HomeMy WebLinkAboutMinutes P&Z 071492CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
JULY 14, 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
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, Domenick
Lioce, Alan Strassler, James Leatherman, Members; Diane Carlino and Dan Shalloway,
Alternate Members. Vice Chairman Mike Rosen, Carl Sabatello and Joseph Hamzy,
Members, were not in attendance.
PLANNING AND ZONING
PUBLIC HEARING: PCD -92 -01 - (NorthCorp) Amending the NorthCorp Planned
Community District, adopted on January 18; 1992 by Ordinance 1, 1990, to allow for
additional uses on Lot 1 of West Park Center Plat. (1, 12- 42S -42E & 1, 6- 42S -43E) (Adv.
6/29/92)
Mr. Bristol S. Ellington, City Planner, reviewed the July 9, 1992 staff report on the above-
referenced petition_
Mt °. Alan Strassler asked for 'a clarification on the proposed rewritten conditions of approval
for the NorthCorp PCD.
Mr. Richard F. Walton, Planning and Zoning Director, said that the conditions were being
rewritten to clarify the intent of the conditions. He added that these conditions have been
misinterpreted by some people.
Mr. Domenick Lioce said he represents the landowner on this petition. He added that
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staff's rewriting of the conditions did not reflect the original intent of the condition. He said
it was never intended that a parcel would be restricted to 10 percent retail use.
A general discussion ensued over the amount of retail should be allowed on each parcel and
within the entire PCD.
Mr. Hank Skokowski, agent for the petitioner, reviewed the petition. He said the proposed
medical use would respond to the growth in north Palm Beach County. Mr. Skokowski cited
a report that stated the north county area will have a deficit in internal, geriatric, family and
general medicine.
Mr. Dan Shalloway asked if the petitioner presented these revised conditions. Mr. Walton
said staff presented these conditions because the adopting ordinance was quickly drafted and
this was the first amendment and first chance staff had to revise the conditions.
Mr. Lioce said the revised Condition #24(b) penalizes the developer because it requires
additional trees to be planted for moving a tree. City Forester Mark Hendrickson said the
condition requires a three -to -one caliper replacement only if an Oak tree dies.
Chairman Ornstein said he does not believe the petitioner has justified medical use at the
NorthCorp site or justified the loss of industrial land within the City.
Chairman Ornstein opened the Public Hearing.
After hearing no public comment, Chairman Ornstein closed the Public Hearing.
After a member of the audience spoke up, Chairman Ornstein conferred with the
Commission and re- opened the Public Hearing.
Mr. Paul Stanley of Meditest, which owns property across from Palm Beach Gardens
Medical Center, said there will be a duplication of medical services within the City if this
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use is allowed at NorthCorp. He added that this use will have significant economic impact
on the City.
Mr. Jim Getzinger of Bay Village said he was concerned about the traffic pattern which
would be created by this use. He said he wondered if any other sites were looked at for this
use and whether this petition will affect other industrial properties.
Mr. Scott Scroggins, administrator of the North County Surgicenter, said the services being
proposed for this site would duplicate the existing medical services within the City.
Hearing no further public comment, Chairman Ornstein closed the Public Hearing.
Ms. Carlino said she can not speak to the economics of this use being placed on the site
because she has not conducted a marketing study. She added that she believes that Mr.
Skokowski has made a case for medical use on this site.
Mr. Alan Strassler asked if there was any other industrial land in the City and, if so, how
much is there? Mr. Walton said that report would be in the staff's response if the petitioner
had provided a justification report. He added that this is the latest approved industrial park.
Mr. Dan Shalloway said he does not have a problem with allowing the medical use. He said
the staff s clarification to Condition # 6 changes the intent of the condition.
Chairman Ornstein said he does not believe the use has not been justified. He said it is the
wrong use at the wrong site. He said he agrees with the restriction of 10 percent retail per
parcel. Chairman Ornstein said there shouldn't be retail on this industrial site.
Mr. Strassler asked if a justification statement has been received. He said he did not
believe a verbal justification report was adequate. Chairman Ornstein said he could make
a motion to table the decision.
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Mr. Strassler asked the petitioner that if this matter was tabled to the next meeting, would
he provide a justification report. Mr. Skokowski said he could only provide a written version
of the verbal report he had presented.
Chairman Ornstein said Mr. Skokowski may have proven the need for medical services in
the north county area but not justification for changing the use on this site.
Mr. Walton requested that all previous discussions concerning this petition be included in
the record of this Public Hearing. Chairman Ornstein agreed.
Mr. Skokowski said this site is the most available site in the City for the petitioner's
purposes.
Motion
Mr. Dan Shalloway made a motion to approve the above - referenced petition with the
following conditions:
• 1. Conditions 21 and 24(b) of Ordinance 1, 1990 shall be rewritten to read as follows:
#21 "In addition to the uses allowed in the M -1, Research and Light
Industrial Park District, the following uses are allowed with the
submission of each PUD."
#24(b) "All existing Oak trees with a caliber of eight inches or greater will be
preserved and protected during construction. If the City Council
determines this condition is not practicable or feasible, the Oak trees
may be relocated on site or replaced on site by like trees of the
calipers equivalent to three times the caliper of the trees being
removed."
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2. Staff recommends the deletion of "Employment Office" from the "Service
• Establishment" category in Condition #21, since office is currently a permitted use
under the M -1 District.
Ms. Diane Carlino seconded the motion.
Chairman Ornstein said he believes that Condition #6 should be revised.
The motion was approved by a 4 -1 vote with Chairman Jeffrey Ornstein opposing and Mr.
Domenick Lioce abstaining.
PUBLIC HEARING: PUD -92 -12 - (Gardens Plaza) Amending the Gardens Plaza Planned
Unit Development, created by Ordinance 3, 1985 and subsequently amended by Ordinance
7, 1989, for a three -year time extension for the development of a 181,000 square -foot office
development on 4.49 acres. Located on the southeast corner of PGA Boulevard and
Fairchild Gardens Avenue. (6- 42S -43E) (Adv. ;6/29/92)
Mr. Ellington, City Planner, reviewed the July 9, 1992 staff report for the above - referenced
subject.
• Chairman Ornstein said a revised landscape plan should be submitted for approval because
the original landscape plan was not followed.
Mr. Strassler said that the retention plans are different now than what was approved.
Chairman Ornstein said these revised plans should be approved at the same time as the
time extension. He added that he wished to know how the plans were changed.
An unidentified representative of the owner of the parcel stated the landscape plan was
changed because plants and trees died and were then replaced.
Mr. Ellington said City Engineer David Getz approved the modification to the retention
ponds.
Mr. Shalloway asked if this project uses road capacity. Mr. Walton said this capacity is
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40 already in traffic models. He added that a denial of this petition would free up those traffic
trips.
Chairman Ornstein asked why this petition is requesting a three -year extension. He said the
Commission usually does not grant long -term extensions of time.
Mr. Al Malefatto, agent for the petitioner, reviewed the petitioner's request. He stated that
the economy has prevented the construction of the second phase of this project. He said
the project would be hard - pressed to complete the project within one year.
Chairman Ornstein said he could not justify granting a three -year time extension.
Mr. Shalloway asked if the owners are going to build this phase or are they protecting their
investment. Mr. Malefatto said they are protecting their investments, but they are ultimately
going to seek out a development partner to build the next phase.
• The Commission began a general discussion on its policy for the granting of time extensions
for PUDs.
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Chairman Ornstein opened the Public Hearing.
Upon hearing no public comment, Chairman Ornstein closed the Public Hearing.
Mr. Lioce said he has problems with projects which bank traffic trips. He said because of
the difficult economy and the new ownership of this project he does not have a problem
with a one -year time extension.
Motion
Mr. Lioce made a motion to recommended approval of a one -year time extension for the
above - referenced petition with the following conditions:
1. No more than 15 percent of the net leasable space of the project shall be used by the
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physician and dentist offices.
• 2. A wall sign is permitted for each tower for tenant identification for two tenants on
each sign as per Ordinance 22, 1988.
3. The petitioner shall donate $20,363.50 to the City's Recreation Building
Development Fund prior to the issuance of a Certificate of Occupancy of Phase II.
4. Prior to the issuance of the first building permit for Phase II, the petitioner shall
donate $3,000 to the City to be used for improvements to the Campus Drive Fire
Station.
5. No Building Permit for construction in Phase II shall be issued until the petitioner
has constructed and received a Certificate of Occupancy for the west one -half of the
parking garage.
• 6. Prior to the Certificate of Occupancy for the building in Phase II, the Certificate of
Occupancy shall be issued for the east one -half of the parking garage.
7. If additional required interim parking facilities, on site or off -site, are needed, the
petitioner must receive approval by subsequent Resolution from the City Council for
any such facility.
8. The petitioner shall pay one -half (1/2) of the continuous maintenance cost for 400
linear feet of the landscaped median of PGA Boulevard.
9. The petitioner shall submit a revised landscaping plan for City Council's approval
prior to the issuance to the first building permit for Phase II.
Mr. Shalloway seconded the motion.
Ms. Carlino made a motion to amend the motion to extend the time extension to two (2)
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years.
Mr. James Leatherman seconded the amendment to the motion
Chairman Ornstein said he believes two years is too long.
Ms. Carlino said the economy has been devastating in this county and that another year for
the time extension would not be burdensome.
Mr. Shalloway said he was torn on this issue. He said he agreed with Ms. Carlino, but also
felt that may the trips this project was holding would be better used for other development
projects.
Mr. Strassler suggested that the two -year time extension start at June 15, 1992. Ms. Carlino
agreed to change her motion to a two -year from June 15, 1992.
The amendment to the motion was approved by a 4 -1 vote, with Chairman Ornstein
• opposing.
Mr. Strassler made a motion to for a second amendment to the motion:
10. The petitioner shall provide as -built civil engineering and landscape plans to City
Council prior to final approval of this petition.
Ms. Carlino seconded the motion.
The second amendment to the motion was approved by a 6 to 0 vote.
The motion with the two amendments was then approved by a 4 to 2 vote, with Chairman
Ornstein and Mr. Lioce objecting.
WORKSHOP RE: PUD -92 -08 - Creation of a Planned Unit Development to allow for the
construction of a 87,500 square -foot medical office, diagnostic /clinical medical and general
office building on Lot 1 of West Park Center within the NorthCorp Planned Community
District. Located west of Riverside Drive (A /K /A NorthCorp Parkway), immediately south
of the Marriott Hotel Planned Unit Development. (1- 42S -42E & 12- 42S -43E)
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Mr. Ellington, City Planner, reviewed the July 9, 1992 staff report for the above - referenced
petition.
Chairman Ornstein asked if the petitioner has revised the project's traffic report to reflect
87,000 square feet of medical uses. Mr. Ellington said the petitioner is requesting a mixture
of uses.
Chairman Ornstein said the NorthCorp PCD was explicit in stating that the streetscape and
landscape buffer plan must be approved before the first PUD is approved. He said the
streetscape plan has not been approved. Chairman Ornstein said he did not know why the
Commission is reviewing this project with the streetscape plan being approved.
Chairman Ornstein said he asked staff to take some slides of the lack of landscaping along
the Alternate AlA /FEC railway boundary of this site. He asked staff to present those
• slides.
Mr. Lioce asked what the slides had to do with this petition. The landscape plan has to be
approved before this petition can be approved, Chairman Ornstein said.
City Forester Mark Hendrickson made a short slide presentation of the eastern landscape
boundary of the PCD.
Chairman Ornstein asked if there was a motion to table this petition. Mr. Lioce said he
would like to hear from the petitioner before any motion is made. Chairman Ornstein said
we can not discuss the project landscaping because the Commission does not known what
the Council will approve.
Mr. Skokowski, agent for the petitioner, reviewed the project and stated that the submitted
landscape plan largely matches the project landscape plan. He said the main discrepancy
• was the landscaping between the proposed building and Interstate 95.
Chairman Ornstein asked who's responsibility is to install the landscaping along Alternate
AlA. Mr. Lioce, who represents the NorthCorp landowner, said most of the landscaping
removed along Alternate AlA was within the FEC railway right -of -way. He said
landscaping was approved around the satellite dishes. The missing landscaping around the
satellite dishes can be rectified through a Code Enforcement procedure, Mr. Lioce added.
Mr. Hendrickson said that this project's landscaping plan and the PCD buffer plan is
proposing one tree per 30 feet and a hedge. Mr. Hendrickson said he is recommending one
tree per 20 feet.
Chairman Ornstein asked what will happen with the northeast section of parcel. Mr.
Skokowski said that area will remain as open space until the City Council approves some
• development at a future date.
Chairman Ornstein said the traffic report should reflect 87,000 square feet of medical space.
Mr. Skokowski said there will also be diagnostic /laboratories and administrative uses.
Chairman Ornstein reiterated the trips should reflect 87,000 square feet of medical use. Mr.
Walton said that the City's Traffic Consultant Kahart Pinder has flagged this issue for the
Commission.
Mr. Lioce said that, at the last meeting, Chairman Ornstein was the only one with this
concern.
The Commission discussed the project's plan. Mr. Skokowski distributed a sheet comparing
the parking ratios for other medical use buildings in the City.
Mr. Skokowski stated that he believes that the one tree per 20 feet requirement along
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• Riverside Drive is unnecessary because it would be in addition to the streetscape. Mr.
Skokowski prefers to seed and irrigate the open space rather than sod the area. He added
that he would prefer to keep the shade trees at 12 to 14 feet in height as opposed to the
recommendation by Mr. Hendrickson in his July 6, 1992 memorandum.
Chairman Ornstein stated that he would like the open area to be sodded.
After a discussion with the Commission, Mr. Skokowski indicated that by using 9' x 18'
parking spaces that the code requirements are met and more green space provided.
Mr. Shalloway stated that he did not want the petitioner to place a fence along Interstate
95. He added that he wanted the proposed sidewalk at the project entrance to match the
existing sidewalk. Mr. Skokowski agreed.
Mr. Strassler requested that Mr. Skokowski add more landscape islands to the parking lot.
Mr. Skokowski said he would replace two parking spaces with landscape islands.
Petitioner Dan Catulfumo reviewed the architecture and colors for the proposed building.
Mr. Strassler suggested that the cedar - covered parking area be changed to stucco or metal.
Ms. Carlino asked about the identification signage on the building. Mr. Catulfumo said the
entire sign package will have to return to the City for approval.
The Commission directed staff to draft conditions of approval for this petition for
consideration at a future meeting.
WORKSHOP RE: PUD -92 -09 - Creation of a Planned Unit Development to allow for the
construction of five one -story buildings, with a total building square footage of 49,360, for
a mixture of general office and industrial uses on Lots 1 and 2 of RCA Boulevard Center
within the NorthCorp Planned Community District. Located north of RCA Boulevard and
west of the Florida East Coast Railway. (1- 42S -42E & 6- 42S -43E)
Mr. Ellington, City Planner, reviewed the July 9, 1992 staff report on the above - referenced
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. petition.
Mr. Hendrickson stated that his landscaping comments were similar to the comments
expressed for Lot 1 of West Park Center in the NorthCorp PCD.
Mr. Ellington said that the petitioner, per the Commission's comments, reduced the number
of parking spaces on site and removed the parking spaces between the buildings.
Mr. Shalloway asked for City Engineer David Getz to review and comment on the site's
drainage plan.
Chairman Ornstein said the eastern curbcut has not been lined up between the two
buildings as previously requested by the Commission. Mr. Skokowski, agent for the
petitioner, said the driveway being off -set will allow for slower traffic. Chairman Ornstein
said it could be a hazard.
• The Commission discussed the curbcuts along RCA Boulevard. The Commission asked Mr.
Skokowski to investigate the possibility of moving or adding a curbcut.
Mr. Jeff Lis, an associate of the petitioner, explained the drainage system proposed for the
site.
Chairman Ornstein suggested that petitioner culvert the entire ditch along RCA Boulevard.
Mr. Shalloway said that culverting the ditch may be too much to ask from just the petitioner.
If the site is culverted, can the site be landscaped per the streetscape plan, Chairman
Ornstein asked. Mr. Shalloway said RCA Boulevard is the main entrance into the project
and it needs to landscaped. He added that the City needs to address this issue, whether the
petitioner pays for or collects impact fees for it.
Chairman Ornstein asked Mr. Ellington to have the City Engineer to look into the drainage
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on the site and the possibility of culverting or adding a swale along RCA Boulevard.
Chairman Ornstein asked why the dumpsters are crooked. Mr. Dan Catulfumo, P etitioner,
said the dumpsters were angled when the northern road was one -way. He added that the
dumpster locations will be changed.
Mr. Skokowski said the petitioner can place 10' x 20' parking spaces on site and meet code.
He said he would like provide as many parking spaces as they can with 9' x 18' spaces. He
said the parking requirements may be substandard.
Chairman Ornstein said the amount of parking spaces at 10'x 20' dimensions should be the
same number of parking spaces at 9' x 18'.
Mr. Skokowski said the petitioner has a great concern over the removal of parking spaces
between the buildings. The petitioner would like to provide the spaces between the
• buildings, Mr. Skokowski said.
Chairman Ornstein said come back with revised plans indicating 10' x 20' parking spaces
with landscaping and sidewalks.
With the 10' x 20' parking spaces, there will only be enough room for landscaping or a
sidewalk, Mr. Skokowski said.
Mr. Shalloway suggested closing the driveway between the buildings, while still allowing for
parking between the buildings.
Mr. Skokowski said that with 9' x 18' parking spaces, the site will allow for both landscaping
and a sidewalk. He asked the Commission for a straw vote to allow him to place 9' x 18'
spaces without having to prove that 10' x 20' spaces work between the buildings. The straw
vote was split 2 -2.
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Chairman Ornstein stated that the site plan should indicate the breakdown between office
and warehouse.
The Commission directed staff to draft conditions of approval for this petition for
consideration at a future meeting.
PREAPPLICATION REVIEW: PCD -92 -02 - Amending the NorthCorp Planned Community
District, adopted on January 18, 1990 by Ordinance 1, 1990, to allow for additional uses
on Lots 9 & 12 of South Park Center Plat (1, 12- 42S -42E & 1, 6- 42S -43E).
Mr. Ellington, City Planner, reviewed the July 9, 1992 staff report for the above - referenced
petition.
Chairman Ornstein asked if the petitioner provided any justification for this use. Mr.
Ellington said that a church is a permitted use in the M -1 zoning district in the proposed
Land Development Regulations.
Mr. Lioce stated that he has a conflict of interest with this petition as he represents the
landowner of the NorthCorp PCD.
Mr. Shalloway asked if he had a conflict of interest because he is a subcontractor to the
agent of the petition on another job. Mr. Lioce said the City Attorney has in the past ruled
that a relationship with a professional is not a conflict of interest.
Mr. Donaldson Hearing, agent for the petitioner, reviewed the request to allow for a church
within the NorthCorp PCD. He said the petitioner wishes to build a 79,000 square foot
church facility.
Chairman Ornstein asked if there will be a parking garage. Mr. Hearing said there will not
be a parking garage. Chairman Ornstein said there is not enough land for the parking
needed.
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Mr. Hearing said that part of the purchase agreement for the land includes perpetual use
• of 900 parking spaces on Sunday mornings. Chairman Ornstein asked where will these 900
spaces be located. Mr. Hearing said the agreement allows for use of parking southeast of
the current NorthCorp Center complex. He added that the church will provide 250 to 300
spaces on site and will require about 700 parking spaces total. Chairman Ornstein said he
believes that Mr. Hearing will run into some opposition to the shared parking agreement.
Chairman Ornstein asked Mr. Hearing to justify the loss the industrial land in the City. He
said he did not believe this use is compatible with this site. He said he does not believe that
there is not other property within the City not suitable for a church.
Mr. Shalloway said he favors shared parking for churches. He added that he does not have
a problem with only one church on this site.
• Mr. Lioce said, from the landowner's viewpoint, said this use was attractive because it places
very few traffic trips on the road during the peak traffic hours. He said there may be shows
during the week for community use.
Chairman Ornstein asked if this project would trigger all the improvements along Burns
Road. Mr. Lioce said when the PUD is approved, the improvements would be triggered.
Mr. Lioce said the landowner is planning to use the proceeds from the sale of the
Catulfumo property to fund the project's infrastructure.
Chairman Ornstein directed staff to advertise this petition fora Public Hearing. He added
that he thinks this use is not compatible for this site.
Mr. Shalloway said the petitioner should take a look at other sites in the City for a church
and provide some information to the City about those sites.
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_ PREAPPLICATION REVIEW: PUD -92 -13 - Amending the Planned Unit Development
• approved for Parcel 11 at Ballenlsles Country Club from 61 zero -lot line homesites to 45
custom single - family detached homesites. (14- 42S -42E)
Mr. Ellington, City Planner, reviewed the July 9, 1992 staff report on the above - referenced
petition.
Chairman Ornstein said he has a problem with a 7.5 foot side setback for such large houses.
Mr. Lioce said the building separation has increased from 10 feet to 15 feet. He said the
Glengary PUD in PGA National has the same building separation and it is not
objectionable.
Mr. Strassler stated that the project features a long road with cul -de -sac. Mr. Shalloway said
the county standard is 1300 feet. Mr. Lioce estimated that the road was about 1500 feet.
Responding to a question from Mr. Strassler, Mr. Ellington stated that the City Engineer
. and Fire Department have signed -off on this project.
Mr. Skokowski, agent for the petitioner, said the petitioner has a concern about when this
project will get approved. He added that he would like to receive approval at this meeting.
Mr. Lioce said he does not believe staff is prepared to move this forward, but he does
believe it will move forward at the next meeting.
The Commission directed staff to draft conditions of approval for this petition to be
discussed at a future meeting.
ADJOURNMENT
There being nothing further to come before the Commission, the meeting was adjourned
at 12:07 A.M. The next meeting will be held on July 28, 1992.
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Diane Carlino
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Marty RA. Minor, Secretary
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Wm— el nick ioce
am - Leatherman
Dan Shalloway