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Minutes 11-17-15MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON TUESDAY, NOVEMBER 17, 2015 @ 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael Fitzpatrick, Commissioner 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Invocation Commissioner McCray offered the Invocation. Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Pledge of Allegiance to the Flag led by Vice Mayor Casello The Pledge of Allegiance to the Flag was led by Vice Mayor Casello. Roll call revealed all members were present. Agenda Approval: 1. Additions, Deletions, Corrections There were no additions or corrections to the agenda. 2. Adoption Motion Commissioner McCray moved to approve the agenda. Commissioner Merker seconded the motion. MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 Vote The motion passed unanimously. Mayor Taylor explained the motion included approval of all Consent Agenda items. 2. OTHER A. Informational items by Members of the City Commission Commissioner McCray had attended the ribbon cutting at Quantum High School, presented the Congress Middle School with a check for $1,000 for the band and chorus, and attended the annual legislative session that was held at Bethesda Memorial Hospital, the Veterans Day celebration and Chamber of Commerce luncheon. He disclosed he had met with Bonnie Miskel and received an email from Zuccala's Towing. He refused to talk to Attorney Weiner and received a call from the President of Hunters Run board. Commissioner Merker mentioned the need for beach mats for disabled individuals. It is very important and further information was being assembled to discuss on a future agenda. Vice Mayor Casello had discussed the mats with Mr. Majors, Director of Recreation and Parks, and learned there was an issue with the depth of the beach as far as location of the mats. It can be further discussed. He disclosed he had attended the Chamber of Commerce Million Dollar Luncheon and attended the veteran's monument dedication. The Community Caring fundraiser garnered between $60,000 and $70,000, doubling last year's donations. He went to the Boynton Intracoastal Group (BIG) golf tournament with the proceeds benefiting public safety. Commissioner Fitzpatrick commented on the funding for the Inspector General's Office and he felt Boynton Beach should be paying its fair share. He had gone to the Firefighters' Pension Board meeting. He spoke to Bonnie Miskel representing David Camalier. The Sierra Club presented Commissioner Fitzpatrick with an award for being the Environmental Champion of the Year. Delray Beach hosted the annual legislative luncheon that he attended. Commissioner Fitzpatrick disclosed he spoke with the President of the Hunters Run Homeowners' Association. On Veterans Day he was at the local ceremony at Veterans Park. His schedule included the Boynton Beach Chamber of Commerce meeting and the Community Caring Center Fundraising Gala. He commended Vice Mayor Casello and his wife for being the honorary chairs. He went to the opening of the Boardwalk Italian Ice Cream Shop on Federal Highway and to the South Central Regional Wastewater Disposal and Treatment pension board hearing and attended the BIG board meeting. 2 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 Mayor Taylor had gone to the Veterans Day celebration, Dimensional Harmony's concert, Community Caring Center fundraiser and the legislative delegation meeting at Bethesda. He went to the opening of the Boardwalk Italian Ice Cream Shop and urged others to try the delightful flavors of fresh made ice cream. He participated in the BIG golf tournament. Mayor Taylor disclosed he had spoken with President Gold from Hunters Run and Attorney Weiner relating to an item on the agenda. Vice Mayor Casello disclosed he had spoken to the President of Hunters Run and David Gold. Commissioner Merker had discussions with board members from Hunters Run. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim Saturday, November 28, 2015 as "Small Business Saturday". Mayor Taylor proclaimed November 28th as Small Business Saturday and presented the Proclamation to Andrew Mack, Director of Development and Engineering. B. City Hall will be closed for the Thanksgiving holiday on Thursday, November 26 and Friday, November 27, 2015. It was announced City Hall would be closed on November 26th and 27" for the Thanksgiving holiday. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission). Katie G. Miller, 1057 SW 28th Avenue, complained the cemetery needs to be better maintained. Ms. Miller had filed for a hearing for a red light camera citation. She was surprised that everyone that went to Court was found guilty and did not understand how that could happen. Dr. Piotr Blass, 113 West Tara Lakes Drive, remarked he had a red light camera hearing and was found not guilty. He announced he was officially a candidate for Mayor of Boynton Beach. His ideas for the City included the transformation of Boynton Beach into a university town. He hoped the Old High School would be saved for the university and become the property of the City rather than private entity. The university would serve as an incubator for high tech businesses. One idea being developed was how to use the energy of the gulfstream to produce inexpensive energy. Another concept would be how to use high tech devices to reduce crime and make the City safer. A top priority would be to create a family neighborhood in the Heart of Boynton. 3 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTGN BEACH, FL NOVEMBER 17, 2015 Linda Schonz, 1632 Palmland Drive, in Chanteclair Villas, reported a problem with the traffic light at Charter Drive and Congress Avenue. She suggested a left turn arrow was needed because it is a long light and traffic accumulates in all directions. Mayor Taylor explained the County controls the traffic lights, but the City would contact the County about the concerns. Lola Carello, residing in Chanteclair Villas, pointed out this would be the 12th request over the last six years asking for the same assistance on the traffic light. Mayor Taylor reiterated it was an issue for the County to resolve. No one else coming forward, Mayor Taylor closed Public Audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Building 3oard of Adjustments and Appeals: 1 Alt Golf Course Advisory Committee: 1 Alt Recreation and Parks Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts There were no applicants for appointment. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. PROPOSED RESOLUTION NO. R15-140 - Support Neighborhood Renaissance, Inc. applying to the State of Florida for its tax credit program, certifying that projects of the agency are consistent with the goals and objectives of the City of Boynton Beach's Housing Element of its Comprehensive Plan, Local Housing Assistance Plan, and its Community Development Consolidated Action Plan. B. PROPOSED RESOLUTION NO. R15-141 - Approve Boynton Village & Town Center Park Land Swap Agreement and authorize the Mayor and City Clerk to sign the document. Applicant: Jeffrey R. Margolis, Esquire, Berger Singerman. C. PROPOSED RESOLUTION NO. R15-142 - Approve Interlocal Agreement with Boynton Village Community Development District. Applicant: City Initiated. 4 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 D. Approve the piggyback of the Florida Sheriff's Association bid #15-13- 0904, with Xylem Dewatering Solutions utilizing the same terms, conditions, specifications and pricing. This contract will be used for the purchase of a Godwin Dri- Prime pump at a cost of $25,980.80. E. Approve the list of surplus vehicle/equipment as submitted by the Public Works/Fleet Maintenance Division to be disposed of thru the auction process and authorize the City Manager to sign the auction agreement. F. Approve Change Order No. 1 in the amount of $10,178.00 for the emergency repair to an 8 -inch water main on SW 3rd Street and High Point Court for the Reclaimed Water Main Extension to High Point project, Bid No. 047-2821-15/KTR. G. Approve the minutes from the Regular City Commission meeting held on November 3, 2015. H. Accept the written report to the Commission for purchases over $10,000 for the month of October 2015. I. Approve the extensions for RFPs/Bids and/or piggy -backs for the procurement of services and/or commodities as described in the written report for November 17, 2015 - "Request for Extensions and/or Piggybacks". 7. BIDS AND PURCHASES OVER $100,000 A. Authorize City Departments to utilize the School District of Palm Beach County Bid No. 16C -7T for HVAC Mechanical Contractors; Preventative Maintenance, Repairs and Installations on an "As Needed" basis for an annual expenditure of $150,000. Motion Commissioner McCray moved to approve using the School District contract. Commissioner Merker seconded the motion. Vice Mayor Casello inquired if any of the monies would be used for repairing the air conditioning system at The Links golf course. Tim Howard, Director of Finance, indicated that air conditioning system was currently being repaired. The requested purchases are for general repair and maintenance for all facilities. The money could be used for the golf course, but the funding is available to make the necessary repairs under contract at this time. 5 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. NOVEMBER 17, 2015 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve request for Major Site Plan Modification to construct a one-story, 19,000 square foot inpatient medical facility and related site improvements on 4.6 acres of property located at 3005 South Congress Avenue, on the NW corner of South Congress Avenue and Charter Drive North, within the C-3 (Community Commercial) zoning district. Applicant: Jeffery C. Lynne, Weiner, Lynne & Thompson, P.A. Attorney Cherof administered an oath to all those intending to testify and gave a brief explanation of the procedures to be followed. Michael Weiner, counsel for Novus Properties, advised the public's concern is understood and wanted to be assured the applicant could answer any questions in rebuttal. Attorney Cherof advised there was no time limit for any rebuttal. The following items were placed into the record for the matter. • City of Boynton Beach Agenda Request form from the March 17, 2015 meeting. • Planning and Zoning Memo PZ14-047 supporting the Ordinance relating to C-3 uses. • An excerpt from the minutes of the March 17, 2015 Commission meeting passing the Ordinance. • Letter dated October 23, 2015 from Mr. Weiner's firm to the City Attorney with respect to the standards for approval of site plans. • List of Novus's detox awards recognition and an explanation of their operations • A copy of the PowerPoint presentation. • Email from Michael Rumpf asking questions about the requirements for this particular use in the C-3 zone with respect to roadways and distances. All items will be attached to the minutes of the meeting. Novus Properties would be purchasing the land at 300 Congress Avenue with an existing land use of Local Retail Commercial and zoning designation of Community/Commercial or C-3. The property is approximately 4.6 acres at the corner 1 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 of Charter Drive and South Congress Avenue. A 19,000 square foot inpatient medical facility would be constructed on the site. It will include 97 parking spaces, amenities and improvements including a recreational area, retention area and 15 foot landscape buffer and wall. The building height will be 27 feet. The property is vacant at this time. The property was located on a map showing the adjacent property uses as a self - storage facility, tennis courts, and an automotive repair plaza. Detoxification services would be offered at the new facility. Novus Properties has been in business approximately 10 years and offers a similar facility on the west coast of Florida. Bry Wesche, CEO of Novus Properties, was present for any questions relating to operations of the facility. Mr. Weiner stressed C-3 is specifically zoned for the proposed use. All patients voluntarily come to the center. There is no connection to any courL- ordered detoxification. Patients are invested in their recovery and are private pay or private insurance. There would be no security risks to the neighborhood. There is staff security and the services delivered include a watchful eye on all patients. Patients maintain a low profile and are transported to the facility by staff in limousines or unmarked vehicles. The average stay is only six or seven days. Medical procedures are offered with appropriate guidance to recovery. Patients are monitored at all times and would not wander the property. Safe guards required by the Code would be met. It is not a prison. Patients are undergoing withdrawal and medical situations resulting from the pain of withdrawal. Pictures were displayed of the rooms and amenities that exist at their other location. There is a lounge for family visits, dining rooms, indoor fitness and recreation space, all permitted uses allowed in C-3 zoning under inpatient medical care or testing. The definition of medical care or testing is alcohol or chemical dependency treatment centers, licensed pursuant to Florida State Statute, Chapter 397. The only matter before the Commission was a site plan as set forth in the staff report. There are certain requirements in the Code for approval. It has to be 50 feet from an abutting residential or mixed-use zoning district. The site security will be ensured with a minimum of surveillance cameras, limited and control access points and operation procedures. Privacy and access control would be ensured with a minimum of a perimeter fencing and landscape buffering. All criteria were approved in the staff report. The property is located along arterial frontage and not within an area excepted from this type of zoning under the Code. The setback is more than 200 feet based on a definitive interpretation of how to measure the setbacks from the building to the residential line. All requirements are met. The applicant agreed to all conditions of approval. The law in the State of Florida dictates a site plan should be approved when it meets all the standards. The applicant has met all standards. The proiect is good planning by creating 75 new jobs, with applicants being well regarded, highly educated and from the local area. The project is planned for locational MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 security for the neighborhood. It would represent a financial investment to the community with the building improvements costing $7M to complete. New real estate taxes will be generated, as well as an attractive building along a busy highway. There will be permit fees and construction jobs. In summary, the vacant lot generates $26,000 in real estate taxes per year. The $7M improvements will increase the real estate taxes to $150,000. This is a review of a site plan under quasi-judicial rules. The applicant appreciates the efforts of staff and the Planning and Development Board who both approved of the plans. He urged the Commission to approve the site plan. Mayor Taylor opened the issue for public comment. Lola Cariello, 1748 Palmland Drive, President of the Homeowners' Association of Chanteclair Villas pointed out there are residential areas in close proximity to the proposed site being Chanteclair Villas 1, 2 and 3, Hunters Run, Serrano's family homes and Crosspointe Elementary school. It is a very vulnerable area with senior citizens, children and a school. She questioned the security and access for the patients, the level of background checks on the staff, increase in crime, decline in property values and safety. Ms. Cariello asked if the guards would have guns. Elderly homeowners are caring and giving and would invite anyone into their homes. Children are on the streets going to and from school. The mix is bad. She appreciated the need for detox centers, but they should be placed in more appropriate areas. There is an additional issue of traffic and ingress and egress to the facility. Attorney Cherof thanked the public for attending, but cautioned it was a business meeting and quasi-judicial hearing before the Commission. There was no need for applause or spontaneous comments. Any and all individuals could come to a microphone and speak. Mayor Taylor indicated the speakers would not be timed, but asked they remember there are others who wanted to be heard. Ms. Cariello asked why Crosspointe Elementary was not notified of the plans. Peter Leavitt, 26 Northwoods Lane in Hunters Run, was convinced detox centers are necessary. He did not feel the requested site plan location was appropriate. Mr. Leavitt had an extensive legal background and had dealt with addicts and rehabilitation for many years. Not one facility controlled the flow of illegal drugs into the facility. There will be neighborhood problems for the school, children and residents. He urged the Commission to get more statistics on the casualty and incident rate at these types of treatment centers. The increase in taxes will not cover the extra police surveillance, calls to the center for police and fire and EMS personnel and their equipment. He strongly opposed the detox center. A MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 Joyce Mira, 1555 Palmland Drive, agreed with the previous speakers. She added there are two schools in the area that includes South Tech that is a high school. The traffic light is a problem and the Center would be a "black eye" for the City of Boynton Beach. There was a drug deal on Seacrest Boulevard recently and one lady was shot and killed. The individuals came from a drug facility. The patients' backgrounds can be vetted and admission denied based on prior records. These types of programs are being investigated by the FBI and the IRS for kickbacks and insurance fraud. It is not needed in the City of Boynton Beach. This request was approved by the Planning and Development Board because it is a trend for substantial income opportunities. She urged the Commission to not approve the request. Commissioner McCray clarified the incident referred to happened on 4th Street, the Cherry Hill Mini Mart and a sober home and not on Seacrest Boulevard. Carl Sloan, President of Hunters Run, a community of 1,649 homes with 3,000 residents and located within 300 yards of the proposed detox facility was against the project. The residents realize the proposed property is zoned to permit this use. Because the zoning is proper does not make the site acceptable. The patients will be addicts and alcoholics. The facility is only one block from the Crosspointe Elementary school and across the street from the Barrier Free Park and Tennis Center. Caloosa Park is across the street with its many recreational venues that attract young and old. There are three residential communities adjacent to the site and it is next to Manor Care Rehabilitation facility. The proposed project would be a hub for recovering and struggling addicts to gather day and night, seven days a week. It would be a threat to the neighborhood safety and security and bring crime to the area. The request was for the Commission to vote no on the project as not a proper use of the land. Martin Henessey, 10 Woods Lane, in Hunters Run, shared he was a recovering alcoholic and drug addict, being sober for 24 years. He previously lived near a detox center and rehabilitation facility. The crime rate went up and the facility had to be closed. He did support helping others with these types of problems, but he did have a problem with safety in the area. In addition most people with addiction problems have mental illness problems. Supporting this venture would be a bad mistake. He understood the individuals want to make money as it is one of the most lucrative businesses in the world. He hoped the Commission would not approve the facility. Joanne Tancer, 10 Woods Lane, opposed the proposal. She submitted 94 letters/ signatures that could not be present to oppose the project. She had worked in hospitals and rehab centers for 45 years. She was a member of two 12 -step anonymous programs. She wholeheartedly supported treatment, detox and rehab. This was not an appropriate location for a facility. Many residents take their grandchildren to the Barrier Free Park. There will be considerably more traffic in the area. An addict has a compulsion for crime to get the drugs they need. It will raise the crime rate in the area, lower the property values and put the residents in danger. E MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 Linda Schonz, 1632 Palmland Drive, and President of the Section 2 Association of Chantaclair Villas, expressed her concern for the safety of the residents and children. She questioned the placement of the surveillance cameras and the traffic flow creating traffic jams. She hoped the Commission would support their concerns and vote no. Allan Ullman, 7 Island Drive, in Hunters Run, quoted from a newspaper article that reported 40% to 60% of the participants in drug treatment programs drop out within the first few weeks or months. Effective treatment typically requires at least a year. There are only 50 units in the community left to purchase making it the best community in south Palm Beach County. This facility will turn those dynamics all around. William Poznak, 1 Woods Lane in Hunters Run, an engineer for many years, contended the site had many physical problems and the residents should be able to examine the site plan drawings. He had counted 18 cars lined up to go north on Congress Avenue. There is now a retention area with no drainage that could fill up with water and flood the areas. He wanted to see the drawings. He suggested the matter be delayed for further study and dialogue. It is a federal law, the project cannot be stopped. Mayor Taylor asked the public to refrain from talking and listen to the speakers who have a right to speak. Miguel Lizarraga, 1527 Palmland Drive, lived directly behind the proposed facility and felt it was not a good location for the enterprise. There are two schools with children walking by the facility. The senior citizens walk in the streets. He was a recovering addict and clean and sober for 10 years and he worked in a similar facility. The only requirement to work in a facility is to be clean and sober. One of the main tasks is to keep an eye for drug dealers. Now, with cell phones the drugs are only one phone call away. This facility will bring drug dealers to the area and crimes of opportunity will spike. David Gold, 6 Sutton Drive, a resident of Hunters Run for 36 years, endorsed everything he had heard. He added, historically, these types of places have been gathering points. When the patients are in need, there are four residential communities to assist them. The lure of additional tax revenue is accurate short term. He believed the lessening in the values of the surrounding four communities will end up a minus for the City of Boynton Beach. Dr. Piotr Blass, 113 Tara Lakes Drive, lived close to Congress Avenue. A sober home was started in the Clipper Cove development and suddenly there were many robberies and even a murder in the area. He was afraid the same would happen along Congress Avenue. He resented the tone Mr. Weiner took as if he was lecturing, disciplining or interrogating. He was running for Mayor and he promised the project would not proceed. 10 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 Sanford Mayer, 2 Clubhouse Lane, had lived in Hunters Run for 12 years and pointed out the Board of Directors of Hunters Run donate money to the community for public safety, food kitchens, or libraries. After all these years of working for Boynton Beach, he hoped the Commission would listen to those who have spoken and not approve the project. No one else coming forward, Mayor Taylor closed public hearing. Mr. Weiner, Bryn Wesche, and Kyle Karr came forward with rebuttal. Mr. Weiner and the applicants understood small communities and how close they are and want to stand together. This is a quasi-judicial hearing and the Commission understands their responsibilities. There are issues that have to be considered. However, because many people have come forward with their concerns Mr. Weiner was willing to respond to remarks that are not pertinent to a site plan. It would be done out of the greatest respect for the City of Boynton Beach and those people who have attended this meeting. There was a study done for two years on convenience stores, residential points and general medical hospitals and methadone clinics that revealed convenience stores put more crime in an area. There is another detoxification facility in Boynton Beach for over 10 years and the home values in the area are going up. There are 400 apartment units across the street which is well leased. It is one of the areas that is a shining star in redevelopment in the City of Boynton Beach and was built long after the detox center was open. Vice Mayor Casello asked how many calls from public safety have been called to that location. Ms. Wesche advised in the nine years they have called the Sheriff four times for assessment of personal safety to themselves. There has never been an arrest or law enforcement called to their premises for any other reason. Mr. Weiner asked if a patient had ever been lost or left without their knowledge. Ms. Wesche replied no, it was a medical detox and it is voluntary. The patients are brought in, an intake is done, and they remain in the facility and monitored 24 hours a day, administered medication and then returned home upon completion of the program. If a patient wants to leave against medical advice, the patient is returned in the same fashion as they came in. The company is a Joint Commission Accredited facility, like a hospital. Patient safety is paramount. Mr. Weiner inquired about the eligibility criteria for the services provided. Ms. Wesche pointed out their facilities are not a Baker Act facility or a hospital. Patients are prescreened for the higher levels of care indicators prior to a face-to-face assessment by a nurse and a doctor does a physical. If it is an appropriate level of care in their situation, they are admitted. The screening of employees requires all direct care staff have a Level 2 background investigation with the FBI. The facility has never been investigated. It is inspected by 11 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 the Department of Children and Families every single year and had no issues. They are inspected by the Health Department and never had an issue. The Joint Commissioner Accreditation requires inspections every three years. Vice Mayor Casello asked how many times the paramedics/fire rescue responded to the location. Ms. Wesche did not have an exact count. It would only be done for a medical emergency. Vice Mayor Casello specifically asked how many times outside help had to be called to Ms. Wesche's facility during the last ten years. Ms. Wesche did not have an exact number. Mr. Weiner discussed security and asked about the fencing and perimeter. Mr. Karr advised it was a closed campus with a security fence around the entire structure. This property has a seven foot block wall on the one property line. There will be a six-foot vinyl fence around the other two sides. Mayor Taylor again attempted to silence the audience requesting them to allow the applicant to speak. Mr. Karr continued all fencing would be six feet tall or taller. It has automated security gates for cars to enter or exit. No one can walk out and have a gate open. It takes the vehicle to sensor the gate so it will open to exit. Video cameras will be mounted on the entrance gate and a call button. If not an employee, the call button allows staff to visually see the individual at the gate for access. There will be 36 exterior cameras with night vision capabilities. There is a well-planned site plan with parking lot lighting, landscape lighting, motion sensors and security lighting. The interior has 42 cameras so all rooms and hallways are under video monitoring. It is a 24-hour monitoring system that goes to the nurses' station and monitored at three locations off site. Vice Mavor Casello asked if there was protocol established if the cameras detected a problem. Mr. Karr added all the doors have alarms for exiting or entering. The front door is locked and requires approved entry to the lobby that continues to all other areas of the facility. Other exit doors have crash hardware to exit, but no one can enter without a key. Ms. Wesche responded every shift has a required number of staff including nurses and support staff and techs, based on a ratio to patients. There is a Safety Officer that is present at night to monitor any and all situations and support the direct care staff in de- escalating any situations. There have never been incidents during their years of operation. It is not a restraint facility needing that level of care. Violent patients belong in a hospital or psych ward type environment. The medications given make the patients less aggressive. 12 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 Mr. Weiner understood the concerns and wanted to address issues that may be problematic for the public. The plans have been available for quite some time for any engineering criteria. Statistics provided were based on a decade of experience. He attempted to diffuse a prejudice about those in the recovery community and those who need assistance. The purpose of the hearing is simply to consider a site plan. There had been prior hearings and an ordinance was carefully designed. This is the first project that addresses the requirements and has met all the standards and even addressed the public concerns. The facility cannot be denied because of a notion that it might more often use an ambulance. The requirements of the law have been met and the Commission sits as quasi -judges. The request has nothing to do with zoning. The applicant was open to discuss rational concerns and specific issues. Vice Mayor Casello asked how many meetings were held with the surrounding communities. Mr. Weiner disclosed he had discussions with Mr. Gold and there was a public hearing before the Planning and Development Board. Vice Mayor Casello did not understand why Mr. Weiner and his clients had not met with the residents of Hunters Run and other communities about their concerns. Mr. Weiner argued they were present tonight to listen to their concerns. Vice Mayor Casello commented it was becoming very controversial and could have been avoided. It was understood the letter of the law was on Mr. Weiner's side, but noted it was not always about the letter of the law, rather the decency of doing the right thing. Mr. Weiner apologized to Vice Mayor Casello and noted there is a process in place that includes a previous public hearing when any public concerns could be addressed. His clients followed every process and responded to any questions. Mr. Weiner apologized for not reaching out more to the residents, but did not feel it was a reason to deny the request. Commissioner Merker simplified the issue is money versus the heartbeat of the people. It is a business. The people are commenting about fear, danger, crime, safety, security, seniors and children. He declared the project was not good for the City of Boynton Beach. It was suggested the applicant reassess their position and if the people of the community are unhappy, the issue should not be forced. Commissioner McCray voiced his first concern was one section was approved and another rejected. Andrew Mack, Director of Development and City Engineer, indicated the Planning staff had recommended approval. There were two items that were deficient and a waiver was requested. One was queuing distance on Charter Drive to the entrance. Antidotal evidence that the amount of traffic generated did not warrant the 70 feet was submitted. The staff agreed and allowed less than 70 feet. 13 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 Commissioner McCray noted he did not represent District 1, but most of all he represents every citizen in the City of Boynton Beach. He listened to everyone tentatively and patiently and would not approve the request. Commissioner Fitzpatrick mentioned as a firefighter he had spent 15,000 hours on duty and he made no calls, no runs to a detox facility and knew of no other paramedics who had made those runs. He was stationed in Fire Station #2 and made hundreds of runs to Hunters Run. This site is an empty lot and had formerly been a nursing home, a medical facility that was water damaged beyond repair from a hurricane. It was a larger facility than the proposed site. The added traffic for the proposed facility would be much less than what was there. He believed it was possible there would be some wandering off and around the property. Commissioner Fitzpatrick noted there is another facility called the Watershed that is four stories with 250 to 300 beds. Its location is 200 yards from the entrance to Boynton Beach High School and has been there well over ten years. He had responded to a fair number of calls to the facility. He asked Chief Katz for any statistics on the impact of the Watershed facility. Police Chief Katz had statistics from a year ago. Between February of 2013 and February of 2014 the Police Department responded to 179 calls for service. The Fire Department responded to 108 calls for service at the Watershed. He understood there is an important distinction between the Watershed and the proposed facility. Commissioner Fitzpatrick surmised an adjustment for the size variance in the facilities would equate to 2.5 calls a month. Boynton Beach has 4,300 people per square mile making Boynton Beach an urban area. Like all cities, picking a neighbor is impossible. The project is totally legal. The City land use ordinance was passed after much discussion to allow these kinds of projects. Any concerns could have been addressed at that time. These are federally protected citizens with a medical condition. Detox centers are not sober homes that have many problems that are not adequately addressed by the state legislators. Detox centers are very well regulated. He would not vote to put the City in a precarious legal position. Mayor Taylor addressed his thoughts on the issues. As was mentioned, when it was initially presented the request was to put these type facilities in C-1, C-2 and C-3 zoning area. Mayor Taylor and Vice Mayor Casello voted against the proposal. Discussion evolved that the City was required to give to some availability and it was agreed that only C-3 would be utilized. The applicant comes in with a site plan and the Commission has to deride on the effect on the surrounding neighborhoods. There are many allowed uses in C-3 areas, many that are not appropriate. It is obvious this facility would have a negative effect on the entire surrounding area with schools, parks and residential areas. 14 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 It is not conducive to the area. There is a facility approved in Boynton Town Center commercial area. The City is not denying availability. There are available areas and in the right areas it can be done. Mayor Taylor recalled he was on the prevailing side when allowing the use in C-3 areas. He asked the Ordinance be brought back to the Commission for reconsideration of C-3 areas and what should be allowed. Mayor Taylor declared he would not vote for the site plan at the proposed location. (There continued to be questions asked and remarks made from the audience.) An unidentified man remarked about a prior use of the same site. Motion Commissioner Merker moved to approve the request for major site plan modification. Commissioner Fitzpatrick seconded the motion. Vote The motion failed 1-4 (Mayor Taylor, Vice Mayor Casello, Commissioners Merker and McCray dissenting). (The meeting was delayed while much of the public audience left.) Motion Mayor Taylor moved to bring the Ordinance back for reconsideration. Vice Mayor Casello and Commissioner McCray seconded the motion. Commissioner Merker asked for clarification. Mayor Taylor explained the Commission had approved locating these types of facilities in C-3 areas. There needs to be more specificity on the allowed uses to avoid unwanted uses in a particular area. He suggested the Commission look at all the areas and all the uses. Commissioner Fitzpatrick recalled Planning had a map that outlined the C-3 locations, so the Commission knew this type of facility could have gone there. Vote The motion passed 4-1 (Commissioner Fitzpatrick dissenting). 10. CITY MANAGER'S REPORT 15 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 A. PROPOSED RESOLUTION NO. R15-143 - Approve and adopt the Greenways, Blueways and Trails Master Plan, presented by Stewart Robertson of Kimley-Horn, consultant for the project RFQ No. 023-2730-14/JMA. Motion Commissioner McCray moved to approve the Master Plan. Vice Mayor Casello seconded the motion. Carisse LeJeune, Assistant City Manager, advised the Plan satisfied two items from two Commission adopted Plans. It addresses goal five, action item 2 of the 2015-16 Strategic Plan and completes the Climate Action Plan implementation item number 4.4.1 relating to non -motorized transportation corridors. If approved and adopted, the Plan will increase and enhance multi -module and non -motorized transportation, tourism, education, recreation, economic development, health, physical fitness and environmental conservation throughout the defined areas. Vice Mayor Casello thanked Ms. LeJeune for all her work and it was greatly appreciated. The Commission supports the Plan. Ms. LeJeune indicated the plan and presentation would be on the City's website for the public. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS - None 13. LEGAL A. PROPOSED ORDINANCE NO. 15-031 - FIRST READING - PUBLIC HEARING - Approve the fourth extension of the suspension of the application and enforcement of the Workforce Housing Program for a period of one year. Attorney Cherof read Proposed Ordinance No. 15-031 by title only, on first reading. Motion Commissioner Merker moved to approve Ordinance 15-031. Commissioner Merker seconded the motion. Vice Mayor Casello understood the program was not needed at this time. Ms. LaVerriere advised with the increase in development with rental apartment housing and 16 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 seeing market rates increase, more study time is needed. Recommendations would be made before the end of the year. Vote City Clerk Prainito called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 15-024 - SECOND READING - PUBLIC HEARING - Approve Petition to Expand Boundaries of Boynton Village Community Development District. (TABLED TO 11/17/15) Motion Commissioner McCray moved to remove Item 13.13 from the table. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 15-024 by title only on second reading. He explained the reason for the delay was Items 6.13 and 6.0 had to be approved by the Commission first. Mayor Taylor opened the issue for public hearing. Jerry Knight, Attorney for the Boynton Village Community Development District, had filed the petition on behalf of the District. If the Ordinance is approved he would request authorization for execution of the affidavit that is Exhibit 3, the owner consent. The City is the owner. Attorney Cherof advised it was inherent in the approval of the Ordinance and the document was available for signature. Commissioner Fitzpatrick asked how large the parcel was and Mr. Knight advised the City park area is 4.99 acres. Jim Gilda, Supervisor on the Boynton Village Community Development District, indicated the exchanged parcel is 3.2 acres but it would be improved with a parking facility, a dog park, grading, irrigation and landscaping. Motion Commissioner Merker moved to approve Ordinance No. 15-024 17 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote City Clerk Prainito called the roll. The vote was 5-0. 14. FUTURE AGENDA ITEMS NOVEMBER 17, 2015 A. Annual Performance review of City Manager - December 1, 2015 B. Review and appoint accordingly applications received for the CRA Advisory Board with the annual board appointments - December 15, 2015 C. Interlocal Agreement between the City and CRA for the Neighborhood Officer Policing Program - December 1, 2015 D. Interlocal Agreement between City and CRA for maintenance of the North Entry Signage Area - December 1, 2015 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:28 p.m. (Continued on next page.) 18 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ATTEST: V 1 , PA-c� Oitvy t M. Prainito, MMC Clerk /,' Judith A. Pyle, CMC. Deputy City Clerk 19 NOVEMBER 17, 2015 CITY OF BOYNTON BEACH J ay.1 2'-:;4 -1- lierry ylor, N,1 i yor Ilo, Vice Mayor Fitzpatrick, Comm DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Novus Medical Center (MSPM 15-008) APPLICANT: Jeffery Lynne, Esq., of Weiner, Lynne & Thompson, P.A., APPLICANT'S ADDRESS: 10 SE 1St Avenue, Suite C, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 17, 2015 APPROVAL SOUGHT: Major Site Plan Modification to construct a one-story, 19,000 square foot inpatient medical facility and related site improvements, located at 3005 South Congress Avenue, and zoned C3 (Community Commercial). LOCATION OF PROPERTY: 3005 South Congress Avenue, on the west side, north of North Charter Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. 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 "C" with notation "Included." 4. The Applicant's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: a016- City D9 City Clerk S:\Planning\SHARED\WP\PROJECTS\Novus Medical Office - 3005 S. Congress\Staff Report\xNovus DO.doc z e �lR� nvG6o ag pE y_� 0 4� f 3ANG GNVWVd 4q s R =°< 3f1N�'�V 553ii9N00 5 .- y N ? OnNeb3. $n u G Fp F, ^e 4 . a 5 NOVUS MEDICAL A PROJECT 14E5s OED i¢xsEo vqo _mwu R MdV SEPT 2015 ^ OFFICE 11,n MIO AEL D. SPRUCE. 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E I i • I � '4_% j r z o & a Sul li jk¢NOUNI O -C m i• r ce n i a - ��� .I as I 1/� I ➢li'{i � � g" Vol K0, ! Ilia II r r ry Y'� I i ti el` rye ---------- _ - -_ - -------------- � 3 -- B — --- ------- -------- EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: Novus Medical Center File number: MSPM 15-008 Reference: 3rd review of plans identified as a Maior Site Plan Modification with a September 28, 2015 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The queuing for the proposed gate at the westernmost driveway off x of Charter Drive is required to be a minimum of 70 feet in advance of the card reading device. Verify that 70 feet is being provided. 2. The queuing for the proposed gate at the easternmost driveway off x of Charter Drive does not meet the minimum code requirements for stacking of vehicles. As this entrance is designed for use by the general public, and according to the applicant and operational analysis submitted, the intended use does not attract much general public traffic, the entrance design may remain. However, should the use of the building/property change, or the operational characteristics evolve, or if deficiencies are observed by the City Engineer, the design of this entrance operation will be re-examined by staff and the owner/operator may be required to modify the design to meet the City's requirements for vehicle stacking. 3. Provide an employee only signs near the property line at the x westernmost entrance so that no errant vehicles will have to back up. 4. Outside turning radius of 55' shall be provided for sanitation and fire x truck access. 5. Minimum of 14 feet horizontal clearance is required for sanitation/fire x truck at one way driveway exiting the employee area. 6. The existing 6" water main must be abandoned at the main on the x west side of Congress Avenue, not capped as shown. 7. The covered entry to the building is in conflict with the existing x sanitary sewer. Prior to permit issuance a Hold Harmless Agreement must be submitted and approved, 8. Provide calculations to verify whether the existing grease trap x volume is adequate and confirm whether the grease trap is functional and structurally sound. 9. Verify whether the existing water valve box is part of the irrigation x system. Novus Medical Center (MSPM 15-008) 3 I Review Comments Paae 2 of 4 DEPARTMENTS I INCLUDE I REJECT 10. Confirm that there are no conflicts between the proposed light poles x and water and sewer utilities. 11, Provide a minimum outside turning radius of 55 ft. to allow turning x movements for solid waste and fire rescue trucks. Truck routes for fire and solid waste to be determined by individual departments/divisions. , 12. In general, palm trees will be the only tree species allowed within x utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. 13. At time of permit submittal, provide typical pavement section in x accordance with the Engineering Design Handbook and Construction Standards FIRE Comments: Comments have been addressed at DART held on September 22, 2015. POLICE Comments: Comments have been addressed at DART held on September 22, 2015. BUILDING DIVISION Comments: 14. At the DART meeting held on September 22, 2015 the representative x and owners acknowledged the first set of staff comments and were advised that a complete review will be performed at permit application submittal with a full set of plans. 15. At time of permit review, indicate within the site data the correct type x of construction of the/each building as defined in the 5th Edition (2014) FBC, Chapter 6 and the occupancy type of the/each building as defined in the 5th Edition (2014), Chapter 3. 16. Add a labeled symbol to the site plan drawing that identifies the x location of the handicap -accessible parking space/s. The quantity of the spaces shall be consistent with the regulations specified in the 5th Edition (2014) for Accessibility. The accessible parking space/s that serves a use shall be located on the shortest safety accessible route of travel from adjacent parking to an accessible entrance. The 5th Edition (2014) for Accessibility states that buildings with multiple accessible entrances shall have accessible parking spaces dispersed and located closest to the accessible entrance. Novus Medical Center (MSPM 15-008) 3rd Review Comments Page 3 of 4 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 17. All above ground mechanical equipment such as, but not limited to, x exterior utility boxes, meters, and transformers shall be depicted on all plans and shall be visually screened. Back-flow preventers shall be painted to match the principal structure. Please place a note on plans indicating this requirement and revise plans accordingly. This may require slightly shifting some of the water and fire apparatus further from the sidewalk or to another location on site to accomplish the appropriate screening. 18. The landscape code requires elimination of any small sod areas to x reduce irrigation demand. Please revise the landscape plan to delete use of all small areas of sod, and replace with Waterwise approved groundcover or shrubs as required by the landscape code. 19. At time of permit submittal, provide a tree planting detail to indicate x where caliper inches are measured and label as such. 20. Canopy trees are required within in landscape islands, if using x palms, either Florida Royal or Canary Island Date Palms may be used. If other palm species are used they may be substituted at a 3:1 ratio. 21. At time of permit submittal, provide a shrub planting detail to note x where shrub height and spread are measured and label as such. Note that shrubs are planted 2' on center. 22. At time of permit submittal, provide a palm tree planting detail and x depict the code minimum of 6 feet of clear wood. 23. At time of permit submittal, provide a detail of the existing wall. x 24. Requirements of Zoning Matrix Footnote #101 shall be satisfied x through site design, security and buffering requirements. Such measures shall include surveillance cameras, limited and controlled access points, operational procedures, as well as fencing and buffering for privacy of exterior areas intended for client or patient use. Although fencing is shown, indicate how all other requirements will be satisfied through design and/oroperation see accompanying Novus Medical Center (MSPM 15-008) 3rd Review Comments Page 4 of 4 DEPARTMENTS I INCLUDE REJECT Ordinance #15-002.) 25. At time of permit submittal, explain how the architecture style of the proposed building is consistent with the neighboring medical building. x 26. At time of permit submittal, revise site plan to include in tabular: existing use, zoning district, and future lands use classification on adjacent parcels. x COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. rm S:\Planning\SHARED\WP\PROJECTS\Novus Medical Office - 3005 S. Congress\Staff Report\ExhibitC-COA.doc ABBREWTTIIONS LEGEND ve^8c M1 w-�mn� a Pa.b Nxpa o xSta) p6+)ro.} f awl�lv?P.1 u: r+s�e.•Tz saw No Z:3 (mcl �o%u � ♦ ur"rxma ua M an.e'a. xN . ru.. vW x°c aN lz— w "AL TA 1A CSM" BOUNDARY SURVEY rlaiPe-HM'C' HA rF a fMu: _vi.n_ '�,,,,,•"'ya�m"'ansa I .�. ...._.—_— ��. . IL .._........ .____..— ._. ...— — f20CH ZLW£. "%H mmre.w Sdw 8, .9. .�enmgnvm.aa u: BAsr a" a AA « BASELINE SCALE.1'= .w' �o ENGINEERING & LAND SURVEYING, INC. 1400 N.W. 1st COURT BOCA RA TON, FLORIDA JJ4J2 a"ss a= aE Rave �° (561) 417-0700 rur o• uwoe eaff v.H Sr. vcs ra-jos GA-FSrn /F-F<i9 BENGMNARX RfFFRENQS R.HL Hu. /fHtP. V"¢ -/P2 EL-rS3YJ'(01%MO) _ _ Nrf lfdTF �1CMO�nTrtN au y.R.ss 3r/Mra "KUR'� � eaw a a � aAd LFR f1G Ad/: Y.R.G �[Ers lvaav rtv/Fsdt E0. dyNSd'G VIE [m4 aNsrdr�sscnor, Rva srndvrts 4"Lr E" uAMH LASE a JMS AX/m CMVlE55 AK eoxviw eE"w a wA ERNESI M. q/NGM P9/. STA ]£HF ECHGroA P.PCa£S'9LWAL A/RKttK AMD NAPE F Na SIBI RH BY .n .aaw arca v,nm.um®x.v .o v,wn. .K.�9 N0.: - EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: Novus Medical Center File number: MSPM 15-008 Reference: 3�d review of plans identified as a Maior Site Plan Modification with a September 28, 2015 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The queuing for the proposed gate at the westernmost driveway off x of Charter Drive is required to be a minimum of 70 feet in advance of the card reading device. Verify that 70 feet is being provided. 2. The queuing for the proposed gate at the easternmost driveway off x of Charter Drive does not meet the minimum code requirements for stacking of vehicles. As this entrance is designed for use by the general public, and according to the applicant and operational analysis submitted, the intended use does not attract much general public traffic, the entrance design may remain. However, should the use of the building/property change, or the operational characteristics evolve, or if deficiencies are observed by the City Engineer, the design of this entrance operation will be re-examined by staff and the owner/operator may be required to modify the design to meet the City's requirements for vehicle stacking. 3. Provide an employee only signs near the property line at the x westernmost entrance so that no errant vehicles will have to back up. 4. Outside turning radius of 55' shall be provided for sanitation and fire x truck access. 5. Minimum of 14 feet horizontal clearance is required for sanitation/fire x truck at one way driveway exiting the employee area. 6. The existing 6" water main must be abandoned at the main on the x west side of Congress Avenue, not capped as shown. 7. The covered entry to the building is in conflict with the existing x sanitary sewer. Prior to permit issuance a Hold Harmless Agreement must be submitted and approved, 8. Provide calculations to verify whether the existing grease trap x volume is adequate and confirm whether the grease trap is functional and structurally sound. 9. Verify whether the existing water valve box is part of the irrigation x system. Novus Medical Center (MSPM 15-008) 3rd Review Comments Page 2 of 4 DEPARTMENTS INCLUDE I REJECT 10. Confirm that there are no conflicts between the proposed light poles x and water and sewer utilities. 11. Provide a minimum outside turning radius of 55 ft. to allow turning x movements for solid waste and fire rescue trucks. Truck routes for fire and solid waste to be determined by individual departments/divisions. 12. In general, palm trees will be the only 'tree species allowed within x utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. 13. At time of permit submittal, provide typical pavement section in x accordance with the Engineering Design Handbook and Construction Standards FIRE Comments: Comments have been addressed at DART held on September 22, 2015. POLICE Comments: Comments have been addressed at DART held on September 22, 2015. BUILDING DIVISION Comments: 14. At the DART meeting held on September 22, 2015 the representative x and owners acknowledged the first set of staff comments and were advised that a complete review will be performed at permit application submittal with a full set of plans. 15. At time of permit review, indicate within the site data the correct type x of construction of the/each building as defined in the 5th Edition (2014) FBC, Chapter 6 and the occupancy type of the/each building as defined in the 5th Edition (2014), Chapter 3. 16. Add a labeled symbol to the site plan drawing that identifies the x location of the handicap -accessible parking space/s. The quantity of the spaces shall be consistent with the regulations specified in the 5th Edition (2014) for Accessibility. The accessible parking space/s that serves a use shall be located on the shortest safety accessible route of travel from adjacent parking to an accessible entrance. The 5th Edition (2014) for Accessibility states that buildings with multiple accessible entrances shall have accessible parking spaces dispersed and located closest to the accessible entrance. Novus Medical Center (MSPM 15-008) P Review Comments Pape 3 of 4 DEPARTMENTS I INCLUDE REJECT PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 17. All above ground mechanical equipment such as, but not limited to, x exterior utility boxes, meters, and transformers shall be depicted on all plans and shall be visually screened. Back-flow preventers shall be painted to match the principal structure. Please place a note on plans indicating this requirement and revise plans accordingly. This may require slightly shifting some of the water and fire apparatus further from the sidewalk or to another location on site to accomplish 'the appropriate screening. 18. The landscape code requires elimination of any small sod areas to x reduce irrigation demand. Please revise the landscape plan to delete use of all small areas of sod, and replace with Waterwise approved groundcover or shrubs as required by the landscape code. 19. At time of permit submittal, provide a tree planting detail to indicate x where caliper inches are measured and label as such. 20. Canopy trees are required within in landscape islands, if using x palms, either Florida Royal or Canary Island Date Palms may be used. If other palm species are used they may be substituted at a 3:1 ratio. 21. At time of permit submittal, provide a shrub planting detail to note x where shrub height and spread are measured and label as such. Note that shrubs are planted 2' on center. 22. At time of permit submittal, provide a palm tree planting detail and x depict the code minimum of 6 feet of clear wood. 23. At time of permit submittal, provide a detail of the existing wall. x 24. Requirements of Zoning Matrix Footnote #101 shall be satisfied x through site design, security and buffering requirements. Such measures shall include surveillance cameras, limited and controlled access points, operational procedures, as well as fencing and buffering for privacy of exterior areas intended for client or patient use. Although fencing is shown, indicate how all other requirements will be satisfied through design and/oroperation see accompanying 3 Novus Medical Center (MSPM 15-008) P Review Comments Paae 4 of 4 E IDEPARTMENTS INCLUDE REJECT] Ordinance #15-002.) 25. At time of permit submittal, explain how the architecture style of the proposed building is consistent with the neighboring medical building. x 26. At time of permit submittal, revise site plan to include in tabular: existing use, zoning district, and future lands use classification on adjacent parcels. x COMMUNITY REDEVELOPMENT AGENCY Comments: N/A & DEVELOPMENT BOARD CONDITIONS -PLANNING Comments: None COMMISSION CONDITIONS -CITY Comments: To be determined. II S:\Planning\SHAREDXWP\PROJECTS\Novus Medical Office - 3005 S. Congress\Staff Report\ExhibitC-COA.doc \ �,.� ^ W ✓��� � CJ I � �1 � � lid 'r"��u ..'Ci7% �'l/! lei aR IAS lS .� iYt.t' *✓i 0.j C�"L�"z'-*C � � u-� Vd�'�� J � J( tw—o . • a (a" /►oJr Gvt e cc 5 , r i Cie Gem, a-IWA$/,, D!z -i, ti �?/V, �, �s�la S fUU/yQIL�C e`n 11M1 G-{�—r.� � C,�d'� � S h D ✓ � c�' h-��' �!4 �. ,p L �C.2, JC✓-G�.l.�.t �i+7,p t� �n 5 rIoc Cb �cv Olt 0 P CIS, s � :a Iso 16 November 16, 2015 2 Southport Lane Apt. B Boynton beach, Florida 33436 Boynton Beach City Commission City Hall 100 East Boynton Beach Blvd. Boynton Beach, FL To Whom It May Concern: This letter is in reference to the proposed Detox /Rehab Center that to be built on the Corner of Congress Avenue and SW 301h Avenue. I OPPOSE the building of this facility so close to the barrier -free park that I take my grandchildren to very often, which is very close to the proposed building. I live at Hunters Run and use this park very often and feel it will no longer be a safe place to be in. I am very familiar with Detox facilities and rehabs and am glad that this area is interested in providing a place to help them recover but I also know first hand that these facilities are a gathering pace for recovering addicts and those who are struggling to do so. My experience is in having just such a facility across the street from an apartment I owned in NYC. Although the idea was good, it was a gathering place day and night, was noisy, disruptive and the area around the building was constantly dirty. Certainly not a good environment to take children or for the elderly. I do not feel that such a center will be an asset to the area in that the park is so close and also two schools, one elementary and one a middle school. I am sure the city of Boynton Beach can find a more appropriate property to build this facility. Thank you, Susa W. Kunzma From: Wendy Moldovan <wendy.e.moldovan@gmail.com> Subject: Letter to Take to Tomorrow's meeting- Thanks Jol!! You may sign for us! Date: November 16, 2015 8:45:31 PM EST To: JoAnn Tancer <jomarty@verizon.net> October 16. 2015 City of Boynton Beach Commission Officials 100 East Boynton Beach Boulevard Boynton Beach, FL Dear Sirs, Although we wholeheartedly support centers for struggling and recovering addicts, we are also aware that Southeast Florida has many properties from which to choose for such centers, many located in more appropriate locations. Therefore, we must strongly oppose the building of a detox center/ rehab facility in such close proximity to residences with a large numbers of senior citizens many of whom are physically disabled or homebound, an elementary school and children's park & playground. While it will be an inpatient facility, there will be a lot of "out-patient" activity taking place. It will invariably become a "hub" for struggling and recovering addicts to gather, day and night, 7 days a week. We know that having such a center at our doorstep would be a definite threat to our safety and security and to the children who attend the local school and play in the playground. Additionally, a facility such as this one would undoubtedly increase the rate of crime in our town. We are unable to attend the meeting in your offices tomorrow but feel compelled to express our strong opposition to this proposed plan. Sincerely, Wendy Moldovan Mark Wilensky 27 B Westgate Lane Boynton Beach, FL 33436 �D f 22—�J v�J ��b✓(� 'bP0"1J '��00 a -c6 w*"'A5R% 25 Eastgate Drive Hunters Run Boynton Beach, FL 33436 November 17, 2015 To Whom It May Concern: We are vehemently opposed to the establishment of a detox center in our neighborhood. We hope you will consider our vote against this plan. Thank you. Diane and Thomas Yee 11/17/15 To Whom It May Concern, We have heard of the proposed detox center and rehab facility. We are strongly opposed to the location of South Congress Avenue and 30th street. There is a children's playground at that location, an elementary school nearby and all the residents of Hunters Run within walking distance. This is an inappropriate setting for this type of facility. There are many other locations that you could consider that would be better suited for this type of facility. Again we are opposing this proposal and are recommending that you look at other options. Thank You for your consideration in this matter. Sincerely, ����� &w K" Renee & Stuart Brownstein, 38 Island Drive, Boynton Beach, Fla. cam, /0 tA) vc� tl r 0 -b 3 3� `�� �`` '� .f3 • 3� 536 rn lh-�m�,Y� v <e ary7 84 C,>Ij QQ<?(V-q UA -P+ 19 V.7 -,V rx�, I ,Z,� 4 --Yv v �tAb-1 as ) � -Q0V"� JPJ <7 ,/f/.o /�74- (� J �—'1ov4-y- Cr-ez��v-. 07 37 �r 3� e7 Coversheet Page 1 of 2 13.A. LEGAL 3/17/2015 (` CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/17/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15- 002 - SECOND READING - PUBLIC HEARING -Approve amendments to the Land Development Regulations, including amendments to the Definitions, Zoning Use Matrix, and corresponding Use Matrix Notes to establish a new use titled Medical Care or Testing (in -Patient) to allow medical uses that provide 24-hour services or treatment. (TABLED TO 3/17115) EXPLANATION OF REQUEST: The City's Zoning Regulations accommodate uses that provide medical testing and treatment in the following three general categories; 1) hospitals; 2) medical offices; and 3) imaging, testing and support services. Of the three uses, the only one where in-patient medical care is permitted Is hospitals. Hospitals, in summary, are institutional uses providing comprehensive medical treatment and care. Although nursing and convalescent homes provide basic, 24-hour medical care, they are currently labeled a Type 3 Group Home in the City's LDR and function more as permanent or long-term housing for residents/patients rather than a medical service. Until recently there has not been a demonstrated demand in the City for medical services that provide 24-hour care to patients. However, in response to the recent demand for services that provide 24-hour care, treatment and/or testing pertaining to sleep apnea, eating disorders, labor and delivery, hospice care, and substance abuse, staff has analyzed the zoning regulations and proposes amendments to address this deficiency by accommodating these uses as well as other excluded businesses that similarly provide overnight medical care and treatment Most significant to this analysis is that Hospitals are limited to the Public Usage (PU) Zoning District. The PU Zoning District is a unique district defined to "apply to those areas within the city whose ownership and/or operation is public, or whose use is primarily Instltutiona]ly-odented. When we think of'institubonal' uses, we typically consider those uses that are public or public/private in nature and that engage in public service such as schools, places of worship, lodges and charitable organizations, govemment-operated facilities, and hospitals. However, given the number and variety of possible medical uses that similarly provide services around-the-clock, and the unique and limited locations of the PU Zoning District, other appropriate zoning districts should be considered that match the type of intensity and locational requirements of these medical uses. The proposed amendments to the zoning regulations are intended to ensure that the City's zoning regulations are defensible, by not unjustifiably zoning out certain uses, and more importantly, maintaining compliance with the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). In general, both acts prohibit discrimination against the 'handicapped' or'disabled". Of course the FHA emphasizes the access to housing, and the ADA targets access to services, programs, or activities of a public entity. Most relevant to this code review and analysis are the following points: • The application or coverage of the ADA and FHA was expanded so that'physical or mental impairment' includes alcoholism and drug addiction, and expanded to also apply to those businesses providing related services and treatments; • Zoning is an activity specifically referenced in the Technical Assistance Manual for the ADA in discussing this function and its importance to be monitored for compliance with the ADA and FHA; • Zoning that does not regulate equitably those uses with like characteristics and purposes, which affect handicapped individuals, could raise concerns under the ADA and FHA; and • When zoning fails to allow the integration of handicapped individuals into society, such as a when zoning narrowly classifies drug and alcohol treatment facilities as 'institutional" while simultaneously excluding them from districts that allow related or similar medical businesses and services, such zoning could impede the integration expectation of the ADA and FHA Therefore, staff proposes the subject code amendments that have identified several uses currently excluded from the zoning regulations that provide 24-hour patient care and treatment. The proposed changes also provide the necessary definition for said uses; identify the zoning districts appropriate for such intense medical uses; and include additional location standards and operational requirements to ensure land use compatibility and adherence to proper review processes. The proposed new use was originally recommended by staff to be added to the matrix, as a permitted use in the C-3 (Community Commercial), PCD (Planned Commercial Development) and PU (Public Usage) Zoning Distnots. The C-3 Zoning District is the most intensive commercial district in the City's Zoning Regulations based on typical project size (i.e. land area and square footage) and customer traffic, and is intended to accommodate large commercial centers located with direct access from arterial roadways. Distances to residential areas are typically greatest, and design and buffering requirements are intended to match the scale of the project and mitigate impacts upon adjacent properties. However, the Planning & Development Board forwards the item with a recommendation for approval along with a specific recommendation to also Include the C-11 and C-2 zomn�l_Distncts, as they didn't think that the proposed amendments provided the subject uses with adequate (e.g. reasonable) location options. It should be noted that the proposed amendments still include the locational requirement that the uses be located along arterial roadways, and therefore Staff finds that the Board's changes still support the staff objectives to concentrate like land uses and preserve residential neighborhoods. Staff supports the Board's recommendations and therefore has Included the changes within the Zoning Use Matrix and Use Matrix Notes (See the accompanying exhibits where each of the proposed amendments to the LDR definitions, and Zoning Use Matrix and Use Matrix Notes are indicated including the Board's recommendation for including the C-1 and C-2 Zoning Districts), HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? NA FISCAL IMPACT: NA ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA http://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemlD=407&Mee... 3/16/2015 61 Coversheet CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: NA Is this a grant? No Grant Amount: ATTACHMENTS: Type D Staff Report D Ordinance D Attachment D OOW Description Staff report Ordinance - In -Patient Medical Care Exhibit 1 A Matrix excerpt Exhibit 1-B - LDR text REVIEWERS: Department Reviewer Action City Clerk Pyle, Judith Approved Date 3/32015 -11:21 AM Page 2 of 2 http://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemID=40?&Mee... 3/16/2015 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 14-047 TO: Chair and Members Planning & Develop t Board FROM: Michael Rump Planning and Zoning Director DATE: January 21, 2015 RE: Interim LDR Amendments (CDRV 15-001) To include 1) Provisions for the new zoning use Medical Care or ?Testing an -Patient); 2) Continued codification of the Transit -Oriented Development (TOD) overlay development standards; 3) Amendments to the sign standards applicable to commercial uses in certain M-1 zoning districts; 4) Amendments to sign regulations to facilitate certain improvements to non -conforming signs at shopping centers; and 5) The decrease in parking requirements for hotels. OVERVIEW The rewrite of the City's Land Development Regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post -adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments would further items #1 "business and economic development initiatives"; #2 "Advancing sustainability initiatives, and #4 "achieving regulatory compliance", as well as facilitate the physical improvement of the streetscape. (00050878.1 306-9001821 ) - ] - MEDICAL CARE — IN-PATIENT (ZONING USE) The City's Zoning Regulations accommodate uses that provide medical testing and treatment in the following three general categories; 1) hospitals; 2) medical offices; and 3) imaging, testing and support services. Of the three uses, the only one where in-patient medical care is permitted is hospitals. Hospitals, in summary, are institutional uses providing comprehensive medical treatment and care. Although nursing and convalescent homes provide basic, 24-hour medical care, they are currently labeled a Type 3 Group Home in the City's LDR and function more as permanent or long-term housing for residents/patients rather than a medical service. Until recently there has not been a demonstrated demand for medical services that provide 24-hour care to patients. However, in response to the recent demand for services that provide 24-hour care, treatment and/or testing pertaining to sleep apnea, eating disorders, labor and delivery, hospice care, and substance abuse, staff has analyzed the zoning regulations and proposes amendments to address this deficiency by accommodating these uses as well as other excluded businesses that similarly provide overnight medical care and treatment. The definition of "Hospital" is currently indicated in the LDR (Chapter 1, Article II) as: An establishment typically referred to as an institution (excluding "Group Home, Type 4') that provides comprehensive, inpatient and outpatient healthcare, including typical emergency medical, surgical, diagnostic, rehabilitation and treatment services, as well as other .specialized servicer ranging from bariatrics to wound care. This use would also include accessory meeting/conference facilities, limited retail sales, and administrative offices. Most significant to this analysis is that Hospitals are limited to the Public Usage (PU) Zoning District. The PU Zoning District is a unique district defined to "apply to those areas within the city whose ownership and/or operation is public, or whose use is primarily institutionally -oriented. When we think of "institutional" uses, we typically consider those uses that are public or public/private in nature and that engage in public service such as schools, places of worship, lodges and charitable organizations, government -operated facilities, and hospitals. Historically, communities would have only one hospital, which corresponded with a unique and tailored zoning district appropriate for the scale of the use, size of property affected, and surrounding land uses. However, given the number and variety of possible medical uses that similarly provide services around-the-clock, and the unique and limited locations of the PU Zoning District, other appropriate zoning districts should be considered that match the type of intensity and locational requirements of these medical uses. The proposed amendments to the zoning regulations are intended to ensure that the City's zoning regulations are defensible, by not unjustifiably zoning out certain uses, and more importantly, maintaining compliance with the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). In general, both acts prohibit discrimination against the "handicapped" or "disabled". Of course the FHA emphasizes the access to housing, and {00050878.1 306.9001821 ) - 2 - the ADA targets access to services, programs, or activities of a public entity. Most relevant to this code review and analysis are the following points: • The application or coverage of the ADA and FHA was expanded so that "physical or mental impairment" includes alcoholism and drug addiction, and expanded to also apply to those businesses providing related services and treatments; • Zoning is an activity specifically referenced in the Technical Assistance Manual for the ADA in discussing this function and its importance to be monitored for compliance with the ADA and FHA; • Zoning that does not regulate equitably those uses with like characteristics and purposes, which affect handicapped individuals, could raise concerns under the ADA and FHA; and • When zoning fails to allow the integration of handicapped individuals into society, such as a when zoning narrowly classifies drug and alcohol treatment facilities as "institutional" while simultaneously excluding them from districts that allow related or similar medical businesses and services, such zoning could impede the integration expectation of the ADA and FHA. Therefore, staff proposes the subject code amendments that have identified several uses currently excluded from the zoning regulations that provide 24-hour patient care and treatment. The proposed changes also provide the necessary definition for said uses; identify the zoning districts appropriate for such intense medical uses; and include additional location standards and operational requirements to ensure land use compatibility and adherence to proper review processes. Definitions (LDR, Chapter 1, Article H): Medical Care or Testing (In-patient) A facility, including emergency clinics and hospitals, which are open 24 -hours per day or provides 24-hour healthcare, treatment, and/or examinations, typically requiring overnight stays, and are based either on emergency, planned, or scheduled admittance to . facilities with controlled and secured access to ensure appropriate care of patients. Such facilities include: • Hospitals licensed pursuant Chapter 395, Florida Statutes; • Alcohol or chemical dependency treatment centers licensed pursuant to Chapter 397, Florida Statutes; • Mental health treatment facilities licensed pursuant to Chapter 394; Florida Statutes • Urgent care centers (24-hour); • Inpatient testing services such as sleep disorder centers; • Birth centers licensed pursuant to Section 383.305; Florida Statues; • Hospice facilities licensed pursuant to Part IV of Chapter 400; Florida Statues; • Eating disorder treatment centers; and (010050878.1306-9001821 ) - 3 - • Nursing homes and physical rehabilitation centers licensed pursuant to Section 400.062, Florida Statutes. Additionally, the subject amendments warrant other modifications to the definitions, as shown below in underlined and crossed -out text: Hospital -A.m.z�, . see Medical Care or Testing (In-patient); Medical or Dental lmaging/Testing/Support Services(Out patient); Medical or Dental Office (Out-patient) — A facility or clinic operated by one (1) or more physicians, dentists, chiropractors, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis including intensive out-patient treatment. Images, body fluids or other......; Mental Health and Substance Abuse — see " Medical Care or Testing (In-patient). Zoning Matrix (LDR, Chapter 3, Article IV, Section 3.D.): See Exhibit "A" for an excerpt of the Zoning Matrix with the proposed changes shown in underlined and crossed -out text. The proposed new use is seen added to the matrix, to be a permitted use in the C-3 (Community Commercial), PCD (Planned Commercial Development) and PU (Public Usage) Zoning Districts. The C-3 Zoning District is the most intensive commercial district in the City's Zoning Regulations based on typical project size (i.e. land area and square footage) and customer traffic, and is intended to accommodate large commercial centers located with direct access from arterial roadways. Distances to residential areas are typically greatest, and design and buffering requirements are intended to match the scale of the project and mitigate impacts upon adjacent properties. The C-1, C-2, and C-4 Districts are not appropriate given the intense nature of such businesses, the need for greater land area than the minimum size required by the zoning districts, and need for appropriate separation from residential areas. Whereas the C-1 (Office Commercial) Zoning District accommodates offices including medical and dental offices, this district is often considered a "transitional" zone between residential zoning districts and more intense commercial land uses given its compatibility with residential environments due, in part, to the limited hours of business operation and locations along the periphery of residential neighborhoods. Similarly, the C-2, (Neighborhood Commercial) Zoning District is to be compatible in scale and operation with residential zoning districts, and in fact is intended to be located in close proximity to residential land uses to facilitate access to convenient retail goods and services. The C-4 District would (00050878.1306-9001821 } - 4 - also be inappropriate for such uses given the smaller parcels that comprise most of the existing C -4 -zoned properties, and their close proximity to local streets and residential areas. The PCD District corresponds with the C-3 District with the principal difference being the requirement for a master plan as part of the rezoning process. Additional changes to the matrix would also include adding the same "(Out-patient)" description to the "Medical or Dental Office" use title, the individual "Hospital" use item currently in the matrix would be removed, and an unrelated change but necessary for consistency in the matrix is the addition of a "P" and footnote "#22" to the "Counseling" use item to allow such uses within the M-1 District similar to the treatment of general business offices if, in part, they are located along an arterial roadway. Zoning Matrix Notes (LDR, Chapter 3, Article IV, Section 3.D.): Existing Notes: No. 3. (to be amended) Amend #3 to read "Conditional use approval shall be required if located within twe one hundred fes) 100 feet from a residential zoning district or mixed use zoningdistrict." No. 14. (to remain unchanged) The subject use is only allowed on a lot that fronts on an arterial or collector madwaystreet as defined in Part III. Ch. 1. Art. 2 of the LDR under definitions for "Street -Arterial" and "Street -Collector". The following amendment is an unrelated, "house -keeping" amendment intended to remove the cap on maximum seats, with maximum floor area remaining to achieve the intended objective of limiting eligible sites to quick turn -over, convenience retail. No. 58. Restaurant. a. All Districts. See Chapter 3, Article V. Supplemental Regulations regarding the sidewalk cafe permit. b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or dental office but subject to the following conditions: (1) Signagc. No external signage for the restaurant use shall be allowed; (2) Hours of operation shall be limited to coincide with the hours of operation of the principal use. c. M-1 district. This non -industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple -tenant development on a lot that fronts on an arterial or collector roadway; 2) does not exceed two thousand, five hundred (2,500) square feet; ; 4 3) excludes a drive -up, drive-through, or drive-in facility; and 3 4) complies with all off-street (00050878.1306-9001821 } - 5 - parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. New Notes: No. 101. Medical Care or Testing_(In-patient) Other requirements and site standards: a. Minimum building setback shall be 50 feet when abutting a residential or mixed use zoning district to enable proper site design regarding secured access, private outdoor patron amenities, bufferingetc.,- b. tc.;b. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access points, and operational procedures to restrict unauthorized and/or unarrangcd accessing or exiting of the facility and/or propcM, c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering intended to support the objective to control access and increase privacy of areas intended for client or patient use. d. Permitted locations shall exclude the Community Redevelopment Area to limit the CRA to those complimentary uses available to the public and which contribute to the synergy of successful downtown commerce pursuant to an applicable redevelopment plan. No. 102. Pre-existing Such pre-existing uses which are no longer allowed uses pursuant to amendments to the Zoning Matrix shall not be construed as non -conforming uses. However, maior modifications to such uses shall be in accordance with the conditional use approval process if required pursuant to the Zoning Matrix, and adhere to the site design and operational restrictions of the applicable footnotes. 2. TOD (OVERLAY PROVISIONS INCLUDING DENSITY BONUS) The proposed amendments would further the codification of TOD regulations that commenced in 2013, and continued in 2014 with the establishment of a Downtown Transit -Oriented Development District within the Comprehensive Plan. Specifically, the proposed amendments would implement Future Land Use Element Policy 1.18.1, which established a Downtown TOD District, and Policy 1.18.2.b, which allows twenty five percent (25%) density increase for selected future land use classifications within the District. For the past eight years, the City has been participating with the Florida Department of Transportation (FDOT) and other agencies to expand the Tri -Rail commuter system to include new service on the FEC Railroad. The expanded service, named the "Tri -Rail Coastal Link," would add a series of new passenger rail stations on the FEC Railroad in (00050879.130&9001821 ) - 6 - Palm Beach, Broward, and Miami -Dade Counties, including a new Boynton Beach station just south of Boynton Beach Boulevard. FDOT and its transportation partners, including the South Florida Regional Transportation Authority (SFRTA), Palm Beach Metropolitan Planning Organization (MPO), Treasure Coast Regional Planning Council (TCRPC), have all prioritized the need to improve land development patterns in advance of station development for the following reasons: (1) transit -oriented development (TOD) improves ridership for transit service, thereby increasing efficiency; (2) transit service increases access to station areas, thereby increasing potential for higher intensity and density land development; (3) TOD equally accommodates all modes of transportation (car as well as pedestrian, bicycle, and transit), further increasing access to station areas and potential for increased development capacity; and (4) TOD encourages a park -once environment, which reduces vehicular demand on the roadway network, further improving efficiency and reducing carbon emissions. The most significant features of a TOD are (1) increased density and intensity of development, with minimum levels of development recommended by FDOT; (2) walkability and interconnectivity throughout the area; and (3) a mix of uses appropriate to the service and area. In June of 2013, the City Commission approved amendments to the Land Development Regulations to create provisions for TOD and the corresponding standards in the mixed use zoning regulations, including the minimum density and intensity standards for mixed use districts within the Transit Core and the Station Area, defined as a 1/a mile and '/z mile radius around the future station, respectively. The Comprehensive Plan policies adopted in 2014 gave a broad support to these regulations. First, they established a Downtown TOD District with boundaries coinciding with the Station Area. In addition, they instituted a density increase of up to twenty five percent (25%) for projects located within the District and classified Special High Density Residential, Mixed Use or Mixed Use -Core Future Land Use. The amendments increased maximum densities for these Future Land Use categories to twenty five (25), fifty (50) and one hundred (100) dwelling units per acre, respectively. Currently, the total number of units within the District is estimated at about 3,100, resulting in the gross area -wide density of 7.027 dwelling units per acre. The Community Center station, a model for the Boynton Beach Downtown TOD District, stipulates optimal densities between 11 and 16 dwelling units per acre. (The density of 11 dwelling units per acre corresponds to 4,862 units in the subject area). The proposed amendment would potentially help to reach this desirable threshold. Significant areas east of the FEC Railroad right-of-way are already classified as either Mixed -Use Core or Mixed Use (see Exhibit A) and more are targeted for higher density and intensity mixed-use development both east and west of the tracks. There are no properties currently classified as Special High Density Residential within the District, but some may be reclassified to this category in the future. (00050878.1 306.9001821 ) - 7 3. AMENDMENT TO SIGN STANDARDS APPLICABLE TO COMMERCIAL USES IN CERTAIN M-1 ZONING DISTRICTS This proposed amendment would allow maximum sign area for commercial uses proposed in the M-1 zoning district that are located along arterial and collector roadways, to be based on the ratio applicable to the commercial zoning district rather than the industrial (M-1) zoning district. Staff is recommending a "cleanup" of the sign code regulations applicable to those areas of the M-1 (Industrial) zoning district located on road rights-of-way in which non- industrial uses are allowed. Based upon the M-1 Corridor Study conducted several years ago, in an effort to create an improved visual image of industrial zoned properties abutting major thoroughfares within the City, the allowed uses were expanded to accommodate limited office and commercial type businesses. However, at the same time, the sign regulations were not updated to reflect this expanded use list. Office and retail properties are allowed a maximum wall signage allocation based upon the lineal front footage of the building/tenant space, multiplied by a factor of 1.5. For example, a tenant with a 30 foot front lease space would be allowed up to 45 square feet of wall signage (30 LF X 1.5 SF = 45 SF). However, industrial zoned properties are limited to one (1) square foot of wall signage based upon the front footage calculation, due to their typical locations along roadways of lower classification and traffic, such as local and collector streets. Using the same example as above (30 LF X 1.0 SF = 30 SF), the amount of wall signage is reduced by one-third. Since it is generally recognized that office and commercial tenants rely more heavily on signage than industrial businesses, due to customer traffic, and locations along roads with higher classification and design speeds, it seems appropriate that the sign regulations be updated to reflect the fact that non- industrial uses are now allowed on major thoroughfares in the industrial zoning district, and that such uses be afforded the same signage allotment as other office and retail businesses on the same corridor. This amendment would allow the limited list of non- industrial businesses accommodated on an arterial roadway within the M-1 zoning district to utilize the same signage calculation as office and commercially -zoned properties. 4. REGULATING OF NON -CONFORMING SIGNS AT SHOPPING CENTERS TO BENEFIT PHYSICAL APPEARANCE AND ECONOMIC DEVELOPMENT. The proposed amendments would increase flexibility in altering a non -conforming sign at a commercial shopping center for the purpose of accommodating additional tenant space, as long as the modifications would not worsen the magnitude of non -conformity, and result in some physical improvement to the design of the sign. The City has a number of nonconforming pole signs throughout commercial zoning districts, mainly located at the larger retail centers. Pole signs are tall signs, typically supported by one or more poles/posts, which provide a list of tenants within the shopping center. When the majority of these shopping centers were constructed, poles signs were a (00050878.1306-9001821 ) - 8 - permitted type of sign and the code at that time allowed sign heights up to 20 feet, regardless of property size and roadway classification. As a result, these signs continue to be maintained by the center owners in order to maintain the height and visibility the signs afford. Current sign regulations require these types of signs to be Monument Signs, which are defined as signs mounted to the ground or pedestal/foundation, completely along the bottom of the cabinet/sign. Monument signs are limited to a maximum of 12 feet in height, which is typically about one-half the height of the pole signs in existence today. Therefore shopping center owners make every attempt to maintain their existing signs, concerned that removal due to maintenance or damage may result in diminished visibility and advertising associated with a new code -compliant sign. The Nonconforming Signs portion of the code does not allow signs to be modified except for re -lettering or change of sign copy, unless the modification brings the sign into compliance with the sign code. While staff has permitted typical maintenance such as color changes or adding minor architectural enhancements that do not further the nonconformity, and in many cases lessen the nonconformity and enhance the appearance, there are few other changes that are allowed to these signs. Because many of the shopping centers have grown over the years, added outparcels or attracted well known national tenants that require larger signage in their leases, sign cabinets were added/modified over the years (when the signs were still deemed conforming), which has resulted in a hodge-podge, less than desirable appearance of these signs. Many times the center owners are the first to acknowledge this and desire improvements, but the code will not permit the structural modifications necessary to improve the design because of the nonconforming status. Over the last several years, a number of shopping centers have undergone major renovations and only minimal work could be permitted on these pole signs. Staff proposes to modify the Nonconforming Signs section of the Land Development Regulations (LDR) with the objective to allow certain modifications to nonconforming signs that would improve the image along the rights-of-way without worsening nonconformities. Staff recommends that wording be added to this section of the LDR to allow modification of nonconforming polc signs at shopping ccntcrs, whcn rcgulatcd by, or to be regulated by a Sign Program, as long as the mass of the sign structure is not increased (i.e_ height, length, and width). Such work may be structural in nature and may involve removal/replacement of sign cabinets. The sign owner would be required to make improvements that bring the sign structure(s) further into compliance with current sign regulations and shall, under no circumstance, worsen the nonconformity. The Nonconforming Signs section of the code already allows repairs to damaged signs up to 50% of the original cost of the sign, so it is logical to allow the owner to make aesthetic enhancements to these signs, again, as long as the mass of the sign structure is not increased. Staff firmly believes these signs are not going away, unless removed by a hurricane or other destructive force, therefore we believe additional latitude is necessary to improve their look and the image of the City. (00050878.1306-9001821 } - 9 - As part of these regulations, and as further incentive for shopping center owners to upgrade their signs, staff recommends wording that would change the allowed amount of repair of these renovated signs from the current language of "50% of original cost of the sign construction" to read "50% of the value of the upgraded sign". As part of the above discussion, staff envisions another opportunity to address the visual quality of these nonconforming signs and at the same time further economic development efforts to bring more and larger tenants to shopping centers experiencing vacancies. As noted previously, one of the key points in lease negotiations with prospective tenants is the amount and location of their signage, in order to gain maximum visibility. In many instances, this older shopping center sign is completely filled with tenant signage leaving no space on the sign for new, larger and/or potentially beneficial tenants . Most leases clearly denote the amount and location of signage granted to each tenant. Unless existing tenants are willing to modify the language within their leases, the prospective tenant will look elsewhere, possibly outside the City. Therefore, staff proposes to allow additional tenant signage on these nonconforming structures, again under the same requirements as noted above that requires approval of a Sign Program to support the proposed modifications as well regulate all other signage for the project, and results in the overall aesthetic improvement of the sign as reviewed and approved through the City's site plan amendment process. Staff does not envision these regulations being applied to single tenant property signs, as they tend to be of a smaller scale (only one tenant panel versus several) and less costly to replace. Therefore, staff recommends no further changes regarding the single tenant signs, but remains open to further review in the future. 5. MINIMUM PARKING REQUIREMENTS FOR HOTELS The purpose of this proposed amendment is to lower the minimum parking ratio for hotel rooms to better reflect actual demand as justified by the parking requirements of several other cities, as well as the user characteristics at a hotel located in the City. The proposed minimum parking ratio would minimize the construction of unnecessary impervious areas of a project and therefore support the City's green initiatives. Staff has been made aware that our parking requirements for hotels outside the Mixed Use High (MU -H) district are greater than nearly all other communities. Staff has taken pride in the fact that we have been able to reduce unnecessary parking for many uses, created overlay areas where parking requirements have been reduced and designed code language to cap maximum parking, all in an effort to preserve more green space/pervious area on site and reduce development costs. Reducing parking requirements furthers Green Initiatives championed by the City Commission and the leadership team. The City Code requires one and a quarter (1.25) parking spaces per a one bedroom hotel room and two (2) parking spaces per two bedroom hotel room, other than in the Mixed Use High (MU -H) zoning district (downtown), in which the requirement is one (1) (00050878.1306-9001821 ) -10- parking space per hotel room, regardless of the number of bedrooms. Staff reviewed the parking codes of twenty-five (25) cities within Palm Beach County and the State and various counties within the State. The results indicated that none of those surveyed differentiated between one and two bedroom hotel rooms, likely due to the fact that most occupants arrive in one vehicle, such as a family on vacation, therefore making the required second parking space unnecessary. The survey also noted that only one jurisdiction, Volusia County, required a parking ratio in excess of 1.25 parking spaces per hotel room (1.5). Nineteen of the twenty-five surveyed required 1.0 parking space or fewer, with the majority of those also requiring additional parking for employees and/or meeting space. Staff conducted an analysis utilizing a recently approved hotel (Towne Place Suites in Quantum Park) for the scenarios, calculating parking based upon the various formulas of the surveyed jurisdictions. Our code as currently written requires 151 parking spaces for the project. Only two (2) of the twenty-five (25) jurisdictions required more parking (159 and 156 parking spaces). The mean parking requirement averaged out to 137 parking spaces. Had this project been constructed in the City of Delray Beach, their code would have required only 97 parking spaces. In determining the mean average, staff discarded the two highest parking requirements (159 & 156) and the three lowest (83, 97 & 97) to provide a fair and more accurate portrayal of the median numbers. As a result of this analysis, staff believes our requirement for a separate parking calculation for the two (2) bedroom hotel room to be unnecessary and unjustified. Staff recommends the code be modified to a single calculation of 1.25 parking spaces per hotel room, which would have resulted in 145 parking spaces required in the above scenario, instead of 151 for the 116 unit hotel. This calculation is still higher than the mean number of 137 from the study, and would more than account for employees and social functions. This recommendation is based upon survey results treating all hotel units identically with a single parking calculation, regardless of the number of bedrooms, the fact that our minimum parking requirement exceeded nearly all others surveyed, and that the proposed amendment furthers the City's Green Initiatives. Staff additionally recommends an amendment to the code to address a hotel that has an internal restaurant or lounge open not only to the guests, but to the general public. In these instances, staff would recommend that parking be provided for those uses open to the general public at a rate of 50% of their requirement of a standalone operation. CONCLUSION / RECOMENDATION Staff is recommending approval of the proposed amendments. Overall, these amendments are intended to achieve regulatory compliance, promote Transit Oriented Development, encourage/promote business/economic development by allowing businesses that otherwise may be discouraged from finding suitable locations in the City, maximize compatibility among land uses and improve the aesthetics of the streetscape. Attachments SAPLANNINGiSHARED\RT\SPECPROACODE REVIEWN-PATIENT MEDICAL CAREVSTAFF REPORT . COMRINED TEXT ITEMS.DOCX (00050878.1306-9001821 ) - 11 - ITEM No. 1 MEDICAL CARE — IN-PATIENT (ZONING USE) EXHIBITS EXHIBIT 1-A: Use Matrix - Table 3-28 (Excerpt) - LDR, Ch. 3, Art. IV, Section 3.D. D Residential Commercial Mixed -Use Industrial Misc. P: Permitted Use r r ;P r r r .p ti K n 9 9 9 C] ti 9 C C: Conditional Use - �' N w - N w O G C C C C d n A: Accessory Use >t— N w x tz OFFICE & HEALTH CARE continued Counseling P P P P P P 6 6 6 6 6 P `T 31 P P Y RACC,Cal Carc v- 3 ;4 I f•.tine �Ir�onYrz�t1 L 14 1Qj 102 102 P Medical or Dental P P P P P P 24 Imaging/Testing/ P P P P P 2 Support services 1 16 16 16 16 16 311 Medical or Dental P P Laboratory P 13 29 Medical or Dental P P P P P P P P P P P P 27 Office iOut-oatientl 1 16 16 16 16 16 22 31 D EXHIBIT 1 - B ITEM No. 1 - MEDICAL CARE — IN-PATIENT (ZONING USE) Definitions (LDR, Chapter 1, Article II): Medical Care or Testing (In patient) A facility, including emergency clinics and hospitals, which are open 24 -hours per day or provides 24- hour healthcare, treatment, and/or examinations, typically requiring overnight stays, and are based either on emergency, planned, or scheduled admittance to facilities with controlled and secured access to ensure appropriate care of patients. Such facilities include: • Hospitals licensed pursuant Chapter 395, Florida Statutes; • Alcohol or chemical dependency treatment centers licensed pursuant to Chapter 397, Florida Statutes; • Mental health treatment facilities licensed pursuant to Chapter 394; Florida Statutes • Urgent care centers (24-hour); • Inpatient testing services such as sleep disorder centers; • Birth centers licensed pursuant to Section 383.305; Florida Statues; • Hospice facilities licensed pursuant to Part IV of Chapter 400; Florida Statues; • Eating disorder treatment centers; and • Nursing homes and physical rehabilitation centers licensed pursuant to Section 400.062, Florida Statutes. Additionally, the subject amendments warrant other modifications to the definitions, as shown below in underlined and crossed -out text: • Hospital - see Medical Care or Testing (In- ate); • Medical or Dental Imaging/Testing/Support Serviees(Out- atn ient); • Medical or Dental Office (Out-patient) — A facility or clinic operated by one (1) or more physicians, dentists, chiropractors, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis including intensive out patient treatment. Images, body fluids or other......; • Mental Health and Substance Abuse — see " Medical Care or Testing (In- patient). Zoning Matrix Notes (LDR, Chapter 3, Article IV, Section 3.D.): Changes to Existing Notes: No. 3. (to be amended) Amend #3 to read "Conditional use approval shall be required if located within twe one hundred (200) 100 feet from a residential zoning district or mixed use zoning,di'strict." EXHIBIT 1 - B No. 14. (to remain unchanged) The subject use is only allowed on a lot that fronts on an arterial or collector wry street as defined in Part III, Ch. 1, Art. 2 of the LDR under definitions for "Street - Arterial" and "Street -Collector". The following amendment is an unrelated, "house -keeping" amendment intended to remove the cap on maximum seats, with maximum floor area remaining to achieve the intended objective of limiting eligible sites to quick turn -over, convenience retail. No. 58. Restaurant. a. All Districts. See Chapter 3, Article V, Supplemental Regulations regarding the sidewalk cafe permit. b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or dental office but subject to the following conditions: (1) Signage. No external signage for the restaurant use shall be allowed; (2) Hours of operation shall be limited to coincide with the hours of operation of the principal use. M-1 district. This non -industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple -tenant development on a lot that fronts on an arterial or collector roadway; 2) does not exceed two thousand, five hundred (2,500) square feet; 3) eeff4ftilas ma*imum of twelve ( 2) seats; ^ 1) excludes a drive -up, drive-through, or drive-in facility; and 3 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. New Notes: No. 101. Medical Care or Testing (In-patient) Other reauirements and site standards: a. Minimum building setback shall be 50 feet when abutting a residential or mixed use zoning district to enable proper site design regarding secured access, private outdoor patron amenities, buffering, etc. b. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access points and gRerational procedures to restrict unauthorized and/or unarranged accessing or exiting of the facili and/or property. c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering intended to support the objective to control access and increase privacy of areas intended for client or patient use. EXHIBIT 1 - B d. Permitted locations shall exclude the Community Redevelopment Area to limit the CRA to those complimentary uses available to the public and which contribute to the synergy of successful downtown commerce pursuant to an applicable redevelopment plan. No. 102. Pre-existing Such pre-existing uses which are no Ionizer allowed uses pursuant to amendments to the Zoning Matrix shall not be construed as non -conforming uses. However, major modifications to such uses shall be in accordance with the conditional use approval process if required pursuant to the Zoning Matrix, and adhere to the site design and operational restrictions of the applicable footnotes. ITEM No. 2 TOD (OVERLAY PROVISIONS INCLUDING DENSITY BONUS EXHIBITS EXHIBIT 2 - B TOD (OVERLAY PROVISIONS INCLUDING DENSITY BONUS) Definitions (LDR, Chapter 1, Article II): STATION AREA- A geographic area established for planning and regulatory purposes, and which is characterized by "Compact Development" within a one-half (1/2) mile radius around a transit station. Within the framework of TOD and transit station planning, this area includes the "Transit Core." See "Transit Core." The Station Area of a !,,, mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri -Rail Coastal Link service on the FEC Corridor, coincides with the Downtown Transit -Oriented Development District (TODD). EXHIBTr 2 — C TOD (OVERLAY PROVISIONS INCLUDING DENSITY BONUS) Zonine Districts and Overlay Zones (LDR Ch. 3. ArL M. Sec. I.Overview) E. Mixed Use Urban Buildiniz and Site ReRulalions (Table 3-4). MIXED USE, MU -Ll MU -L2 MU -L3 MU -H URBAN Lot Area, Minimum acres): Public park: N/A N/A N'A N/A All other uses: 0.50 0.75 1 1 Lot Frontage, 100' 100 150 200 Minimum (feet): Structure Height, 30 30 30 30 Minimum (feet): Maximum Building/Structure Height (HT), Density (DU), and Floor -Area -Ratio (FAR): Classification of project frontage on type ofroadway: [if 1)U "-' FAR HT s DU FAR' HT' DU_" FAR HT' ` DU_�6 FAR 3'0/ Arterial - 20 1.0 65/100' 30/40 2.0/2.5 75/100' 40" 150/125 NO- =.0 3.5 s. 's Collector: 5 20 1.0 65 30/40 2.0/2.5 n/a n a n/a n/a n/a n a Lural Street 45 20 1 0 45 30/40 2.0/2.5 n a n/a n/a n/a 11/11 n a Build -to -line (feet) ": ront abutting a 0'° 0'° 0'" 010 public right-of-way: Rear: 0 " 011 0 0'. nterior side: On 0 '° 01D 0.. adding Setbacks, Minimum (feet) " Rear abutting " : Residential single- 251/01 15, S 25 ' family: - Intracoastal 25 ,g 0 w 0 waterway: Side abutting " Residential single- 25' /0' " 25 s ' ` family: Usable Open Space, nimum (square cet): EXHIBIT 2 - C 1. May be reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. 3. For property abutting the MU -H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of one hundred (100) feet from the MU -Il zoning district line and shall require conditional use approval. For properties abutting the MU -H district located east of US 1, the area of increase for height shall extend a distance of one hundred (100) feet from the MU -H zoning district line and shall require conditional use approval; however, no increases in density and FAR are allowed. Must also have principal frontage on arterial roadway. 4. Must also have frontage on local collector or higher roadway classification. 5. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 6. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any MU -L or residential zoning district not separated by a right-of-way. 7. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 8. Where there is an intervening right-of-way of at least forty (40) feet. 9. Subject to permitting agency approval. 10. Buildings and structures shall be located no farther than zero (0) feet from the property line, excluding those instances where strict adherence hereto would cause visual obstructions to vehicular traffic, particularly within the triangular-shaped area of property formed by the intersection of two (2) rights-of-way. See Section 5.C.2. below for additional relief provisions from build -to line requirements. 11. Listed eligible historic structures are not required to meet these standards. 12. The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5.C.3. below. 13. Usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation. See Chapter 4, Article III, Section 8 for additional regulations. 14. Projects within the transit core shall have minimum densities as follows: MU -1 -eleven (11), MU -2 - twenty (20), MU -3 - thirty (30) and MU -H - forty (40) dwellings per acre (except that minimum density for the MU -H district applies to projects located within the entire station area). 15. Projects within the transit core shall have a minimum FAR as follows: MU -L3 - one and three-quarters (1.75) and MU -H - two (2.0) (except that minimum FAR for the MU -H district applies to projects to be located within the entire station area). 16. The maximum density for Rroiects within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) may be increased W to twenty live percent (25%) over the maximum density allowed in the underlying zonine district. EXHIBIT 2 - D TOD (OVERLAY PROVISIONS INCLUDING DENSITY BONUS) Zoning Districts and Overlay Zoning (LDR Ch 3. Art. III. Sec. S) Mixed -Use (Urban) Districts. A. General. 2. Description of Districts. a. Mixed Use -Low Intensity 1 (MU -L1). The MU -LI district implements the mixed use (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of twenty (20) dwelling units per acre, ARM if 1A.AW 4thiR a.e ._...,g:tAArA xcept within the Downtown Transit- Orientcd Development District (DTODD) Overlay Zone (the Station Arca), where the maximum density is twenty five (25) dwelling units per acre. In addition, proiects located within the transit core of the Station Area shall have a minimum density of eleven (11) dwellingtnitsl2er acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. b. Mixed Use -Low Intensity 2 (MU -L2). The MU -L2 district implements the mixed use (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of thirty (30) dwelling units per acre, W ' Boa .4 -hi , the tfatmi• owe, -except within the Downtown Transit - Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is thirty seven and a half (37.5) dwelling units per acre. In addition, projects located within the transit core of the Station Area shall have a minimum density of twenty (20) dwelling units per acre. —This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. c. Mixed Use -Low Intensity 3 (MU -1,3). The MU -L3 district implements the mixed use (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of forty (40) dwelling units per acre A -Rd .FAiRiPAHM d@RS45' ,.c thi ft . (40) "'Oiling . its „ xcept within the Downtown Transit - Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum densi!y is fifty (50) dwelling units per acre. In addition, projects located within the transit core of the Station Area shall have a minimum density of thirty (30) dwelling units per acre. -This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. EXHIBIT 2 - D d. Mixed Use -High Intensity (MU -H). The MU -H district implements the mixed use core (MX -C) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of eighty (80) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is hundred (100) dwelling units per acre. In addition, projects located within the Station Area shall have a minimum density of thirty (30) dwelling units per acre.This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this district is to supplant the central business district (CBD) in the historic downtown and marina district. Location and General Use Requirements. c. Mixed Use -High Intensity (MU -H). (2) The MU -H district is appropriate for high density/intensity development intended for the downtown area, which is generally located east of the FEC Railroad, including the marina district, and which extends out from the planned train station by approximately three (3) to four (4) blocks. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit -Oriented Development District Overlay Zone (the Sstation Aerea) must contain a residential component and have space on the first floor which shall be devoted to commercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. EXHIBIT 2 - E TOD (OVERLAY PROVISIONS INCLUDING DENSITY BONUS) Zoning Districts and Overlay Zones (LDR Ch. 3, Art. III., Sec. 5.) C. Building and Site Regulations. 1. Building and Site Regulation (Table 3-21). DUSE, URBAN X11 -Ll MU -L2 MU -L3 MU -H L,ot Area, Minimum acres): Public park: N/A \' n NIA N/A All other uses: 0.50 0.75 1 1 Lot Frontage, 100 00 150' 200 Minimum (feet): Structure Height, 30 30 30 30 Minimum (feet): Classification of Maximum Building/Sbucture Height (lin, Density (DU), and Floor -Area -Ratio (FAR): project frontage on type ofroadway: HT DU 14-1° FAR HT' DU' "-u F'AR' HT' DU—"` FAR 111"' DU—`6 FAR Arterial: 45 20 1.0 65/100' 30/40 2.0/2.5 75/100 40" 50/„ 150/125 80 4.011 3 Collector: 45 20 1.0 65 30/40 2.0/2.5 n/a n/a nia n/a n/a u a Local Street': 45 20 1 0 45 30/40 2.0/2.5 n a 11 n/a 1) Build -to -line (feet) rant abutting a 0:: 0 0 010 )ublic right-of-way: ear: 0'° 0 011 0'° ntetior side: a u 010 0 uilding Setbacks, Minimum (feet) " Rear abutting 11 Residential single- ,� - - family:o Intracoastal 0 0' waterway: Side abutting Residential single- famil Jsable then Space. Minimum (square - o feet): EXHIBIT 2 - E 1. May be reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. 3. For property abutting the MU -H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of one hundred (100) feet from the MU -H zoning district line and shall require conditional use approval. For properties abutting the MU -H district located east of US 1, the area of increase for height shall extend a distance of one hundred (100) feet from the MU -H zoning district line and shall require conditional use approval; however, no increases in density and FAR are allowed Must also have principal frontage on arterial roadway. 4. Must also have frontage on local collector or higher roadway classification. 5. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these Regulations. 6. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any MU -L or residential zoning district not separated by a right-of-way. 7. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 8. Where there is an intervening right-of-way of at least forty (40) feet. 9. Subject to permitting agency approval. 10. Buildings and structures shall be located no farther than zero (0) feet from the property line, excluding those instances where strict adherence hereto would cause visual obstructions to vehicular traffic, particularly within the triangular-shaped area of property formed by the intersection of two (2) rights-of-way. See Section 5.C.2. below for additional relief provisions from build -to line requirements. 11. Listed eligible historic structures are not required to meet these standards. 12. The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5.C.3. below. 13. Usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation. See Chapter 4, Article III, Section 8 for additional regulations. 14. Projects within the transit core shall have minimum densities as follows: MU -1 - eleven (11), MU -2 - twenty (20), MU -3 - thirty (30) and MU -H - forty (40) dwellings per acre (except that minimum density for the MU -H district applies to projects located within the entire station area). 15. Projects within the transit core shall have a minimum FAR as follows: MU -L3 - one and three-quarters (1.75) and MU -H - two (2.0) (except that minimum FAR for the MU -H district applies to projects to be located within the entire station area). 16 The maximum density for projects within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) may be increased un to twenty five percent (25%) over the maximum density allowed in the underlying zoning district. 3. Additional Standards. See Chapter 4, Article ID, Section 6.H. for additional standards related to urban design and building location for properties located in within the transit core of ft the Downtown Transit -Oriented Development District Overlay Zone JLie Setation A-weaj . EXHIBIT 2 - F TOD (OVERLAY PROVISIONS INCLUDING DENSITY BONUS) Zoning Districts and Overlay Zones (LDR, Ch 3, Art. III., Sec. 8. Overlay Zones) E. Downtown Yransit-Oriented Development District (DTODD) Overlat Zone 1. Intent. This overlay zone implements Policy No. l .18.1 of the Comprehensive Plan's Future Land Use Element which establishes the DTODD to improve land development patterns around the future station of the planned commuter service. The overlay zone's features further enhance the vision embodied by mixed-use zoning districts with increased density and intensity as well as strong emphasis on interconnectivity throughout the area. 2. Defined. The DTODD Overlay Zone coincides with the Station Area of a 1/2 mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticilated location of the Downtown Boynton Beach Station for the planned commuter Tri -Rail Coastal Link service on the FEC Corridor. 3. General. See additional standards and requirements for mixed-use (urban) districts based on the 12roximily to the planned train station in Chapter 3. Article 111, Section 5.A. 4. Use(s) Allowed. For the DTODD, allowed uses are based on the undelvin zg oning district. See "Use Matrix", Table 3-28 in Chapter 3. Article IV, Section 3.D. 5. Building and Site Regulations. See Chapter 3. Article III, Section 5.C. 6. Additional Standards. See Chapter 4, Article III, Section 6.H. for additional standards related to urban design and building location for properties located within the transit core of the Station Area. EXHIBIT 2 - G TOD (OVERLAY PROVISIONS INCLUDING DENSITY BONUS) Exterior Building and Site Design Standards (LDR, Ch. 4, Art. III., Sec. 6.) B. Building Location. 1. General. The revitalization of urban places depends on safety and security, with building/street design having a symbiotic relationship. The location of a building and its proximity/interaction with the public realm is paramount when trying to create urban areas that have a "sense of place" that is consistent with smart growth principles and neo -traditional planning efforts. Development must adequately accommodate automobiles, but in ways that respect pedestrians and the forms of public space and gathering areas. 2. Standards. a. Each building shall meet the build -to line and reduced setback areas of the respective zoning district or Overlay Zone, whichever is applicable. The location of off-street parking areas is strongly discouraged between buildings and rights-of-way. However, in certain instances, this type of design may be impractical, and strict adherence may deter incremental improvements or upgrades to individual properties, which therefore, perpetuates the blighted conditions of the redevelopment areas. In these circumstances, deviations from the build -to line and reduced setback area requirements may be allowed, but only contingent the submittal of a Community Design Appeal application that satisfactorily addresses the evaluation criteria and when such application is approved by the City Commission. b. Within mixed-use and non-residential developments, structures proposed along arterial roadways shall be required to occupy the entire length of the street frontage, notwithstanding adjustments for cross -visibility, and open areas devoted to public gathering or pedestrian circulation. This building location requirement along the arterial roadway only applies to new construction or major site plan modifications to existing developments. Also see Chapter 4, Article II, Section 4.13.5. for additional streetscape design requirements. c. For properties fronting on arterial and collector roadways within Downtown Transit - Oriented Development District Overlay Zone (the Sstation Aereal, building location and design shall contribute to a "streetwall" of pedestrian scale, so as to prevent any interruptions to building massing, except in limited circumstances to promote project functionality as determined by the Director of Planning and Zoning. Interruptions in the streetwall shall be limited to those necessary to accommodate pedestrian pass-throughs, public plazas, entry forecourts, and permitted vehicular access driveways when access is not available from a local street. F. Off -Street Parking Area Standards 5. Miscellaneous Standards. f. Off -Street Parking for Station Area. See Section 6.H. below for additional standards regarding off-street parking areas located within the Downtown Transit -Oriented Development District Overlay Zone (the Sstation Aareal. NOTE: THERE ARE NO EXHIBITS FOR ITEMS 3 - 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion MARCH 17, 2015 Commissioner Merker moved to approve Resolution R15-030. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 13. LEGAL A. PROPOSED ORDINANCE NO. 15- 002 - SECOND READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations, including amendments to the Definitions, Zoning Use Matrix, and corresponding Use Matrix Notes to establish a new use titled Medical Care or Testing (In -Patient) to allow medical uses that provide 24-hour services or treatment. (TABLED TO 3117115) Motion Commissioner McCray moved to remove Items 13.A and B from the table. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 15-002 by title only, on second reading. Motion Commissioner McCray moved to approve Ordinance No. 15-002. Commissioner Fitzpatrick seconded the motion. Mayor Taylor was in favor of limiting the use to C-3 zoning. It has been approved by the Planning & Development Board. Staff now recommends C-2 and C-3 too. Vice Mayor Casello was in favor of C-3 and C-2. He was not in favor of the change, but he understood why it was being done. In his experience, Commissioner Fitzpatrick surmised these would all be quiet places. He did not see a problem and noted it was not a sober home. It was highly regulated with 24-hour supervision. It is another storefront. 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 Vice Mayor Casello asked why they were all along main roads and why could they not be situated in the CRA district. Mr. Rumpf first explained the regulations do not include in-patient medical care uses except near a hospital and limited to the PUD or PU zoning district. It does consider the impact on lower density areas and the redevelopment area. Compliance with federal laws, ADA and FHA, is an objective. Hospitals have been removed and the PUD zoning district would remain intact. The 100 -foot separation attached to the conditional use requirement was removed and now attached to the 50 -foot setback if not achieved. A waiver provision for the site and operational requirements were added. There is a variation in uses and the provisions may not be necessary. Even though a consolidated plan is being revised, there are some Code provisions that require amendments at this time. The recommendation is to allow them outside the extended core area of the CRA. The objectives are met and there are 30 different parcels or areas that would be eligible for the proposed uses. Five are between one and twelve acres in size. Those parcels are west, along arterial roadways. These would be larger separation regulations, There are 20 parcels or areas in the east and three that are vacant and range between .8 and 1.3 acres. All the properties east are smaller and that is why the west and larger parcels are encouraged. Portions of the CRA are eligible. There would be a case-by-case review of those not meeting the minimum setback standards. It reserves the CRA planning areas which are envisioned for commercial concentrations, slow traffic and pedestrian emphasis. This use would not be a contributing use to a redevelopment area. The fact these facilities operate around the clock, needs different regulations than outpatient medical uses such as a doctor or a dentist office. Many of those offices are located in C-1 zoning districts which are in close proximity to residential or low density areas. The proposed change would avoid the approval process not required of other uses. The individual use characteristic would have to be considered. It would avoid segregating or institutionalizing the uses. In the CRA area the uses in the corridor should engage and contribute to the corridor for shoppers and motorists. If there is a gap or institutional or medical use, it does not have to interact, but it changes the pattern of motorist behavior as well as shoppers. Land use patterns should promote compatibility and harmonious land use relationships. Mayor Taylor opened the issue for public comment. Mark Karageorge, 240A Main Boulevard, agreed the change needs to be in C-3 only, based on the Business Development Board who also feels this should be C-3 only. Staff's original proposal was for the C-3 zoning only, but was changed at the Planning and Development Board level. There was a potential for adverse effect with including F MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 C-2 and C-1 and the neighboring communities. He urged the Commission to amend the change to C-3 only. The goal is to bring business into the City and there are medical uses throughout the City. The limited use would serve the citizens in a very positive way. Michael Weiner, representing CMG Holdings, 44 East Boynton Beach Boulevard and 450 Boynton Beach Boulevard indicated his client would like C-2 zoning to allow the various uses. It is not just detox. It would include birthing, food disorders, urgent care. His client had plans to build on his property that would be medical oriented with other things. The additional uses are needed to attract additional renters. As a result of the changes it would appear all of Boynton Beach Boulevard from 1-95 east would be excluded. He wanted to make sure a conditional or permitted use would not exclude all of Boynton Beach Boulevard. Mr. Weiner pointed out nothing had occurred along Boynton Beach Boulevard west of Seacrest for almost 20 years and very unlikely in the future. Vice Mayor Casello noted there was a veterinarian facility that is under construction. Commissioner Fitzpatrick asked what commercial districts include doctor offices. Mr. Rumpf replied C-1, C-2, C-3 and C-4 and PCD. He questioned if the area around Bethesda Hospital would be included as written. Mr. Rumpf replied only if the uses were incorporated into the PUD as adjunct to a hospital service. The regulations would not apply since Seacrest is not an arterial roadway, rather a collector roadway. Mayor Taylor commented the City of Boynton Beach was on the leading edge of these types of facilities and going further into other areas would make the City a magnet for these type of operations. He would only support the change if it was limited to C-3. Commissioner Merker stressed it was multi -use medically; therefore, if it was a medical building, the purpose remains to help people and not a sober home. It is appropriate and would serve the community well. Motion Commissioner Merker moved to approve Ordinance No. 15-002 as presented. Commissioner McCray seconded the motion. Commissioner Fitzpatrick clarified these would be along Boynton Beach Boulevard, maybe Gateway, Federal Highway, Woolbright and Congress Avenue. Staff had recommended the change based on logic of zoning. The proposed areas would be least likely to impact adjacent residential properties. 29 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote MARCH 17, 2015 City Clerk Prainito called the roll. The vote was 3-2 (Mayor Taylor and Vice Mayor Casello dissenting) B. PROPOSED ORDINANCE NO. 15-003 - SECOND READING - PUBLIC HEARING - Approve amendments to the Mobile Vending Unit regulations of the Land Development Regulations, Part III - Chapter 1, Article II; Chapter 2, Article II; Chapter 3, Article V; Table 2-1 Applications by City Departments; and Table 3-28 Use Matrix (TABLED TO 3/17/15) Attorney Cherof read Proposed Ordinance No. 15-003 by title only, on second reading. Motion Commissioner McCray moved to approve Ordinance No. 15-003. Vice Mayor Casello seconded the motion. Commissioner Merker felt mobile vending machines would downgrade the City. He understood their purpose at events, but not located on private property. It would hurt other area businesses. Commissioner McCray indicated he works in Broward County that has mobile vendors all over and it does not bring down the City. Vote City Clerk Prainito called the roll. The vote was 4-1 (Commissioner Merker dissenting). C. PROPOSED ORDINANCE NO. 15-009 - SECOND READING - Approve amendments to Part II, Chapter 2, Article XII, Section 2-136(b) of the Code of Ordinances entitled "Establishment of Public Art Fee" to include an additional exemption for normal routine maintenance items. Attorney Cherof read Proposed Ordinance No. 15-009 by title only, on second reading. Motion Commissioner McCray moved to approve the Ordinance. Vice Mayor Casello seconded the motion. Vote 30 MICHAEL S. WEINER JEFFREY C. LYNNE LAURIE A. THOMPSON JAMES F. CAPLAN BRETT J. HORowrr2 October 23, 2015 Via: Federal Express & E-,11ail LAW OFFICES WEINER, LYNNE & THOMPSON, P.A. PROFESSIONAL ASSOCIATION 10 SE I" AvENuE, SurrE C DELRAY BEACH, FLORIDA 33444 James A. Cherof, Esq. City Attorney for City of Boynton Beach 3099 E. Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 jcherof@cityatty.com Re: Required Approval of Site Plan Application Novus Medical Center PCN# 08-43-46-06-15-002-0000 Our File: NOVP005 Dear Mr. Cherof: TELEPHONE (561) 265 - 2666 FACSIMILE (561) 945$779 MWEINERSZONELAW.COM W W W.ZONELAW.COM As you may be aware, our client, Novus Properties, LLC, submitted an application for site plan approval as revised on or about September 22nd of this year. Our client received and responded to the technical comments from staff. On October 27th, the issue will come before the City's Planning and Development Board (the "Board"). Our client agrees with the conditions provided by staff in anticipation of the Board's approval. The purpose of this letter is to place into the record the appropriate standard for approval of a site plan under Florida law The purpose of the site plan review and approval process is to provide for an analysis of the physical characteristics of a development project with the focus on building layout. The land use is not in question as part of the site plan process. See City of Gainesville v. GNV Investments, Inc., 413 So. 2d 770, 771 (Fla. 1St DCA 1982) ("The site plan merely regulates the layout of a piece of property, the design of the buildings, and the actual location of the buildings on the site."). The law is overwhelmingly clear and long-standing: the City's review of the site plan is quasi-judicial in nature and is limited in scope as to whether the proposed plans conform to the specific requirements set forth in the land development regulations. If the standards are met, the plans must be approved as a matter of law. Park of Commerce Associates v. City ofDelray Beach, 606 So. 2d 633, 634-635 (Fla. 4th DCA 1992); City of Gainesville v. GNV Investments, Inc., 413 So. 2d 770 (Fla. 1St DCA 1982). 0:\N0VP005\Correspondence\Letter to J. Cherof re Site Plan Approval 10.15. 1 S.docx James A. Cherof, Esq. October 23, 2015 Page 2 The law requires that any adopted law, which regulates the use and development of private property, be based upon definite rules and conditions, and be capable of uniform application. See North Bay village v. Blackwell, 88 So. 2d 524 (Fla. 1956). An ordinance whereby the City Council delegates to itself the arbitrary and unfettered authority to decide where and how a particular structure shall be built or where located without at the same time setting up reasonable standards which would be applicable alike to all property owners similarly conditioned, cannot be permitted to stand as a valid municipal enactment. Id. (Emphasis added). This long-standing proposition of law has been repeatedly reaffirmed by Florida's Supreme Court in Broward County v. G.B. V Intern., Ltd., 787 So. 2d at 842; City of West Palm Beach v. State ex rel. Duffy, 158 Fla. 863 (1947); and Drexel v. City of Miami Beach, 64 So. 2d 317 (Fla. 1953); as well as by all lower courts of appeal. See Effie, Inc. v. City of Ocala, 438 So.2d 506 (Fla. 51h DCA 1983); ABC Liquors, Inc. v. City of Ocala, 366 So. 2d 146,149 (Fla. I` DCA 1979). Accordingly, matters not related to the standard set forth in the applicable local ordinance cannot influence the outcome. A governmental agency departs from the essential requirements of law when it fails to follow this mandate. In summary, the City of Boynton Beach has provided several rounds of review and given specific conditions which have been addressed by our Client. There are no conditions that are objected to and all requirements of the site plan analysis are satisfied. For these reasons, it is our opinion that the application meets the standards of law outlined in this letter. If Zhavequestions, please do not hesitate to contact me directly. V, MSW :BKHfamm Cc: Ms. Bryn Wesch (via E -Mail) Jeffrey Lynne, Esq. (via E -Mail) Benjamin Hefflinger, Esq. (via E -Mail) Ms. Janet M. Prainito, MMC, City Clerk — Boynton Beach (via E -Mail) Mr. M. Rumpf, Director of Planning & Zoning — Boynton Beach (via E -Mail) Novus Detox Awards, Recognition, Press NOVUS is a drug detox facility with the overarching purpose of helping individuals and families get their lives back. Through innovations in drug detox and a caring, well-trained staff, Novus has moved the needle to bringing more awareness to the public about the dangers of prescription medication addiction affecting professionals and contributing members of society today. With relationships in their local community with law enforcement and City and County officials in regards to drug education; to winning awards for their business acumen and their commitment in upholding the highest standards in drug detox, Novus Detox has be called a leader in its industry, being called upon to give valuable insight to how drugs and prescription medications are crippling our society. The face of detox has changed. Novus is routinely called upon by major media outlets to comment on issues facing the addiction/healthcare industry today. Awards and Recognition Accredited by The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) • The Joint Commission is an independent, not-for-profit organization, The Joint Commission accredits and certifies nearly 21,000 health care organizations and programs in the United States. Joint Commission accreditation and certification is recognized nationwide as a symbol of quality that reflects an organization's commitment to meeting certain performance standards. • Accreditation lasts from May 22, 2013 - May 22, 2016, unless lengthened or shortened by the commission. Made the 2015 list which is three years running for the Inc. 5000 list of the nation's fastest-growing privately -held companies. • Made the list for the 3rd consecutive year at 3,399. • Inc. Magazine is part of the Inc. corporation which reports on today's economy, business industries, politics and emerging leaders and innovators. Tampa Bay Business Journal - 2014 Fast 50 List • Ranked #48 out of 50 on the list of fastest-growing privately -held corporations in Tampa Bay, Florida. • A division of the American City Business Journals, the Business Journals are the premier media solutions platform for companies strategically targeting business decision makers. We deliver a total business audience of over 10 million people via our 42 websites, 64 publications and over 700 annual industry leading events. Our media products provide comprehensive coverage of business news from a local, regional and national perspective. We have more people, publications and websites covering our nation's business than any other business media organization. • The Tampa Bay Business Journal is a subset of the (American) Business Journals. Premier Organization Member of NAADAC The Association for Addiction Professionals • The NAADAC is a leading organization and governing body that sets the bar for addiction specialists. • "NAADAC's Mission is to lead, unify and empower addiction focused professionals to achieve excellence through education, advocacy, knowledge, standards of practice, ethics, professional development and research." • "NAADAC is the premier global organization of addiction focused professionals who enhance the health and recovery of individuals, families and communities." Member of West Pasco Chamber of Commerce since 2013 • Kent Runyon, Executive Director of Novus, selected to participate in the Leadership Pasco class of 2016. Nominated for Tampa Bay Business Journal's prestigious 2012 Health Care Heroes Awards in the Healthcare Innovation and Research category. About Novus Medica/ Detox Center. Novus Medical Detox Center is a Joint Commission Accredited inpatient medical detox facility that offers safe, effective alcohol and drug treatment programs in a home -like residential setting. Located on 3.25 tree -lined acres in New Port Richey, Fla., Novus is also licensed by the Florida Department of Children and Families and is known for minimizing the discomfort of withdrawal from prescription medication, drugs or alcohol by creating a customized detox program for each patient. By incorporating medication, natural supplements and fluid replenishment, Novus tailors the detox process for each patient, putting the dignity and humanity back into drug detoxification. Patients have 24/7 medical supervision, including round-the-clock nursing care and access to a withdrawal specialist, and enjoy comfortable private or shared rooms with a telephone, cable television and high- speed Internet access. Novus' expansion is tied to their contribution to their industry and their local community, ranking number 48 on the Tampa Bay Business Journal's 2014 Fast 50 Awards list of the fastest-growing companies in Tampa Bay, and number 2,936 on the 2014 Inc. 500/5000 list of fastest-growing companies in America. For more information, visit www.novusdetox.com. New Study: Methadone Clinics Don't Bring Crime to Neighborhoods — Addiction Treatm... Page 1 of 4 Addiction Treatment Forum reports on substance abuse news of interest to opioid treatment programs and patients in medication -assisted treatment. Follow Us Search this website ... Home Newsletter News Updates Addiction Resources Rx Methadone & Safety Patient Brochures Events Clinic Locator Related Websites New Study: Methadone Clinics Don't Bring Crime to Neighborhoods April 6, 2012 by ATForum The NIMBY ("not in my backyard") people are at it again. But a new study refutes their claims and shows that methadone clinics don't attract crime. The Good News Crime Rates Aren't Higher Around Methadone Clinics In a well-designed study published online in Addiction, March 2, 2012 ahead of print, investigators compared data from a computer listing of all FBI reports of serious crimes, such as robbery, homicide, and sexual assault, in specific areas of Baltimore. The areas included 13 methadone treatment centers and three types of control locations: 13 convenience stores, 13 residential points, and 10 general medical hospitals. The study team found no significant increase in crime around methadone treatment centers (MTCs) or general hospitals. (The study period was January 1, 1999 through December 31, 2001. After collecting the data, the team spent several years developing the technology and analyzing the data before publishing the article.) And—here's something very interesting—investigators did find significantly higher crime counts close to convenience stores. Bottom line: Methadone clinic neighborhoods, unlike those of convenience stores, are not associated with a higher crime rate. The authors note, "Our finding that MTCs are not associated with increases in neighborhood crime addresses a major impediment to the establishment of new clinics, and should lead to greater availability of methadone maintenance treatment for the many persons who need it." http://atforum.com/2012/04/new-study-methadone-clinics-dont-bring-crime-to-neighborh... 11/17/2015 New Study: Methadone Clinics Don't Bring Crime to Neighborhoods — Addiction Treatm... Page 2 of 4 Let's hope the NIMBYs are paying attention. Reference: Boyd SJ, Fang LJ, Medoff DR, Dixon LB, Gorelick DA. Use of a "microecologic technique" to study crime incidents around methadone maintenance treatment centers [published online ahead of print March 2, 2012]. Addiction. doi: 10.1111/j.1360 -0443.2012.03872.x, But Emotional Protests Persist From Orange County, Florida: a methadone clinic that opened last month is the latest in a string of establishments "bringing crime to the neighborhood," some residents complain. Locals told WFTV's Drew Petrimoulx that pain clinics and pharmacies moving into the area are "attracting the wrong kind of people." "There's a lot more vagrancy." A resident gave WFTV a photo of two people passed out at a bus stop; she said the pair had just left the new methadone clinic. It's not as if this was an elite section of Orange County to begin with. In fact, one resident asked why the neighborhood was picked for a new methadone clinic when the area already had so many problems. Readers responding on the WFTV website echoed that opinion: "Don't make me laugh. That area has been horrible for a decade or more. "That area has been called heroin run for many years." " ... one is a fool to go near there." (htt www,wftv.com news news nei hbors-sa -methadone-clinic-brin in -crime nLP N ). Another From Somers Point, New Jersey: Fear gripped residents when an 89 -year-old woman was attacked and sexually assaulted in her home. A suspect was arrested, and the incident apparently is totally unrelated to the local methadone clinic that has been operating for 10 years. But that hasn't calmed people. They're upset and angry about the clinic. Staff writer Christopher Ramirez said residents are "fed up with problems in their neighborhood and are placing blame for recurring issues on a methadone clinic directly across from their homes. The City Council got creative and found a novel way to spur the methadone clinic to move: it introduced an ordinance to prohibit parking on the street bordering the clinic. (http://www.pressofatlanticcity.com/news/top three/article 68980e70-bee0-11df-be4a- 001cc4c03286.html.) And lastly from Salem, Florida: the Zoning Board of Appeals last month unanimously rejected a permit request for a methadone clinic. SalemPatch.com says Community Substance Abuse Centers (CSAC) plans to appeal, raising alarm among residents. The ZBA's stated reasons for rejection: traffic concerns and the residential character of the area, which includes Witchcraft Heights. [The Salem name is linked with a rumored ghost population; some say Salem is "bursting with struggling spirits just waiting to spook you." Maybe that's part of the problem. www.ahostsofamerica.com.] Any evidence of a rise in crime around existing clinics? Not that Salem Police Chief Paul Tucker is aware of. He should know, and he supports having a methadone clinic in Salem. http://salem. [)atch.com/articles/area-police-chiefs-meth-clinics-dont-u p -crime http://atforum.com/2012/04/new-study-methadone-clinics-dont-bring-crime-to-neighborh... 11/17/2015 New Study: Methadone Clinics Don't Bring Crime to Neighborhoods — Addiction Treatm... Page 3 of 4 Sometimes Good Sense Prevails As reported on the AT Forum website last November, a Warren, Maine methadone clinic won a NIMBY battle after a yearlong fight. Education, mediation, and lawsuit considerations triumphed over a classic NIMBY response based on emotions, and the community finally granted permits for an opioid treatment program. http://atforum.com/2011/11/methadone-clinic-wins-nimby-battle/OTP Patients (All sites accessed March 30, 2012.) N1 Tell us about your OTP NIMBY experiences and how you overcame them. You can post your comments by clicking the comment link at the top of this page. Categories: 2012, Bloq, Druce .Courts & Criminal Justice, Medication -Assisted Treatment_.(MATI, Methadone Tags: Methadone Treatment, NIMBY, Opioid Treatment Programs, OTP Patients Your comments and feedback are important to us. CURRENT NEWS UPDATE November 16, 2015: Issue 233 CURRENT NEWSLETTER AT Forum Volume 26 #5 Au ust Se tember 2015 SIGN-UP FOR E-MAIL NOTIFICATIONS SUBSCRIBE http://atforum.com/2012/04/new-study-methadone-clinics-dont-bring-crime-to-neighborh... 11/17/2015 New Study: Methadone Clinics Don't Bring Crime to Neighborhoods — Addiction Treatm... Page 4 of 4 © Copyright 2015 Addiction Treatment Foram - All Rights Reserved • Contact • Terms of Use • Privacy Policy http://atforum.coml2O l2/04/new-study-methadone-clinics-dont-bring-crime-to-neighborh... 11/17/2015 Ben Hefflin er From: Rumpf, Michael [mailto:RumpfM@bbfl.us] Sent: Thursday, July 09, 2015 4:14 PM To: Jeffrey Lynne Cc: Ashlee Coosaia Subject: Question regarding Medical Care or Testing (in-patient) Jeff, see below: Let me know if you have additional questions. We understand that detoxification and residential treatment uses generally fall within the C-1; C-2; C-3; and PCD zoning districts, subject to various locational limitations and site standards. We have two questions: (1) Generally speaking, does the City consider arterial streets to include Federal Highway, Congress Avenue, Woolbright Road, and Boynton Beach Boulevard? If there is a map that identifies which roads are designated as "Arterial" (such as in the City's Comp Plan), please just let us know. The attached indicates road classifications. (2) We understand that these uses are classified as "Conditional Uses" in those instances "if there exists less than a fifty foot setback between the subject use and an abutting residential or mixed use zoning district." Is that measured from property line to property line, or from building footprint to zoning district property line (or otherwise)? Similar to the conventional method of measuring building setbacks, from the subject principal building to the corresponding property boundary where abutting a residential or mixed use zoning district. We just want to be clear on these matters for clients who inquire with us. Much thanks. JEFFREY LYNNE, ESQ. WEINER, LYNNE ft THOMPSON, P.A. 10 SE 1st Avenue, Suite C Delray Beach, Florida 33444 Tel (561) 265-2666 1 Fax (561) 945-8779 ilynne@zonelaw.com I www.zonelaw.com REAL ESTATE I ZONING I GOVERNMENT AFFAIRS I LITIGATION Michael Rumpf, Planning ft Zoning Director Development, Planning It Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 o: 561-742-6261 RumpfM@bbfl.us I www. boynton- beach. or� America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. City of Boynton Beach Thoroughfare System Functional Classification of Roads Legend nmmr Urban Principal Arterial (U -PA) 1-111 Urban MinorArterial (U -MA) Urban Collector (U-COL.L) as o ,anus ' V Map 2-1 H Oluxo d Hypoluxo d Hypoluxo Rd i 92 Ic CAO) ¢ �" �{ I ix l O i 1 U �! �¢ Rd z Miner Rd > 'ner�dT�� Mlner rr••! r.•i 1 gra a E Gate41a Y ewd, �T VVV CO wa . d Ge ei Ga 1 T" - i Q� ■r.� LLL Z 2 C > m 1 3 Old Boymon Rd � x f g each Ave Boynton B Blvd -Ave j -- -; s... d N r cn r 1 r W (D 'Rd e oolbright Rd ul w woolbrigh Rd ! a z SW 2 W 23rd Ave Ave �� L 0 �r. n 2 Golf Rd CO 1 �( Q ar i i ,• N m ��� 'J, i 1 j i O Legend nmmr Urban Principal Arterial (U -PA) 1-111 Urban MinorArterial (U -MA) Urban Collector (U-COL.L) as o ,anus ' V Map 2-1 Novus Medical Center City of Boynton Beach City Commission November 17. 2015 Surrounding Area NE corner of Congress and 30th Ave NW corner of Congress and 30th Ave. Surrounding Area . VW , ~` \ Y Ilk , - f ' a SE corner of Congress and 30th Ave SW corner of Congress and 30th Ave. What is Detoxification? DETOXIFICATION? Removal of poisonous effects of a Novus Medical Center • All clients/patients come to center voluntarily. Not court ordered. • Clients/patients personally invested in their recovery. • No security risk to neighborhood, families, kids or others. • All clients are transported to and from facility by staff in limousine or unmarked vehicle (usually flying in and out of PBI). • Average stay is 6 -7 days or less. • Clients/patients will not be able to wander from property. • Not a "prison" - it is a place of healing and recovery. Novus Medical Center New Port Richey, FL n Zoning- T3)I 3005 S. Congress Avenue Definition Medical Care or Testing (In-patient) MEDICAL CARE OR TESTING (IN-PATIENT) - A facility, excluding hospitals, which open 24 hours per day or provides 24-hour healthcare, treatment, and/or examinations, requiring overnight stays, and are based on emergency, planned, or scheduled admittance to facilities with controlled and secured access to ensure appropriate care of patients. Such facilities include: 1. Alcohol or chemical dependency treatment centers licensed pursuant to F.S. Chapter 397; 2. Mental health treatment facilities licensed pursuant to F.S. Chapter 394; 3. Urgent care centers (24-hour); 4. Inpatient testing services such as sleep disorder centers; 5. Birth centers licensed pursuant to F.S. § 383.305; 6. Hospice facilities licensed pursuant to F.S. Chapter 400, Part IV; 7. Eating disorder treatment centers; and 8. Nursing homes and physical rehabilitation centers licensed pursuant to F.S. § 400.062. Permitted Use Medical Care or Testing (In-patient) 10 1. Medical Care or Testing (In-patient). Other requirements and site standards: ditional use approval shall be required if there exists less than a fifty (50) foot setback between the subject use and an ujtii g residential or mixed use zoning district. This separation is intended to enable proper site design regarding secured acc , private outdoor patron amenities, buffering, and the like. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access points, and perational procedures to restrict unauthorized and/or unarranged accessing or exiting of the facility and/or property. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design. Justification share provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. acy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering intended to upport the objective to control access and increase privacy of areas intended for client or patient use. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design. Justification shall be provided to eall n conjunction with site plan review or when applying for Certificate of Use approval. addition to the locational restriction of footnote No. 14 (arterial roadway frontage), allowed locations within the CRA exclude Planning Areas #2, #3, and #4 as defined within the Federal Highway Corridor Community Redevelopment Plan Update adopted in 2006, and the Boynton Beach Boulevard corridor. The intent of this standard is to reserve certain areas within the CRA to those uses that contribute to, and enhance, the entries into the downtown, the fabric of the streetscape, harmonious land use relationships, downtown retail and commerce, and other urban development efforts that establish a sense of place along the key routes leading to, and within, the downtown pursuant to an adopted redevelopment plan. Search Tools Layers �nnt 'Messages Distance: 285.999 feet / 0.054 miles Finished Measuring Total Distance: 285.999 feet ! 0.054 miles Gory R. Niko6rs, CFA PMjwrtyAppNISw aeach Coun A;. ter DrN b -•v- I ly �r WOSEL ME::1CaL ''FFI-" -!vE $TORY 2D' NGM • 1 - 9.000 Sr ``i Ir/ t t r 1 n [ rarmt xc+wr 1 o ter DrN Case Law "All persons similarly situated should be able to obtain site plan approval upon meeting the uniform standards. Otherwise, the official approval of a site plan application would depend upon the whim or caprice of the public body involved." Park of Commerce Associates v. Citv of Delray Beach 606 So.2d 644 (Fla. 4th DCA 1992) Novus Medical Center • 75 new jobs • Will hire qualified local employees if available • Locational security for neighborhood • Large financial investment in community • New real estate taxes generated for the City of Boynton Beach • New building permit fees generated for improvements t0i21Q is www.oapdm4)eachJ1.tatmWAspaPropwWoWIProprryDeWl.agw?pwcel=084348081500200006 Gary R. Nikolirs, CFA Homestead Exemption Property Appraiser Palm Beac-i County Location Address 3005 S CONGRESS AVE Municipality BOYNTON BEACH Parcel Control Number 08-43-46-06-15-0024)000 Tax Year 2015 P 2014 2013 Ad Valorem 525,920 $25,857 525,416 Non Ad Valorem 5225 $225 $210 Total tax 526,145 $26,082 525,626 W L&T A"1"I'OKNEI'ti No Exemption Information Available. Number of Units 0 *Total Square Feet 0 Acres 4.4166 Use Code 1000 - VACANT Zoning COMMERCIAL C3 - Community Commercial ( 08-BOYNTON BEACH ) Tax Year 2015 P 2014 2013 Improvement Value s0 so SO Land Value 51,154,219 $1.142,098 S1,119,704 Total Market Value $1,154,219 $1.142,098 $1,119,704 P - Preliminary All values are as of January I st each year Tax Year 2015 P 2014 2013 Assessed Value $1.154,219 51,142,098 $1,119,704 Exemption Amount so so so Taxable Value $1,154,219 S1,142,098 51.119.704 Tax Year 2015 P 2014 2013 Ad Valorem 525,920 525,857 $25,416 Non Ad Valorem $225 $225 $210 Total tax S26,145 $26,082 525,626 W L&T A"1"I'OKNEI'ti