HomeMy WebLinkAboutMinutes P&Z 061494CITY OF PALM BEACH GARDENS
• PLANNING AND ZONING COMMISSION
JUNE 14, 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, Carl
Sabatello, Daniel Honig, Diane Carlino, Members, and Thomas Pastore and Michael
Posner, Alternate Members. Phillip Lyddon and William Mignogna, Members, were absent.
Daniel Honig said it should be noted that it is Flag Day.
ITEMS BY THE PLANNING AND ZONING DIRECTOR
• Rich Walton, Planning and Zoning Director, announced that there will be a Public Input
meeting on the Land Development Regulations on June 15, 1994 from 4:30 P.M. to 6:30
P.M. in the City Council chambers. He added that the scheduled Public Hearing on the
LDR is on July 7, 1994.
APPROVAL OF MINUTES FOR MAY 24, 1994 MEETING
Carl Sabatello made a motion to approve the minutes of the May 24, 1994 Planning and
Zoning Commission meeting.
Diane Carlino seconded the motion.
The motion was approved by a 6 -0 vote.
Recommendation to City Council: Petition DRI- 94 -01, by James R. Brindell, agent for the
MacArthur Foundation, for an amendment to the Regional Center DRI to add language to
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condition #1. (Sections 5 & 6 - 41S -41E)
Kim Glas- Castro, City Planner, reviewed the June 8, 1994 staff report on the above-
referenced petition.
Daniel Honig questioned whether the request will result in the removal of square footage
from other parcels within the Development of Regional Impact (DRI).
Michael Posner said he would like to see a limit in the amount of square footage which can
be shifted from one category to another.
Carl Sabatello said this amendment allows for more flexibility in the development of the
DRI.
Ms. Glas- Castro said the amendment will not change the project's regional impact.
Chairman Ornstein said the amendment will change the impact internally within the project.
• Mr. Glas- Castro said the City's development regulations will govern the internal impacts.
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Chairman Ornstein suggested a limit of shifting 20 percent of the square footage from one
category to another.
James Brindell, agent, said the landowner, the John D. and Catherine T. MacArthur
Foundation, is not going to dump all the square footage on one parcel because it would
cause the remaining parcels to be unmarketable. Mr. Brindell reviewed the request.
Mr. Posner said he was concerned about not limiting the shifting of square footage.
Mr. Honig said the maximum floor space chart on the DRI master plan is confusing and
should be amended.
Mr. Brindell said that such an amendment could take months to complete. He said this
amendment involved several months of work and it has a very narrow focus.
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• Mr. Walton suggested that a condition be placed on the petition that the petitioner must
return to the City within 12 months to revise the DRI master plan.
Mr. Honig said he was concerned because no square footage is listed for the Public land use
parcel and the neighborhood commercial parcel. He said he was concerned that the project
would be completed and there would not be enough square footage for a community center.
Chairman Ornstein agreed that the master plan should be clarified. He said the petitioner
should come back to amend the master plan.
Mr. Sabatello said the land use chart on Exhibit "H" of the DRI should be clarified prior
to PUD approval of the Mediplex Medical Mall.
Mr. Brindell said that condition could hold up the approval for Mediplex.
Mr. Sabatello said his concern is to clarify the neighborhood commercial and Public land
IS uses within the DRI.
Diane Carlino questioned whether the percentage listed adjacent to the neighborhood
commercial and Public Use land uses could be used to determine approved square footage.
Mr. Honig suggested that the petitioner come back within 12 months to clarify the master
plan. Other Commission members suggested a 6 -month timeframe.
Mr. Brindell said that six months goes quickly.
An unidentified man representing Mediplex said that the Foundation may withdraw the
petition if any additional conditions were placed on this petition.
Mr. Honig said the condition should be changed to a suggestion to the Foundation.
Ms. Carlino questioned how this will affect the reallocation of square footage. She
suggested that the clarification issue be worked out at staff level.
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Mr. Brindell said he was concerned that the Foundation may withdraw this petition, which
would endanger the Mediplex petition.
Mr. Honig made a motion to approve the petition as presented.
Ms. Carlino seconded the motion.
Mr. Sabatello asked if Mr. Honig would accept an amendment to his motion. Mr. Honig
said he would not.
The motion failed by a 2 -4 vote, with Mr. Honig and Ms. Carlino voting in the affirmative
and Mr. Ornstein, Mr. Posner, Mr. Sabatello and Mr. Pastore dissenting.
Mr. Sabatello made a motion to approve the petition with the following condition: 'Prior
to the next PUD approval, not including the Mediplex petition, Exhibit H of the DRI shall
be clarified between the landowner and City staff."
. Mr. Posner seconded the motion.
Mr. Bnndell said that condition could delay the future residential project proposed at the
site.
Mr. Walton said the condition could not be included in the DRI's Development Order.
Chairman Ornstein suggested making the condition a recommendation separate from this
petition's recommendation.
Mr. Honig suggested discussing the recommendation for clarification during the New
Business portion of the meeting.
Mr. Sabatello withdrew his motion. Mr. Posner agreed.
Ms. Carlino made a motion to recommend approval of the above - referenced petition.
Mr. Honig seconded the motion.
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• The motion was approved by a 6 -0 vote.
Workshop: 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 Alternate AIA within The Regional Center Development of
Regional Impact (6- 42S -43E) {Previous meetings 2/8/94 & 3/8/941
Bristol S. Ellington, City Planner, reviewed the June 9, 1994 staff report on the above-
referenced petition.
Mr. Brindell, agent, said the petitioner agrees to: substitute Oaks for Mahogany trees along
Southwest Drive; work out an agreement on the median landscaping; revise the landscaping;
and, provide the necessary fire suppression devices. He said Mock, Roos Engineers have
prepared a report on the future irrigation demands for Unit 19, which includes The
Regional Center DRI. The report calls for a modification of the water allocation plan. Mr.
• Brindell said the project will hook up to greywater when the line is extended to the site.
Chairman Ornstein asked if that was acceptable answer to the staff's irrigation questions.
Mr. Walton said it is acceptable when there is enough water available. He said that the City
Engineer is still reviewing the information.
Chairman Ornstein suggested that the petitioner bring the greywater line to the site.
Mr. Brindell said that would not be reasonable. He said Northern Palm Beach County
Water Control District will provide temporary use of the water allocation.
He added that he wished that the City Engineer could speed up his review.
Mr. Pastore asked if Mr. Brindell had a problem with staff's comments concerning the
project signage. Mr. Brindell said he did not as Building Official Jack Hanson has
recommended approval of the signage.
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• Mr. Sabatello asked for what purpose the terraces will be used.
Howarth Lewis, architect for the project, said the terraces will be used to look out on and
to go out on. He said there will be some landscaping on the terraces.
Mr. Sabatello asked if there will be lighting shining up on the columns of the building.
Mr. Lewis said there will be soft pink lighting. He said the building will be the same color
as the Phillips Point building in West Palm Beach. In response to a question from Mr.
Sabatello, he said all of the roof -top equipment will be screened.
Mr. Sabatello asked what will be in the planters on the building.
Carol Turk, landscape architect for the project, said it will be a cascading type of plant.
Mr. Sabatello said he was concerned that the landscaping in the planters is not identified
on the landscape plan and it is not enforceable.
• Mr. Walton said it would be enforceable if it is identified on the landscape plan. Mr.
Sabatello requested that it be identified on the landscape plan.
Mr. Sabatello said he was also concerned that the royal palms proposed will be lost against
the large buildings. Ms. Turk said the palms are the largest she could find and they will not
be lost against the building.
Mr. Sabatello said he would like to see the landscape plan note the irrigation of the
Alternate A -1 -A median. He added that he would like to see the Alternate A -1 -A
landscape reflect the PGA Boulevard landscaping. He added that he would like to see
landscaping and irrigation at least 15 feet north of Southwest Drive. Mr. Sabatello said it
is not clear on the plans whether the project entrance, including sidewalks and landscaping,
from Alternate A -1 -A will be included in the first phase of the project.
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• Mr. Lewis said the complete entrance will be completed within the first phase. In response
to a question from Mr. Walton, he said there is no third phase in the project. Mr. Lewis
said that the second phase will remain in its natural state until construction starts on Phase
Two.
Mr. Honig said he was concerned that, after the initial phase, the project will look
incomplete. He said he would like to see the landscaping plan extending to the corner of
PGA Boulevard and Alternate A -1 -A.
Chairman Ornstein suggested a condition requiring the landscaping of the corner.
Mr. Lewis said the corner is now proposed to remain in its natural state during Phase One.
Mr. Sabatello questioned who will maintain the Alternate A -1 -A median landscaping. Mr.
Ellington said The Regional Center Property Owners Association.
• Mr. Brindell asked if this petition could be placed on the June 28, 1994 Planning and
Zoning Commission meeting. Chairman Ornstein said it would depend on how quickly the
petitioner submits the required information.
Workshop: Petition PUD- 94 -09, by Young Song of Jones & Song Architects and Planners,
agent for Republic Security Bank, for Planned Unit Development approval to construct a
3,000 square -foot bank on the Tract 7 outparcel of the Gardens East (the Promenade)
Shopping Center. Located east of Alternate A -1 -A and north of Lighthouse Drive. (18-425 -
43E)
Mr. Posner indicated that he has a conflict of interest with this petition and would not
participate in any voting on the petition.
Paul Golis, Assistant City Attorney, said Mr. Posner can not provide legal counsel to the
petitioner during the meeting.
Mr. Ellington reviewed the June 9, 1994 staff report on the above - referenced petition.
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• Chairman Ornstein told Young Song, agent, that it was a nice - looking building.
Mr. Sabatello said he does not want the corner sign to be located farther back from the
roadway than the tenant signage.
Mr. Honig asked staff to review the setbacks of all the monument signs in the Gardens East
shopping center.
Mr. Sabatello asked if the sign would be back -lit. Ms. Song said it would.
In response to a question from Mr. Honig, Linda Bracato of Republic Security Bank said
the bank has four branches and assets of $185 million.
Mr. Pastore asked if the entrance was still 22 -feet wide.
Ms. Song said the site plan has been revised to indicate a 25 -foot entrance.
Old Business
• Mr. Sabatello asked staff on the progress of the newsrack ordinance. Mr. Golis said he will
confer with City Attorney Thomas Baird on the issue.
Adjournment
With no further business to come before the Commission, the meeting was adjourned at
10:10 P.M.
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Diane Carlino
Marty R.A.—Minor, Secretary
Daniel Honig
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Michael Posner
fL�tta I &��
Thomas Pastore
-FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I.AtiT NAME —FIRST NAML'— MID011 NAME
Pe s n/c_R- M I C_ � ,fit (
MAILINC; ADDRESS r
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DATE ON WHICY1 VOIE OCCURRED
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NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR
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THE BOARD, COUNCIL. COMMIss1oN, AUTHORITY, OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
CI I V COUNTY ' OTHER t.00'At AGENCY
NAML OI 1'01. ITICAI. SUBUIVISION:
MY NUSIIION Is:
AA , ELECTIVE PPOINTIVE
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.
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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 ufficer 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 15 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.
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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
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A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
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"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 fol
• 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
ICIN \I xB Itl•xe PA!
•
•
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE D ISION EXCEPT BY DISCUSSION AT THE MEETING:
I.. - -- • 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
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. M ► c,� A j '3 0 9 Sr"A- -_ , hereby disclose that on ( I 1 V.
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(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 �S /«SR- 13'4'`L
(b) The measure before my agency and the nature of my interest in the measure is as follows:
4-pr,, X � Sl h � /-, // -, A,L
Date Filed Signature
, by whom I am retained.
•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 Il
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000.
E FORM tie - I0-86