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REVIEW COMMENTS Meeting Minutes Regular City Commission Meeting Boynton Beach. Florida C c.v--...c.( ('kt,:::'''''''' ~- ~c: ik., _L<"_ ~,..: ~:'j ~,<"- ~LLt'\~. . ~'122" 11-tc"io August 20, 2002 Ninety individuals submitted green cards that expressed opposition to the application and those cards are attached to the minutes. Motion Commissioner Fisher moved to deny the request to amend the Comprehensive Plan Future Land Use Map for a 1.43-acre parcel from Low Density Residential (LOR) to Public and Private Government/Institutional for Bethesda Hospital (LUAR 02-004). Commissioner Ferguson seconded the motion. Vice Mayor Weiland stated that in the interest of clarity, a statement was made to him that his opening statement led them to believe his mind had been made up before hearing the facts from both sides. He said he had spent countless hours over the last six months hearing from both sides and that many of the people were people he had known for many years and considered friends. He attended meetings with the residents and at the Hospital. He came into the meeting with the idea that this would be a good project but he believed he could be swayed either way. He still firmly believed that one thing that bothered people most was that the Hospital would continue encroaching on land to the west until they got to 1-95. He assured everyone that this would not happen. They were also worried about their property values. He stated that he would rather live on the west side of 4th Street so he could see the green space and the mature trees and shrubbery, street lamps, and benches. He believed if the project were to be approved. there wouldn't be one resident who wouldn't look at it and state that it was very nice. If the motion to deny failed. there would still be things to talk about such as the deed restrictions. Even though they were not talking about the Site Plan, they needed to discuss such things as landscaping and the applicant must be willing to discuss such things in depth. He valued everyone's opinions and appreciated their coming out to this meeting. He knew several people from Boards that had made statements and he valued their opinions also. He compared this project to where he was born in Holy Cross Hospital in Fort Lauderdale. where a community had sprung up around the hospital and where property values were high. He wanted to see the project done and done in the right way and he hoped that his opinion would be whether the project passed or failed at this meeting. Mayor Broening stated one of the hardest things an elected official had to do was make decisions regarding a public need and a local concern. He said the Commission had made some hard choices and had not always voted unanimously. The issue of whether or not the applicant had met the conditions was based upon the description of what the Hospital is and it had been determined that it most closely resembles a commercial operation, due to the intensity of the operation in precisely the area in question. It was suggested that to grant this would be somehow spot zoning. He had not heard staff address that and did not believe it made that cut The other problem was the linearity of the existing zoning and that the breaking of it He was clearly inclined to meet a community need, which not only includes the 63,000 residents of Boynton Beach but a large number west of the City. That is what he felt was his responsibility if he gained assurance that the conditions were not a legal "sticky wicket", in terms of meeting the requirements to make a zoning change. They had precedent in the City for making zoning changes where a neighborhood had been involved. It was a tough decision and brought the Krispy Kreme issue to mind. Staff was in favor of that and the Commission 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 20. 2002 ultimately, with one dissention voted for it. After some time and with some legal tests, it appeared that it would prevail. He called the question. Mayor Broening called the question. City Clerk Prainito called the roll and the motion failed 3-2. Vice Mayor Weiland directed his comments to Mr. Kilday. saying that he wanted both parties to be clear about the deed restriction and that If the parking ga@9.e.J.Jj<j not-SQ_ forward, that the land would revert back to a Resid~Jltial classific~ti()n. Mr. Kilday said that would need to be worded, deferring to the City Attorney. in such a way that you would revisit the land use change. You would formally have to make a motion to turn it back. It has been done. There could be a reversion mechanism where it is brought back to the Commission for reconsideration. Vice Mayor Weiland stated that in the same deed restriction, he wanted to make it clear that now and in the future, whether two years or twenty-two years from now, that there would be no ingress or egres~.onto S.w:_4th Street. Mr. Kilday agreed. t..'<' (. '(/(\ L' Vice Mayor Weiland confirmed that the applicant would use 20 to 24 foot trees in the .~arrier side/whether on the lower or upper side of the retaining wall, whatever m~de it work to hav/; a compatible landscape plan with the existing treellhat are there no~ and that the undergrowth be to or above Code alon!;! the property line. He did not wish to set dimensions for caliper of the trunks or the spread of the trees; for instance, there could be a tree with a ten foot spread and a three inch caliper trunk because that is just the way it grows and vice versa. The applicant and staff ne~d toy.rork_!ogeth~.rJ.9JQ[mulate a plan on landg:'~'ping that uses very mature material. He wanted staff to note that. (One of his biggest concerns was to protect the S.W. 4th Street residents when construction starts to happen from Day One, not 30 or 60 days after the project started.) He did not want to see eighteen-wheelers going up and down S.W. 4t~ Str!9pt. trying to make U-turns. ~nety-nine percenLQLcgnstruction traffic needs to ente"'(onBethesda p.1QQerty fr.9m _~he ejlst sid.e Qf the proje.cLand exit from that side as well. Towards thl1<.- end of the project there might have to be a little larger trucks to deliver landscape .,,~ material. In the event that anything was damaged in homeowners yards as a result of traffic from a landscape or construction vehicle, that the a0llicant would ~ responsible for remedying the dam~. TherEl. need to be Proiect Managers. The City, in certain situations, designates an individual to work very closely on projects to make sure that it goes as it is intended to go. Mr. Kilday said there could be a telephone number at the Hospital and a direct contact for any issues that would be publicized to all the neighbors. In the past that has been a problem that people do not know who to call in the Hospital. They could do that. Vice Mayor Weiland stated that if the project were to pass at this meeting. he wanted to ,!Je kept in_ theJo~'pers9Q13!IY'_of i.lny 1l1E2.E3Jlngs.that were scheduled so he could attend and know first-hall~t \',Ias being discussed with the neig..h.9.QN, He wanted to make sure, 100%. that this neighborhood was protected and that its integrity was kept to the highest standard that it is right now or better. 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August20,2002 Mayor Broening stated that his decision also hinged on certain Site Plan issues, even though that was not directly on the agenda. Mayor Broening thought this discussion was germane because the appearance of the intended application had a bearing on granting the req uests. Commissioner Fisher asked staff if Site Plan issues were germane to the question. Attorney Cherof stated that the representations made by the applicant are material to the two agenda items before the Commission. They may allude to issues with respect to the Site Plan but they were clearly relevant in terms of supporting the two agenda items and material to that He stated that it was important for Mr. Kilday to make certain that his client was in agreement with those representations because it was clear from the Vice Mayor's comments that they were pertinent to his and the Mayor's decisions. He asked about a condition of approval regarding :'.no more western expansion." Can a future Commission override that? The answer was that they could. Attorney stated there would be some limitations on that Once a Commission acts upon a land development matter before them, if there is reliance upon that Commission action by the applicant, if construction is undertaken or a significant and substantial of funds is in planning. they have something close to "vested" rights. It would be hard for a potential Commission to reverse that without having to pay a cost of doing so in terms of damages to the applicant Robert Hill from BMH stated that they had no problems with the subjects just mentioned and could agree to them. Two of their Board members were with him at the meeting. They would be more than happy to go on the record to state that they would do all of those things. Mr. Bressner discussed the iseued covered versus surface parking)with Mr. Kilday. who stated that the applicant uld be guided in this by the resident~and that if this were to be approved. they wou d meet with the residents to ascertain their wishes and commit to their choice. Vice Mayor Weiland stated that the idea of a structure was an attempt on the part of the applicant to make the project more compatible with the residents, by having a hous-Iike structure rather than vehicles facing their street Mr. Bressner was just verifying choice, not advocating either one. (Mr. Kilday said that they would hold a meeting with the neighborhood to determine the best choice before making any re-submittals to the City) Mayor Broening asked Mr. Hill if the Hospital had a Comprehensive Plan for its growth. Mr. Hill stated that they obviously do annual planning at all times and have a comprehensive view of where they are )loing for the next several years, as much as you can look down the road in healthcare. ~t is very easy to go on the record of saying 'We do not need to go west any further than this project) The fact that we would try to cross 4th, 5th, and 6th Street is absolutely nothing that we wbuld ever surmise doing." Mayor Broening stated that based on future growth in the this City and to the west, he wanted a long-range view that tried to look at things from every aspect - the Hospital's present campus and the probability of going up, since they were landlocked. 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 20. 2002 Mayor Broening stated that one of the problems with the project from the standpoint of the residents was their perception that the Hospital had not been responsive to their concerns in the past He had only heard it anecdotally. This told the Mayor that the Hospital had a real challenge on its hands in the way it presented itself to the community. Mr. Bressner stated that Mr. Kilday had mentioned earlier that there was an ongoing parking study that had not completed. It was important for the Commission to be part of that process, as much as possible, and to understand as early as possible what the Hospital's needs were. For example, the current building height is 45 feet but in the event that an exception to that would be beneficial to the Hospital and the community. the City needs to have an early indication of that to have a voice in the siting of future improvements. He stated that the Hospital had to define where such things as a future parking garage might go. how it would be designed, and make sure that it was integrated into a long-range master plan for their campus. Mr. Bressner stated that staff stood ready to work with the Hospital to help address those long-term issues, to the extent that they can be ascertained, so that the Hospital could put together a Master Plan that would give the City an idea of where the Hospital is going in a more global sense. He stated that the City was looking for a commitment from the Hospital to work with the City on this issue. Mr. Hill stated that as soon as they had that type of study done, they would be prepared to sit with City staff and discuss those issues if that was the final outcome of that study. Motion Vice Mayor Weiland moved to approve the ~<jUestfo~a 1.43-acre parcel from R- 1-AA to PU, with the restrictions he and Commissioner Fisher had mentioned, including /7 tbe reversion clause, 00 acc!lSJLlO,or{[QIIIS.W 4th Street, n.~estern exp<ln~io!l (' i~l!!i;ljl1g !.hJUl!.Qperly line going to the north. Attorney Cherof asked that they first consider a motion for the land use amendment and follow it with this one. They may want to defer consideration of the rezoning to consolidate that with the Site Plan consideration. Vice Mayor Weiland wanted to have the Site Plan issue heard separately. Motion Vice Mayor Weiland moved to amend the Future Land Use Map for a 1.43-acre parcel from Low Density Residential to Public and Private Government/Institutional. \ \ Commissioner McCray seconded the motion. The motion passed 3-2, Commissioners Ferguson and Fisher dissenting. , \ Motion _ _ ~ice Mayor Weiland /in-;;ved to -app~~~e the rezoninq> of a 1.43-acre parcel from R-1-AA to PU with the caveats that if the Hospital did not apply permits within two years frQIDJhe date of this meeting, the propertr.\I\IouldrElveJ:Llo R-A-AA, no inqress or eQreJ>S lo,S.W. 4'" 1)treet fro~ate of start,C)f construction eXCept for what is needed to complete the landsc@ir'-g an.9.-imQrovements on tb.e barrier/pathway area, and no ingress or egress to the site during constr\!.ctioO_~J<.cept from the hospital property, and an assurance that the Hospital would not expand to ~ffiewesfalonQ-the ,north p~ line. Commissioner McCray seconded the motion. ',------ - ~<:..v<!'"-c 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 20. 2002 Mr. Monaghan, the applicant's attorney, stated that it was difficult to condition something you did not own, in reference to the expansion issue. Mr. Kilday suggested that the Hospital could, through its Board of Directors, [lass a Resolution to that effer.;L and provide a copy to the City. The motion carried 3-2. Commissioners Fisher and Ferguson dissenting. Attorney Cherof stated that as in all rezonings, this would be returned to the Commission in the form of an Ordinance and there would be two readings and an opportunity to make the conditions more specific. THE MEETING RECESSED AT 10:40 P.M. AND RESUMED AT 10:50 P.M. C. Project: Bethesda Hospital Rezoning (REZN 02-004) (TABLED AT AUGUST 6, 2002 CITY COMMISSION MEETING) Jaime Gentile, Kilday and Associates, Inc. Bethesda Memorial Hospital South side of Southwest 23'd Avenue (Golf Road) between South Seacrest Boulevard and Interstate 95 Request to rezone a 10.37-acre parcel from PUD (Planned Unit Development) district to PU (Public Usage) Agent: Owner: Location: Description: D. Project: The Harbors (LUAR 02-005) (TABLED TO CRA MEETING OF SEPTEMBER 10,2002) Jennifer Morton, Land Design South Schgai, Inc. 2300 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Agent: Owner: Location: Description: Proposed Use: Request to Commercial Development Development of 54 fee-simple townhouses rezone from (C-3) Community to (IPUD) Infill Planned Unit E. Project: Agent: Owner: Location: Description: The Residences at Marina Village (REZN 02-005) Bruce Jarvis, The Bruce Group, Inc. AERC of Virginia Inc. 743 NE 1st Avenue Request to rezone the 6.93-acre Marina property from Central Business District (CBD) to Mixed Use- High Intensity (MU-H) to allow for the planned Mixed-Use Marina Project F. Project: Cafe La Notte (COUS 02-002) 22 - . Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Agent: Owner: Location: Description: August 20, 2002 Lisa Collomb Schgai. Inc. 2280 North Federal Highway Review of sound impacts on adjacent neighborhood (90-day test period) G. Notice of Intent (Resolution No. R02-135) to adopt pending Land Development Amendment - Self Storage Facilities 23 "'"\.o-;-.,{\,,,,.'.T~.......g~" . ..............~. Meeting Minutes Regular City Commission Meeting Boynton Beach. Florida August 20, 2002 Mayor Broening stated that one of the problems with the project from the standpoint of the residents was their perception that the Hospital had not been responsive to their concerns in the past He had only heard it anecdotally. This told the Mayor that the Hospital had a real challenge on its hands in the way it presented itself to the community. Mr. Bressner stated that Mr. Kilday had mentioned earlier that there was an ongoing parking study that had not completed. It was important for the Commission to be part of that process, as much as possible, and to understand as early as possible what the Hospital's needs were. For example, the current building height is 45 feet but in the event that an exception to that would be beneficial to the Hospital and the community. the City needs to have an early indication of that to have a voice in the siting of future improvements. He stated that the Hospital had to define where such things as a future parking garage might go, how it would be designed, and make sure that it was integrated into a long-range master plan for their campus. Mr. Bressner stated that staff stood ready to work with the Hospital to help address those long-term issues, to the extent that they can be ascertained, so that the Hospital could put together a Master Plan that would give the City an idea of where the Hospital is going in a more global sense. He stated that the City was looking for a commitment from the Hospital to work with the City on this issue. Mr. Hill stated that as soon as they had that type of study done, they would be prepared to sit with City staff and discuss those issues if that was the final outcome of that study. Motion Vice Mayor Weiland moved to approve the request to rezon~a 1.43-acre parcel from R- 1-AA to PU. with the restrictions he and Commissioner Fisher had mentioned, including the reversion clause, IJQ...9CCess_to_Qr f[omS.w. _4t~_St[e_et, nQ....western expansion in~LJQi0g the Rrop.er1y line going to the north. -' - /f , ",,~,::ay Cherof asked that they first consider a motion for the land use amendment and ~ follow it with this one. They may want to defer consideration of the rezoning to consolidate that with the Site Plan consideration. Vice Mayor Weiland wanted to have the Site Plan issue heard separately. I \ \ ~\Motion 'Vice Mayor Weiland ~d to approve the rezoninq> of a 1.43-acre parcel from R-1-AA to PU with the caveats that if the Hospital did not apply permits within .two years from the date of this meeting, the ro ert would revert to R-A-AA. no inqress or eqress to S.YV. 4 treet rom ale of start of construction except for whCl1Js needegJo completeJhe 1~@iQg and improvements on the barrier/pathway area, and no ingressoregress to the site durlnq construction exc,ept from the hospital pro~r:!Y, and an assurance that the Hospital would !lot expand to the west along the north proQerty line. Commissioner McCray seconded the motion. "-----. ~ c.V~.c- Motion Vice Mayor Weiland moved to amend the Future Land Use Map for a 1.43-acre parcel from Low Density Residential to Public and Private Government/Institutional. Commissioner McCray seconded the motion. The motion passed 3-2, Commissioners Ferguson and Fisher dissenting. 21 Meeting Minutes Regular City Commission Meeting Boynton Beach. Florida August 20. 2002 Commissioner Fisher asked staff if Site Plan issues were germane to the question. Attorney Cherof stated that the representations made by the applicant were material to the two agenda items before the Commission. They may allude to issues with respect to the Site Plan but they were clearly relevant in terms of supporting the two agenda items and material to that. He stated that it was important for Mr. Kilday to make certain that his client was in agreement with those representations because it was clear that they were pertinent to the Vice Mayor and Mayor's decisions. Commissioner Fisher then asked about the condition of approval concerning expansion and inquired whether a future Commission could override that. The answer was that they could. Attorney Cherof stated that there would be some limitations on that since it would be hard for a future Commission to do that without paying damages to the applicant. Mr. Robert Hill stated that the Hospital had no problems with the subjects just discussed and could agree to them. Mr. Bressner discussed the issue of covered versus surface parking with Mr. Kilday. Mr. Kilday stated that if their requests were to be approlled, they would meet with the residents to ascertain their wishes and commit to their choice. Vice Mayor Weiland stated that the idea of a structure was an attempt on the part of the applicant to make the project more compatible with the residents. by having a house-like structure rather than vehicles facing their street. Mayor Broening asked Mr. Hill if the Hospital had a Comprehensive Plan for its growth. Mr. Hill stated that they obviously did annual planning and had a view of where they were going for the next several years. It was very easy to go on the record and say: 'We do not need to go west any further than this project. The fact that we would ever try to cross 4'h. S'h. and 6th Street is absolutely nothing that we would ever do." Mr. Bressner referred to the parking study that Mr. Kilday had alluded to and stated that it was important for the Commission to be involved in this and to understand as early as possible what the needs of the Hospital were. He stated that the Hospital had to define where a future parking garage might go, how it would be designed, and make sure that it was integrated into a long-range master plan for their campus. The City was looking for a commitment from the Hospital to work together on this issue. Mr. Hill stated that as soon as they had that type of study done, they would be prepared to sit with City staff and discuss those issues. Mayor Broening stated that one of the problems with the project from the standpoint of the residents was their perception that the Hospital had not been responsive to their concerns in the past. He had only heard it anecdotally. This told the Mayor that the Hospital had a real challenge on its hands in the way it presented itself to the community. Attorney Cherof asked that the Commission consider a motion for the land use amendment and follow it with the rezoning. He thought they might wish to defer consideration of the rezoning and consolidate that with the Site Plan consideration. Vice Mayor Weiland wanted to have the Site Plan issue heard separately and wanted to move on the land use amendment and rezoning at this meeting. 17 DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-142 TO: Chairman and Members Planning and Dev I p nt Board Dick Hudson en r Planner j THROUGH: Michael W. Rumpf Director of Planning and Zoning FROM: DATE: July 15, 2002 PROJECT DESCRIPTION Project/Applicant: Bethesda Memorial Hospital Agent: Jamie Gentile/Kilday and Associates, Inc Owner: Bethesda Memorial Hospital, Sintilien Georges, Jesus & Joan Santiago Location: 2700 block of SW 4th Street (Seacrest Hills) (See Exhibit A) File No: Land Use Amendment/Rezoning (LUAR 02-004) Property Description: Four single-family homes as well as vacant property comprising :tL43 acres, classified Low Density Residential (LDR) and zoned R-l-AA (Single Family Residential) Proposed change/nse: To reclassify the subject property from Low Density Residential (LDR) to Public & Private Governmental/Institutional (PPGI). and rezone from R-l-AA (Single Family Residential) to PU (Public Use) for the purpose of building an auxiliary parking facility. Adjacent Land Uses and Zoning: North: Developed single-family homes in the Seacrest Hills subdivision. designated Low Density Residential (LDR) and zoned R-I-AA (single family residential). South: Developed single-family homes in the Seacrest Hills subdivision, designated Low Density Residential (LDR) and zoned R-l-AA (single family residential). East: Developed property (Bethesda Memorial Hospital campus) designated Public & Private Governmental/ Institutional (PPGI) and zoned PU (Public Use). West: Right-of-way of SW 4th Street then developed single-family homes in the Seacrest Hills subdivision, designated Low Density Residential (LDR) and zoned R-I-AA (single family residential). PROJECT ANALYSIS The subject parcel totals :tl,43 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small- scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. Page 2 Bethesda Memorial Hospital Auxiliary Parking File Number: LUAR 02-004 The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2. Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. The criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed amendment/rezoning would be consistent with applicable comprehensive plan policies including but not limited to. a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comp~v with policies contained in the comprehensive plan Policy 1.16.1 provides a definition of the Public and Private Governmental/Institutional land use classification and lists the uses generally allowed, including: "institutions and quasi-public uses; hospitals, nursing homes. and other health-care services or agencies. There are no other Comprehensive Plan policies dealing with this land use classification or the interaction of the uses allowed in the classification with those allowed in other land use classifications. The intensity of a hospital use. however. is closely related to more intense commercial or industrial uses. both in terms of traffic generated, hours of operation, number of persons employed, light and noise impacts. as well as in terms of benefits to the community. There are policies addressing the incompatibilities between residential uses and both high-intensity commercial and industrial uses. Policies 1.17.3 and 1.17.4 of the Future Land Use Element read as follows: 1.17.3 "The City shall continue to utilize and enforce requirements for buffer walls between residential and commercial or industrial districts as set forth in the zoning regulations "; and, 1.17.4 1.17.4 "The City shall adopt and enforce regulations to require solid vegetative screening between industrial and residential uses, wherever practical. in addition to buffer walls. " The justification statement submitted by the agent on behalf of the applicant (Exhibit B) underscores the existing incompatibilities, stating, "Due to the intense nature of the various mechanical equipment that is located behind the hospital. near the western property line, there have been inevitable conflicts between the neighbors and the hospital. Discussions with the neighbors have revealed that the primary issue for them is the noise that the mechanical equipment creates." b. Whether the proposed amendment/rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts. or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The applicant offers that by extending the hospital-related parking uses into the residential neighborhood; a suitable and significant buffer can be created to alleviate the incompatibility issues. The proposed land use amendment and rezoning might appear as ancillary to the abutting hospital uses to the east. nevertheless, the change would create an intrusion of an incompatible and intense use into the stable residential neighborhood to the west Even though the hospital's most intense impacts are in very close proximity to the homes. there is a regular and accepted boundary separating the two uses. The intrusion of the hospital's uses will not only serve to weaken the existing fabric of a stable residential neighborhood, but could also have a negative effect on property values, in part by establishing a unique element that would make the neighborhood less desirous as a place to live. Page 3 Bethesda Memorial Hospital Auxiliary Parking File Number: LUAR 02-004 c. Whether changed or changing conditions make the proposed rezoning desirable. The applicant has cited increasing demands for hospital parking as an on-going problem, and proposes to solve a part of that dilemma with the construction of two covered parking structures for physicians. A July 1999 in-house parking study. prepared for Bethesda Memorial Hospital by Kimley-Horn and Associates. Inc.. outlined eleven (II) options (Exhibit C) for meeting the projected increased parking demands. The expansion proposed in this application was not among those options. and staff is unaware of any, more recent. update to that 1999 study, which would change those original options. In June 2000. staff recommended approval for a land use amendment and rezoning for the hospital that became the site of ancillary parking on the southeast comer of Seacrest Boulevard and SE 24th Avenue. At that time staff requested that the hospital share their long-range expansion plans with city staff. so that the hospital's plans could be coordinated with the city's future land use plan. The request has been repeated several times to various representatives of the hospital who have approached the city in exploring different parking options. d Whether the proposed use would be compatible with utility systems. roadways, and other public facilities. The proposal to remove four existing dwellings and four vacant parcels from the land supply for residential use will in turn reduce the demand for water and sewer services as well as recreation facilities and services. The traffic statement submitted by the applicant states that the proposed parking facilities would not be provided access to S. W. 4th Street. potentially reducing traffic on the residential street by as many as 40 trips per day. and is not expected to generate any additional traffic to the overall hospital property. With respect to solid waste the Solid Waste Authority has stated. within a letter dated December 18. 2001, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Lastly. drainage will also be reviewed in detail as part of the review of the conditional use application. and must satisfY all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatihle with the current andfuture use of adjacent and nearhy properties, or would affect the property values of adjacent or nearby properties. As stated in response to criterion "b" above. both the applicant and staff agree that the use is incompatible with the abutting residential uses. While the applicant sees the construction of parking structures as an enhancement to the residential neighborhood that could have a positive influence on property values, staff is of the opposite opinion. f Whether the properZv is physical~v and economical~v developable under the existing zoning Physically. the vacant property is developable for single-family homes. In the justification for the amendment/rezoning, the applicant states that some of the most noxious uses associated with the hospital abut these properties. thereby already reducing the economic value of them for residential use; and further states. that the size and dimensions of the property make it unsuitable for any hospital-related use other than parking. g Whether the proposed amendment/rezoning is of a scale which is reasonably related to the needs of the neighborhood and the ciZv as a whole. Based on site plans submitted for the parking structures, there will be a total of eighty-five (85) covered parking spaces provided. Given the existing spaces that will be lost to circulation and landscaping. the net increase is seventy-three (73) spaces. This increase may relate to the immediate needs ofthe hospital's doctors; however, it seems to be only another incremental adjustment to temporarily solve a problem that should be handled through a comprehensive master parking plan. In addition. while solving Page 4 Bethesda Memorial Hospital Auxiliary Parking File Number: LUAR 02-004 its own immediate problem, the hospital is creating lasting problems for the stable residential neighborhood that must absorb its impacts. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed Because of the very nature of an accessory parking use, a citywide consideration of sites is not applicable; however. based on the information contained in the 1999 parking study, there are no other areas adjacent to the hospital that can serve as parking and would also afford the physicians the proximity to the hospital that they require. CONCLUSIONSIRECOMMENDA nONS As indicated herein. this request is not consistent with the intent of the Comprehensive Plan. Granting the applicant's request will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; however, the amendment and rezoning will be incompatible with adjacent land uses and could have a negative effect on the value of the adjacent residential properties. Therefore. staff recommends that the subject request be denied. Jfthe final recommendation is for approval of the request. conditions should be added to the approval that would ensure the construction ofa solid six (6) foot masonry wall and heavy landscaping completely along the boundary separating the hospital uses from the residential neighborhood, in conformance with the Future Land Use Element policies 1.17.3 and 1.17.4. These would be included as a separate exhibit ATTACHMENTS \\Ch\MAIN\SHRDA T A\PlanmngISHARED\ WPIPROJECTSIBelhesdalLUAR 20U2\staff report,doc 23RP 1ER ~W~~?IHA\:,J;'~ . , ' 'AREA "An' --- -~ , --~ 'c~-=-- --R- . 'mA' ". ' ".'. -- ,------ --<, .~ . . I , - - ' .--',' , ciJ- -;-- u~ :1E- _____---J -;, --,- (f) - - ,- .'-.1 - .,' I < · --1 -c - I ~ ',<- ~~ ~ I ~-i - ' ~--f--- CJ'1_~~ ~.--C" .....--1 II " m...--, I, '- -, ::E-"c - (f)' ~_~,_"C --,= (1)_ -_~' ''--;L , :1E,. --~ - .q)- - i --1~ - ~_.- ~ - --,.c.--'-,I 300 Location Map Exhibit A R3 24-TH..AVE PUD s . ___;-___ ,-----c--...---- E",24J ! , ' ; 25TtlAVE 6' i ! ' I , _5_ m7wE~~'- PU .::,.Q-- - ' --- - <$' , . t.;-~ --'-c-. 1H,~VE _.. _.'-c ~ II i I.. .... 0_ --'-t--1--L, - . '. S I',l! i~-[;- 0,---=-~E--2,7'+HA VE~ o r=~-' i-: '~~ --~Ir- --~ ! I I c~~~7'-THc.G+. _-=-' _ A ,..----- ----:-~ ~ o , w-<?-' 300 600 Feet s Kilday & Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522' Fax (561) 689-2592 E-Mail: info@kildayinc.com Exhibit 8 JUSTIFICATION STATEMENT Bethesda Hospital Land Use / Rezoning This petition is presented by Kilday & Associates, Inc, as authorized agent for the property owners. to amend the land use designation and zoning on property located around the Bethesda Memorial Hospital. This application will amend the land use designation on a 1.43 acre from Low Density Residential (LDR) to Public-Private, Government/Institutional (PPGI), and the zoning from RIM to Public Use (PD). Upon approval of this application (as well as a concurrent rezoning application on 10 acres along the northern property line of the hospital) the entire hospital property will be under a single land use designation (PPGI) and zoning district (PU). which are consistent with the uses associated with the hospital. The subject property includes eight lots. six (lots 1-6) of these are owned by the hospital. The remaining two lots (lots 7 & 8) are under contract by the hospital for purchase. These eight lots are part of an established residential subdivision called Seacreast Hills. A central problem that the hospital has repeatedly faced over the years is a shortage of adequate parking spaces. This has created an unsightly and dangerous situation for its staff. patients, and visitors. Presently, the most acute parking shortage for the hospital is in the physician parking area behind the main building. Therefore, the hospital is proposing to construct additional parking spaces, within a covered parking structure, which will serve the hospital's physicians. A concurrent site plan application has been submitled with this application for these covered parking spaces. This proposal will serve two purposes. First. it will provide the necessary parking spaces for the hospital physicians. close to the physician entrance. Second. it will help to resolve some of the incompatibility problems that currently exist between the hospital and adjacent homeowners. The area subject to this application currently serves as a buffer zone between the residential community and the hospital. The current uses on site (single family homes and vacant lots) have failed to provide a sufficient functional barrier between the adjacent incongruent land uses. Due to the intense nature of the various mechanical equipment that is located behind the hospital. near the western property line, there have been inevitable conflicts between the neighbors and the hospital. Discussions with the neighbors have revealed that the primary issue for them is the noise that the mechanical equipment creates. These residents have recommended that a solid wall be constructed to act as a visual and functional barrier along the western property line. The proposed land use amendment, rezoning, and subsequent site plan approval will permit the hospital to rectify the existing incompatibilities along this property line by JUSTIFICATION STATEMENT Bethesda Hospital Pagel of 4 ~ incorporating a substantial barrier between the hospital and adjacent homes. In addition, some of the existing parking pressures that exist within the hospital property can be relieved with the physicians parking area. RESPONSES TO APPliCATION OUESTIONS II (g) 1) Whether the proposed land use amendment/rezoning would be consistent with applicable comprehensive plan policies. The proposal is consistent with the Comprehensive Plan policies described in the previous section. 2) Whether the proposed land use amendmentlrezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The existing land use pattern along the west property line of the hospital has been established and has proven to be problematic for both the hospital and the adjacent homeowners. The various mechanical uses located in the rear of the hospital property, combined with the lack of a significant physical buffer, have created this problem. In addition, the hospital's unsatisfactory parking situation for their physicians is a problem that the hospital must resolve. This petition helps to rectify both situations. 3) Whether changed or changing conditions make the proposed land use amendment/rezoning desirable. The continued mechanical operations behind the hospital have created compatibility issues for the adjacent neighbors. In addition. the hospital's parking needs are contingent upon the growth and continued success of the medical facilities. 4) Whether the proposed land use amendmentlrezoning would be compatible with utility systems, roadways and other public facilities. Since this application will result in a reduction of eight dwelling units, this petition will reduce the impacts on the City's public services. 5) Whether the proposed land use amendmentlrezoning would be compatible with the current and future use of adjacent and nearby properties or would affect the property values of adjacent and nearby properties. As a result of this land use/rezoning approval, the incompatibility issues that currently exist along the western property line of the hospital can be alleviated. The value of the adjacent properties will benefit from the creation of a substantial, attractive buffer along this property line. Also, property values will increase by virtue of fact that their will now be certainty in the hospital boundaries and its proposed uses for the area. 6) Whether the property is physical and economically developable under the existing land use designation/zoning. The subject lots are adjacent to the most noxious uses associated with the hospital, which has created problems for several of the current residents. Obviously. developing the JUSTIFICATION STATEMENT Bethesda Hospital Page 2 014 ~ remainder of the lots as single family homes, as is currently permitted in the land use and zoning district, would be a grievous error. Bringing these lots, six of which are already owned by the hospital, into the overall Bethesda Hospital plan is the best use for these properties. 7) Whether the proposed land use amendmentlrezoning is of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. The scale of this land use/rezoning has been established to meet the exact needs of the hospital. the surrounding community, as well as the City's healthcare needs. 8) Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Considering the fact that the physicians parking area must be in close proximity to the hospital and the fact that there are existing incompatibility issues which can be rectified with this petition. there are no other similarly available site. Il(h) ].5 A comparison of the impacts that would be created by the development under the proposed zoning with the impacts that would be created by development under the proposed zoning. The existing zoning for is RIAA. There are eight platted single family lots on the property. Therefore, eight single family homes could be built on the site. each with driveways accessing SW 4th St. This rezoning to PU is to permit the area to be used for physician parking and will eliminate the accesses onto SW 4th St. The size and dimensions of the site essentially make it unsuitable for any other hospital uses. By eliminating the potential for eight homes, the impacts on water. sewer, traffic, etc will be diminished with this rezoning approval. Il.(h)6 Comparison of water demand for proposed and existing zoning. The Palm Beach County standard for determining water demand is 180 gallons per capita and 2.4 persons per unit. Under the existing zoning the site would generate a total of 3,456 gallons per day. Under the proposed zoning, there are no anticipated no water needs. In addition, the landscaping irrigation facilities that will serve this site landscaping are already available to the property. Il(h)(7) Comparison of sewer demand for proposed and existing zoning. The Palm Beach County standard for determining sewer demand is 100 gallons per capita and 2.4 persons per unit. The existing zoning will generate 1,920 gallons per day. Under the proposed zoning. there are no anticipated sewer needs. JUSTIFICATION STATEMENT Bethesda Hospital Page 3 0/4 " II.c.(8-12) At the request of the Planning Department, Planning and Development Board, or City Commission, the applicant shall provide additional information regarding the site. The proposed zoning changes will only decrease the impacts on the community's water. sewer, and roadway facilities. In addition, the adjacent properties will be served by providing a solid, aesthetically pleasing buffer between the back of the hospital and the existing residential community. Additional information will be provided to staff or officials as needed. JUSTIFICATION STATEMENT Bethesda Hospital Page4of4 ~=~ Kimley-Horn and Associates, Inc. AL TERNA T1VES FOR PARKING EXPANSION Options To accommodate this increase in demand, the following options for parking expansion were identified by the Bethesda Memorial Hospital staff: 1. Northwest parking lot - converting to a three-level garage 2. Northwest parking lot - converting to a two-level garage 3. Northeast parking lot - converting to a three-level garage 4. Northeast parking lot - converting to a two-level garage 5. 23"' Avenue property (north of hospital) - constructing a suiface parking lot 6. 23"' Avenue / Seacrest Boulevard property - constructing a suiface parking lot 7. 2800 Seacrest Boulevard property - constructing a suiface parking lot 8. 2800 Seacrest Boulevard property - constructing a two-level garage 9a. 2800 Seacrest Boulevard property - constructing a two-level garage + J story building 9b. 2800 Seacrest Boulevard property - constructing a three-level garage 10. Early Learning Center border expansion - constructing a suiface parking lot II. Westchester residential area - constructing a suiface parking lot Table 3 lists the approximate number of parking spaces that could be added by each option listed above. The actual number of spaces that can be built on a site is highly dependent on a number of factors, including site configuration, parking space dimensions, and landscaping requirements. The estimates provided in this 04059600-0899 Page 10 Exhibit C GOLF RD. ~ ,.----, N.W. I PARKING I GARAGE I G)@: I I I I I ) / / '" / .... / 0"'" " , ~ ~ ) NOT TO SCALE .-\_~.-.-,- 23rd AVE. r - NE.- -1 L _~~ :~~ :~R~~L_~_ _ ~,,:~/ I PARKING I r,..-..:-..;--- ---- ---- --~.... I GARAGE III I r;::J\ rA\ III I I ~~ III I I r--JII I I I II I I I II I I II I I I II IEARL Y I : II ILEARNING I I II ICENTER I II IBORDER ~ J II IEXPANSION -- ::@:@1 II I I ~..:-:____________J WESTCHESTER RESIDENTIAL AREA / / / / / I I / / I / " " " ( I I I 24th A V. FIGURE 3 BETHESDA HOSPITAL PARKING ALTERNATIVES ~=~ =tes.lnc. . 040690.00