HomeMy WebLinkAboutMinutes P&Z 012892CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
JANUARY 28, 1992
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
Council 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: Jeffrey Ornstein, Chairman; Mike Rosen, Vice
Chairman; Carl Sabatello, James Leatherman, Domenick Lioce, Alan Strassler and Joseph
Hamzy, Members; and Mr. Dan Shalloway, Alternate Member. Mr. James Kuretski,
Alternate Member, was not in attendance.
APPROVAL OF MINUTES OF MEETING OF JANUARY 14, 1992
Mr. Carl Sabatello made a motion to approve the minutes of the meeting of January 14,
1992.
Mr. Mike Rosen seconded the motion.
The Minutes of the Planning and Zoning Commission meeting of January 14, 1992 were
approved by a 6 -0 vote. Mr. Alan Strassler abstained.
ITEMS BY PLANNING AND ZONING DIRECTOR
Mr. Bristol S. Ellington, City Planner, asked which Commission members will be
attending the City's Advisory Board Breakfast on February 1, 1992. Chairman Ornstein,
Mr. Rosen, Mr. James Leatherman, Mr. Domenick Lioce, Mr. Alan Strassler and Mr.
Dan Shalloway indicated that they will be in attendance.
PLANNING AND ZONING
PUBLIC HEARING: Z -91 -07 - Recommendation to City Council re: (Palm Beach
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Community College Theater) Rezoning from Planned Development Area (PDA) to PUD
with the underlying zoning of Government Use (GU) and site plan approval for the
26,890 square -foot theater and exhibition hall. Located west of Campus Drive and about
1,250 feet south of PGA Boulevard. (6- 42S -43E) (Adv. 1/13/92)
Chairman Ornstein announced that he is currently doing some consulting work for Palm
Beach Community College in Lake Worth, but he does not believe it is a conflict of
interest.
Mr. Ellington, City Planner, gave a presentation of the January 23, 1992 staff report.
Mr. Lioce asked if any signage plans are included with this application. Mr. Ellington
said that signage plans are not included and the petitioner will have to return before City
Council. Chairman Ornstein stated that he would like the signage plans to return to the
Planning and Zoning Commission for review.
Chairman Ornstein asked if the college has to maintain off -site landscaping. City
• Forester Mark Hendrickson said there is a section in the landscape code which permits
off -site landscape maintenance.
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Dr. Edward Eissey, president of Palm Beach Community College, said the college is
prohibited by state law to make any improvements off of its property.
Chairman Ornstein asked if this project has to comply with the regulations of the
recently - enacted ADA (Disability Act). An unnamed representative from the College
said the Department of Education has stated that this project will not have to comply
with ADA. The representative added that if ADA requirements have to be made, then
the college will make them.
Mr. Jim Neuhaus, agent for the college, presented revised plans to the board and called
for any questions.
Mr. Mike Rosen asked Mr. Neuhaus if he had any problems concerning staffs conditions
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• of approval. Mr. Neuhaus stated that he had no problem except for the condition for
off -site landscaping maintenance.
Mr. Lioce asked if the off -site parking provided on the main campus site by the College
is needed for code requirements. Mr. Neuhaus stated that the project meets all parking
codes on site, however it was felt that the additional parking was needed for peak
periods. Mr. Lioce asked if there should be some unity of title for the off -site parking.
Mr. Lioce asked Mr. Eissey if it was possible that the two college sites, the theater and
the main campus, could be separated. Mr. Eissey said that was impossible, as there is
a reversion clause in the sales contract states that if the theater site is not used for
educational purposes, then it reverts back to city ownership.
Chairman Ornstein and Mr. Lioce asked Mr. Neuhaus if the sidewalk shown on the site
plan as extending to RCA Boulevard will be constructed as shown. Mr. Neuhaus said
0 that he has been informed by college officials that they can not build the sidewalk off-
site.
The Commission then asked how they get any off -site improvements completed, such as
the Fairchild Avenue extension turn lanes. Mr. Neuhaus said the College is negotiating
with the County to build the road and the turn lanes in exchange for college property.
Mr. Eissey then distributed to the Commission a letter stating that the County will build
the Fairchild Avenue extension.
In response to a question from Mr. Carl Sabatello, Mr. Neuhaus stated that it will take
about 15 months to build the proposed theater.
Mr. Alan Strassler asked if the petitioner had any comments concerning staffs objection
to the service road to Campus Drive. Mr. Neuhaus stated that it would be a serious
• inconvenience for garbage and service vehicles servicing the site if the Campus Road
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• entrance is not permitted. Chairman Ornstein stated that the City Engineer objects to
the service road and he goes along with his comments.
Mr. Eissey argued that large semi - trucks and garbage trucks will have a difficult time
maneuvering through the parking lot if the trucks have to use the main entrance.
Mr. Sabatello asked whether the service road could be a right -turn only exit. Dr. Eissey
said he had no problem with that.
Chairman Ornstein said he still had problems with going against the City Engineer's
recommendation. He added that this matter should be decided by City Council.
Mr. Dan Shalloway said he understands the City Engineer's comments because the
location of the service road and the City Fire Station entrance prevents an entrance on
the vacant City parcel, which is adjacent to the theater site. Mr. Shalloway suggested
a condition of approval for the theater to provide access to the service road from the
• City's vacant parcel. Mr. Neuhaus said he had no problem with that suggestion.
In response to a question from Mr. Sabatello, Mr. Neuhaus said the retention pond on
the revised site plan is the same size but different shape. Mr. Neuhaus added the the
preserve area along Campus Drive has been increased by .5 acre.
Mr. Sabatello suggested that the petitioner move a light pole closer to the service
road /Campus Drive intersection and on the north side of the service road.
Mr. Neuhaus said the theater building will not be "washed" with lights.
Mr. Sabatello asked if the gates on the dumpster will be solid. Mr. Neuhaus responded
that they will be solid.
The Commission asked City Forester Mark Hendrickson if he had any problems with the
landscape plan. Mr. Hendrickson said he did not.
Chairman Ornstein then opened the Public Hearing.
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• Ms. Audrey Wolf, Facilities Director for Palm Beach County, said she wanted to clarify
the letter that was distributed by Mr. Eissey. She said the county has agreed to build
the Fairchild Avenue extension, but the turn lanes are the College's responsibility. Ms.
Wolf added that the County is working on an interlocal agreement with the College in
order to provide the turn lanes.
Mr. Sabatello asked Mr. Eissey if this would be a provided.
Mr. Eissey said the interlocal agreement with the County will allow for a swap of college
land for construction of the turning lanes by the County.
Chairman Ornstein asked if the College has to receive a building permit from the City
before it starts construct. Mr. Eissey said it didn't.
Chairman Ornstein closed the Public Hearing.
Motion
• Mr. Domenick Lioce made a motion for approval of this petition with the following
conditions:
1. Prior to the occupancy of the theater, the following left and right turn lanes shall
be constructed on Campus Drive:
a. Northbound left turn lane at Fairchild Avenue Extension with 150 feet of
storage.
b. Southbound right turn lane at Fairchild Avenue Extension with 200 feet of
storage.
2. If the construction of the Fairchild Avenue Extension is delayed, a two lane paved
interim driveway shall be constructed to the theater, by the College, within the
R.O.W. alignment. The construction plans for said driveway shall be first be
• reviewed and approved by the City Engineer.
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• 3. Prior to the occupancy of the theater, the final construction plan for the Fairchild
Avenue Extension shall be submitted for review and approval. This plan shall
address the following:
a. The north property line, which is also the proposed south right -of -way line
of Fairchild Avenue Extension, needs to be calculated to provide 80' of
right -of -way and the design of the "S" curve to accommodate safe travel at
the posted speed limit of 35 m.p.h.
b. An Eastbound left run lane at Campus Drive, with 200 feet of storage, and
a Westbound left turn lane at the Campus Theater entrance, with 200 feet
of storage, shall be constructed on the Fairchild Avenue Extension.
4. The petitioner shall give the City of Palm Beach Gardens an access easement to
its land which is located to the south of the theater site from service entrance off
• of Campus Drive.
5. A 12 -foot wide drainage easement along the east property line of the site, adjacent
to the Fire Station and the vacant City property, shall be preserved and granted
to the City to service said properties.
6. Three of the handicap parking spaces shall be relocated closer to the main
entrance to the theater to access the handicap seating areas in the north end of
the auditorium.
7. Prior to the occupancy of the theater, a 5 -foot sidewalk shall be constructed on
the south side of the Fairchild Avenue Extension, adjacent to the theater property;
from the theater site east to the 215 additional parking spaces on the College's
campus; and along the west side of Campus Drive from the Fairchild Avenue
. Extension south to RCA Boulevard.
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• 8. All preserve areas shall be tagged and protective barriers shall be erected around
the preserves prior to any land clearing and all applicable protection codes shall
be enforcement during construction.
9. All protected trees that die during construction or because of construction practices
shall be replaced using the following formula: For every caliper inch lost due to
tree mortality; three new caliper inches will be replaced.. A minimum of a three -
inch tree shall be planted.
10. The City Forester shall inspect and approve the landscaping prior to the occupancy
of the theater.
11. All appropriate permits with the Florida Game and Fresh Water Fish Commission
( FGFWFC) shall be approved prior to any land clearing and if the FGFWFC
changes the Site Plan for the theater, then those changes will be reviewed and
• approved by the City.
12. A management plan for the preserve shall be prepared and submitted to the City
prior to the occupancy of the theater and this plan shall address, as a minimum,
continued monitoring and control of exotic invasive species.
13. An appropriate deed restriction shall be placed on the lands designated as the
preserve area and the restrictions shall address, as a minimum, vegetation pruning
restrictions.
14. The sign shall be relocated outside the preserve area.
15. The proposed off -site landscaping along Fairchild Avenue extension shall be
maintained by the Community College.
16. There will be no lighting on any part of the building.
• 17. Any signage to be located on the site will be brought back before the Planning
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• and Zoning Commission for review and approval.
18. The street light located on the south side of the service road will be moved to the
north side of the service road.
Mr. Carl Sabatello seconded the motion.
The motion was unanimously approved by a 7 -0 vote.
WORKSHOP: Z -91 -04 - Recommendation to City Council re: (North County
Government Center) Rezoning a 36.15 -acre site from GU, Government Use, and PDA,
Planned Development Area to a Planned Community District with an underlying zoning
designation of Governmental Use and approval for a conceptual master plan approval
for a governmental center. Located at the southwest corner of PGA Boulevard and
Campus Drive. (6- 42S -43E)
Mr. Bristol S. Ellington, City Planner, reviewed the January 23, 1992 staff report.
• Chairman Ornstein stated the communication tower should be moved farther away from
PGA Boulevard. He suggested that the County talk with Palm Beach Community
College officials about the possibility of placing the communication tower on top of the
proposed theater.
Chairman Ornstein questioned the need for a separate entrance for the Sheriffs
substation.
Mr. Ellington stated that this request does not include signage.
Chairman Ornstein stated a unity of title should be required because the state and the
County own property within the proposed PCD.
Mr. Ellington raised staffs concern over the lack of a traffic connection between the
proposed library and the remainder of the PCD.
Mr. James Leatherman asked where people will be parking when some parking spaces
•
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• will be removed during Phase I of the development. He also asked how many spaces
will be removed. Mr. Ellington stated that there will eventually be parking provided in
front of the existing North County Courthouse.
Mr. Lioce asked if the project has to comply with the County Traffic Performance
Standards. Mr. Ellington stated that City Council requested, at its January 16, 1992
meeting, that the County provide a statement that the proposed rezoning will meet the
Traffic Performance Standards.
Mr. Lioce questioned whether the City Engineer or the City Traffic Engineer will be
addressing road improvements concerning this project. Mr. Ellington stated that since
only the library is proposed to be constructed at this time, no road improvements are
required at this time.
Mr. Lioce questioned whether the City needs an overall traffic impact statement, which
• is required of other master plans. Mr. Ellington responded that the County has
requested an interlocal agreement which would allow for phasing of the development and
the phasing of the traffic impact.
Mr. Lioce stated the Commission needs to see the ultimate road improvements required
for the ultimate build -out before they can approved the master plan. Chairman Ornstein
added that the Commission needs to see a traffic impact statement for the entire project
and not just the first phase.
Mr. Hank Skokowski, agent for the petitioner, said the County is asking for a conceptual
plan approval. Under the requested rezoning to PCD, the County will have to come
back for approval of each section of the PCD. There will be no vesting or development
rights for anything other than Phase I, Mr. Skokowski added.
• Chairman Ornstein asked if Mr. Skokowski believed that this approach to a master site
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• plan would be approved by the County standards. Mr. Skokowski said he believed that
he and Traffic Engineer Charlie Walker would agree that the project would be approved
by the County. Chairman Ornstein stated that he did not believe that it would.
Mr. Skokowski stated the library does not want to compromise its parking by connecting
it with the other uses with the project.
Mr. Lioce and Chairman Ornstein said they disagreed with not having vehicular access
from the library to the government center while allowing the Sheriffs substation an
access through the library parking lot.
Chairman Ornstein stated the master plan was disjointed. He added that the County
should look at providing another access from the DMV site to Fairchild Avenue
extension.
In response to questions from the Commission, Mr. Skokowski said the Sheriff has
• indicated that a separate entrance is needed to allow for safe and quick access out of
the Sheriffs substation. Chairman Ornstein said that this reasoning was ridiculous.
Mr. Lioce asked why there is not a walkway to the DMV site. Mr. Skokowski said the
walkway should extend to the DMV site.
Mr. Sabatello asked that Mr. Skokowski check into the possibility of a Fairchild Avenue
access to the DMV site and review the separate entrance for the Sheriffs substation.
Mr. Skokowski said he would. Mr. Sabatello asked about the use of the Sheriffs
substation. Ms. Wolf said there will not be a motor pool at the site, there will be just
a Sheriffs substation and fueling depot.
Responding to a question from Mr. Sabatello, Mr. Skokowski stated that landscaping
along PGA Boulevard will be comparable to the other landscaping along the Boulevard.
He added that the County site will not use beds of mulch and accent plants and annuals
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as seen in on The Regional Center site.
In responding to a staff comment to replace the sidewalk along PGA Boulevard, Mr.
Skokowski said they would like to keep the existing sidewalk until when, and if, PGA
Boulevard is widened. The state, which would widened the Boulevard, would pay for the
new sidewalk, he added.
Mr. Lioce asked why the communication tower can not be placed on top of a building.
Ms. Wolf said it can not be placed on the substation as it is being proposed as a two -
story facility with only the first story being constructed initially.
Mr. Alan Strassler asked if there is a direct relationship between the substation and the
courthouse, such as the transfer of prisoners. Mr. Don Dwore, of Spillis, Candela and
Partners, stated that there will be no direct relationship between the two facilities.
Mr. Strassler suggested moving the Sheriffs substation to the south of the proposed
• DMV site in order to square off the preserve area.
Mr. Dwore said the substation was moved to the east from its original location in order
to make the preserve site as one piece. Mr. Skokowski said the preserve area has
already approved by the City Council. He added that there are gopher tortoises located
within the area south of the proposed DMV site.
Mr. Skokowski said there will not be a buffer zone in front of preserve area because it
is not necessary to buffer a preserve.
Mr. Skokowski described the conflict between the proposed north /south roadway and the
Sigma site plan.
Mr. Lioce requested that the Mr. Skokowski provide a drawing on how the north /south
entrance road will use the existing right -of -way provided by the Sigma site.
• Mr. Skokowski took exception to Mr. Hendrickson's written comment on security issue
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• on the south side of the property, adjacent to the residential area. Mr. Hendrickson
suggested placing a fence along the boundary. Mr. Skokowski suggested that the fence
would be a public expense and keep the residents from walking to the library.
Mr. Ellington asked if a sidewalk is being proposed along the south side of Fairchild
Avenue. Mr. Skokowski said the sidewalk is only proposed for the north side of
Fairchild Avenue.
Mr. Skokowski requested that the Commission set the date of February 25, 1992 as a
Public Hearing for this petition. Chairman Ornstein said Mr. Skokowski needs to
understand that there is a lot of work to be done and that the Public Hearing can be
postponed.
The Commission agreed to instruct staff to advertise this petition for a Public Hearing
on February 25, 1992.
• Mr. Lioce said he had a difficult time seeing this project as a PCD because of its size
He added that he would like to see much more details in the revised site plan, such as
an internal circulation plan.
Chairman Ornstein said if a private person had brought this plan in, he would not be
allowed to present this plan before the Commission as it is now because there is not
enough information. He added the he thinks there should be a traffic impact statement
for the entire project.
Chairman Ornstein requested that the County provide an integrated signage plan for the
project. He added that if all the requested information is not provided then the Public
Hearing will be postponed.
WORKSHOP: PUD -91 -25 - Recommendation to City Council re: (North County
Public Library) Creation of a Planned Unit Development for construction of a 24,000
square -foot regional library facility located within the proposed North County
12
•
•
•
Governmental Center Planned Community District. Located at the northwest corner of
Campus Drive and the Fairchild Avenue extension. (6- 42S -43E)
Mr. Bristol S. Ellington, City Planner, reviewed the January 23, 1992 staff report for the
above - referenced project.
Mr. Ellington stated that the signage location at the library site does not meet code and
should be revised.
Mr. Sam Ferrari, of Educated Design, architect for the library, said because of the
buffers surrounding the site, the building is oriented to the inside of the site.
Mr. Ferrari and Mr. Skokowski reviewed the site plan for the library.
Chairman Ornstein asked when construction will start on the library. Ms. Wolf said if
the PCD rezoning request is approved in April, then the library will open in October
1993.
Mr. Lioce said he had a problem with the loading zone and dumpster to the right of the
front door of the library. Mr. Ferrari said the loading zone and dumpster will be
screened by a change in elevation. Mr. Lioce suggested that the dumpster and loading
zone be placed on the north side of the building.
Mr. Strassler said the elevations for a relatively small building is "bulky" and "ungraceful."
Mr. Lioce commented that the landscaping is spartan and could be filled out.
Chairman Ornstein requested that the petitioner bring a model of the building to the
next meeting.
Mr. Hamzy and Mr. Lioce stated they did not want the Sheriffs substation to have an
emergency access through the library site plan. Mr. Skokowski said the Sheriff has
requested a second access from the substation site and that they were not permitted to
cut through the preserve area.
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•
Mr. Sabatello asked if there was irrigation in the lawn surrounding the library. Mr.
Skokowski said he will check on that.
Chairman Ornstein said he would like a vehicle access between the library site and the
courthouse parking lot. Mr. Hamzy and Mr. Lioce disagreed.
The Commission agreed to hold another workshop on this petition on February 11, 1992.
ADJOURNMENT
There being nothing further to come before the Commission, the meeting was adjourned
at 10:36 P.M. The next meeting will be held on December 10, 1991.
Carl Xbatello
Marty A. Minor, Secretary
14
ames Leatherman
-.FORM 811 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME— MIDDLE NAME
a1.Z,)sT,� -1,1L) Jelg9eOV7 A.
AILING ADDRESS
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CITY C'OUNT\'
DATE ON WHICH VOIL OCCURRED
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NAME OF
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7.HE BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
CIIY COUNTY `OTHER1.O(.Al AGENCY
NAML OF Pot ITIC'AL SUBDIVISION:
C/T y 4 "V 4&CO (?7�1 �
MY PUSII'ION IS:
WHO MUST FILE FORM 8B
ELECTIVE
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
to:e
ursc of tfo:b ticulla; form i� nc-,, 7c Lined by ia:+', iii are encouraged �o use 11 In making the disclosure required D taw.
i.ar y r y g g q Y
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OELECTED 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:
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WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
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A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
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• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
I (IMNI MB III.X6 PAGE
4
IF YOU MAKE NO ATTEMPT TO-INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
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• 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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is
DISCLOSURE OF LOCAL OFFICER'S INTEREST
fa �f ?�r�t�! ,hereby disclose that on V'�% 1,0 I9
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain; or
toured to the special gain of _______-- ____�% , by whom 1 am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
/VaiLyN G4,NWuS Ae4l- `' c, ,,q L
Z wt I'tl�ztht.( SOS 4vev s vL74v7-
G4lcC ",?rve �rGld
Date Filed
6/lt7cf leelsev.y
*NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §1 . (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
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E FORM 811 • I0-86 PAGE