requirement. Mr. Fitzpatrick requested that this requirement be added as a conditional use in granting the use approval. 6 Meeting Minutes Planning and Deve opment Board Boynton Beach, Florida May 28, 2002 Chairman Friedlane asked Mr. McGillicuddy if he knew whether Lot D was under water and he believed that Lot D is not under water. Ms. Galav will recheck the plat on this. Mr. Hillery asked about the ratio of employees to patients. Mr, Russell stated that currently they have 250 employees that serve approximately 140 beds. This comes to over one and one-half employees per patient. There are staff and nurses on the premises 24 hours per day. They anticipate building the facility in three phases and preliminarily, they plan to start with 100 beds with a potential growth to 300 beds. Chairman Fdedland introduced Commissioner McCray who was in the audience. Mr. Rosenstock spoke about an organization in Delray Beach that treated the same type of patients and wanted to build a facility on Barwick Road in Delray Beach that abutted Hunter's Run where he lived. Mr. Ensler represented Hunter's Run on this issue. That organization was completely different from the one before the Board. The patients at that facility caused multiple problems in the area. Mr. Rosenstock felt that the applicant has done a very competent job and he was prepared to make a motion. Chairman Friedland opened up the public audience. Bob Ensler, 26 Woods Lane, Boynton Beach requested that all the information he was presenting got into the record for the City Commission. He stated that this is not an issue of buildings, zoning, recreation or walking paths. This is similar to what took place on Barwick Road in Delray Beach. Mr. Ensler had concerns about the children attending the High School and the impact this facility might have on them. He had spoken to the Principal of the High School, who knew nothing about the project on Friday and that is why the applicant called the School today. He also spoke to the Superintendent's Office and the School Board for the County. The applicant has not involved any parent organizations and he feels this is unfortunate. With regard to the Delray Beach facility, the parents obtained an opinion from the School District, which was signed by the Chair of the Palm Beach County School Board and the Superintendent of the School District. Mr. Ensler read a portion of that opinion, which i~ summary stated that a drug and alcohol treatment facility is not compatible with an elementary school. He also read excerpts from the various testimonies given at the hearings. A petition of over 400 signatures was submitted for denial. Some of the patients wandered throughout the neighborhood and one was picked up for shoplifting. A toxicologist at Boca Raton Community Hospital, who counseled people with dependencies testified that this type of facility shoulcJ not be allowed next to a 7 Meeting Minutes Planning and Development Board BOynton Beach, Florida May 28, 2002 school. The Board needs to face these issues. Both the Planning and Development Board and the City Commission of Delray Beach denied the item. Mr. Ensler requested that the parents of the High School and other school officials become involved with the project. Phyllis Stern, 15 Woods Lane, Boynton Beach, has a background in working with substance abusers and is concerned about the youth in the community. Ms. Stern acknowledged the necessity of this type of facility, but she was opposed to having it so close to the High School due to the vulnerability of children this age. Ms. Stern serves on the Advisory Board for Children and Youth and has a passion for children. She requested that a better site be found or at I~ast some kind of protection be added for the students. She questioned why the school had not been notified and thOught that there should be some in put from the parents and staff of the High School Chairman Friedland closed the public audience. Mr. Hay asked if there was any information on the number of incidents that have taken place at their current facility in Boca Raton. Attorney Sachs responded that there have been no incidents at that facility. Mr. Russell said that they have a very strict admissions policy and patients have to undergo a rigorous assessment to determine if they are suitable for the program and have the resources to pay for the services. Patients with a history of violence would not be allowed in their facility. Mr. Russell reported that there have been no problems with violence and they have a very good relationship with the Boca Raton Police Department and there are 911 calls for medical purposes. They have had no problems with their neighbors. The Boca Raton High School is only a few blocks from their facility and there is also an elementary and middle school nearby and there has never been a problem. If the City determines during the site plan process that they would like to have a combination of a landscape buffer and fence and/or wall, they would be amenable to this. Motion. Mr. Rosenstock moved that Item 6.A. 1 in the project known as Watershed Act II, Inc., Michael A. Rodriguez, Sachs, Sax & Klein, Agent, Request Use Approval for a rehabilitative hospital within the Quantum Park PID on lots with a master plan designation of Office/Industrial (OI) be approved With regard to these specific Iots; Motion seconded by Mr. Hay." Mr. Currier felt that the project would be an asset to the City and that the Board should dO what's necessary to move it forward. Meeting Minutes Planning and Development Board Boynton Beach, Florida May 28, 2002 Mr. Hillery also felt this project would bring jobs to the City and that it would be good for the City. Mr, Fitzpatrick requested that the following words be added to the motion: "that the conditional use for a bikeway or greenways be addressed at the time of the site plan." Assistant City Attorney Tolces said that this could be added if the maker of the motion agreed to add it as a comment. Mr. Rosenstock amended his motion to include that this language be added as a "comment and that it would be negotiated and handled at a future time." Mr. Hay seconded the amended motion. Motion carried 7-0. 8. Other None 9. Comments by Members Mr. Rosenstock wished to address an incident that occurred during ton rght's meeting. The past precedent of this Board was that Alternate Members were allowed to question and cross-examine the applicants and staff without waiting to speak during the public hearing portion of the meeting. Mr. Rosenstock requested that the past practice be continued. Chairman Friedland responded by saying he wanted to g~ve the applicants an opportunity to complete their testimony before Mr. Ensler spoke. He pointed out that he in no way limited Mr. Ensler's time to speak and if the Board wished to continue this past practice, he was in favor of it. There was a consensus to proceed in this manner. Assistant City Attorney Tolces stated the only reason he interrupted at that time was to make clear on the record that the matter was before the full seven member Board. Mr, Currier noted that at a previous meeting this Board heard a height variance for the Baptist Church and it then went before the CRA, He questioned why both Boards heard the same item. Assistant City Attorney Tolces responded that what this Board considered was an amendment to the Code and that this Board hears all amendments to the Code. 9 Meeting Minutes Planning and Deve opment Board BOynton Beach, Florida 10. Adjournment May 28, 2002 There being no further business, the meeting properly adjourned at 8:20 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (two tapes) (May 30, 2002) 10