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HomeMy WebLinkAboutMinutes P&Z 030894• CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION MARCH 8, 1994 MEETING MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chairman Jeffrey Ornstein at 7:30 P.M., in the Assembly Room at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida and opened with the Pledge of Allegiance to the Flag. The roll was called by the secretary and present were: Chairman Jeffrey Ornstein, Diane Carlino, Daniel Honig, Phillip Lyddon, Joseph Hamzy, and William Mignogna, Members; Thomas Pastore and Michael Posner, Alternate Members. Mr. Carl Sabatello, Member, was absent. • ITEMS BY CITY COUNCIL LIAISON Mr. David Clark, City Council member, reviewed the recent actions undertaken by City • Council. APPROVAL OF MINUTES OF FEBRUARY 22, 1994 Mr. Hamzy made a motion to approve the minutes of the February 22, 1994 Planning and Zoning Commission meeting. Mr. Mignogna seconded the motion. The motion was approved by a 7 -0 vote. PLANNING AND ZONING COMMISSION PUBLIC HEARING: Petition PUD- 94 -03, by William F. Colwell, agent for the John D. and Catherine T. MacArthur Foundation, to amend the Admiralty II Planned Unit Development, created by Ordinance 15, 1987 and subsequently amended by Ordinance 1, 1992, for a two - year time extension for the development of a 82,265 square -foot office tower, a parking 1 garage and bank drive -in teller facilities. Located south of PGA Boulevard, west of • Interstate 95. (12- 42S -42E) Mr. Honig stepped down citing a potential conflict of interest. Alternate member Michael Posner replaced Mr. Honig on the dias. Bristol S. Ellington, City Planner, reviewed the March 3, 1994 staff report on the above- referenced petition. William Colwell, agent, said he is the court - appointed receiver for the project. Chairman Ornstein opened the Public Hearing. Upon hearing no public comment, Chairman Ornstein closed the Public Hearing. The Motion Mr. Hamzy made a motion to recommend approval to City Council of the above - referenced petition with the following condition: • - An east bound right turn lane at the PGA Boulevard entrance shall be constructed 0 prior the issuance of the Certificate of Occupancy for Phase II, if permitted by the Department of Transportation. Ms. Carlino seconded the motion. The motion was approved by a 7 -0 vote. RECOMMENDATION TO CITY COUNCIL: Petition PUD- 93 -15, by Frank Palen, agent for PGA National Venture, Ltd., for a 50 single- family, detached zero lot -line residential Planned Unit Development (Parcel M -29B) within PGA National Planned Community District. (Diamond Head) (15- 42S -42E) Mr. Hamzy stepped down from the dias, citing conflict of interest. Mr. Posner replaced Mr. Hamzy. Mr. Honig returned to the dias. Mr. Ellington reviewed the March 3, 1994 staff report on the above- referenced petition. He • said the petitioner has recently submitted a revised site plan, which staff has not fully reviewed. Chairman Ornstein asked to see the recently revised plans and the previous site plan submittal from the petitioner. Richard Walton, Planning and Zoning Director, said he has talked with City Engineer Len Lindahl said the City Engineer's Office has a concern with the recently revised plan. Chairman Ornstein said he did not know if the Commission should look at this because the City Engineer has a problem with the new plan. Frank Palen, agent, reviewed the project. He said the eastern access point for the project will be exit only. Mr. Honig discussed the trash pick -up agreement for the project with Mr. Palen. • Chairman Ornstein recommended that this petition be tabled until the City Engineer reviewed the project. Mr. Mignogna said if the "stub" road is wider that the rest of the road, then it should be shown on the plan. The petition was tabled until staff has the opportunity to review the revised plans. RECOMMENDATION TO CITY COUNCIL: Petition PUD- 94 -05, a petition by Henry Skokowski of Urban Design Studio, agent for Shoppes on the Green Associates, LTD., to reinstate the expired Planned Unit Development for PGA National Shoppes on the Green within the PGA National Community (10- 42S -42E). 11 Mr. Hamzy returned to the Commission dias. Mr. Posner stepped down. Mr. Ellington reviewed the March 3, 1994 staff report on the above - referenced petition. Chairman Ornstein asked what would happen if the Commission took no action on this project. 3 • Assistant City Attorney Paul Golas said this is a vested project, but the Commission has the opportunity to make modifications to the approval. Hank Skokowski, agent for the petitioner, reviewed the project. Ms. Carlino made a motion to recommend approval of the project. Mr. Mignogna seconded the motion. Mr. Hamzy said there is large vegetation with exotics growing along the southern border of the site. He said this is not maintained. Mr. Hamzy said the gates between the adjacent Fairway Office Plaza and the shopping center have been removed. He said the cross -over between the projects is an accident waiting to happen. Chairman Ornstein suggested that the petitioner return with these situations corrected. The Motion • Mr. Honig made a motion to table the above - referenced petition, so the petitioner can address the Commission's concerns over the project's southern landscaping and the access is to the Fairway Office Building. Mr. William Mignogna seconded the motion. The motion was approved by a 7 -0 vote. WORKSHOP MEETING: Petition PUD- 93 -19, by James R. Brindell, agent for Mediplex Group, Inc., a request for Planned Unit Development and site plan approval for two 174,000 square -foot medical office buildings, a 60,000 square -foot medical office building and a 70,000 square -foot, 120 bed skilled nursing facility on a 15.6 -acre site. This site is located at the northeast corner of PGA Boulevard and of Alternate AIA within The Regional Center Development of Regional Impact (6- 42S -43E) Mr. Walton, Planning and Zoning Director, informed the Commission that a question concerning the conditions of the Development of Regional Impact and the above - referenced petition has arisen. He said staff has asked the Treasure Coast Regional Planning Council 4 • • • for its determination. The regional planning council has asked that the petitioner make an application to revise the DRI approval to allow for its development, he said. Mr. Walton said the DRI allows for 400,000 square feet of office development at the subject site, while Mediplex is proposing 476,000 square feet of office. Mr. Walton said the petitioner could reduce the size of the project to 400,000 square feet to meet the DRI condition or make a concurrent application for an amendment to the DRI. He added that if the petitioner wishes to reduce the size of one of the office towers, it will affect staff's and the Commission's review of the project. James Brindell, agent for the petitioner, said he had only heard about this problem today. He added that this issue is not clear cut. Mr. Brindell said he would like to prepare a response to the regional planning council letter. Mr. Brindell reviewed the project. He said the right -of -way for the future overpass will not affect the Mediplex site. Mr. Lyddon asked what the building setbacks will be from the future overpass right -of -way. Mr. Brindell said the building facing PGA Boulevard will be setback 125 feet, the central tower will be setback 225 feet and the building facing Alternate AlA will be setback 115 feet. Howarth Lewis, said the overpass will be 24 feet high and will not impact the Mediplex complex. Mr. Lewis reviewed the project. Chairman Ornstein asked what the timetable was for the construction of the project. Mr. Lewis said he would like to start next week. Chairman Ornstein asked when construction for the second phase would begin. 5 Mr. Lewis said the second phase construction would begin two or three years after the completion of phase one. Mr. Mignogna asked if there would be a temporary wall in the first phase parking garage where it will connect to the second phase. Mr. Lewis said there would be a temporary wall. Chairman Ornstein asked if the plaza could be constructed in the first phase. Mr. Lewis said it would have to be temporary as the plaza would be dug up with the construction of the phase two parking garage. Mr. Lyddon said he would not like this project to become an eyesore if the second phase is not constructed. He added that phase one should be able to stand on its own. Mr. Honig asked how many will be employed in the complex. Robert Miller of Mediplex said about 400 people will be employed in the first phase. He added that a total of approximately 625 people will be employed when the project is is completed. Chairman Ornstein said the project is starting to look good. He said the petitioner should be prepared to discuss the landscaping next time. He asked that City Forester Mark Hendrickson be present when this project is discussed next. Chairman Ornstein suggested using metal halide lights in the parking lot. The Commission said this petition will be further discussed when it is heard next. WORKSHOP MEETING: Petition PUD- 94 -04, a petition by Henry Skokowski of Urban Design Studio, agent for MacArthur Holding A, Inc., to amend the Planned Unit Development for Parcel 28, created by Resolution 85, 1990, and subsequently amended by Resolution 30, 1993, of the BallenIsles Planned Community District to replace the existing clubhouse and an amendment to the recreation amenities. (11- 42S -42E) Mr. Ellington reviewed the March 3, 1994 staff report on the above - referenced petition. Mr. Mignogna asked when will the administrative building be demolished. Mr. Ellington 0 said there is no date established for the demolition. He said the administrative building will be destroyed when the development company downsized. Henry Skokowski, agent for the petitioner, reviewed the project. Chairman Ornstein asked for a time certain for the removal of the temporary structures. Mr. Skokowski said that could be worked out with staff. Doug Root, architect for the project, reviewed the proposed clubhouse. Mr. Pastore asked if the petitioner was contemplating a new membership plan with the new clubhouse. Nader Salour, petitioner, said the company will continue with the existing plan. Mr. Honig asked if it is expected that outside memberships will grow. Roy Davidson, administrator with the development, said outside membershios are expected to go down, • while resident memberships increase. Krent Wieland, landscape architect for the project, reviewed the proposed landscaping on • the site. Chairman Ornstein said the project looks real good. Mr. Salour said he expects the clubhouse to open up in January 1996. Chairman Ornstein suggested that all temporary facilities be removed by June 1, 1996. Mr. Lyddon suggested a that the temporary facilities be removed by six months after the issuance of the Certificate of Occupancy or a date certain. Mr. Davidson suggested that the date be September 1, 1996. Chairman Ornstein suggested August 15, 1996 as the date. Mr. Davidson agreed. Mr. Honig and Ms. Carlino suggested September 1, 1996 as the date for the removal of the 7 • temporary facilities. Mr. Skokowski asked if the Commission had a date when the administrative building would be removed. Mr. Walton requested that staff research the issue and report back to the Commission. ADJOURNMENT There being no other business to appear before the Commission, the meeting was adjourned at 10:04 p.m. 0 9 • • C7 Joseph Hamzy Wi iam Mignogna semi, paw Thomas Pastore -2�tt�;7 Marty R. A. Minor, Secretary Diane Carlino &L— Phillip Lyd on a mam '. i f h'r c� josecr A. Namzv. jr.. Ar.�, _ac� • � � a r a, rwa•i Drive. Su ; to 29'..; Palm Beach Gardens. ;=L X3410 Marcn 15, 1394 Josech R. Russo. Mayor :i1v c•f Palm Beach Gardens IC500 N. Military Trail Palm Beach Gardens, FL 33418 ;_ MAR 1 7 IM ; -- i Re: Planning and Zoning Commission Aoocintment Dear Mayor Russo, Please accect this letter as my re S i Ana-- i zn f' -m ti-.e ? I ann i nq and 'Con i n cmm, ss i cn . My service on the Site F l ar: ?ev i ew comr^ i ttee a ^d the P 1 anr• ^� and --cr,ng Commission totals seven years. It has ceen a oroductlie cer,cd ' r me and hODefully my contributions have been of value to the City. ve reviewed Land Qevelooment Regulations for tre City during t,-is cerlcd and would continue to be available for this vcluntary work. e,se -nark the members the ccr,T,Cerce ;.. :me _ _ .ears. r . ;scot Ham--,.i. J r r ti ^-b a� 1 4, FORM 83 MEMORANDUM Of V01INV7 QUMPMA PVK _66UNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAML'— MIDI)IE NAME /Y/ ®N /� MAILING: ADDRESS t' 1� DAl'E ON WHIC11 Y(IIL (WC'URRED ('OUN ri NAME OI' BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMMEE THE BOARtx COUNCIL. COMMIss10N, AUTHORITY, OR COMMITTEE ON WHICH 1 SERVE IS A UNIT' OF: e16 IV COUNTY (7rHER I.oCAI AGENCY NAME. 01- PUI ITIC'AL SUBDIVISION: MY PUSI PION IS: / ELECTIVE adAPPO1NTIVE WHO MUST FILE FORM 89 This form is for use by any person serving at the courtly, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly dependinf on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this forrr before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES • ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inure to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the specia gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure o. which you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordin the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county. municipal, or other local public office MUST ABSTAIN from voting on a measure whic inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to th special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but mu. disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whethl made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WH1C: THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible fi • recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interes I(I,t %$ 48 III.X6 P. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 13 days after the vote occurs with the person responsible for recording the minute. • of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, �/�� ( " , hereby disclose that on C-(, , 19 (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of __ _ _ , by whom 1 am retainec Date Filed Signature •NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRI DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIIS IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $3,000. E FORM 86 • I0-86 1 t .+ : Y FORM BB MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I.A%T AN ME -FIRST NAME- MIDDtk NAME NAME OI BOARD. COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE MAILING: ADDRESS THE BOARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE ON • � ��J� WH ' SERVE IS A UNIT OF: 'j\� ('1 I Y COUNTY OTHER LO('AL AGENCY CIT% COUNT1 r1L OI Ptri ITICAI. SUBDIVISION: DATE ON WHICH VOIt (X'CURRIrD MY PUSII'ION IS: !7 r3-Gl.4 ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES • ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his.special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for • recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IORM xB 111.96 PA( �"1�. S IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes • of the meeting, who should incorporate the form in the minutes. 0 DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on .19 (a) A measure came or will come before my agency which (check one) _ inured to my special private gain. or Zinured to the special gain of _ by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: -�; -� Date Filed ^ ZMENWO Signature •NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE; DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWINC IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION 11 SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. E FORM 86 - I0-86 Pp