Loading...
Minutes 10-22-02MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 22, 2002 AT 7:00 P.M. Present Mike Friedland, Chairman Woodrow Hay, Vice Chair Ed Currier William Cwynar Mike Fitzpatrick Bob Ensler, Voting Alternate Alice Otis, Voting Alternate David Tolces, Assistant City Attorney Michael Rumpf, Planning & Zoning Director Lusia Galav, Principal Planner Dick Hudson, Senior Planner Hanna Matras, Planner Eric Johnson, Planner Absent Edward Hillery Maurice Rosenstock 1. Pledge of Allegiance Chairman Friedland called the meeting to order at 7:00 p.m. Mr. Fitzpatrick led members in the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chairman Friedland introduced the Board Members, Assistant City Attorney Tolces and staff. 3. Agenda Approval Motion Vice Chair Hay moved to approve the agenda. Motion seconded by Mr. Ensler and unanimously carried. 4. Minutes Approval - September 24, 2002 Motion Vice Chair moved to approve the minutes. Motion seconded by Mr. Cwynar and unanimously carried. Assistant City Attorney Tolces administered the oath to all persons who would be testifying. Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 Chairman Friedland read the Watershed Item and explained that the use approval has already been approved and that the Board would only be addressing the site plan. 5. Communications and Announcements A. Planning and Zoning Report Final disposition of the September 24, 2002 Planning and Development Board meeting agenda items Mr. Rumpf reported on the following: (a) (b) (c) The Quantum Park and Village North Master Site Plan Approval with Waivers was approved at the October 1, 2002 City Commission Meeting. At the same meeting, the Bethesda Hospital Parking Lot Expansion, Rezoning and Land Use Amendment Ordinance were approved on first reading. The Quantum Park DRI Amendment was also approved on first reading. At the October 15, 2002 Commission Meeting the following items were heard: (a) (b) (c) (d) The second reading of the Ordinance for the Quantum Park DRI Master Plan was approved. The accessory Master Site Plan Approval with Waivers for Quantum Park Lot 89B was approved. The new site Plan for the New Alliance Haitian Church was postponed to allow staff time to work with the applicant to discuss required infrastructure improvements and the costs. The Bethesda Hospital items were approved on second reading. Mr. Rumpf announced that staff has received a request for postponement from the agent, Attomey Michael $. Weiner, for the Gateway Plaza Use Approval Item until the Special Meeting scheduled for November 14, 2002. A copy of the request for postponement is attached to the original minutes on file in the City Clerk's Office. Motion Vice Chair Hay moved to table the Gateway Plaza Use Approval Item 6.B.1 until the November 14, 2002 Special Planning and Development Board Meeting. Motion seconded by Mr. Cwynar and unanimously carried. 2 Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 Mr. Rumpf distributed a reminder notice of the November 14 Special Meeting, as well as an article on development activities and investments in the State of Florida. Mr. Rumpf also handed out a letter-agreement between the City and the Watershed Treatment Center, a copy of which is attached to the original minutes of the meeting on file in the City Clerk's Office. The agreement will be addressed when the item is heard. 6. New Business A. PUBLIC HEARING Comprehensive Plan Text Amendment 1. Agent/Owner: Description: Staff Initiated Request for modification to Comprehensive Plan Policy 1.19.2 to insert an additional exception to the restriction on industrial land conversions to support the City's supply of; housing for current and future populations (This amendment is in response to the objections of the State to the South Congress Residential {LUAR 02-002] Application) Dick Hudson, Senior Planner, presented the item for the City. He explained that the City transmitted a Comprehensive Plan Amendment to DCA in July, which they have reviewed. The City received a report that contained their objections, recommendations and comments. The Land Amendment dealt with a large parcel of land on South Congress Avenue. The DCA objected to the Amendment because it conflicted with an adopted policy in the Comprehensive Plan and DCA offered some suggestions on how this could be corrected. The response from DCA was addressed by the City Commission at the October 1, 2002 Commission Meeting, and they instructed staff to address the item. Currently the policy prohibits conversion of land designated for industrial development to other uses, unless it meets certain criteria, and housing did not meet the criteria. To deal with this, staff looked at the City's adopted goal for housing which provides for: "The provision of decent, safe and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City." Staff felt that this language should be added to the criteria of conversion of industrial land to other uses. The proposed changes will also be heard by the CRA at their next meeting and then brought to the City Commission for eventual transmission back to DCA for approval. 3 Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 Staff is proposing the following text amendment: Policy 1.19.2 'q'he City shaft provide continued effort to aflow for industrial acreage which can accommodate the approximate industrial employment which has been projected in the Future Land Use Element, and prohibit conversion of land designated 'Industrial' on the currently adopted Future Land Use Map unless such conversion would generate a range of employment choices for current and future residents, provide goods and services of regional importance, and retain regional fiscal and economic significance, or provide opportunities for the City to meet its long. range housing goals." The language in bold is the language that staff is proposing be added to the Text Amendment. Mr. Hudson reported that the County performed a study of industrial and commercial land. The study indicated that there is a shortage of commercial and industrial land that included Boynton Beach. Mr. Hudson also pointed out that the City has to determine how much land would be available for residential development in the future to deal with the projected growth. '- The policy change was also sent to the applicant for review and they came back to staff with some suggestions. The changes proposed by the applicant were shown on the overhead screen (choice #2), which Mr. Hudson read to members. After reviewing the applicant's suggestions, staff has come up with a final version as follows: Policy 1.19.2 '%he City shall provide continued effort to allow for industrial acreage; however, that land designated "Industrial" on the currently, adopted Future Land Use Map may be converted to commercial or residential if the conversation would (i) generate a ranqe of employment choice-. for current and future residents, provide goods and services of regional importance, or would provide opportunities for the City to meet its long-range housing goals; and (ii) is based upon adequatc data, includinq market analysis." Staff is recommending that the third choice be recommended to the City Commission. Mr. Ensler requested copies of the choices, which was provided. Mr. Hudson reviewed the changes that were made in the language. Mr. Ensler inquired if the applicant had an opportunity to review the revised language and Mr. Hudson stated that she has. The Public Audience was announced. Attorney Bonnie Miskel, representing the applicant, stated that the proposed language addressed their concerns. She pointed out that their language resulted frocn a meeting with DCA, while attempting at the same time to address the Mayor's corrm~ents at the last Commission Meeting. The Mayor had suggested that the City need~= flexibility in order to deal with the demands of the market. This language hz also been 4 Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 incorporated in the proposed change. Ms. Miskel was not opposed to the final proposed language and felt it was a great improvement over the first one. Ms. Miskei requested that the Board approve the text amendment so that they could move forward. Since no one else wished to speak, the Public Audience was closed. Mr. Fitzpatrick inquired if staff has found a new method to determine how much industrial land would be needed. Mr. Hudson stated that they have not generated a new methodology because of time constraints. Mr. Hudson pointed out that the amendment must be adopted prior to the end of the year. Mr. Fitzpatrick noted that this would eliminate any projection of how much industrial land the City would need, to which Mr. Hudson agreed. Mr. Fitzpatrick had concerns that other parcels would try to convert as well and there would be no industrial land left in the City. Mr. Hudson stated that they are dealing with market demands. Mr. Fitzpatrick felt that the text change should be postponed until this could be looked at further. Mr. Fitzpatrick inquired why staff was accelerating the process to get the amendment approved. Mr. Hudson explained that when dealing with'- any large-scale amendment process, there are three choices that could be made. The amendment could be adopted as transmitted; the amendment could be adopted with changes; or determine not to adopt the amendment at all. Staff is proposing adoption with changes in the text as presented. Mr. Fitzpatrick felt that these conversions would result in increased costs for water and other City services. Chairman Friedland introduced Quintus Greene, Development Director and Lee Wische, former Planning and Development Board Chairman. Mr. Ensler pointed out that the policy of conversation of land from industrial to residential was formulated in 1990 based upon a Comprehensive Plan that was adopted in 1989. The forecasting for industrial land included in the Plan was based upon a study performed in 1986 and the data collected for the study started in 1980. He noted that the Board is dealing with a policy that is based upon 20 year-old data and the projected amount of industrial land is no longer needed. He would like to see a policy change to address current and future needs and noted that the Comprehensive Plan needs to be updated. Mr. Hudson pointed out that there was a policy change that was adopted on June 20, 2000 that stated: "The City shall provide continued effort to allow for industrial acreage, which can accommodate the approximate industrial employment which has been projected in the future Land Use Element and prohibit conversation of land designated industrial on the currently adopted Future Land Use Map unless such conversion would generate a range of employment choices...". 5 Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 Mr. Ensler asked why this change was made. Mr. Rumpf thought that the change was made based upon an outside consultant's review of the Comprehensive Plan and despite the age of the data, the Future Land Use Map was still valid. Ms. Otis inquired if there was a provision that a large portion of land would be designated for industrial use in the event a major project wished to come into the City. Mr. Rumpf stated that there are some vacant parcels in the City that are designated industrial. Ms. Otis inquired if this would now allow other industrial parcels to be converted to residential, and Mr. Rumpf responded that the option would be available. Kieran Kilday stated that he is the Planner for the project and requested to answer some of the questions raised. He pointed out that the market indicates that there is a considerable increase in vacancies in existing commercial buildings throughout South Florida. The population statistics are based upon growth trends regardless of how much housing or land is available. He pointed out that there is a shortfall of housing in the City because of the expected population that would be coming to South Florida. Mr. Kilday felt that the word "prohibit" that was included in the 2000 policy was what'- DCA was referring to in their response. He also felt that the third option of the amendment presented by staff would be best and noted that a market analysis would be done before any lands are converted from industrial to residential use. Chairman Friedland felt that the amendment was workable and sensible and called for a motion. Motion Mr. Fitzpatrick moved that the Request for Modification to the Comprehensive Plan Policy 1.19.2 to insert an additional exception to the restriction on industrial land conversions to support the City's supply of housing for current and future populations be tabled until staff has updated how much industrial acreage is currently needed. Motion seconded by Ms. Otis. Vote The Recording Secretary called the roll. The motion failed on a vote of 2-5 (Chairman Friedland, Vice Chair Hay and Messrs. Currier, Cwynar and Ensler dissenting.) Motion Mr. Currier moved to approve the request for modification to the Comprehensive Plan Policy 1.19.2 to insert an additional exception to the restriction on industrial land conversions to support the City's supply of housing for current and future populations with the provisions supplied by staff. Motion seconded by Vice Chair Hay. Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 For clarification purposes, Assistant City Attorney Tolces inquired if Mr. Currier was referring to the third proposed text presented by staff and Mr. Currier confirmed that this was the text he was referring to. Vote The Recording Secretary called the roll. The motion carried 5-2 (Mr. Fitzpatrick and Ms. Otis dissenting.) Abandonment 2. Project: Agent: Owner: Location: Description: Nautica Right of Way (ABAN 02-002) Michael Rodriquez, Esq. Sachs, Sax & Klein, P.A. Nautica Homeowner's Association Nautica PUD at Lawrence Road Request for abandonment of the Nautica Boulevard right-of-way to be replaced by a: dedicated access and utility easement in the Nautica PUD Eric Johnson, Planner, presented the request to abandon the Nautica Boulevard right- of-way, also known as tract B. The public right-of-way would be converted to a private road and the Homeowner's Association will grant to the City a utility easement over the roadway. In addition, a portion of the right-of-way that abuts the City Park (tract D) would be converted to a private roadway and utility and access easements will be granted to allow access. There are two conditions of approval and staff is recommending approval contingent upon those comments. Chairman Friedland opened up the Public Audience. Since no one wished to speak, the Public Audience was closed. Attorney Michael Rodriguez, of the law firm of Sacks, Sax and Klein representing the Nautica Homeowner's Association, stated that they agreed with all staff comments and conditions of approval. They have prepared Utility Easements for the City, as well as FP&L, Adelphia and Bell South so that the utility lines could continue to be maintained. Mr. Currier inquired why the applicant was seeking to make the road private. Mr. Rodriguez stated that the main concern of the Association is that the public is using Nautica Boulevard to by-pass the Citrus Cove Elementary School located on Lawrence Road. There are safety concerns due to vehicles racing through the neighborhood to avoid the traffic that backs up on Lawrence Road when children are being dropped off and picked up. Also, parents are using Nautica Boulevard to pick up and drop off students as well. If the road became private, the Association would have more control over the use of the road. Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 In the future they may wish to add some traffic calming devices or install a guard gate or gate the entrance. Currently, these alternatives are not being considered. Mr. Ensler stated that he lives in a gated community and cars still back up onto the roadway and this raises safety issues. He asked how the Association intended to keep vehicles from using the street, and Mr. Rodriguez stated that they do not have a current plan. Mr. Ensler said he could not support the request if there was no plan to provide for the safety of the vehicles going in and out of the area. Mr. Currier inquired if it would be possible to close off one end entirely to eliminate the need for a gate. Mr. Rodriguez explained that Nautica Boulevard is a "U" with both ends going out onto Lawrence Road; it would not be possible to restrict access to one area. He pointed out that the first step the Association wanted to do was to abandon the right-of-way and then address the other issues. Chairman Friedland pointed out that when the applicant decides to place a gate or guardhouse, they would have to come back before the Board for approval. He. suggested that the abandonment first be approved. Mr. Johnson confirmed that before' the homeowner's association could construct a guard gate, it would require a Master Plan Modification that would be reviewed by staff and presented to the P&D Board and the City Commission. Motion Mr. Currier moved to approve the request for abandonment of the Nautica Boulevard right-of-way to be replaced by a dedicated access and utility easement in the Nautica PUD, subject to staff conditions as contained in Exhibit C. Motion seconded by Mr. Cwynar. Mr. Fitzpatrick asked the applicant if they were aware that once the road became private they would be responsible for maintenance and paving of the road. Mr. Rodriguez said that they were aware of this and Nautica Boulevard was the only right- of-way in the PUD that was dedicated to the public. Mr. Fitzpatrick also pointed out that if the right-of-way had a gate, it would slow down emergency response time. Mr. Rodriguez stated that these are issues that they will work out with staff. Mr. Ensler inquired why there was a rush to approve the item. He suggested tabling the item until the Association presents a proper plan to the Board. Motion Mr. Ensler moved to table the item. Motion seconded by Mike Fitzpatrick. 8 Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 Mr. Fitzpatrick asked about the timing to table and Mr. Ensler stated that his motion to table was until the next Regular Board meeting. Mr. Fitzpatrick seconded the amended motion to table. Vote The Recording Secretary called the roll. The motion failed 2-5 (Chairman Friedland, Vice Chair Hay, Messrs. Currier and Cwynar and Ms. Otis dissenting.) Chairman Friedland called for a vote on the first motion. Vote Motion carried 5-2 (Messrs. Ensler and Fitzpatrick dissenting.) Zoning Code Variance PULLED FOR APPLICATION MODIFICATION Project: Agent: Owner: Location: Description: Fookes Shed (ZNCV 02-014) Kevin and Anna Fookes Kevin and Anna Fookes 3220 Canal Drive Request for relief from Land Development Regulations Chapter 2, Zoning Section 4.B, requiring a minimum rear setback of 25 feet for a single family nome within a R-I-AAB zoning district to locate an 8.5 foot high storage shed at a rear setback of 4.5 feet and a variance of 20.5 feet Motion Mr. Cwynar moved to table Item 6.A.3 until the November 14th Special Meeting. Motion seconded by Vice Chair Hay and unanimously carried. Motion carried 7-0. B. Use Approval Project: Agent: Owner: Location: Description: Gateway Plaza (USAP 02-002) H. Burton Smith, P.E. KWB Charitable Trust (Kenneth W. Brown) Northeast corner of High Ridge Road and Gateway Boulevarcl, Quantum Park PID Request for use approval for a gasoline dispensing establishment and convenience store on Lot gl in the Quantum Park PID (TABLED - SEE VOTE ON PAGE 2) 9 Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 C. Site Plan Project: Agent: Owner: Location: Description: The Watershed (NWSP 02-015) Gary J. Rito, Codina Development Corporation for the Watershed - Act II, Inc. Quantum Limited Partners, LTD Lots 48 A, B, C and D, Quantum Park PID Request for site plan approval for a 282,404 square foot, 332-bed rehabilitation hospital on a 6.48-acre site in the Quantum Park PID Lusia Galav, Principal Planner, presented the item on behalf of staff. The Project will be located in Quantum Park on Lots 48A through 48D adjacent to the C-16 Canal. The Commission in June approved the Use Approval. The development will be located on 6.48 acres and at build out will have 332 beds. The project will be built in three phases and the first phase will be the main building, the auditorium, and the exercise room and pool area. The second and third phases will be additional buildings on opposite sides of the campus, each containing 106 patient rooms. The main building will have 120: patient rooms. Palm Beach County has approved the traffic plan and the site will be accessed by two driveways on Beta Drive. There will be a total of 143 spaces, which is more than the required amount, divided into two parking areas. The landscaping exceeds the minimum code requirements. There will be a 20' buffer along Park Ridge Boulevara continuing along the west side of Beta Drive. The applicant will also be providing a 40' buffer for the perimeter areas as required by the Quantum Park PID. The project is separated from the Canada Dry Distribution Facility by a 6' chain link fence and the applicant will be placing the required landscaping in the buffers as required by Code. One of the conditions of approval addresses the towers on the main building that exceed the 45' height limit. The applicant will be applying for a height exception for the towers at another time. The towers are approximately another 10' above the 45' height limit. There will be one monument sign that meets the Quantum Park sign program. Ms. Galav noted that the applicant did a wonderful job in working with staff and meeting the Technical Review Committee comments. Attorney Michael Rodriguez from the law firm of Sacks, Sax and Klein represented the applicant. He introduced Gary Rito from Codina Development Corporation, Glen Hanks from Rhon Ernest-Jones Consulting Engineers, Inc., Richard Jones from Quincy Johnson Architects, and Bill Russell, CO0 and Vice President of the Watershed Treatment Programs. Attorney Tolces administered the oath to all persons who would be testifying on the item. 10 Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 Gary Rito from Codina Development reported that they have entered into a long-term agreement with the Watershed and are the developer/owners of the project. Mr. Rito stated that they were available to answer any questions. Chairman Friedland opened up the Public Audience. Herb Suss said he supports the project and asked what the purpose was for the towers and how high they were over code. Richard Jones, Architect responded that the towers are decorative and are 10' over the 45' requirement. Mr. Suss said that he had a problem with the height of the towers. Secondly, Mr. Suss asked what type of security the facility would be utilizing in order to avoid overburdening the City's Police Department. Chairman Friedland stated that this was not an issue tonight and that comments should be limited to the site plan. Edward Tedtmann, 869 NW 8th Avenue, Boynton Beach, presented a handout to the members. He spoke in favor of the use approval for the Watershed project at the June Commission Meeting. Tonight he is speaking against the site plan approval and the'- proposed use. He said that he received a telephone call from Mr. Rodriguez wanting to confirm his continued support of the project and he was informed that the project was three stories high. Mr. Tedtmann discovered that the development description for parcel 48 is incomplete as indicated on his handout. He asserted that Ms. Galav did not include the acreage count of 7.63 acres in parcel 48D. Mr. Tedtmann noted that none of the property owners that abut the canal within 400' were notified, nor were they notified about the previous meetings. He feels that these meetings are illegal because the proper parties were not notified. He also stated that the plans are incomplete because there is no scale that indicates the length of the building. Mr. Tedtmann passed out a list of the eight property owners on both sides of Pioneer Park that were not notified and are within 400' of the project. He also wished to present a copy of the Assessor's Map and scale to the Board. Assistant City Attorney Tolces requested that Mr. Tedtmann submit them into the record by providing them to the Recording Secretary. Ms. Galav responded to Mr. Tedtmann's comment regarding notice. She pointed out that there is no notification requirement for use approval. Mr. Tedtmann did not agree with this. He was advised to check Chapter 2, Section 7 PID that cites that there is no notification requirement for a use approval. Mr. Tedtmann became hostile and was requested to take his seat, which he refused to do. Assistant City Attorney Tolces requested that Mr. Tedtmann leave the Chambers or the police would be summoned. 11 Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 Ms. Galav clarified Mr. Tedtmann's comment regarding the acreage. She stated that the acreage is correct at 6.48 acres that includes tract 48 A, B and C. Tract D is not developable because that belongs to SFWMD that comes with the property and is not included in the Quantum Master Plan. Ms. Galav further stated that the plans are complete except for the conditions of approval. Tom Kasischke, 930 NW 13th Avenue, Boynton Beach, stated that his property abuts the Canal and he felt that he should have been notified since his property abuts the SFWMD's property. Mr. Kasischke questioned why that tract of land was not included in the overall acreage even if it is not developable. Ms. Galav stated that it is not included. With regard to the 400' radius for notification, since there is no requirement for notification, it is not relevant. Mr. Kasischke did not approve of the height of the building and felt that because of its height, people could peer into his community. Joe Lopez, 815 NW 13th Avenue, Boynton Beach, said that he was totally unaware that; the project was being built. He was upset because he would have to look at the building every day and did not like the fact that the lights emanating from the building would shine into his house. Enrico Rossi, 625 Whispering Pines Road, Boynton Beach feels that the City did not do a good job with this project. He felt that a courtesy notification should have been given to the abutting property owners to avoid these types of situations. Dr. Gerome Vincente, 920 SE 13th Avenue, Boynton Beach stated that his neighbors notified him about tonight's meeting and thought that he should have been notified. He also objects to the project. Bill Burlage, 1415 NW 7th Street, Boynton Beach also abuts the Canal and he will have a direct view of the project. He felt that he should have been notified of the project taking place in his back yard. Mr. Cwynar stated for the record that he met with Messrs. Sacks, Russell and Rodriguez to review the plan last week. Chairman Friedland stated that he spoke with the applicants on the telephone only. Mr. Currier questioned why all these abutters did not know about the project that had been written up several times in both newspapers. Mr. Hay asked for clarification on the number of beds. He was informed that there would be a total of 332 beds. 12 Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 Mr. Ensler had concerns regarding how people in the City are being treated. He felt that the abutters should have been notified and noted that the Mayor at prior Commission meetings requested that staff notify homeowner associations that are beyond 400' of impending projects. Mr. Ensler would like the problem rectified. Mr. Greene responded that the City is required by law to notify property owners of record within 400' of subject properties whenever public hearings on zoning matters are scheduled. Mr. Greene acknowledged that some people feel that the notification requirements are inadequate. He pointed out that even though formal notification was not required, staff took steps to identify the community across the canal and the developer was urged to contact the people in the community. Mr. Greene pointed out that it is staff's responsibility to follow the law and the direction of the City Commission. He indicated that if staff were directed to change the procedures, they would be glad to accommodate any requests. Mr. Ensler inquired why there was no requirement for a 6' buffer wall, which is required when an industrial area abuts a residential area. He felt that tonight's situation was similar to what took place during the Quail Run hearings recently. ' Ms. Galav pointed out that Quantum Park has no requirement for buffer walls. Quantum has a 25' buffer plan, but does not require walls and explained that the project was adjacent to a canal. Mr. Ensler requested that a wall be required. With regard to the towers on the roof, Mr. Ensler stated that the drawings they were furnished included the height variance and there were no dimensions on the drawings. According to his calculations the entire project would go up to approximately 60'. He requested that the applicant not be granted any height exception. He felt that the height exception is purely for aesthetics and is a grant of special privilege; it is not necessary and will adversely affect property values in the adjacent areas. Mr. Ensler referred to the October 2, 2002 agreement that was distributed earlier from Fire Chief Bingham to Mr. Bill Russell. He pointed out that this letter resulted from a discussion that occurred at an eadier Planning and Development Board Meeting. Mr. Ensler read from the minutes of that meeting where "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 .Sacks responded that there have been no incidents at that facility." Mr. Ensler stated that there have been numerous incidents in Boca Raton and in one year there were 68 calls. This fact was not provided to this Board. There were also 120 fire calls to the facility for emergency medical. Chief Bingham worked with the applicant and prepared the October 2, 2002 document to determine how the calls could be reduced to the Boynton Beach facility. Mr. Ensler felt because of the size of the new facility, this could equate to over 600 medical calls annually which would be paid for by the taxpayers. 13 Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 Chairman Friedland requested that Mr. Ensler stay with the site plan item. Mr. Ensler stated that he spoke with Attorney Cherof this morning regarding this information that was not furnished at the prior P&D meeting and how it could be addressed. Mr. Ensler requested that the Board consider making a motion to reconsider. Assistant City Attorney Tolces explained that a motion to reconsider would have been appropriate if the Board had any further authority with respect to the use, which it does not. Therefore, a motion to reconsider the use is not appropriate at this time since the City Commission has approved the use. Mr. Ensler requested that this Board recommend to the City Commission that there be a motion to reconsider. Chairman Friedland was not in favor of this and felt that Mr. Ensler has always been against the project. Mr. Cwynar asked Mr. Rodriquez if the applicant agreed with the 17 staff comments and Mr. Rodriquez said that they agreed with all conditions of approval. Mr. Cwynar felt that the project was a good project for the City. He pointed out that people utilizing the facility are paying for the services and are not there because of a court order. He also: pointed out that the facility would be paying a great amount of taxes to pay for the services they receive. Mr. Hay asked for clarification on his prior question regarding the incidents at the Boca Raton facility. Mr. Hay stated that he was in favor of t~,e project, but hoped that he was not mislead by the applicant's statement. Secondly, Mr. Hay asked about the timing of the phases for the project. Mr. Bill Russell stated that they would like to start construction on the 120-bed first phase as soon as possible. There is no timeline set for the second and third phases. They would like to open in late 2003. Mr. Rodriguez responded to the incident question. After the first Planning and Development Board Meeting, his office looked at determining how incidents occurred at the Boca Raton facility. They contacted the Boca Raton Police Department and requested the reports for all incidents at the Watershed address. The timeframe studied was from February 1, 1999 through May 29, 2002. Serious incidents comprised 1% of all calls to the Watershed over a three-year time period or an equivalent of two calls. Mr. Rodriguez explained that an incident report does not mean that an incident took place. An incident report indicates that an officer was called on the scene to investigate. The majority of the calls were civilian assistance calls and many times these calls did not involve any patients or staff. The level of calls did not amount to an inordinate amount of calls as opposed to other calls. Mr. Rodriguez reported that they spoke with Boca Raton High School, ~cldle School and FAU. FAU is located across the street from Watershed and there 'ave been no incidents involving students or any patients of the Watershed at FAU. FA_ security did 14 Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 not even know that the Watershed was located across the street. Chief Marshall Gage testified at the City Commission meeting that he contacted the Boca Raton Police Department and his findings confirmed their investigation. With regard to the two battery reports, they were never reported to the State Attorney's Office. Mr. Rodriguez also wished to address Mr. Tedtmann's remarks. Mr. Rodriguez reported that the Watershed made a concerted effort to notify each and every adjoining property owner. He stated that they communicated with Mr. Tedtmann prior to the May P&D meeting and the City Commission Meeting. He spoke with Mr. Tedtmann as the representative of the Laurel Hills Community on Thursday to inform him that the matter would be coming before the P&D Board on Tuesday for site plan approval. Mr. Rodriguez said that they were willing to discuss the plans or any concerns that Mr. Tedtmann had, but he said that he would look at the plans on Tuesday. Mr. Tedtmann indicated to him that he was in favor of the project. Mr. Fitzpatrick stated that he was in favor of the project and one of his main concerns was the quality of life in Boynton Beach, which includes having bikeways and greenways along the canals. He had requested that this be included with the plan, but'- he did not see any future bikeway included in the project. Mr. Russell responded that he was not sure how much of lot 48D could be utilized for a bikeway. They would be glad to cooperate with the City if they desired to place some type of bikeway through lot 48D. Mr. Fitzpatrick asked staff if it would be possible to place a bike path along Lot 48D. Ms. Galav was not certain on this because she was not sure of the condition of Lot 48D. Ron Hanks, the consulting engineer, stated that SFWMD has an easement on almost the entire lot 48D and from their improved area to the water's edge, there would be approximately 40' of grass that is not being utilized. It would be a decision of the SFWMD if the easement could be used for a bikeway. Motion Mr. Currier moved to approve the request for site plan approval for a 282,404 square foot, 332-bed rehabilitation hospital on a 6.48 acre site in the Quantum Park PID. Motion seconded by Mr. Cwynar. Ms. Galav requested to add an additional condition regarding signage. The site plan shows two signs and only one is permitted. Ms. Galav requested that a condition be added limiting the applicant to one site sign to which the applicant agreed. Mr. Currier added the new condition to his motion. Mr. Cwynar seconded the amended motion. Assistant City Attorney Tolces pointed out that the motion should include the comments contained in Exhibit C, to which Mr. Currier agreed. 15 Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 Mr. Ensler requested that the agreement between Fire Chief Bingham on behalf of the City and Mr. Russell be included in the motion, which the applicant agreed to. Mr. Currier agreed to the addition of the agreement. amended motion. Mr. Cwynar seconded the Mr. Ensler said that he had a concern regarding the back of the property being open and not having any walls. Mr. Ensler requested that a wall be added to the southern end of the property. He thought that there had been prior discussion about having the entire property fenced in. Mr. Currier agreed with this suggestion and felt that there should be a 6' concrete or pre-fabricated wall along the entire extent of the south boundary. Mr. Rodriguez was not sure that they could place a wall on the southern boundary because of the SFWMD easement and other easements on that lot. Mr. Currier requested that the applicant agree to put in a wall subject to approval by the other entities. Ms. Galav inquired how one wall on the south side would provide security since there are no other fences on the property. Mr. Currier stated that he was only concerned about having the canal blocked off. ' Mr. Cwynar pointed out that there are easements all around the property and asked the engineer if he felt a wall would be feasible. The engineer responded that FP&L would require clear access to their easements, as well as the SFWMD. He felt that the wall would present a very stark appearance to the homeowners on the south side and suggested placing a continuous hedge along this side of the property. Mr. Currier would not agree to place a hedge instead of a wall. Mr. Cwynar would not second the amended motion to include a 6' wall. Attorney Tolces pointed out that if the original person who seconded the motion did not second this change, the motion would stand as made. Mr. Currier withdrew his motion. Mr. Cwynar would not agree to withdraw his second to the motion. Therefore, the current motion is still pending before the Board. Assistant City Attorney Tolces noted that the motion as it stands should read as follows: Approval of the site plan with the comments as contained in Exhibit C, plus the removal of one sign and adding the agreement with the Fire Chief to the approval. Vote The Recording Secretary called the roll. Ensler dissenting). The motion carried 5-2 (Messrs. Currier and RECESS WAS DECLARED AT 9:25 P.M.. THE MEETING RECONVENED AT 9:35 P.M. 16 Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 Chairman Friedland announced that the next two items would be heard simultaneously; however, separate votes would be required. Project: Agent: Owner: Location: Description: Quantum Park Lots 73 A&B, 74, 75, 76 (NWSP 02-016) Winston Lee & Associates, Inc. Premier Gateway Center at Quantum, LLP 1940, 1960, 1980 High Ridge Road, Quantum Park PID Request for site plan approval for a 196,554 square foot industrial/warehouse/retail building on a 13.75 acre site in the quantum Park PID C. Community Design Plan Al)Deal *Project: Agent: Owner: Location: Description: Quantum Park Lots 73A&B, 74, 75, 76 (CDPA 02-001) Winston Lee & Associates, Inc. Premier Gateway Center at Quantum, LLP 1940,1960,1980 High Ridge Road, Quantum Park PID Request for an appeal from Land Development Regulation Chapter 9, Section 11.J to permit overhead bay doors to face High Ridge Road in the Quantum Park PID Eric Johnson reported that last year the City Commission approved the site for a 196,486 square foot office/industrial building. Because no permit activity occurred, the applicant is now coming forward with a slightly revised plan that has the overhead doors now facing High Ridge Road instead of 1-95 as originally approved. This change also requires that the applicant must apply for a Community Design Plan Appeal (CPA 02- 001). Mr. Johnson explained that the new project will contain a commercial component on Lot 76 only. Staff is recommending approval. Mr. Johnson stated there are 24 staff comments. Comment #18 deals with five freestanding monument signs. Mr. Johnson requested that Comment #18 be changed to allow for four monument signs only. The applicant has agreed to this. With regard to Comment #15 that states the project must obtain approval of the Quantum Park Architectural Review Committee, the applicant has received Quantum Park's approval. Winston Lee, 1532 Old Okeechobee Road, West Palm Beach, the agent, agreed to all staff conditions. 17 Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 Mr. Hay inquired why this project was allowed four signs and the prior project was only allowed one sign. Mr. Rumpf responded that Quantum Park has a site sign program within the PID. Multiple signs are allowed to correspond with the number of lots that are being assembled for a project, as long as there are multiple buildings and multiple uses. The previous project had multiple lots, but only had one use. Therefore, it was only allowed one site sign. Chairman Friedland inquired why the sign on the warehouses on Gateway Boulevard never came before the Board. Mr. Rumpf said he would check into this. Motion Mr. Ensler moved that the request for site plan approval for a 196,554 square foot industrial/warehouse/retail building on a 13.75 acre site in the Quantum Park PID for Quantum Park Lots 73A &B, 74, 75 and 76 be approved, subject to the 24 conditions, with the exception that Item 15 be deleted and Item 18 is changed from 5 to 4. Motion: seconded by Mr. Currier. The motion carried 7-0. Motion Mr. Ensler moved that the request for an appeal from Land Development Regulation Chapter 9, Section 11.J to permit overhead bay doors to face High Ridge Road in the Quantum Park PID for Lots 73 A & B, 74, 75 and 76 be approved, subject to staff's comment. Motion seconded by Mr. Hay. Mr. Lee stated that he had not seen the one condition. Assistant City Attorney Tolces read the condition that stated "the overhead bay doors shall be adequately screened in accordance with the landscape material proposed within the west landscape buffer (NWSP 02-016)," which Mr. Lee agreed to. Vote Motion carried 7-0. 7. Other None 8. Comments by Members Ms. Otis felt that the notice restriction of 400' was too exclusive and noted that there are other factors besides distance that should be considered when notices are sent out. 18 Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 She thought that homeowner associations should be notified so that they could notify the members of their community. Motion Mr. Ensler moved to recommend to the City Commission that the regulations on notification be changed so that any time an industrial or commercial applicant wants to build within 400' of residential that the residential be notified regardless of what the zoning is in the PID or if there was no PID. Secondly, Mr. Ensler moved that the same criteria would apply for 1,000' for notification to any association of any part of the residential community to an industrial or commercial applicant. The motion died for lack of a second. Mr. Rumpf asked for clarification of Mr. Ensler's motion. Mr. Rumpf suggested that the motion read as follows: Anytime there is an industrial or commercial development proposal, residential properties within 400' would receive direct notice and associations that are organized that are within 1,000' would be directly notified. This would include: all site plan approvals and conditional use approvals. Mr. Ensler amended his motion to change to Mr. Rumpf's wording. Motion seconded by Mr. Currier. Chairman Friedland felt that the City currently handles its notifications in a proper manner as done by other cities and he felt that this requirement was going too far. Ms. Otis would also like notification of any residential pro!ects to be given as well. Vice Chair Friedland pointed out that the wording in the new motion would cover this requirement. Mr. Rumpf pointed out that under the direction of the City Manager, staff goes above and beyond the Code requirements regarding legal notifications. Staff is notifying nearby associations within 400' of a project and informing them of the type of project. However, they are not being notified of site plans or conditional use applications. Mr. Cwynar felt that 1,000' was excessive and suggested staying within the 400' for associations, as well. Mr. Ensler agreed to amend his motion to 400' and Mr. Currier seconded the amended motion. Vote Motion carried 5-2 (Chairman Friedland and Mr. Cwynar dissenting). 19 Meeting Minutes Planning and Development Board Boynton Beach, FL October 22, 2002 Mr. Fitzpatrick requested to make a motion. Motion Mr. Fitzpatrick moved that Woodrow Hay be the Chair of the Planning and Development Board. Motion seconded by Mr. Currier. Mr. Fitzpatrick felt that the meetings are being poorly run and that he is not being allowed to finish speaking whenever he offers comments. Chairman Friedland disagreed with Mr. Fitzpatrick's comments and felt that Mr. Fitzpatrick comes to meetings with his mind already set. Also, Chairman Friedland pointed out that there were articles in the newspapers about items on tonight's agenda and he felt that this was improper. He would be agreeable to change positions with Vice Chair Hay, if Vice Chair Hay so wished. Vice Chair Hay stated that he did not wish to accept the position of Chairman. Mr. Ensler said that he was not against the drug and alcohol abuse center and was prepared to vote for the project. However, because the recommendation for a wall was-' denied, he voted against the project. He also objected to the remark that he made a statement to the newspaper and he objects to the Chairman stating what his opinion is. Mr. Currier pointed out that a police officer should have been present throughout the entire meeting because of the nature of the items that the Board is dealing with. He noted that there have been hostile audiences on more than one occasion. Motion Mr. Ensler moved to table the motion for Chairman. Motion seconded by Mr. Currier and unanimously carried. 9. Adjournment There being no further business, the meeting propedy adjourned at 9:55 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (three tapes) (October 23, 2002) 20